Terms of Service for Formulific

Last Updated: May 21, 2025

Welcome to Formulific! These Terms of Service ("Terms", "ToS") govern your use of the Formulific website, platform, and services (collectively, the "Service") operated by Aethilla LLC ("Formulific", "us", "we", or "our").

Please read these Terms carefully before using our Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Definitions

  • Service: The Formulific website, applications, platform, and content provided by Formulific. This includes but is not limited to the form builder, submission management dashboard, analytics tools, external form connection capabilities, and the Partner Program.
  • User ("you"): Any individual or entity who accesses or uses the Service. This includes Direct Clients who sign up for Formulific, Partner Agencies, and End-Users who interact with forms created using the Service.
  • Direct Client: A User who signs up directly with Formulific to use the Service for their own purposes.
  • Partner Agency (or "Partner"): A User, typically a web design agency, marketing firm, or consultant, who signs up for the Formulific Partner Program to use, manage, or resell the Service to their own clients.
  • End-User: An individual who interacts with or submits data to a form created by a Direct Client or a Partner Agency using the Service.
  • User Account (or "Account"): The account created by a User to access and use the Service.
  • Content: Includes text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Service.
  • User Content: Any Content that Users (including Direct Clients and Partner Agencies) provide to be made available through the Service. This includes form designs, data collected through forms, and profile information.
  • Form Data: Data submitted by End-Users through forms created using the Service. The Direct Client or Partner Agency who created the form is the controller of this Form Data.
  • Intellectual Property Rights: All patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

2. Acceptance of Terms

By creating an Account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that entity’s behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that entity).

If you do not agree to these Terms, you must not access or use the Service.

3. Description of Service

Formulific provides a comprehensive online form building and data management platform. Key features include:

  • An intuitive drag-and-drop form builder with various field types.
  • Secure storage and management of form submissions.
  • Analytics and reporting on form performance.
  • Options to embed forms on websites or share direct links.
  • Capability to connect and manage submissions from external HTML forms.
  • User account management, including profile settings, password changes, and API key generation.
  • SMS notifications for new form submissions and two-factor authentication (2FA).
  • A Partner Program allowing agencies to manage forms for their clients, earn commissions, and request invoicing setups.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice to you. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

4. User Accounts

4.1. Account Creation and Registration

To access most features of the Service, you must register for an Account. When you register, you agree to provide accurate, current, and complete information. You are responsible for maintaining the accuracy of this information.

Account creation typically requires a valid Product Code, email address, full name, and a verified phone number for SMS verification. Partners applying for the Partner Program will provide additional business information.

4.2. Account Responsibilities

You are solely responsible for maintaining the confidentiality of your Account login information (including your password) and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. Formulific will not be liable for any loss or damage arising from your failure to comply with this security obligation.

4.3. Account Security

Formulific uses measures such as password hashing (bcrypt) to protect your account credentials. We may offer Two-Factor Authentication (2FA) via SMS for enhanced security. You are encouraged to use strong passwords and enable 2FA if available.

5. User Responsibilities and Conduct

5.1. Acceptable Use

You agree not to use the Service for any purpose that is illegal or prohibited by these Terms, or any other purpose not reasonably intended by Formulific. Prohibited activities include, but are not limited to:

  • Creating forms that are deceptive, malicious, or violate any applicable laws (e.g., phishing, collecting sensitive information without consent or proper security measures).
  • Transmitting any worms, viruses, or any code of a destructive nature.
  • Interfering with or disrupting the integrity or performance of the Service or the data contained therein.
  • Attempting to gain unauthorized access to the Service or its related systems or networks.
  • Using the Service to send spam or unsolicited messages.
  • Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

5.2. Compliance with Laws

You are responsible for complying with all applicable laws, rules, and regulations in connection with your use of the Service, including but not limited to data privacy laws (e.g., GDPR, CCPA) regarding the collection and processing of Personal Data through forms you create.

5.3. Responsibility for Form Content and Data Collection

As a Direct Client or Partner Agency creating forms, you are solely responsible for:

  • The content and structure of your forms.
  • Ensuring that you have the necessary rights, consents, and permissions to collect, store, and process any data submitted through your forms, including Personal Data of End-Users.
  • Providing your own privacy notices and terms to End-Users regarding the data you collect through Formulific forms.
  • The accuracy, quality, integrity, legality, reliability, and appropriateness of Form Data.

Formulific acts as a data processor for the Form Data you collect, and you act as the data controller. Refer to our Privacy Policy for more details on data handling.

6. Fees, Payments, and Subscriptions

6.1. Subscription Plans and Fees

Certain features of the Service may be subject to payment of fees as per our current pricing plans, which will be detailed on our website or through a specific agreement. All fees are exclusive of applicable taxes unless stated otherwise.

6.2. Payment Processing

We use third-party payment processors (e.g., Stripe) to handle payments. By providing payment information, you agree that we may authorize our payment processor to charge your payment method for the fees due. You are responsible for providing complete and accurate billing and contact information and for updating this information promptly.

6.3. Subscription Term and Renewal

Subscriptions may be offered on a recurring basis (e.g., monthly, annually) and will automatically renew for successive periods unless you cancel your subscription or we terminate it. You can manage your subscription through your Account settings or by contacting us.

6.4. Payment Failures

If your payment fails (e.g., due to an expired card or insufficient funds), your access to paid features of the Service may be suspended or limited until payment is successfully processed. We will typically notify you of payment issues.

6.5. Refunds

Refund policies, if any, will be specified at the time of purchase or in a separate agreement. Generally, fees paid for the Service are non-refundable except as required by law or as explicitly stated in our refund policy.

7. Partner Program

7.1. Eligibility and Application

Our Partner Program allows eligible entities (e.g., web design agencies, consultants) to offer Formulific services to their clients. Application for the Partner Program is subject to our review and approval.

7.2. Partner Responsibilities

Partners are responsible for:

  • Truthfully representing Formulific services to their clients.
  • Managing their client relationships and providing first-level support where agreed.
  • Adhering to all terms of the Partner Agreement (if separate) and these ToS.
  • Submitting accurate client information for invoicing setups via the Partner Dashboard.
  • Using Client Access Codes responsibly if provided by clients for account management.

7.3. Commissions and Payouts

Partners may be eligible for commissions on client subscriptions they generate, as per the terms outlined in the Partner Program and their Partner Dashboard. Commissions are typically processed via Stripe Connect, and Partners are responsible for maintaining an active and compliant Stripe Connect account for payouts. Payout schedules and minimums will be detailed in the Partner Dashboard or agreement.

7.4. Client Form Management

Partners can create and manage forms for their clients. Staged forms can be prepared and then transferred to clients using Initialization Codes. Partners can also view test submissions for forms they manage for clients.

8. Intellectual Property

8.1. Formulific IP

The Service and all its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Formulific (Aethilla LLC) and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Formulific.

8.2. User Content and Form Data Ownership

You (Direct Client or Partner Agency) retain all ownership rights to your User Content, including the design of forms you create and any content you place within them. You also retain ownership of the Form Data collected through your forms. However, by using the Service, you grant Formulific a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content and Form Data solely for the purposes of operating, providing, improving, and promoting the Service, and as otherwise permitted by our Privacy Policy.

8.3. Feedback

We welcome feedback, comments, and suggestions for improvements to the Service ("Feedback"). You can submit Feedback by emailing us or through designated channels. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

9. SMS Services

Formulific utilizes an SMS service for features such as Two-Factor Authentication (2FA) and notifications for new form submissions.

  • Verification Codes: 2FA codes sent via SMS are temporary and expire (typically within 5 minutes).
  • Notification Content: If you enable SMS notifications for form submissions, the content of the SMS may include form titles or snippets of submitted data as configured by you.
  • Carrier Charges: Standard messaging rates from your mobile carrier may apply to SMS messages received from Formulific. Formulific is not responsible for these charges.
  • Service Availability: SMS delivery is subject to the limitations and availability of mobile carrier networks and our third-party SMS providers (e.g., VOIP.ms). We cannot guarantee delivery or timeliness of SMS messages.

10. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FORMULIFIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FORMULIFIC MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FORMULIFIC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FORMULIFIC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL FORMULIFIC'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNTS PAID BY YOU TO FORMULIFIC FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless Formulific and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Service; (ii) your User Content or Form Data; or (iii) your violation of these Terms.

13. Termination

13.1. Termination by You

You may terminate your Account at any time by following the procedures within the Service (e.g., via Account Settings) or by contacting us. Termination may result in the deletion of your Account and User Content, subject to our data retention policies.

13.2. Termination by Formulific

We may suspend or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Grounds for such termination may include, but are not limited to, (a) a breach of these Terms, (b) a request by law enforcement or other government agencies, (c) discontinuance or material modification of the Service, or (d) unexpected technical or security issues or problems. If your account is terminated due to non-payment, you may be able to restore access by updating your payment information.

13.3. Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Houston, Texas, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

16. Contact Information

If you have any questions about these Terms, please contact us:

  • By email: [email protected]
  • By mail: Aethilla LLC, [Your Company's Mailing Address - e.g., 123 Main St, Houston, TX 77002, USA]