Terms of Service

1. Acceptance of Terms

By accessing or using Formtorch ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

BitForward Technologies Inc. (“BitForward”, “we”, “us”, or “our”) reserves the right to update these Terms at any time. Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

2. Description of Service

Formtorch provides a form backend and submission management platform that allows developers to collect, store, and manage HTML form submissions without building a custom backend. The Service includes spam protection, email notifications, automatic replies to form submitters on eligible plans, CSV exports, and a web dashboard.

We may modify, suspend, or discontinue any part of the Service at any time with or without notice.

3. Account Registration

You must create an account to use the Service. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account.

You must be at least 16 years old to use the Service. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. Acceptable Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Submit, transmit, or store content that is illegal, harmful, deceptive, or violates any third party's rights.
• Use the Service to collect sensitive personal data (e.g., payment card numbers, government ID numbers, medical records) without appropriate safeguards.
• Attempt to reverse-engineer, decompile, or otherwise derive the source code of the Service.
• Use automated means to scrape, crawl, or overload our infrastructure.
• Resell or sublicense access to the Service without our prior written consent.
• Use the Service to send unsolicited commercial messages or engage in spam activity.

We reserve the right to suspend or terminate accounts that violate this section without prior notice.

5. Automatic Replies

Some plans let you turn on automatic replies (autoresponders), which send an email you write to the address a person enters in your form. Automatic replies are sent on your behalf, and you are responsible for their content and for having the right to send them. In particular, you are responsible for:

• complying with the anti-spam, electronic messaging, consumer protection, and privacy laws that apply to you and your recipients, which may include Canada's Anti-Spam Legislation (CASL), the U.S. CAN-SPAM Act, and the GDPR and ePrivacy rules in the EU and UK;
• making sure each reply is accurate, identifies you, and does not mislead recipients about who sent it or why;
• providing a sender name and postal address that are accurate and that you are entitled to use, because we include them in every reply; and
• honouring unsubscribe or objection requests that recipients send to you directly, in addition to the unsubscribe link we provide.

Automatic replies are for acknowledging a submission the recipient has just made, for example to confirm that a message was received or to say when to expect a response. You must not use them to:

• send advertising, promotions, newsletters, or other marketing content, or any bulk or unsolicited message;
• send phishing, malware, impersonation, or other deceptive content, or link to it;
• send email to people who did not submit your form themselves, for example by entering other people's addresses or lists into your form; or
• relay messages for third parties, or get around sending limits, unsubscribe requests, or any other safeguard.

We add a footer to every automatic reply that you cannot remove. It explains why the recipient received the email and includes your sender name, your postal address, and an unsubscribe link. When a recipient unsubscribes, we stop sending them automatic replies from that form.

We apply sending limits per recipient, form, and account, and across the Service, and we may change them at any time. We may skip, delay, or stop sending any automatic reply, turn off automatic replies for a form or account, or suspend or terminate your account under Section 9, if we believe automatic replies are being used in breach of these Terms, are generating complaints, or put recipients or our email reputation at risk. We do not guarantee that any automatic reply will be sent or delivered.

These safeguards do not make your messages compliant with any law. You remain responsible for your own compliance and should get your own legal advice if you are unsure which rules apply to you.

6. Payment and Billing

Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except where required by law or expressly stated in our refund policy.

We use third-party payment processors. By providing payment information, you authorize us to charge your selected payment method for all applicable fees.

If a payment fails, we may downgrade your account to the free tier or suspend your access until payment is resolved. We will notify you before taking action.

7. Intellectual Property

The Service and all associated content, features, and technology are owned by BitForward Technologies Inc. and are protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from the Service without our express written permission.

You retain ownership of all data and content you submit through the Service (“Your Content”). By using the Service, you grant us a limited, non-exclusive license to process, store, and display Your Content solely as necessary to provide the Service.

8. Privacy

Our Privacy Policy, incorporated here by reference, describes how we collect, use, and share information about you. By using the Service, you consent to the practices described in the Privacy Policy.

Our Data Processing Addendum forms part of these Terms. It applies to personal data that we process on your behalf, such as the form submissions your respondents send, and you accept it by accepting these Terms.

9. Termination

You may cancel your account at any time through the dashboard. Cancellation takes effect at the end of the current billing period.

We may suspend or terminate your account immediately if we believe you have violated these Terms, if required by law, or if your account poses a security or legal risk to Formtorch or its users.

Upon termination, your right to use the Service ceases and we may delete your data in accordance with our data retention policy.

10. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FORMTORCH DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORMTORCH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law principles. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts located in Alberta, Canada.

12. Changes to These Terms

We may revise these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the revised Terms.

13. Contact

If you have questions about these Terms, please contact us at legal@formtorch.com.