Terms & Conditions

From everyone at TheFastestForm, thank you for using our product! We build it to help you create beautiful, high-converting forms quickly and easily. Because we don't know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.

When we say "Company", "we", "our", or "us" in this document, we are referring to TheFastestForm.

When we say "Service", we mean our websites, including thefastestform.com, and any product created and maintained by TheFastestForm. That includes our form builder, analytics dashboard, and integrations, whether delivered within a web browser, desktop application, mobile application, or another format.

When we say "You" or "your", we are referring to the people or organizations that own an account with our Service.

We may update these Terms of Service ("Terms") in the future. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders.

When you use our Service, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

If you violate any of the Terms, we may terminate your account. That's a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are, how we work, and keeping an open door to your feedback.

Account Terms

1. You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend all users set up two-factor authentication for added security. In some cases, we may require it.
2. You may not use the Service for any purpose outlined in our Use Restrictions policy, and you may not permit any of your users to do so, either.
3. You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
4. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

Payment, Refunds, and Plan Changes

1. If you are using the free version of our Service during our Early Bird period, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Service — we do not sell your data.
2. For paid Service plans that we may introduce in the future, you need to pay in advance to keep using premium features. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation.
3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
5. We process refunds according to our Fair Refund policy: if you are ever unhappy with our Service for any reason during your first 30 days, we will happily refund 100% of your money.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. Within our Service, we provide a simple no-questions-asked cancellation process. You can find instructions for how to cancel your account in your account settings. An email or phone request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always contact our Support team.
2. All of your content will be inaccessible from the Service immediately upon account cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted. If you want to export any data before your account is canceled, you can do so from your account dashboard.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Service for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Service to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Service, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance.
5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

1. We make a promise to our customers to support our Service for the long term. That means when it comes to security, privacy, and customer support, we will continue to maintain the Service. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Service because we think it could be better or we decide to close new signups. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Service with or without notice.
2. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the Service itself.

Uptime, Security, and Privacy

1. Your use of the Service is at your sole risk. We provide this Service on an "as is" and "as available" basis. We do not offer service-level agreements but do take uptime of our application seriously.
2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Service. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.
4. When you use our Service, you entrust us with your data. We take that trust to heart. You agree that TheFastestForm may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
   • To help you with support requests you make. We'll ask for express consent before accessing your account.
   • On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue.
   • To safeguard TheFastestForm. We'll look at logs and metadata as part of our work to ensure the security of your data and the Service as a whole.
   • To the extent required by applicable law.
5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
6. Under the California Consumer Privacy Act ("CCPA"), TheFastestForm is a "service provider", not a "business" or "third party", with respect to your use of the Service. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms and the Privacy policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission.

Copyright and Content Ownership

1. All content posted on the Service must comply with U.S. copyright law.
2. You give us a limited license to use the content posted by you and your users in order to provide the Service to you, but we claim no ownership rights over those materials. All materials you submit to the Service remain yours.
3. We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
4. The Company or its licensors own all right, title, and interest in and to the Service, including all intellectual property rights therein, and you obtain no ownership rights in the Service as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of the Company.

13. Changes to Terms

We may modify these Terms at any time. We will notify users of material changes via:

• Updates to our website with the new effective date

Continued use of the Service after changes become effective constitutes acceptance of the new Terms.

Features and Bugs

1. We design our Service with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Service will meet your specific requirements or expectations.
2. We also test all of our features extensively before shipping them. As with any software, our Service inevitably has some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will be fixed.
3. From time to time, we may cease providing the Service or particular features of the Service to you or to users generally. We may not be able to provide you with advance notice. We assume no liability for the cessation of our Service.

API Terms

1. Customers may access their TheFastestForm account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product, is bound by these Terms plus the following specific terms:
   • You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
   • Abuse or excessively frequent requests to TheFastestForm via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account's access, we will attempt to warn the account owner first. If your API usage could or does cause downtime, we may cut off access without prior notice.

Liability

1. We mention liability throughout these Terms but to put it all in one section: You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Service, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
2. In other words: choosing to use our Service does mean you are making a bet on us. If the bet does not work out, that's on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our Service, thank you for betting on us.
3. If you have a question about any of these Terms, please contact our support team.

Contact Information

If you have any questions about these Terms of Service, please contact us at support@thefastestform.com.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TheFastestForm.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Attribution to great people: These terms are adapted from the Basecamp open-source policies which are licensed under Creative Commons Attribution 4.0.