Terms of Service

These Terms of Service (the "Terms") govern your use of FormWire, a form backend service operated by FormWire, a company registered in the Netherlands, with its registered office in Amsterdam ("FormWire", "we", "us", or "our").

By creating an account, accessing, or using FormWire, you agree to be bound by these Terms. If you don't agree, don't use the service.

1. The service

FormWire is a hosted backend for HTML forms. You configure forms through your account, point your website's form action at a FormWire endpoint, and we receive, process, store, and route the submissions according to your configuration. We provide a dashboard, spam filtering, validation, webhooks, email notifications, and the other features described on our website.

We may change, add, or remove features at any time. We'll give reasonable notice for material changes that reduce existing functionality on paid plans.

2. Your account

To use FormWire, you create an account. You're responsible for:

• Providing accurate registration information and keeping it current.
• Keeping your account credentials secure. You're responsible for everything that happens under your account.
• Notifying us promptly at security@formwire.app if you believe your account has been compromised.

You must be at least 18 years old to create an account. If you're using FormWire on behalf of a business or other organization, you confirm you have authority to bind that organization to these Terms, and "you" in these Terms refers to both you personally and that organization.

One person or entity per account. You may not share an account with others outside your organization, or resell access to your account.

3. Acceptable use

You may use FormWire to collect form submissions for any lawful purpose. You may not use FormWire to:

• Collect, transmit, or store content that is illegal, infringes others' rights, or violates applicable law (including data protection law).
• Send spam, phishing content, or malicious payloads through our service.
• Collect submissions on websites that don't disclose data collection to their visitors as required by applicable law.
• Collect special categories of personal data (as defined by GDPR Article 9 — health, biometric, racial, political, religious, sexual orientation, etc.) without the explicit, informed consent of the data subjects, and without notifying us in advance.
• Collect personal data of children under 16 (or the applicable age in your jurisdiction) without verifiable parental consent.
• Attempt to circumvent rate limits, quotas, spam detection, or other technical protections.
• Reverse-engineer, decompile, or attempt to extract source code from the service.
• Use the service to compete with FormWire by building a substantially similar product.
• Probe, scan, or test the vulnerability of the service without our prior written consent.
• Use the service in any way that could damage, disable, overburden, or impair it.

We may suspend or terminate accounts that violate this section, with or without notice depending on severity. For clear and severe violations (illegal content, attacks on the service, fraud), we may act immediately and without warning.

4. Your content and data

4.1 Ownership

You own the form submissions and other content you collect through FormWire ("Customer Data"). We don't claim any ownership rights over it.

4.2 License to operate the service

You grant us a limited, non-exclusive, royalty-free license to host, store, process, transmit, and display Customer Data solely as needed to provide the service to you — for example, to deliver submissions to your dashboard, run spam analysis, fire your configured webhooks, or send notification emails. This license ends when you delete the data or terminate your account, except to the extent we're required to retain data by law or for backups (covered in Section 4.4).

4.3 Data protection — our role

When end visitors submit forms through FormWire, we process their personal data on your behalf as a processor under the GDPR. You are the controller of that personal data. This means:

• You are responsible for having a lawful basis for collecting the personal data, providing required notices to data subjects (e.g., a privacy policy on the site hosting the form), and handling data subject requests.
• We will only process personal data on your documented instructions, as set out in your account configuration and these Terms.
• We will implement appropriate technical and organizational measures to protect personal data.
• We will assist you with data subject requests, breach notification, and DPIAs to the extent required by GDPR Article 28.
• A separate Data Processing Agreement (DPA) governing this relationship in detail is available on request at legal@formwire.app.

4.4 Data retention

We retain Customer Data while your account is active. When you delete a submission or a form, we remove it from our active systems within 30 days. When you terminate your account, we delete your Customer Data within 90 days, except:

• Backup copies, which are overwritten on a rolling basis (typically within 90 days).
• Data we're legally required to retain (e.g., for tax or fraud-prevention purposes).
• Aggregated, anonymized data that no longer identifies you or your end users.

4.5 Sub-processors

We use third-party service providers to operate FormWire (e.g., cloud hosting, email delivery, payment processing). A current list of sub-processors is available on request at legal@formwire.app. We require sub-processors to provide adequate protection for personal data.

5. Plans, payment, and billing

5.1 Free and paid plans

We offer a free plan with limits as described on our pricing page. Paid plans require a valid payment method and are billed in advance — monthly or annually depending on the plan you select.

5.2 Pricing changes

We may change pricing for paid plans. For existing paid subscriptions, we'll give at least 30 days' notice before the change takes effect at your next renewal. Continued use after the change takes effect constitutes acceptance.

5.3 Taxes

Prices are exclusive of applicable taxes (including VAT) unless stated otherwise. You are responsible for any taxes other than those based on our net income. For EU customers, VAT will be added at the applicable rate, and reverse-charge rules will apply where relevant.

5.4 Refunds

Subscription fees are non-refundable, except:

• Where required by applicable consumer protection law.
• At our discretion, in cases where the service was materially unavailable for an extended period.

5.5 Failed payments

If a payment fails, we'll attempt to charge again and notify you. If payment isn't successful within 14 days, we may downgrade your account to the free plan or suspend access until payment is resolved. Submissions received during a suspension period may be queued or rejected.

5.6 Plan limits and overages

Each plan has submission limits, form counts, and other quotas as described on our pricing page. If you exceed plan limits, we may queue submissions, reject them, or suggest you upgrade. We won't charge you for overages without your explicit consent — overages require a plan upgrade.

6. Service availability

We aim for high availability but don't guarantee uninterrupted service. The service is provided on an "as-is" and "as-available" basis. We may need to perform maintenance, address security issues, or respond to incidents in ways that affect availability.

We don't currently offer a contractual SLA on the standard plans. Custom SLAs are available for enterprise arrangements — contact us at sales@formwire.app.

7. Intellectual property

7.1 Our IP

FormWire, including the dashboard, software, design, documentation, and brand, is owned by us and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the service in accordance with these Terms while your account is active. Nothing in these Terms transfers any IP rights to you.

7.2 Feedback

If you send us feedback, suggestions, or feature requests, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you. We won't use your name in connection with feedback without your permission.

8. Termination

8.1 By you

You may terminate your account at any time from your account settings. Termination takes effect at the end of your current billing period — we don't pro-rate refunds for partial periods.

8.2 By us

We may suspend or terminate your account if:

• You materially breach these Terms and don't cure the breach within 14 days of written notice (where the breach is curable).
• You breach Section 3 (Acceptable Use) in ways that we determine pose risk to the service, other users, or third parties — in which case we may act immediately.
• You haven't logged in or had any activity on your account for 12 consecutive months on the free plan.
• We're required to do so by law or court order.
• We discontinue the service entirely, with at least 60 days' notice to active customers.

8.3 Effect of termination

On termination, your right to use the service ends. We'll provide you with a reasonable opportunity to export your Customer Data before deletion (see Section 4.4). Provisions that by their nature survive termination — including IP, liability limitations, indemnification, and dispute resolution — survive.

9. Warranties and disclaimers

To the maximum extent permitted by law, the service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the service will be uninterrupted, secure, or error-free.

We don't warrant that spam filtering will catch all spam, that all webhooks will deliver successfully, or that the service is suitable for any specific use case (including any use case requiring high reliability, such as life-safety, medical, financial, or critical infrastructure applications).

10. Limitation of liability

To the maximum extent permitted by law:

• Neither party will be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill, even if advised of the possibility.
• Our total aggregate liability arising out of or relating to these Terms or the service, regardless of legal theory, will not exceed the greater of (a) the amount you paid us in the 12 months preceding the event giving rise to the claim, or (b) €100.

These limitations don't apply to:

• Liability that cannot be limited by applicable law (e.g., gross negligence, intentional misconduct, death or personal injury caused by negligence under Dutch law).
• Your payment obligations.
• Either party's indemnification obligations.

11. Indemnification

You agree to indemnify and hold harmless FormWire, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the service in violation of these Terms or applicable law.
• Customer Data you collect or process through the service, including claims by data subjects.
• Your breach of any representations or obligations to data subjects, including failure to provide required notices or obtain required consents.
• Your infringement of third-party rights.

We'll notify you promptly of any claim, give you reasonable control over the defense, and cooperate at your expense.

12. Changes to these Terms

We may update these Terms from time to time. For material changes, we'll give at least 30 days' notice via email or in-app notification before they take effect. Continued use after the effective date constitutes acceptance.

If you don't agree with the updated Terms, you may terminate your account before they take effect. The "Last updated" date at the top of this document indicates when the current version became effective.

13. Governing law and disputes

These Terms are governed by the laws of the Netherlands, without regard to its conflict of laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

Any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the competent courts of Amsterdam, the Netherlands. EU consumers retain the right to bring proceedings in their country of residence as required by applicable consumer protection law.

EU consumers may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

14. General

14.1 Entire agreement

These Terms, together with our Privacy Policy and any DPA, constitute the entire agreement between you and FormWire regarding the service.

14.2 Assignment

You may not assign these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

14.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.

14.4 No waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

14.5 Force majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, government action, internet outages, or third-party service provider failures.

14.6 Notices

We may send notices to you via email to the address on your account or through in-app notification. Notices to us should be sent to legal@formwire.app or by post to our registered office.

14.7 Language

These Terms are written in English. Translations are provided for convenience only — the English version controls in case of conflict.

Contact

Questions about these Terms? Contact us at legal@formwire.app.