Terms of Use

1. Applicability

Appforms' intuitive form builder, accessible via our website and application (hereinafter "Platform"), is owned and operated by Drongo, a company incorporated under French law, with registered offices at 25 RUE DE PONTHIEU, 75008 PARIS, France (hereinafter "Drongo"). Throughout these Terms of Use, Drongo will be referred to as "we", "us", or "our".

These Terms of Use set out the terms and conditions under which Drongo offers its Platform. By signing up to our Platform, you (hereinafter "you" or "User") agree to be bound by these Terms of Use.

If you do not agree to any provision of these Terms of Use, you are not authorized to use or access our Platform in any way.

2. Description of the Platform

The Platform is a web-based form builder that allows you to create, customize, and publish interactive forms with a wide range of features and integrations.

You can freely explore our Platform without any formalities. However, to publish created forms, you must first create an account.

Although the Platform is available for free use, you must subscribe to the premium version of the Platform (hereinafter "Pro Version") in order to access all its features.

3. User Accounts

3.1. Account Creation & Security

You must provide a valid email address and any other information requested in order to complete the signup process and create a login. You are responsible for maintaining the security of your account, username, and password and for ensuring that you comply with these Terms of Use.

The sharing of your Appforms account login credentials is strictly prohibited. You may not access the Platform through automated methods, such as using bots or computer code to call or ping the Platform or our website.

3.2. Account Types

We offer different subscription plans with varying features and limitations. Details of these plans are available on our website, and we reserve the right to modify the features and pricing of these plans at any time.

4. Use of the Platform

Regarding the use of our Platform, you are obliged to:

• Comply with the provisions set out by applicable law, regulations, decrees, ordinances, or decisions of federal, regional, local, or international authorities, including but not limited to provisions relating to the protection of Personal Data;
• Refrain from manipulating the information provided in any way or using any technique to bypass the intended functionality of the Platform;
• Refrain from transmitting data, messages, or documents through our Platform, or uploading data or documents via our Platform that:
  • Infringe upon the rights (including, but not limited to, moral rights or Intellectual Property Rights) of third parties
  • Contain content that is harmful, defamatory, violent, unlawful, obscene, degrading, or infringes upon the privacy of third parties
  • Are prohibited for use or possession by you under law or agreement
  • Contain viruses or instructions that may cause damage to our Platform and/or the services provided through our Platform

The Platform may NOT be used for, or in connection with any of the following, any or all of which may result in your account being temporarily suspended or permanently terminated, at our sole discretion:

• Email solicitation, mass emailing, spamming, phishing, and the like
• Violating anyone's privacy rights
• Financial/monetary fraud or schemes
• Computer fraud or other computer crimes
• Defamation, discrimination, or harassment
• Funding, encouraging, or facilitating any criminal or other illegal activities
• Promoting, encouraging, or requesting any form of violence or harm to anyone
• Collecting credit card information or third parties' log-in credentials for other sites or platforms
• Collecting highly sensitive personal information without a valid reason
• Including third-party personal information without permission
• Promoting products or services in violation of platform guidelines
• Money-making schemes involving professional services
• Including unauthorized copyrighted content
• Encouraging violence, bullying, or harm
• Gathering, collecting, or requesting explicit content
• Any other prohibited activities

To use our Platform, you must have a stable internet connection. You are solely responsible for providing the necessary telecommunication or computer network equipment required to access our Platform.

You share responsibility for ensuring the secure and confidential use of our Platform. Additionally, you bear sole responsibility for the data you choose to input into our Platform.

Drongo cannot be held liable for any loss or damage resulting from non-compliance with the above requirements.

5. License & Limitations

The Platform made available by us, including all its functionalities, is Drongo's exclusive property. All rights in and to the Platform not expressly granted to you in these Terms of Use are reserved by us.

We hereby grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable right of use for the duration of our agreement to use our Platform in accordance with these Terms of Use.

You or any third party acting on your behalf may not, under any circumstances:

• Decompile, disassemble, or reverse engineer the software;
• Distribute, sell, rent, sublicense, lease, or transfer our Platform;
• Alter, remove, or obscure product identification or copyright notices;
• Modify or create derivative works from our Platform;
• Use our Platform for illegal activities;
• Employ automated high-volume processes;
• Distribute malicious elements or use for fraudulent purposes;
• Remove or circumvent technical protections.

6. Payments and Billing

6.1. Payment Terms

When you have subscribed to the Pro Version of the Platform, a periodically recurring License Fee will be charged to you. Information with regard to pricing is always available on our website. We encourage you to check our website periodically for up-to-date pricing information.

The License Fee as displayed on our website, payable under these Terms of Use, is denominated in euros for Users within the EU, denominated in USD for non-EU Users, and includes any relevant value-added tax or other applicable taxes.

Invoicing of the License Fee shall occur on a recurring basis in accordance with the chosen invoicing cycle (monthly or annually). Invoices shall be available and downloadable within the Platform.

6.2. Payment Methods

The applicable License Fee shall be paid by means of credit card or other approved payment methods. To this end, you authorize Drongo or its third-party payment processors to periodically charge the designated payment method for the amount of the License Fee. The provided payment information must be accurate and complete and must be promptly updated in case of any changes.

You acknowledge and agree that the failure to make timely payments or Drongo's impossibility to collect the License Fee may result in the suspension or termination of your access to the Platform, at the sole discretion of Drongo.

6.3. Price Changes

You acknowledge and agree that Drongo reserves the right to periodically review and adjust the License Fee. Any proposed changes to the License Fee shall be communicated to you in writing, with at least thirty (30) days' notice before the implementation of such adjustments. You shall have the choice to either accept the adjusted License Fee or terminate this Agreement.

After implementing the adjustment of the License Fee, the revised License Fee will only be invoiced for the first time at the start of a new invoicing cycle, as selected by you, whether it is monthly or annually.

6.4. Refunds

If for any reason you cancel your account within 30 days of your payment made directly to Drongo, you may request and receive a refund by submitting a request to the Drongo Support Team. Refunds for reasons other than account cancellation within the 30 days are at Drongo's sole discretion.

7. Forms and Submissions

You accept and have sole responsibility for the forms, tables, submission pages, and other content that you create or that is generated as you use the Platform. When you make such content "public," or set your account settings to allow the content to become public, or you don't change a default setting that would allow a form, a table, or other content that is generated as you use the Platform to be made public, you acknowledge and agree that the content will, in fact, be available to the public on our websites. By allowing such content to become public, you grant Drongo a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such content on our websites. Of course, you may choose to apply settings to your account to make or keep forms private.

You agree that you will not assert any copyright claim or other intellectual property claims or rights in forms you build or create using the Platform against Drongo, and that you waive any such legal claims against Drongo relating to such forms. This includes whole forms and parts of such forms. You acknowledge and agree that Drongo may display your forms on our websites and platforms, and that we may use your forms for the purposes of improving the form builder, for learning about how you and other people use, build, and create and submit forms, for teaching our staff, systems, and products about such matters, and for other purposes.

8. Intellectual Property Rights

For the purposes of these Terms of Use, our Platform, including all its functionalities, and all (established and/or applicable) related or associated worldwide Intellectual Property Rights shall remain the exclusive property of Drongo.

All rights in and to our Platform not expressly granted to you in these Terms of Use are reserved by Drongo. Except as expressly provided in these Terms of Use, no express or implied license is granted to you in respect of our Platform or any part thereof, including any right to obtain any source code, data, or other technical material relating to our Platform.

Insofar as you would provide to Drongo any suggestions, comments, or feedback regarding the Platform (collectively "Feedback"), you shall grant Drongo a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up right:

• To utilize, copy, modify, sell, distribute, sublicense, and create derivative works of the Feedback as part of the Platform or any other services Drongo may provide.
• To publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease, or lend copies of the Feedback (and derivative works thereof) as part of the Platform or any other services Drongo may provide.

You assure that your Feedback is not bound by any license terms that would impose additional obligations on Drongo regarding any Drongo services that may integrate your Feedback.

You expressly agree that your Feedback does not grant you any proprietary rights (including no Intellectual Property Rights) in, on, or pertaining to the Platform or any other services Drongo may provide.

9. Privacy and Data Protection

Upon creating your account, Drongo may process your Personal Data. We will only process your Personal Data as outlined in our Privacy Policy.

Our Privacy Policy provides detailed information about how Drongo collects and processes your Personal Data and is readily accessible through our Platform at any time.

Before you can use our Platform, you must agree to our Privacy Policy.

10. Support, Updates & Changes

Drongo shall provide a support mechanism to assist you in the event of technical issues with the Platform. This support may be delivered via various channels such as chats or emails and will be available in English and French. The support mechanism will be designed to provide responses within reasonable response times, taking into account the severity and potential impact of the issue.

Any request for support or complaint should be promptly reported to Drongo following the issue that gave rise to the request or complaint. You should provide all relevant information regarding the issue to facilitate a comprehensive investigation by Drongo and ensure an appropriate response. Any detrimental effects arising from delays in reporting the issue will be borne solely by you.

Drongo will make reasonable efforts to ensure continuous availability of the Platform as far as possible. Availability refers to the duration within which you can use the Platform normally. Downtime refers to periods when the Platform is not available. However, Drongo reserves the right to temporarily suspend the Platform for the purpose of resolving malfunctions or performing maintenance work.

Drongo will provide timely notification of planned maintenance activities, aiming to schedule such activities outside of regular working hours. Periods of unavailability resulting from circumstances beyond Drongo's control, or Force Majeure, will not be counted as downtime.

Drongo may provide regular updates to the Platform. These updates are designed to improve, enhance, and further develop our Platform, and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates as part of the Platform.

Insofar as these updates are not exclusively reserved for the Pro Version of our Platform, they will be provided free of charge.

You will receive notification of any updates implemented by Drongo through the Platform or the website. Your ongoing utilization of the Platform after the release of any update implies your acceptance of said update.

Drongo reserves the right, at its sole discretion and without any liability to you, to amend or change these Terms of Use at any time.

If Drongo intends to amend or modify these Terms of Use, Users will receive prior notification via the Platform.

Continued use of the Platform after the effective date of any amendments or changes implies acceptance of the revised Terms of Use.

Users who disagree with any amendments or changes to these Terms of Use have the option to terminate their account and must immediately discontinue their use of the Platform.

We advise Users to periodically review these Terms of Use to ensure compliance with the most recent versions.

With respect to changes, additions, and/or amendments to our Privacy Policy, you will be notified separately in accordance with the provisions of our Privacy Policy.

11. Liability

Pursuant to the provisions set out in this Section 11 of the Terms of Use, you acknowledge and agree that Drongo can only be held liable in accordance with these Terms of Use to the extent that the damage suffered by you is directly caused by Drongo.

To the extent permitted by applicable law, Drongo shall not be liable for any loss or damage resulting from viruses or other technologically harmful materials that may infect your (mobile) device, data, or other protected material during your use of our Platform.

To the extent permitted by applicable law, Drongo shall not be liable for any third-party content/services, including but not limited to their accuracy, completeness, legality, or reliability.

To the extent permitted by applicable law, Drongo will not be liable to you or any third party for punitive, incidental, or indirect damages of any kind, including but not limited to damages or costs resulting from loss of profits, data, revenues, goodwill, expenses incurred in obtaining substitute services, or property damage arising from the use of the Platform. This applies regardless of the cause of claim or theory of liability - whether based on tort, contract, or otherwise - even if Drongo is aware of the likelihood of such damages occurring.

Subject to the maximum extent permitted by applicable law, our liability, whether in contract, tort, or otherwise, shall not exceed the total amount of License Fees paid by you to Drongo under this Agreement for the three (3) months immediately preceding the event giving rise to the claim.

12. Warranties

All warranties, conditions, and representations implied by applicable law concerning the Platform are excluded to the fullest extent permitted by law and disclaimed. Except as expressly provided in these Terms of Use, and to the extent permitted by applicable law, the Platform is provided on an "as is" and "as available" basis. Drongo makes no other warranties, covenants, or representations, whether written, oral, express, or implied, and disclaims all implied warranties, including but not limited to warranties of satisfactory quality, merchantability, fitness for a particular purpose, availability, non-infringement, or fitness for a particular use. Drongo does not warrant that the Platform is free from errors, viruses, or other harmful components, or that defects will be corrected. You should take your own precautions in this regard.

The Platform may contain inaccuracies and typographical errors. We do not guarantee the accuracy or completeness of the content and services offered on the Platform. In addition, we expressly reserve the right to correct any erroneous information on the Platform.

13. Indemnification

13.1. By Drongo

As provided herein, Drongo will indemnify and defend you against substantiated and valid claims by third parties to the extent the claim is based on a violation of the third party's Intellectual Property Rights by the Platform, excluding claims resulting from:

• Your unauthorized use of the Platform;
• Changes to the Platform made by you or by a third party appointed by you;
• Your failure to use the latest version of the Platform when we have indicated that the update or correction was necessary to prevent a potential breach;
• Your use of the Platform in combination with products or services not specifically offered by Drongo, without our express consent.

Such indemnification obligation is subject to the following conditions:

• Drongo must be notified immediately in writing of any such claim or demand;
• Drongo will determine the defense and settlement of such a claim at its sole discretion;
• At Drongo's request, you will cooperate fully with Drongo in defending and settling such a claim at Drongo's expense;
• You may not make any representations about our liability in respect of any such claim, nor may you agree to any settlement in respect of any such claim, without Drongo's prior written consent.

If these conditions are met, Drongo will indemnify you for all damages and costs incurred by you as a result of such claim, as awarded by a court in the last instance having jurisdiction or as agreed in the settlement with our plaintiffs.

If, in Drongo's reasonable opinion, the Platform is likely to be the subject of an infringement claim by a third party, Drongo reserves the right, in its sole discretion and at its own expense:

• To modify the Platform (or the (allegedly) infringing part thereof) so that the infringement no longer exists, but the equivalent functionality is maintained;
• For you to acquire a license enabling continued use of the Platform in accordance with these Terms of Use.

13.2. By the User

You will indemnify and hold Drongo harmless from any claim, demand, loss, liability, or damage of any kind, including reasonable attorneys' fees, whether in tort or contract, that Drongo may face as a result of a claim by a third party relating to:

• Your breach or violation of any provision of these Terms of Use or other instructions or policies;
• Content that violates the Intellectual Property Rights of third parties;
• Your engagement in fraudulent activities, intentional deception, or gross negligence.

You agree that use of the Platform in breach of the provisions set out in Section 4 constitutes unauthorized and inappropriate use of the Platform.

14. Term and Termination

The agreement will remain in effect indefinitely, starting from the moment you accept these Terms of Use upon creating an account. You have the option to cancel your account at any time through the dashboard of the Platform, thereby terminating the agreement.

Notwithstanding the foregoing, if you have subscribed to the Pro Version of the Platform, the cancellation of your account (and thus the termination of the agreement) will only become effective at the end of the current paid term.

Upon termination of this agreement for any reason, all rights, obligations, and licenses of the parties shall cease, except that all obligations that accrued prior to the effective date of termination and all remedies for breach of this agreement shall survive. Unless otherwise agreed, all use of the Platform by you shall be discontinued.

Furthermore, we reserve the right to immediately restrict, terminate, or suspend your use of the Platform at our sole discretion, without prior notice or liability, due to a serious breach of these Terms of Use committed or caused by you. Such breaches include, but are not limited to, violations of the Terms of Use or other instructions, guidelines, or policies (including our Privacy Policy). Any suspension by us will remain in effect until you have rectified the breach that led to the suspension or limitation.

15. Miscellaneous Provisions

15.1. Waivers

No failure or delay by Drongo in exercising any right or remedy provided by law or pursuant to the agreement will impair such right or remedy or be construed as a waiver of it and will not preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy will preclude any further exercise of it or the exercise of any other remedy.

15.2. No Implied Rights

Other than expressly provided for in these Terms of Use, nothing in the agreement grants or shall be construed to grant to any party any further or implied right or license to any Intellectual Property Right or application therefore which are held by or in the name of the other party or which are controlled by the other party, or to any Confidential Information received from the other party.

15.3. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, then such provision will (so far as it is invalid or unenforceable) have no effect and will be deemed not to be included in the agreement, but without invalidating any of the remaining provisions of these Terms of Use. In the event of any provision being found invalid or unenforceable, the particular provision will be substituted with a valid and enforceable provision. This substitute provision should closely align with the intended effect of the invalidated or unenforceable provision.

15.4. Entire Agreement

These Terms of Use constitute the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, negotiations, representations, and understandings, whether oral or written, relating to such subject matter. No amendment or modification of this agreement shall be valid or binding upon the parties unless made in writing and duly executed by both parties.

15.5. Governing Law and Jurisdiction

These Terms of Use are governed by and must be construed and interpreted in accordance with the laws of France. The courts of Paris, France have exclusive jurisdiction over any dispute arising out of or related to these Terms of Use, including their termination.

16. Contact Information

If you have any questions about these Terms of Use, please contact us at: