Terms Of Use

These Terms Of Use (“Terms”) apply to all subscriptions of the oneform form-building platform (the “Platform”), and to all parties who visit the oneform website (“Website”) at oneform.one, As used in these Terms, “You” and “you” includes all such parties, whether they are acting on their own behalf, or on behalf of or as part of a company or other entity.

By visiting the Website or using the Platform, you are representing and affirming that you have read, understand, and agreed that you are bound by these Terms, and of legal age to accept and agree to these Terms. If you do not agree to these Terms, you are not permitted to use the oneform Platform.

The terms “we”, “us” and “our” used below refer to oneform.

1. Who May Use the Platform / Subscriptions Except for the free version of the oneform Platform, full access to 100% of the platform’s functionality requires a paid subscription. If your subscription is not renewed or if payment cannot be processed, your account will be downgraded to the free subscription plan.

You agree to use the Platform only as permitted in these Terms.

2. Use Restrictions You accept and assume sole responsibility for your use of the Platform.

You may not share your log-in info/credentials or otherwise allow anyone else to use them to access the Platform.

You agree that you will always comply with all applicable laws in connection with your use of the Platform. This means not violating any applicable law, legal right or protection, including but not limited to third parties’ privacy rights and intellectual property rights.

The Platform may NOT be used for, or in connection with any of the following, any or all of which may result in your account being temporarily suspended or permanently terminated, at our sole discretion:

• Email solicitation, Mass Emailing, Spamming, Phishing, and the like
• Violating anyone’s privacy rights
• Financial/monetary fraud or schemes
• Computer fraud or other computer crimes
• Defamation, discrimination, or harassment
• Funding, encouraging, or facilitating any criminal or other illegal activities
• Promoting, encouraging, or requesting any form of violence or harm to anyone
• Collecting any of the following: credit card information, highly-sensitive information such as log-in credentials for other sites or platforms
• Forms that include fields for the submitter to provide the personal information of any third party where the submitter does not have the permission of the third party to provide such information
• Promoting products or services on social media platforms or other websites where such actions violate the terms of use or community guidelines of such platforms or websites
• Including a third party’s copyrighted or trademarked content or trade secrets in your form(s) without that party’s permission
• Encouraging violence, bullying, or harm to others
• Gathering, collecting, or asking for or suggesting that form submitters provide pornographic or sexually explicit content, or promoting or encouraging prostitution or other activities involving the exchange of sexual services as part of any transaction
• Any other activity prohibited under these Terms or under applicable law
• You agree that we have the absolute and unconditional right to remove any form that we in our sole discretion believe is being used or may be used in connection with any of the above prohibited purposes or activities, whether such use is by you or others such as form submitters who may use your forms. In cases where we remove a form, we may at our sole discretion also disable your access to any past or future submissions to such forms.

You and your agents hereby forever release oneform from any and all responsibility for any and all wrongs and violations of our terms or of the law committed by you relating to your use of the Platform.

You agree not to reproduce, duplicate, reverse engineer, copy, sell, resell, or exploit for any commercial purposes the Platform or any portion thereof or the offer or sell the right to use the Platform.

3. Forms and Submissions You accept and have sole responsibility for the forms, tables, submission pages, and other content that you create or that is generated as you use the Platform.

You agree that you will not assert any copyright claim or other intellectual property claims or rights in forms you build or create using the Platform against oneform, and that you waive any such legal claims against oneform relating to such forms. This includes whole forms and parts of such forms.

4. Account Creation & Security You must provide a valid email address and any other information requested in order to fully complete the signup process and create a login. You may only create a separate login for as many Users as your current oneform plan allows. The sharing of your oneform Account login credentials is strictly prohibited. You are responsible for maintaining the security of each User’s account, username and password and for ensuring that each User associated with your oneform Account complies with these Terms. You may not access the oneform Platform through automated methods, such as using bots or computer code to call or ping the Platform or our website. If you require a multi-user plan, please contact oneform Enterprise for assistance.

5. Payments, Renewals, etc

   A. Payments. We charge sales taxes on subscriptions where we are required to do so under applicable law. No other taxes will be charged. You are responsible for payment of any and all taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties, that may be imposed on you by any governing authority in any jurisdiction in connection with your subscription.

oneform offers payments through third-party payment processors. By making payments to us for oneform services, you indicate that you have reviewed these Terms and the privacy policy of the payment processor that processes your payment to us.

If you use a credit card to pay for your oneform subscription, you represent and warrant that the credit card information you provide is correct and that you will promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, oneform may suspend or cancel your oneform subscription.

B. Automatic Renewal. For subscriptions, you will be billed in advance on a recurring, periodic basis. Your oneform subscription will automatically renew at the end of each billing cycle until you cancel your subscription or you downgrade to a free plan – see this page and the Billing section in your Account Settings. You may also send us a request to downgrade to the Starter plan here. Turning off auto-renew prevents your payment method from being charged at your next billing date, or if you pay by invoice, prevents your next invoice from being issued.

C. Upgrades/Downgrades. Upgrading your plan, such as going from a free plan to a started, pro, pro lifetime, will add or increase things like the included/allowed number of included forms, submissions, available space, storage, etc. Downgrading your plan will, as of your next billing date, result in a decrease of some or all of those elements and may cause you to lose forms and submissions. You can delete your account entirely by clicking “Delete My Account” on your Account Settings page.

D. We don’t offer refund for any payment done, more details here.

6. Use of Data You accept and agree that you have sole responsibility for the information, data, and content (collectively “Data”) you receive or collect from or in the forms that you create or use in connection with the Platform, and for what you do with that Data. You agree that oneform is not responsible for and does not own any of that Data.

You hereby authorize us to access, use and display Data for the purpose of and to the extent necessary to provide the Platform to you, customer support to you, to protect the Data, to protect our online and computer resources from unlawful cyberattacks, and to fulfill our legal obligations.

See our privacy policy for more info on how we gather, use, and disclose personal and private information to which we are given access in connection with our provision and operation of the Platform – including your personal information. We will not modify Data or your personal info, or sell or rent it to any other party.

7. Term and Termination You are permitted to use the Platform for the period of time for which you have paid us the required fees to use the Platform. You agree that we may immediately and permanently shut off your access to the Platform if you materially breach any provision of this Agreement.

8. No Warranties THE SERVICES ARE PROVIDED AS-IS. oneform DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

oneform is not liable for any loss or damage from your (or your Users’) failure to comply with these Terms. You are solely responsible for all Data posted to your account, and for Data you collect from form submissions, whether or not you personally posted, gathered, or received the Data.

oneform makes no warranties, representations, or assurances as to the actual qualifications of, or as to the work or advice of, any individual who has obtained a certificate from oneform Academy. If you choose to utilize or rely on any such person or entity with which they work to help you with the use of the oneform platform, you do so at your own risk.

9. Indemnification You agree that you will defend oneform against claims, including but not limited to lawsuits, brought by third parties against oneform arising out of your forms or your use of the Platform or your use, collection, or disclosure of Data; this includes but is not limited to claims that arise from your violation of these Terms or of the law or of another person or entity’s legal rights or of intellectual property rights such as copyright, trademark, or patent rights. You also agree to indemnify oneform against damages and costs (including reasonable attorneys’ fees and court costs) awarded by a court or other tribunal in favor of the claimant or in settlement of the claim. We will defend and indemnify you against third party lawsuits arising out of oneform’s violation of applicable law, and we reserve the right to settle such claims out of court, at our expense, without your approval.

10. Limitation of Liability
    EXCEPT AS IMPERMISSIBLE UNDER LAW, IN NO EVENT SHALL oneform’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING WHEN THE CLAIM AROSE.

oneform ACCEPTS NO LIABILITY FOR THE ACTIONS OF ANY THIRD PARTY YOU ENGAGE OR WORK WITH TO ASSIST OR HELP YOU WITH YOUR USE OF OUR PLATFORM OR FORMS.

“oneform” AS USED IN THIS SECTION 10 REFERS TO oneform AND ALL OF ITS RELATED AND AFFILIATED oneform COMPANIES.

11. Limitation on Types of Damages EXCEPT IF AND TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY OR ALL OF THE FOLLOWING TYPES OF DAMAGES, WHETHER ARISING AT COMMON LAW OR BY STATUTE: DAMAGES FOR LOST PROFITS, LOST TIME, LOST BUSINESS, OR LOST REVENUES, REIMBURSEMENT OF MONIES PAID BY YOU TO THIRD PARTIES TO HELP YOU USE OR LEARN TO USE THE PLATFORM OR TO DEAL WITH REAL OR PERCEIVED ISSUES WITH THE PLATFORM, FOR ANY FORM OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY DAMAGES ARISING FROM OUR DISPLAY OR USE OF FORMS IN WHOLE OR PART THAT YOU HAVE CREATED USING OUR THE PLATFORM, AS DESCRIBED IN SECTION 10 OF THESE TERMS, OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR OUR OPERATION OF THE PLATFORM, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

THE LIMITATIONS SET FORTH IN THIS SECTION 11 SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH CLAIMS ARE BROUGHT.

12. Other Provisions

A. Modifications To the Platform. oneform reserves the right to modify the Platform, and to stop offering the Platform, with or without notice to you. We always endeavor to improve the Platform, but we do not warrant or guarantee that any particular features or functionality will always be available during the term of your use of the Platform. oneform shall not be liable to you or any third party for any such modifications or changes.

B. We will make various attempts to integrate with third-party services; however, if the third-party service is unavailable at the time, we do not guarantee the delivery of records to that service.

C. Form Availability. oneform makes no warranty that forms provided by the Platform or that you create will be available 100% of the time or that they will be error free. You are solely responsible for any issues, problems, or damage you experience because of a mistake or error you make in connection with creating or using a form or the Platform.

D. Other Email Communications. By giving your email address to oneform, you agree to receive occasional administrative, announcements, newsletters, sales, and marketing emails from oneform. You can opt out from these emails by clicking on the “unsubscribe” link at the end of the emails.

E. Trademarks / Use of oneform Links. You may not use or display the oneform trademark or logo without our written permission. If you include a link to a oneform website in your form(s): (a) the link(s) must not suggest or otherwise create the false appearance that oneform is affiliated with any person, entity, or product, or suggest that oneform otherwise endorses, sponsors or is affiliated with any such thing; (b) the appearance, position and other aspects of any oneform links may not be such as to damage or dilute the goodwill associated with the oneform name and trademarks; (c) all links to our websites must “point” to the URL “oneform.one and not to other pages within the Website; and (d) all links to the our websites, when clicked on from your form(s), must not display the website within a “frame” on the linking website, or any other website.

F. Assignment. You may not assign any or all of your rights or obligations under this Agreement without the prior written consent of oneform. If we do give our consent, you agree to ensure that the assignee agrees in writing to the terms of this Agreement.

G. Relationship of the parties; No Third-Party Beneficiaries. The parties hereto are independent entities. Nothing in this Agreement or any attachment hereto creates or will create any partnership, joint venture, agency, franchise, or employment relationship between the parties. There are no third-party beneficiaries to this Agreement.

H. Disputes / Arbitration. The parties agree that all disputes between them shall be finally resolved by binding arbitration before a single neutral arbitrator under the auspices of JAMS (www.jamsadr.com), in San Francisco, CA, or at another JAMS office location if ordered by JAMS or a court of competent jurisdiction; or under the auspices of the ICC (International Court of Arbitration) if the arbitration is filed outside the US in a country in which ICC has offices. Each party shall be entitled to take one deposition of the other party, conducted on a single day, lasting no more than eight hours. Each party shall be entitled to propound one set of document demands to the other party, consisting of no more than ten categories of documents, with no sub-parts. No other forms of discovery shall be allowed. The arbitrator shall give a written opinion stating the factual basis and legal reasoning for their decision. An arbitration award shall be enforceable in a court of competent jurisdiction. The parties agree that neither of them shall make a claim or demand in any arbitration between them for any form of injunctive relief or for the defense or indemnification or holding harmless of a party. In the event that a court or arbitrator of competent jurisdiction determines or rules that the dispute shall be decided in court rather than through arbitration, and for all non-arbitrable disputes, THE PARTIES HEREBY VOLUNTARILY WAIVE A TRIAL BY JURY OF ALL CLAIMS, CAUSES OF ACTION, AND DEFENSES.

I. Limitations Period. The parties agree that no claim shall be initiated or filed against the other party more than one year after the cause of action arises.

J. Manner of Giving Notice. Notices regarding this Agreement shall be in writing and addressed to us to [email protected].

K. Force Majeure. oneform shall not be liable to you for any delay or failure to perform hereunder (excluding payment obligations which may be delayed but not excused) due to circumstances our party’s reasonable control, including acts of God, acts of government, pandemic, flood, fire, earthquakes, civil unrest, acts of terror, labor strikes, service disruptions involving hardware, software or power systems not within such party’s reasonable control, and denial of service attacks.

L. Entire Agreement. This Agreement, together with the Attachments hereto, represents the entire agreement of the parties concerning the subject matter thereof and is intended to be the final expression of their parties’ agreement and intent. This Agreement supersedes all prior and contemporaneous agreements, proposals, and representations, whether written or oral. The parties agree that any terms or conditions stated or referenced in or on a document or documents other than this Agreement that contradict this Agreement are null and void. No amendment, addendum, or other document the intent of which is to add to or otherwise modify the Agreement, or waiver of any provision of the Agreement, shall be effective unless in writing and signed by both parties.

M. Severability; Construing; Counterparts. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect. The parties expressly agree that this Agreement shall not be construed against either party as the drafter. This Agreement may be executed in counterparts.

N. Effect of Termination. Upon the expiration of your subscription, or termination of this Agreement for any reason, you agree to cease all access to and use of the oneform Platform. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue the hosting of your forms and Data, and to delete Data pursuant to our internal policies.

O. Modifications To Terms. oneform may, in its sole and absolute discretion, modify these Terms from time to time. If you object to any such changes, your sole recourse shall be to cease using the oneform Platform. Continued use of the oneform Platform following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

P. Links. You acknowledge, understand, and agree that oneform does not endorse or bear any responsibility for any third party’s website, product, or service that we mention or link to on our website or in connection with the Platform.

In these terms, references to “oneform”, “we”, “us”, and “our” are references to the applicable oneform contracting entity, as set forth above.

Q. No Waiver / Headings / Survival of Terms. The failure of oneform to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of oneform and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Sections 2, 3, and 5-12 of these Terms shall survive and continue to apply notwithstanding a termination or expiration of your subscription or your access or use of the Platform.

R. Third Party Vendors. If, in your use of the Platform, you enable or use services or functionality from third parties not affiliated with oneform, such as integrations, you are giving your consent to the Platform and the third party provider performing all actions deemed necessary for the performance of service including but not exclusive to implementing vendor integration services into a live production environment without any additional authorization by you. oneform makes no warranties or representations whatsoever with regard to any such services, functionality, or merchandise provided by Third Party Vendors.