Terms of Service

1. Acceptance

These Terms of Service (“Terms”) form a binding agreement between you (“you”, “Customer”) and W3Forms (“W3Forms”, “we”, “us”) governing your access to and use of the W3Forms service available at https://w3forms.com and the API at https://api.w3forms.com (collectively, the “Service”). By creating an account, accessing the Service, or sending any submission to our API, you agree to these Terms. If you do not agree, you must not use the Service.

2. Service Description

W3Forms provides a hosted form backend. You point HTML forms at our API endpoint and we handle submission storage, email notifications, webhook delivery, and spam protection on your behalf. The Service is provided on an “as is” and “as available” basis subject to these Terms. We continuously work to improve reliability and features and may evolve the Service over time.

3. Eligibility and Accounts

You must be at least 16 years old (or the age of digital consent in your jurisdiction, whichever is higher) and legally capable of entering into a binding contract to use the Service. If you accept these Terms on behalf of an organization, you represent that you have the authority to bind that organization.

You must provide a valid email address and verify it before using the Service. You are responsible for maintaining the security of your account credentials, access keys, and webhook secrets, and for all activity that occurs under your account. Notify us immediately at support@w3forms.com if you suspect unauthorized access. We are not liable for any loss arising from unauthorized use of your account before you notify us.

4. Acceptable Use

You agree not to use the Service to:

• Send spam, unsolicited bulk messages, or content that violates the CAN-SPAM Act or similar law.
• Collect personal data without proper legal basis or consent from the people submitting your forms.
• Transmit malicious content, malware, ransomware, viruses, phishing attempts, or any code designed to harm users or systems.
• Circumvent rate limits, abuse-prevention measures, or any technical restrictions of the Service (including artificially fragmenting forms across multiple accounts to bypass plan limits).
• Reverse engineer, decompile, or attempt to derive source code from the Service, except to the extent permitted by mandatory law.
• Use the Service for any illegal purpose or in violation of applicable export controls and sanctions.
• Generate, store, or transmit content that infringes the intellectual property, privacy, or publicity rights of any third party.
• Use the Service to host or proxy content of a sexually exploitative nature involving minors, content that incites violence, or content that promotes terrorism.
• Probe, scan, or test the vulnerability of the Service except as part of a coordinated disclosure under our security policy.

We reserve the right to suspend or terminate accounts that violate these Terms, with or without notice depending on the severity of the violation. We will use reasonable efforts to notify you in non-emergency cases.

5. Data Ownership

You own your data. Form submissions collected through your forms belong to you. We act as a data processor on your behalf with respect to those submissions and process them only on your documented instructions. We do not claim ownership over any content submitted through your forms and we do not use that content to train machine learning models.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, and display your data solely as necessary to provide the Service to you. This license terminates when you delete the data or your account.

You are solely responsible for ensuring that your use of the Service complies with applicable data protection laws (including GDPR, UK GDPR, CCPA/CPRA, LGPD, and PIPEDA) and that you have appropriate consent or another lawful basis for processing the personal data of your form visitors. See our Privacy Policy for the controller/processor split.

6. Plans, Limits, and Billing

Each plan has defined submission and form limits, listed on the Pricing page. When you exceed your plan's monthly submission limit, new submissions are rejected with a 400 error until the next billing cycle. You can upgrade your plan at any time, and the new limits take effect immediately. Submissions classified as spam still count toward your monthly quota.

Paid plans are billed monthly in advance via Stripe. Subscriptions renew automatically until canceled. You may cancel at any time from the dashboard, and your plan remains active until the end of the current billing period. We do not provide partial refunds for unused periods of monthly subscriptions; we may, at our discretion, refund recently charged periods if you cancel within 7 days of a renewal and have not exceeded the equivalent free-tier usage during that period.

We may change pricing for paid plans with at least 30 days' notice via email. Pricing changes take effect at the start of your next billing period after the notice expires.

All fees are stated exclusive of taxes. You are responsible for any applicable sales, use, value-added, withholding, or similar taxes.

7. Service Level

We target 99.9% monthly uptime for the submission API. This excludes:

• Scheduled maintenance windows announced at least 24 hours in advance.
• Outages caused by upstream providers (Cloudflare, Amazon Web Services, Stripe, Railway, Neon, Upstash) outside our reasonable control.
• Outages caused by your misconfiguration, your code, or your third-party integrations.
• Force-majeure events.

If we fail to meet the 99.9% target in any calendar month, paid customers may request a service credit equal to 10% of that month's subscription fee for each full percentage point below target, up to a maximum of one full month's fee. Credits must be requested within 30 days of the affected month by emailing support@w3forms.com and are applied to future invoices. Credits are your sole and exclusive remedy for SLA misses.

8. Intellectual Property

The Service, including the software, design, branding, and documentation, is owned by W3Forms and protected by intellectual property laws. Nothing in these Terms transfers ownership of the Service to you. You may not copy, modify, or create derivative works based on the Service except as expressly permitted by these Terms.

9. Confidentiality

Each party agrees to protect the other's confidential information with at least the same degree of care it uses for its own confidential information of similar sensitivity (and in no event less than reasonable care), and to use it only to perform under these Terms. Confidential information does not include information that is publicly available, independently developed without reference to the other party's confidential information, or required to be disclosed by law.

10. Warranties and Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND 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, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

11. Indemnification

You will defend, indemnify, and hold W3Forms (and our officers, directors, employees, and agents) harmless from any third-party claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of (a) your use of the Service in violation of these Terms or applicable law, (b) the content of your forms or submissions, or (c) your infringement of any third-party right. We will defend, indemnify, and hold you harmless from any third-party claim that the Service, when used in accordance with these Terms, infringes that party's patent, copyright, or trademark.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST REVENUES, OR LOST DATA) ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR LIABILITY ARISING FROM A PARTY'S INDEMNIFICATION OBLIGATIONS, WILLFUL MISCONDUCT, OR FRAUD, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO W3FORMS IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100 USD.

13. Termination

You may terminate your account at any time from the dashboard. Upon termination, all your data (forms, submissions, access keys, file attachments) will be permanently deleted within 30 days, subject to backup-rollover schedules described in our Privacy Policy.

We may terminate or suspend your account if you materially breach these Terms, with or without notice depending on severity. We will use reasonable efforts to notify you in non-emergency cases. Sections 5 (Data Ownership), 8 (Intellectual Property), 10 (Disclaimers), 11 (Indemnification), 12 (Limitation of Liability), 14 (Governing Law and Disputes), and 15 (General) survive termination.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. Any dispute arising out of or related to these Terms will be brought exclusively in the state or federal courts located in Delaware, and each party irrevocably submits to the personal jurisdiction of those courts.

Before initiating a formal dispute, the parties will attempt in good faith to resolve the dispute through written notice and at least 30 days of negotiation between authorized representatives.

15. General

• Entire agreement. These Terms, together with our Privacy Policy and any order forms or DPAs we sign with you, constitute the entire agreement and supersede prior agreements on the same subject.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
• No waiver. A failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of substantially all of our assets.
• Notices. Notices to you may be sent to the email on file for your account. Notices to W3Forms must be sent to support@w3forms.com.
• Force majeure. Neither party is liable for failure or delay caused by events beyond reasonable control.

16. Changes to Terms

We may update these Terms from time to time. We will notify registered users by email of material changes at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may cancel your subscription.

17. Contact

Questions about these Terms? Contact us at support@w3forms.com.