Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement between you (whether personally or on behalf of an entity) and [Your Legal Company Name] (doing business as "Formailo", "we", "us", or "our"), concerning your access to and use of the Formailo platform and services.

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the service.

2. Company Information

3. Description of Service

Formailo provides an interactive email forms platform that allows users to create and send forms via email with AMP technology and web fallback. Our service includes:

• Form builder and email form creation tools
• Email sending infrastructure via Amazon SES
• Response collection and analytics
• Team collaboration features (paid plans)
• API and webhook integrations (paid plans)

4. Account Registration and Eligibility

To use Formailo, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Provide accurate, current, and complete registration information
• Maintain the security of your account credentials
• Promptly update any changes to your account information
• Accept full responsibility for all activities under your account

You may not use Formailo if you have previously been banned or if you are prohibited from receiving services under applicable laws.

5. Acceptable Use Policy

You agree NOT to use Formailo for:

• Sending unsolicited bulk emails or spam
• Sending emails to purchased or scraped email lists
• Sending emails without prior recipient consent
• Phishing, fraud, or any illegal activities
• Distributing malware, viruses, or harmful code
• Violating any applicable laws or regulations (CAN-SPAM, GDPR, CASL, etc.)
• Infringing on intellectual property rights of others
• Harassing, threatening, or abusing others
• Impersonating any person or entity
• Interfering with the service or servers

6. Subscription Plans and Billing

Formailo offers free and paid subscription plans as described on our Pricing page. By subscribing to a paid plan, you agree to:

• Pay all fees associated with your selected plan
• Provide current, complete, and accurate billing information
• Authorize recurring charges to your payment method
• Pay applicable taxes calculated at checkout

Billing cycles are monthly or annual depending on your selection. Subscriptions automatically renew unless cancelled before the renewal date. We use Paddle as our Merchant of Record for payment processing.

7. Free Plan

Formailo offers a Free plan that is free forever — no credit card required and no time limit:

• Includes 100 emails per month, up to 3 forms, and 50 recipients per form
• Full per-recipient response tracking and CSV export of responses
• No payment details are required to create an account or use the Free plan
• You can upgrade to a paid plan (Pro or Team) at any time, and downgrade back to Free whenever you like
• Paid plans are billed monthly or annually and renew automatically until cancelled

8. Service Limits and Quotas

Each plan has specific usage limits including daily email sending limits, form limits, and feature access. Limits are described on our Pricing page. If you consistently exceed your plan limits, we may:

• Temporarily throttle your sending
• Require you to upgrade to a higher plan
• Suspend service for extreme overages

We monitor usage to protect our shared infrastructure and maintain service quality for all customers.

9. Data Ownership and Privacy

You retain all rights to your data including forms, responses, and customer information. We claim no ownership over your content. By using Formailo, you grant us permission to:

• Store and process your data to provide the service
• Use aggregated, anonymized data for analytics and improvements
• Share data with subprocessors (AWS, etc.) to operate the service

We handle your data according to our Privacy Policy. We will never sell your data to third parties.

10. Intellectual Property

The Formailo platform, including software, designs, logos, and documentation, is owned by Formailo and protected by intellectual property laws. You may not:

• Copy, modify, or distribute our software
• Reverse engineer or decompile our code
• Remove copyright or proprietary notices
• Use our trademarks without permission

You retain all rights to content you create using Formailo.

11. Email Deliverability and Sending Reputation

Formailo uses shared email infrastructure (Amazon SES). To protect deliverability for all customers:

• We monitor bounce rates and spam complaints
• We may suspend accounts with high bounce rates (>5%)
• We may suspend accounts receiving spam complaints
• We require domain verification and authentication (SPF, DKIM)
• We reserve the right to review and approve high-volume senders

You are responsible for maintaining clean email lists and following email best practices.

12. Service Availability and Support

We strive for 99.9% uptime but do not guarantee uninterrupted service. We may perform maintenance that temporarily affects availability. Support levels vary by plan:

13. Modifications to Service and Terms

We reserve the right to:

• Modify or discontinue features with reasonable notice
• Update these Terms with 30 days notice for material changes
• Change pricing for new customers (existing customers grandfathered for 12 months)
• Add or remove integrations and third-party services

Continued use after changes constitutes acceptance of updated Terms.

14. Cancellation and Termination

You may cancel your subscription at any time from your account settings. Upon cancellation:

• Your subscription remains active until the end of the current billing period
• No refunds for partial months/years except as stated in our Refund Policy
• You are downgraded to Free plan at the end of the billing period
• Your data is retained for 90 days, then permanently deleted

We may terminate or suspend your account immediately if you violate these Terms, engage in fraudulent activity, fail to pay fees owed, or create security or legal risk for us or other users.

15. Refund and Cancellation Policy

See our complete Refund Policy. In summary:

• 30-day money-back guarantee for new subscriptions
• Pro-rated refunds for annual plans (first 30 days)
• No refunds for monthly plans after 30 days
• Refunds processed within 5-10 business days

16. Limitation of Liability

17. Indemnification

You agree to indemnify and hold harmless Formailo, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of Formailo, your violation of these Terms, your violation of any laws or third-party rights, or content you send through our platform.

18. Governing Law and Dispute Resolution

These Terms are governed by applicable law without regard to conflict of law provisions. Any disputes shall be resolved through good faith negotiation first, binding arbitration if negotiation fails, and courts for equitable relief if necessary.

19. International Use

Formailo is operated globally. If you access from outside your jurisdiction, you are responsible for compliance with local laws. We make no representation that our service is appropriate or available in all locations.

20. Miscellaneous

• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• No Waiver: Our failure to enforce any right does not waive that right.
• Assignment: You may not assign these Terms. We may assign to any successor entity.
• Entire Agreement: These Terms, Privacy Policy, and Refund Policy constitute the entire agreement.

Contact Us

For questions about these Terms: