Terms & Conditions
1. About HeyForm
HeyForm is a product of EarlyBird, Inc. located at 30 N. Gould St. Ste R, Sheridan, WY 82801, USA. During your free trial, or once you have purchased an Basic Plan, Premium Plan, or Business Plan, (collectively, “Plans”), you can use the HeyForm (“Website”) to quickly and easily build custom forms with a range of features including taking surveys, event registration and scheduling functionality, job application, contact form, integrations, and more (the “Services”).
2. Acceptance of these Terms
Please read this Agreement carefully to ensure you understand each provision.
These Terms of Use apply to all users of the HeyForm Service. Please note that if you have executed a separate written agreement with HeyForm, regarding your use of certain HeyForm Services, that agreement and not these Terms of Use apply to those HeyForm Services. For example, if you have purchased HeyForm Enterprise under the HeyForm Enterprise Terms of Use (“Software License Agreement”), then your use will remain covered by such terms.
These Terms of Service (“Terms”) govern your use of EarlyBird, Inc. (“Company”, HeyForm) website located at https://heyform.net (the “Site”) and the services that are made available through the Site (collectively, the “HeyForm Service”). Please read these Terms carefully. By using the HeyForm Service, you are stating that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the HeyForm Service.
Arbitration Agreement
This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Your Responsibilities
You agree not to use the HeyForm Service to violate any local, state, national, or international law or regulation.
Your Account Terms
You may not access the HeyForm Service through automated methods, such as the use of robots or other computer code which calls the Service, except where explicitly allowed. Each user provides a valid email address and any other information requested in order to fully complete the signup process and create a login. You may only create a separate login for as many Users as your current HeyForm Plan allows. The sharing of your HeyForm Account login credentials is strictly prohibited. You are responsible for maintaining the security of each User’s account, username and password and you are responsible to ensure that each User associated with your HeyForm Account complies with these Terms. HeyForm is not liable for any loss or damage from your (or your Users’) failure to comply with these Terms. You are solely responsible for all Data posted to your account and all activity that occurs under your HeyForm account (even when Data is posted by others who have accounts under your Account). You may not use the HeyForm Service for any illegal or unauthorized purpose as described in the Terms of Use.
If you are a HeyForm Enterprise User, please see your Account Terms as included in the HeyForm Enterprise Terms of Use.
Forms and Submissions
HeyForm does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the HeyForm Service (“Forms and Submissions”). As between HeyForm and you, you own all rights to your Forms and Submissions. When you make a Form, Submissions page, or a Report “public”, you grant HeyForm, a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Forms and Submissions (in whole or in part) in any format or medium now known or later developed. Submissions and Reports will only be made public with your permission. HeyForm, does not pre-screen forms or submissions and you agree that you are solely responsible for all of your Forms and User Submissions.
Automatic Renewal
Paid accounts are subscriptions. This means that you will be billed in advance on a recurring, periodic basis. Your HeyForm subscription will automatically renew at the end of each billing cycle until you cancel your HeyForm subscription by selecting the starter plan on the billing page. You can also cancel by emailing the HeyForm Support Team at [email protected]. When you downgrade, your account will remain at your current plan through the end of your current billing cycle.
Credit card details
If you have elected to pay the fees for a HeyForm subscription by credit card, you warrant that the credit card information you provide is correct and you shall promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, HeyForm may suspend or cancel your HeyForm subscription.
Downgrades
Downgrading your HeyForm account plan may cause the loss of features or capacity of your account. To the extent permitted by applicable law, HeyForm does not accept any liability for such losses. Even when you cancel or downgrade your subscription, you will not lose any of your forms or your data.
Scam
You agree that you will not use the HeyForm Service or any form(s) you create using the HeyForm Service for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as posting a HeyForm form as a money-making program on a classified ads site as an example of that. Any account reported or found doing so will be immediately suspended.
Phishing
You agree that HeyForm may terminate your HeyForm Service immediately if a form’s purpose is found to be deceptively obtaining, for example: sensitive credit card information, social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as Phishing and any account along with the violating forms will be suspended immediately.
Collecting Sensitive Information
You may not use the HeyForm Service to collect certain types of sensitive information, including but not limited to, credit card information and any type of login credentials. You may collect some sensitive information such as social security numbers or driver’s license numbers, but you are required to use the best security practices of HeyForm including SSL and Encrypted Forms features. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information.
Copyright Infringement
HeyForm respects the intellectual property rights of others. Accordingly, HeyForm has a policy of disabling access to any Submission that violates copyright law, suspending access to the HeyForm Service to any user who uses the HeyForm Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the HeyForm Service in violation of copyright law.
Trademarks
HeyForm is a registered trademark of EarlyBird, Inc. The HeyForm logo is a trademark of EarlyBird, Inc. You are not authorized to use any such trademarks. Ownership of all such trademarks and the goodwill associated therewith remains with HeyForm. You agree not to display or use, in any manner, any of the Trademarks or copyrighted material without the prior written consent of HeyForm. All other third-party trademarks, service marks, logos, and trade names appearing on any services which are part of the HeyForm Service are the property of their respective owners. No transfer or grant of any rights under any Trademarks is made or is to be implied by any provision of this Agreement or by any other provision contained in the HeyForm Service, and all rights in such Trademarks is reserved by HeyForm or respective holders.
Payments
HeyForm offers payments through third-party payment processors. By accepting this agreement with HeyForm, you indicate that you have reviewed the Terms of Service and Privacy Policy of the payment processor for the country in which you are located and agree to both. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You shall be responsible for payment of all such taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the HeyForm Service. We may add to the fees at the then applicable rates.
Termination
You agree that EarlyBird, Inc. may terminate your HeyForm Service membership or suspend your access to all or part of the HeyForm Service, without notice, if EarlyBird, Inc. determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that EarlyBird, Inc. shall not be liable to you or any third party for removing your Submissions or suspending or terminating your access to the HeyForm Service. You may discontinue your participation in and access to the HeyForm Service at any time.
Upon termination of this Agreement, for any reason, you agree to cease all use of the HeyForm Service. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification, and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue prospective hosting of Forms and Form Submission Data.
Modifications To Terms
EarlyBird, Inc. may, in its sole and absolute discretion, change these Terms from time to time. HeyForm will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the HeyForm Service. Continued use of the HeyForm Service following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications To HeyForm Service
Prices of all HeyForm Services, including but not limited to subscription plan fees to the HeyForm Service. HeyForm reserves the right to modify or discontinue the HeyForm Service with or without notice to you. Any subscription(s) that are pre-paid shall not be affected by this notice until the expiration of a said subscription(s). Such notice may be provided at any time by posting the changes to the HeyForm website or the HeyForm Service itself.
EarlyBird, Inc. shall not be liable to you or any third party should HeyForm exercise its right to modify or discontinue the HeyForm Service.
HeyForm shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service as envisaged under Termination section.
HeyForm shall not be liable in any event for matters which arise due to circumstances beyond our reasonable control.
Email Communications
By giving your email address to HeyForm you agree to receive administrative, announcements, newsletters, sales, and marketing emails from HeyForm You can opt-out from these emails by clicking on the “unsubscribe“ link at the end of the emails.
Links
HeyForm provision of a link to any other website or Internet resource is for your convenience only and does not signify HeyForm endorsement of such other web site or resource or its contents. HeyForm shall have no responsibility or liability for any information, software, or materials found at any other web site or Internet resource.
HeyForm is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Websites. As a convenience to our members, HeyForm provides links to resources. HeyForm makes no representations as to the quality, suitability, functionality, or legality of any websites to which HeyForm may provide links, and you hereby waive any claim you or the User may have against HeyForm with respect to any such websites. Unless you have a written agreement or a specific consent in effect with HeyForm which states otherwise, links to the Websites may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that HeyForm is affiliated with any person or entity, or that HeyForm otherwise endorses, sponsors, or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Websites may not be such as to damage or dilute the goodwill associated with the HeyForm name and Trademarks; © all links to the Websites must “point” to the URL “heyform.net” and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a “frame” on the linking website, or any other website.
Without limiting any of the above, HeyForm reserves the right to revoke its consent to any link to the HeyForm website, at any time in its sole discretion.
No Resale Of HeyForm Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your User Submissions, to which HeyForm agrees you retain all rights) of the HeyForm Service, use of the HeyForm Service, or access to the HeyForm Service.
Email Delivery
When someone submits your forms, you’ll receive the results as email notification if you configured it in the dashboard. HeyForm goes to great lengths to ensure the successful delivery of emails. We do not guarantee the successful delivery of your email notifications.
Form Availability
HeyForm makes no warranty that forms provided by HeyForm Service will be available 100% of the time and will be error-free. You will be solely responsible for any damage arising from any errors on a form or unavailability of a form.
Disclaimer of Warranties
You understand and expressly agree that use of the HeyForm Service is at your sole risk. the HeyForm Service is provided on an “as is” and “as available” basis. HeyForm expressly disclaims all warranties of any kind, whether express or implied, with respect to the HeyForm Service (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). HeyForm makes no warranty that the HeyForm Service will meet your requirements, or that the HeyForm Service will be uninterrupted, timely, secure, or error-free. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of HeyForm is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from HeyForm or through the HeyForm Service shall create any warranty not expressly made herein.
Limitation of Liability
You understand and expressly agree that to the extent permitted under applicable law, in no event will HeyForm or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but 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 possibility of such damages), resulting from your (or anyone using your account’s) use of the HeyForm Service.
Exclusions And Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that HeyForm may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of HeyForm liability shall be the minimum permitted under such applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless HeyForm, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the HeyForm Service, (b) your (or anyone using your account’s) use of the HeyForm Service, © your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity.
Miscellaneous
These Terms constitute the entire and exclusive and final statement of the agreement between you and HeyForm with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and HeyForm with respect to the subject matter hereof.
Third Party Vendors
The User may order or use services through the HeyForm Service from third parties not affiliated with HeyForm ( “Third Party Vendors”). By submitting a request of any kind, including but not exclusive to Vendor Integration Requests, Connections, and Interactions through the HeyForm Service, you are giving to consent that all requests are authorized by you and that a Vendor may, at their discretion, perform all actions deemed necessary for the performance of service including but not exclusive to implementing vendor integration services into a live production environment without any additional authorization by you.
All matters concerning such services desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance, and delivery, are solely between the Third Party Vendors and the User and should be directed to such particular Third-Party Vendor. HeyForm makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider HeyForm, nor will HeyForm be construed, as a party to, or a third party beneficiary of, such transactions, whether or not HeyForm may have received revenue or other remuneration in connection with the transaction. HeyForm will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third-Party Vendors.
Privacy Policy
By using HeyForm Services you indicate acceptance of these terms and agree to our Privacy Policy.
It is the policy of HeyForm to respect the privacy of all Users. Your use of the HeyForm Service as well as certain other information about you is subject to the terms and conditions of our privacy policy which is incorporated into these Terms by reference.