Terms & Conditions

Information on FormFinch VOF

The services of FormFinch are provided by FormFinch VOF, a Dutch company with its registered address at Uivernest 30D, 6852LD Huissen, VAT number NL857639390B01 and registered at the Chamber of Commerce of the Netherlands.

Access to FormFinch

These Terms & Conditions determine your use of the website of FormFinch VOF, located at https://www.formfinch.com, and the services that are made available through it (collectively, FormFinch), consisting of the creation of different types of online documents or forms, collecting submissions on those forms and where appropriate storage.

Please read these Terms & Conditions carefully, because by using FormFinch you are stating that you have read, understand and agree to be bound by these Terms & Conditions. If you do not agree with these Terms & Conditions, you are not allowed to use FormFinch.

Modifications To Terms & Conditions

FormFinch VOF retains the right to change these terms & conditions. We will notify you about these changes on our website and send you an in app message or email. If you object to any such changes your sole recourse shall be to cancel your FormFinch account. Continued use of FormFinch following any such changes shall indicate that you acknowledge and agree to those changes and are therefore bound by the changed Terms & Conditions.

Modifications To FormFinch

FormFinch VOF reserves the right to modify or discontinue FormFinch. Any major modifications and or termination will be communicated to you either by an in app notification, blog post on our site or email depending on the situation. FormFinch VOF shall not be liable to you or any third party should FormFinch exercise these rights.

Forms & Submissions

FormFinch VOF does not claim ownership of anything you create, submit or make available by using FormFinch. You own all rights to your forms and submission and therefore are solely responsible for all your form contents and data collected in the form as user submissions. This also includes, but is not limited to, international privacy and security regulations concerning the data you collect and/or share.

Automatic Renewal

FormFinch plans are subscriptions. For paid plans this means that you will be charged in advance on a recurring, periodic basis. Your FormFinch subscription will automatically renew at the end of each billing cycle until you delete your account on the account details page or subscribe to our free plan on the pricing page.

FormFinch also offers a trial which will last 30 days during which you have access to all functionality that is also available on our paid plans. After the trial plan expires you will automatically be converted to a free plan unless you change your subscription before the expiration date has been reached.

Credit Card Details

You guarantee that the credit card information you provide is correct and you shall promptly update your credit card information if there are any changes. You can do this yourself on the account details page within the application. You agree that if your credit card payment can’t be processed for any reason, FormFinch VOF may suspend, downgrade or cancel your FormFinch subscription

Downgrades

Please note that every plan has limitations that can influence your use of FormFinch. Most notably, but not restricted to, the amount of forms that can be published. FormFinch will automatically close any forms that are not within the range of the active limitation. This will also happen if you downgrade a paid subscription. In both cases we will notify you of the consequences but you can also compare subscription limitations on the pricing page.

FormFinch will never automatically delete your forms when a downgrade is performed, we will only close the forms which means they can’t receive any more submissions. Changing a subscription plan takes immediate effect. If possible we will automatically adjust the amount due from the following billing cycle(s) to match the time that remained on your previous subscription. If you rather receive a refund for the time you did not use because you terminated your account, please send a mail to support@formfinch.com and we will issue a refund within 14 days.

Spam, Scams, Phishing & Other Illegal Activities

You agree that FormFinch VOF may terminate your FormFinch account immediately if you use FormFinch for illegal activities including, but not limited to:

  • Using a form as the content or in a link of a unsolicited email.
  • Scamming or phishing purposes to attract, lure or illegally obtain information of any sort from others by unjustifiable means.
  • Break local, national or international laws
  • Using forms and/or content on them and submissions for promoting, selling, uploading, downloading, distributing or subscribing to illegal content, events or organisations.
  • Use or even try script injection or other hacking methods on FormFinch, or forms created with it, for any reason
  • Use forms, and/or content on them, to spread malicious code

FormFinch VOF respects the intellectual property rights of others and therefore we expect no less from you. Should we find that any user created a form which violates copyright law on an account, we will suspend account access to FormFinch. Depending on the circumstances FormFinch VOF will decide if the suspension can be lifted or if the account will be terminated.

Account Termination

You accept that FormFinch VOF may terminate your FormFinch account or suspend your access to all or part of FormFinch, without notice, if we determine that you are in violation of the Terms & Conditions. You also agree that FormFinch VOF shall not be liable to you or any third party for any damages or losses that may be the result of suspending or terminating your account.

You may discontinue your FormFinch subscription at any time by using the “delete account” function in the account details section of FormFinch. Account deletion will then take effect on the end of the billing cycle.

No Resale of FormFinch

You agree not to sell, resell, copy, duplicate or exploit for any commercial purpose any portion (except for your submissions, which are your property) of FormFinch and/or access to our service.

Governing Law & Dispute Resolution

Except in circumstances where a party seeks urgent injunctive relief, before commencing any court proceedings, if any disputes arise under these Terms & Conditions the parties will negotiate in good faith to resolve the dispute.

You agree that only the laws of the Netherlands are applicable to any disputes regarding these Terms & Conditions. Both parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Gelderland (the Netherlands) and any disputes that cannot be resolved by negotiation will be presented to those courts.

The failure of FormFinch VOF to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court to be invalid, you nevertheless agree that the court should endeavor to give the effect to the intentions of FormFinch, as reflected in the provision and that the provisions of these Terms and Conditions remain in full force and effect.

Email Communications

By giving your email address to FormFinch VOF you agree to receive occasional administrative and informative emails about your account from us, as well as emails you explicitly notify us to send. Every type of optional email message you can turn on, can be turned off in FormFinch.

Any links FormFinch provides to any other website is for your convenience only and does not signify endorsement to it or any of its contents. FormFinch VOF shall have no responsibility or liability for any of information, downloads or other materials found at those websites.

Email Delivery

FormFinch offers the option to send you an email notification when someone enters a submission. Although we do everything within our power to ensure successful email deliveries, we cannot guarantee it. That is why we recommend you to check your submissions in FormFinch on a regular basis in order to make sure you don’t miss any submissions.

Form Availability

FormFinch VOF makes no warranty that forms provided by FormFinch are available 100% of the time and are completely error free. Although we have procedures in place to prevent and detect errors and work with a reputable cloud provider to maximize the availability, we can not guarantee those problems will never occur. Therefore any damages arising from errors or unavailability of a form are your sole responsibility.

Disclaimer of Warranties

You understand and agree that using FormFinch is at your own risk. FormFinch is provided on an “as is” and “as available” basis. FormFinch VOF expressly disclaims all warranties of any kind, whether express or implied, with the respect of FormFinch. This includes, but is not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement. FormFinch VOF makes no warranty that FormFinch will meet your requirements, or that its service will be uninterrupted, timely, secure, or error free.

You also agree and understand that any material and/or information downloaded or otherwise obtained with FormFinch is done at your own risk and that you are solely responsible for any damages arising therefrom. No advice or information obtained by you from FormFinch VOF or FormFinch shall create any warranty not expressly made in these Terms & Conditions.

Limitation of Liabilities

You understand and agree that, to the extent permitted under applicable law, in no event will FormFinch VOF and its parents, subsidiaries, partners, affiliates, officers, directors, employees, agents, licensor’s, be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages. This includes but is not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibilities of such damages), resulting from your (or anyone using your accounts) use of FormFinch.

Indemnification

You agree to indemnify, defend and hold harmless FormFinch VOF and its parents, subsidiaries, partners, affiliates, officers, directors, employees, agents, licensor’s, from and against any and all claims, damages, liabilities, costs, losses, fees and expenses (including reasonable attorneys fees) that such parties may incur as a result of or arising from:

  • Any information (including, without limitation, your submissions or any other content) you (or anyone using your account) submits, posts, or transmits through FormFinch
  • Your (or anyone using your account) use of FormFinch
  • Your (or anyone using your account) violation of these Terms & Conditions
  • Your (or anyone using your account) violation of any rights of any other person or entity.

Exclusions & Limitations

Because FormFinch VOF services both business and consumers some of the limitations and disclaimers in these Terms & Conditions may not apply to you, depending on which type of customer you are. To the extent that FormFinch VOF may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty. In those cases FormFinch VOF’s liability shall be the minimum permitted under such applicable law.

Force Majeure

Force Majeure, which includes but is not limited to, acts of governments, acts of nature, fire, explosion, typhoon, flood, earthquake, tide, lightning, war, means any event that is beyond either FormFinch VOF’s and/or your reasonable control and cannot be prevented with reasonable care. However, any shortage of credit, capital or finance shall not be regarded as an event of Force Majeure. The affected party who is claiming to be not liable to its failure of fulfilling these Terms & Conditions by Force Majeure shall inform the other party, without delay.

Miscellaneous

These Terms & Conditions constitute the entire, exclusive and final statement of the agreement between you and FormFinch VOF with respect to the matter hereof and supersede any prior agreements or negotiations between you and FormFinch VOF.

All Terms & Conditions, as well as any limitations on liability, shall remain in full force and effect notwithstanding any termination of your use of FormFinch.

Privacy Statement

By using FormFinch you indicate acceptance of the Terms & Conditions and agree to our Privacy Statement.

Supplement 1: Processing of Personal Data

When FormFinch VOF processes personal data as part of the data that is collected by forms that you create with FormFinch, the Terms & Conditions are supplemented by this supplement.

General Information

The definitions provided in this supplement are defined in the General Data Protection Regulation (GDPR). This supplement qualifies as a Processor Agreement as intended in article 28 of the GDPR.

FormFinch VOF offers you the possibility to use its services, where FormFinch VOF provides the service to collect personal data on your explicit order and behalf. With the processing of personal data, you are the controller or, when you are processing personal data on behalf of a third party, the processor. FormFinch VOF is, depending in which capacity you process personal data, the processor or sub-processor.

Goals of Processing

FormFinch VOF is obligated under the Terms & Conditions to process personal data on your behalf. Processing will exclusively take place to comply with those Terms & Conditions, as are the duration and any goals that are logically coherent.

FormFinch VOF will not process personal data for any other goals other than those that have been defined by you. In other words, we only perform the actions you command by using the FormFinch interface.

FormFinch VOF has no say about the goals and means you have and use for the processing of the personal data you collect. FormFinch VOF does not make decisions on its own about collecting or using personal data, nor do we decide how long it is stored or if it is shared with third parties. However, FormFinch VOF reserves the right to use personal data collected by you if you have violated the Terms & Conditions. For example: If you collect personal data with the clear goal of scamming or phishing, FormFinch VOF reserves the right to delete that data.

The personal data covered by this chapter involve certain categories of data subjects, those are:

  • Anyone who submits personal data on FormFinch forms that are created and published by you.

Obligations of FormFinch VOF

Regarding the processing activities mentioned in the chapter: “Goals of Processing”, FormFinch VOF is obligated to comply with the conditions, set by the GDPR, that are required to process personal data for its role as processor or sub-processor.

FormFinch VOF will process data that is collected on your behalf, as instructed by you, by using our application.

FormFinch VOF will inform you, when you request it and within a reasonable amount of time, about any processes and measures we have implemented and undertaken regarding our obligations under this supplement.

The obligations of FormFinch VOF that result from this supplement also apply to those who process personal data under the authority of FormFinch VOF.

FormFinch VOF will inform you if we determine that one of your instructions is not in compliance with the relevant privacy laws and regulations.

FormFinch VOF shall provide you, on your request, the necessary assistance you need to fulfill your obligations regarding the GDPR, like but not limited to the security obligation, the data breach notification obligation, performing a data protection impact assessment and a prior consultation with the Data Protection Authorities (DPA) in a high-risk processing. The amount reasonably incurred by FormFinch VOF, or to be incurred, in connection with the aforementioned cooperation will be reimbursed by you.

Transmission of Personal Data

FormFinch VOF primarily processes personal data in member states of the European Union. You will permit us to also process personal data in countries outside of the European Union, with respect to the applicable rules and regulations.

FormFinch VOF will inform you, on your request, about which country, or countries this entails as this can vary between clients. For example, when you, or your email provider, resides in a country outside of the EU we will have to transmit the data to that location otherwise you will not be able to export or receive (email) submissions.

Distribution of Responsibilities

Both you and FormFinch VOF will take care of complying with applicable privacy laws and regulations. The permitted processing activities will be carried out by FormFinch VOF within a primarily automated environment.

FormFinch VOF is solely responsible for the processing of personal data within the confines of this supplement and in accordance with your instructions and under your explicit responsibility.

For all processing activities of personal data that take place outside of the FormFinch application and associated services, FormFinch VOF cannot be held responsible. The responsibility of processing personal data outside of FormFinch rests solely on you. You guarantee you have a legal basis for the processing of personal data and that your systems, processes, and infrastructure are appropriately secured.

It is up to you to decide whether FormFinch VOF can give enough warranties regarding implementing the appropriate technical and organizational security measures, so the processing activities are in compliance with the GDPR and/or other applicable laws and regulations, and that the rights of data subjects are protected.

You guarantee that the content, use and instruction to process personal data, like intended in this supplement, are lawful and do not violate the rights of any third parties.

You agree to indemnify, defend and hold harmless FormFinch VOF and its parents, subsidiaries, partners, affiliates, officers, directors, employees, agents, licensor’s, from and against any and all claims, damages, liabilities, costs, losses, fees and expenses (including reasonable attorney’s fees) that such parties may incur as a result of or arising from acting in contrary to this supplement, the GDPR and/or other applicable privacy laws.

Engaging Third Parties or Sub-Processors

You accept that FormFinch runs on the Microsoft Azure Cloud platform and that therefore FormFinch VOF is allowed to use its sub -processor Microsoft Azure to process data.

You accept that when you use the feature within FormFinch to email you submission data, which can contain personal data, FormFinch VOF is allowed to use its sub-processor Mailgun for this purpose. When you do not want Mailgun to process personal data you can simply turn this feature off or use the setting to email submission notifications without the actual data. This feature is turned off by default and can be turned on for specific forms.

FormFinch VOF has the right to change and ad sub-processors. When we do we will inform you of those changes and this supplement will be updated to reflect those changes. This will effectively mean that you will need to accept an updated contract and have the right to terminate your FormFinch account.

FormFinch VOF is responsible that these third parties comply with the same agreements and obligations as have been agreed upon between FormFinch VOF and you.

Security

FormFinch VOF will put in place appropriate technical and organizational measures regarding the processing of personal data, due to the destruction, loss, change, or the unauthorized distribution of, or unauthorized access to, processed data.

Since we value the protection of your data as much as our own, the same security measures are taken for the data of your clients, of which FormFinch VOF is the processor, as your own personal data, of which FormFinch VOF is the controller. Those measures are publicized in our Privacy Agreement. The only exception in security is that our Payment Service Provider has no access to data we process for you.

To guarantee the safety of all the data we process, FormFinch VOF has the right to change and update its safety measures when we deem it necessary.

FormFinch VOF cannot guarantee that its security measures are sufficient under all circumstances. However we will make an effort to uphold security standards to a level that, having regard to the state of current technological developments, the basis, scope and context of the processing activities, the goals and foreseeable use of the service, the danger and in probability the seriousness of divergent risks for the rights and liberties of data subjects that can be foreseen and expected with the intended use of the service, is not unreasonable.

FormFinch VOF’s security measures offer, in your judgement, a sufficient level of protection to process personal data for you. You only allow FormFinch VOF to process personal data if you are convinced that FormFinch VOF offers appropriate security measures.

Duty to Report

In case of a security leak and/or data leak (which is understood as: a breach on security that occurred accidentally or unlawfully to the destruction, loss, change or unauthorized distribution of or unauthorized access to processed data) FormFinch VOF will do its best ability and effort to inform you, after which you can decide whether or not you need to inform supervisory authorities and/or data subjects.

When the applicable laws and regulations demand it FormFinch VOF will cooperate in informing applicable authorities and data subjects. However, you are responsible for reporting to applicable authorities.

The duty to report also includes for FormFinch VOF that we will report to you:

  • The (suspected) cause of the leak
  • The (at that time known and/or expected) consequences
  • The (proposed) solution
  • The actions that have already been undertaken
  • Who you can contact if you have questions regarding the report
  • Who is informed about the leak

Handling Requests from Data Subjects

When a data subject submits a subject access request to FormFinch VOF, we will forward that request to you and inform the data subject. You will be solely responsible to carry out the subject’s request. As we have previously stated in the chapter ”Obligations of FormFinch VOF”, we will provide assistance if you need any help, but the amount reasonably incurred by FormFinch VOF, or to be incurred, in connection with the aforementioned cooperation will be reimbursed by you.

Confidentiality

On all personal data processed on your behalf by FormFinch VOF, as a result of this supplement, rests a confidentiality obligation on FormFinch VOF towards third parties. You own the data you have collected and created with FormFinch and therefore we cannot use any type of data, both personal and general, for other goals than processing in accordance with your instructions.

This confidentiality is not applicable when:

  • You have explicitly permitted us to share data with third parties
  • Sharing data to third parties is logically necessary to fulfill the Terms & Conditions, this supplement, or the Privacy Agreement.
  • When there is a legal obligation and/or court order to share data to third parties
  • The third party is acting as a sub-processor of FormFinch VOF, see chapter: “Engaging Third Parties or Sub-Processors”.

Audit

You have the right to let an independent ICT-expert perform audits on a confidential basis, to check if all points mentioned in this supplement are carried out. This can only be done after you have requested FormFinch VOF to provide present similar audit reports, reviewed it and you can provide reasonable arguments to execute another audit by an independent ICT-expert. Reasonable arguments are when the audit rapport provided by FormFinch VOF does not include or provide sufficient information about conforming to this supplement. When you initiate to such an audit you have to notify FormFinch VOF at least two weeks in advance, when the audit will be performed. Audits by independent ICT-experts can only be performed once per year.

FormFinch VOF will cooperate with audits and will provide all relevant information to the audit, including supporting information like system logs and employees within a reasonable time, where a reasonable time is a period of two weeks at maximum unless there are urgent interests.

The findings in response to the audit will be shared and deliberated between both parties, after which it will be implemented by one party or both.

The costs of the audit reasonably incurred by FormFinch VOF, or to be incurred, in connection with the aforementioned audit will be reimbursed by you, with the understanding that the independent ICT-expert will always be paid by you.

Duration & Cancellation

This supplement is contracted for the duration and conditions as the Terms & Conditions, of which it is part of. In other words, in normal circumstances all agreements end whenever you decide to delete your FormFinch account after which the account including all the data will be deleted at the end of the billing period or immediately when you have never subscribed to a FormFinch paid plan.