Terms of Service & Master Subscription Agreement

1. Acceptance of Terms & Account Registration

By accessing, browsing, registering for, or using the Formtruck platform, APIs, software development kits (SDKs), documentation, or hosted endpoints (collectively, the “Services”), you (“Customer”, “User”, or “You”) agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy and Data Processing Agreement (DPA).

If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the legal authority to bind such entity to these Terms. You must be at least 18 years old or the age of legal majority in your jurisdiction to register for an account.

2. Acceptable Use Policy (AUP) & Prohibited Content

Formtruck provides developer infrastructure for receiving, routing, and processing inbound form submissions. You agree not to use the Services for any unlawful, abusive, or malicious purpose. Specifically, you agree NOT to:

• Phishing & Credential Harvesting: Deploy forms disguised as login portals, identity verification gateways, or financial institutions designed to deceive users into disclosing account passwords, 2FA codes, or security tokens.
• Cryptocurrency Secret Harvesting: Solicit, collect, store, or extract cryptocurrency private keys, mnemonic recovery seed phrases (12/24 words), keystore JSON files, or hardware wallet pin codes. Any submission containing such secrets is subject to automated quarantine and instant account suspension.
• Malicious Code & Exploits: Distribute malware, ransomware, viruses, worms, Trojan horses, or any file designed to compromise computer systems or exfiltrate private data.
• Unsolicited Spam & Harassment: Send unsolicited commercial email (spam) or use form webhooks to bombard, flood, or conduct Denial of Service (DoS) attacks on third-party endpoints.
• Unlawful Sensitive PII: Solicit full credit card PAN numbers or CVV codes without independent PCI-DSS Level 1 compliance, or solicit protected health data in violation of HIPAA without an executed BAA.

3. Service Level Agreement (SLA) & Infrastructure

Formtruck employs globally distributed edge infrastructure, redundant database clusters, and automated failover to provide high availability. For paid plan subscribers (Growth, Scale, Enterprise), Formtruck targets a monthly service uptime of 99.9% (“Target Availability”), excluding scheduled maintenance.

In the event of an unscheduled platform outage exceeding SLA limits, eligible paid customers may request service credits in accordance with our Enterprise SLA schedule. Service credits constitute your sole and exclusive remedy for any unavailability of the Services.

4. Subscription Plans, Billing & Cancellation

Formtruck offers both free tier plans and recurring paid subscription plans (billed monthly or annually in USD or local currency equivalents).

• Payment Processing: Payments are securely processed by authorized payment gateways (e.g. Flutterwave). You authorize Formtruck and its payment processors to charge your selected payment method on a recurring basis until cancellation.
• Quota & Overage Policy: Each subscription tier grants a monthly submission quota and bandwidth allocation. Submissions in excess of your active plan limit may be paused or rate-limited until plan upgrade or monthly quota renewal.
• Cancellation & Refunds: You may cancel your subscription at any time through your dashboard billing settings. Cancellation takes effect at the end of the current billing cycle. All paid fees are non-refundable except where required by applicable consumer law.

5. Customer Data Ownership & Intellectual Property

You retain 100% ownership of all form data, submission payloads, uploaded files, and intellectual property submitted through your endpoints (“Customer Data”). Formtruck claims no ownership rights over Customer Data.

You grant Formtruck a limited, non-exclusive, worldwide license to host, transmit, format, and store Customer Data solely to provide, maintain, and secure the Services on your behalf.

6. Disclaimer of Warranties

7. Limitation of Liability & Maximum Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORMTRUCK INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF REPUTATION) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.

FORMTRUCK'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO FORMTRUCK IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8. Indemnification

You agree to defend, indemnify, and hold harmless Formtruck Inc., its parent companies, subsidiaries, officers, agents, and employees from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your violation of these Terms or Acceptable Use Policy; (b) Customer Data ingested into your forms; or (c) your violation of any third-party right, including intellectual property or privacy rights.

9. Dispute Resolution, Governing Law & Class Action Waiver

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

Any dispute or claim arising out of or relating to this Agreement shall be resolved through confidential, binding individual arbitration administered by the American Arbitration Association (AAA). YOU AND FORMTRUCK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10. Contact Information & Legal Inquiries

For legal questions, formal notices, or terms inquiries, please reach out to our legal compliance department: