Terms of service.

01 — Acceptance of Terms

By accessing or using WittyForm's website, platform, applications, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately discontinue use of the Services.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and WittyForm ("we," "us," or "our"). You must be at least 18 years of age to use the Services. If you are under 18, you may only use the Services with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

By creating an account or using the Services, you represent and warrant that you have the legal capacity and authority to enter into these Terms.

02 — Description of Service

WittyForm is a cloud-based form and quiz builder platform that enables users to create, distribute, and analyze online forms, surveys, and quizzes. Our Services include, but are not limited to:

• AI-powered form generation and field suggestions
• Drag-and-drop form builder with 40+ field types
• Quiz creation with scoring, leaderboards, and certificates
• Response collection, analytics, and reporting dashboards
• CRM integration for contact and deal management
• Third-party integrations including Google Sheets, Slack, and webhooks
• Custom domain hosting and white-label branding
• API access for programmatic form management
• Team collaboration and workspace features

We reserve the right to modify, update, or discontinue any part of the Services at any time, with or without notice. We will make reasonable efforts to notify users of material changes that affect their use of the platform.

03 — Account Registration

To access certain features of the Services, you must register for an account. When creating and maintaining your account, you agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the confidentiality and security of your password and login credentials
• Accept full responsibility for all activities that occur under your account
• Immediately notify WittyForm of any unauthorized access or use of your account
• Not create more than one personal account or create an account on behalf of another person without their permission

Each individual is permitted one account. Creating multiple accounts to circumvent service limits, abuse free tiers, or engage in any deceptive practice is strictly prohibited and may result in immediate termination of all associated accounts.

WittyForm reserves the right to suspend or terminate any account that violates these Terms, at our sole discretion and without prior notice.

04 — User Content

You retain full ownership of all content you create, upload, submit, or transmit through the Services, including form designs, quiz configurations, response data, media files, and any other materials ("User Content").

By using the Services, you grant WittyForm a worldwide, non-exclusive, royalty-free, and limited license to host, store, display, reproduce, and transmit your User Content solely for the purpose of operating, maintaining, and providing the Services to you. This license terminates when you delete your User Content or close your account, except where copies are retained in backup systems for a reasonable period.

You are solely responsible for your User Content and represent and warrant that:

• You own all rights to, or have obtained all necessary permissions for, the User Content
• Your User Content does not infringe upon the intellectual property, privacy, or other rights of any third party
• Your User Content complies with all applicable local, state, national, and international laws and regulations
• Your User Content does not contain unlawful, defamatory, obscene, or otherwise objectionable material

Response data collected through your forms is your property. WittyForm acts as a data processor on your behalf and will not access, use, or share your response data except as necessary to provide the Services or as required by law.

05 — Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. The following activities are strictly prohibited:

• Sending spam, unsolicited bulk messages, or phishing communications through forms created on the platform
• Distributing malware, viruses, trojans, or any other malicious or harmful code
• Creating forms designed to deceive, defraud, or phish for sensitive information such as passwords, social security numbers, or financial data under false pretenses
• Collecting personal data from minors without verifiable parental consent in compliance with COPPA and equivalent regulations
• Hosting or distributing illegal content, including but not limited to content that promotes violence, discrimination, or illegal activities
• Scraping, crawling, or using automated means to access the Services without express written permission
• Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of the platform
• Deliberately overloading, disrupting, or interfering with the Services, servers, or networks connected to the Services
• Circumventing rate limits, usage quotas, or other technical restrictions
• Reselling or redistributing the Services without authorization
• Impersonating any person or entity, or falsely claiming affiliation with any person or entity

Violation of these terms may result in immediate suspension or termination of your account, and WittyForm reserves the right to report illegal activities to the appropriate law enforcement authorities. See our Fair Usage Policy for detailed usage guidelines.

06 — Subscription & Payment

WittyForm offers both free and paid subscription plans. By subscribing to a paid plan, you agree to the following terms:

Free Tier: WittyForm provides a free plan with limited features, including up to 5 forms, 3 quizzes, 10 fields per form, 100 responses per month, 30-day response retention, 5 MB file uploads, 100 MB storage, 3 AI generations per day, CSV export only, 1 team member, and 1 workspace.

Pro Plan ($37 one-time lifetime): The Pro plan is available as a one-time lifetime purchase for $37, granting permanent access to unlimited forms, quizzes, and fields, unlimited responses, 365-day retention, 25 MB file uploads, 1 GB storage, 30 AI generations per day, CSV/XLSX/PDF/JSON export, 10 team members, 3 workspaces, custom domains, white-label branding, 30 webhooks, CRM with 1,000 contacts and 500 deals, conditional logic, and scheduling.

Enterprise Plan ($117 one-time lifetime): The Enterprise plan is available as a one-time lifetime purchase for $117 and includes everything unlimited with 100 MB uploads, 2 GB storage, A/B testing, offline mode, and brand profiles.

Price Changes: We may modify our pricing with at least 30 days' advance notice. Continued use of the Services after a price change takes effect constitutes acceptance of the new pricing. Existing annual subscriptions will not be affected until their renewal date.

Refund Policy: We offer a 14-day money-back guarantee for new paid subscriptions. If you are not satisfied with the Services within the first 14 days of your initial purchase, you may request a full refund by contacting [email protected]. Refunds after the 14-day period are issued at our sole discretion. Lifetime deal refunds follow the same 14-day policy from the date of purchase.

Cancellation: You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period.

07 — Intellectual Property

The WittyForm platform, including its brand name, logo, visual design, user interface, source code, algorithms, documentation, and all associated intellectual property, are the exclusive property of WittyForm and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Copy, reproduce, modify, adapt, or create derivative works of the Services or any part thereof
• Use WittyForm's trademarks, logos, or brand elements without prior written consent
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the platform
• Remove, alter, or obscure any copyright notices, trademark notices, or other proprietary rights notices

User-Created Content: Templates, forms, quizzes, and other content you create using the Services belong to you. You may export, share, and use your created content as you see fit, subject to these Terms.

Third-Party Content: The Services may contain links to, or integrations with, third-party services. Such third-party content is subject to the respective third party's terms and policies.

08 — API Usage

WittyForm provides API access to enable programmatic interaction with the platform. Use of the API is subject to the following conditions:

• API access is available on paid plans only and is subject to rate limits as specified in our API documentation
• API keys are confidential credentials. You are responsible for safeguarding your API keys and must not share them publicly, embed them in client-side code, or expose them in version control repositories
• You must not use the API to build a competing service, replicate core WittyForm functionality, or redistribute API access to unauthorized third parties
• Automated requests must include proper identification via User-Agent headers
• WittyForm reserves the right to throttle, suspend, or revoke API access for any account that engages in abusive, excessive, or unauthorized usage patterns

API rate limits and quotas are enforced per account and may vary by subscription tier. Exceeding rate limits will result in temporary throttling. Persistent abuse may result in permanent API access revocation.

WittyForm may modify the API, deprecate endpoints, or change rate limits with reasonable notice. We will make best efforts to maintain backward compatibility and provide migration guidance for breaking changes.

09 — Privacy & Data Protection

Your privacy is critically important to us. The collection, use, and handling of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

GDPR Compliance: WittyForm is committed to compliance with the General Data Protection Regulation (GDPR) for users in the European Economic Area (EEA). We act as a data processor when handling form response data on your behalf, and as a data controller for account and usage information.

Your rights under GDPR include the right to access, rectify, erase, restrict processing, data portability, and object to processing of your personal data. To exercise these rights, contact [email protected].

Data Processing Agreement: Enterprise customers may request a Data Processing Agreement that outlines the specific terms of data processing, security measures, sub-processor disclosures, and breach notification procedures.

Google Maps features: Forms may include Google Maps features and content, including address suggestions, address validation, place-type detection, routes, and distance calculations. Your use of those features is subject to the then-current Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy. Workspace owners who configure a Google Maps Platform API key are also responsible for complying with the Google Maps Platform Terms and applicable service-specific terms, including preserving all required Google attribution.

Data Location: User data is stored on secure servers with encryption in transit (TLS 1.3). We implement industry-standard security measures to protect against unauthorized access, alteration, disclosure, or destruction of your data.

10 — Limitation of Liability

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITTYFORM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITTYFORM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR REVENUE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

IN NO EVENT SHALL WITTYFORM'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO WITTYFORM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11 — Termination

Either party may terminate this agreement at any time, subject to the following conditions:

Termination by You: You may terminate your account at any time by navigating to your account settings and selecting the option to delete your account, or by contacting [email protected]. Upon self-initiated termination, your subscription will remain active until the end of the current billing period.

Termination by WittyForm: We reserve the right to suspend or terminate your account immediately, without prior notice, if we reasonably believe that:

• You have violated these Terms of Service or any applicable law
• Your account has been used for fraudulent, abusive, or illegal activities
• Your continued use poses a security risk to the Services or other users
• You have failed to pay applicable fees after reasonable notice

Data Export: Upon termination or account deletion, you will have 30 calendar days to export your data, including forms, responses, and account information, using the built-in export tools or API. After the 30-day period, your data will be permanently deleted from our active systems. Residual copies in encrypted backups may persist for up to 90 days before being purged.

Survival: Sections relating to Intellectual Property, Limitation of Liability, Indemnification, and General Provisions shall survive termination of these Terms.

12 — General Provisions

Governing Law: 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 provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Wilmington, Delaware.

Dispute Resolution: Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting [email protected]. If the dispute is not resolved within 30 days, either party may pursue formal resolution. For claims under $10,000, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA).

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and WittyForm regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

No Waiver: The failure of WittyForm to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by WittyForm.

Assignment: You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. WittyForm may assign these Terms without restriction.

Force Majeure: WittyForm shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, internet outages, or government actions.