Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Nextforms (the “Service”), operated by Wisecat Software LLC, a Georgia limited liability company (“Nextforms”, “we”, “us”). By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

1. The Service

Nextforms lets you build online forms and automate what happens after someone submits them — including emails, approvals, and integrations with third-party services. We may add, change, or remove features over time.

2. Your account

You must be at least 16 years old to use the Service. You are responsible for your account credentials and for all activity under your account. Keep your password secure and notify us promptly of any unauthorized use.

3. Plans, billing, and cancellation

Paid plans are billed in advance through our payment processor, Stripe, and renew automatically until cancelled. You can cancel at any time; your paid features remain active until the end of the current billing period. Except where required by law, payments are non-refundable, including for partial periods. Prices may change; we will give you at least 30 days’ notice before a price change affects an existing subscription.

4. Free plan and fair use

Our free plan includes unlimited forms and responses, subject to our Fair Use Policy. We reserve the right to throttle, limit, or suspend usage that in our reasonable judgment exceeds fair use, abuses the Service, or threatens the stability or deliverability of the platform for other customers. Where practical, we will contact you before taking action.

5. Your content and your responsibility

You retain all rights to the forms you create and the submission data you collect (“Customer Content”). You grant us a limited license to host, store, process, transmit, and display Customer Content solely to provide the Service.

You are responsible for your forms and for the data you collect through them. This includes: having a lawful basis to collect your respondents’ data, providing any legally required notices to respondents, honoring respondents’ privacy rights, and not collecting data you are not permitted to collect. With respect to respondent personal data, you are the data controller and we act as your processor under our Data Processing Addendum.

6. Acceptable use

You may not use the Service to:

• send spam or unsolicited bulk messages, or email people who have not consented to hear from you;
• collect passwords, full payment card numbers, government identifiers, or similarly sensitive credentials through form fields (payments must go through the built-in Stripe integration);
• phish, mislead, or impersonate any person or organization;
• host content that is illegal, infringing, hateful, or harassing;
• probe, scan, overload, or disrupt the Service or other users;
• resell or white-label the Service without our written agreement.

We may remove content or suspend accounts that violate this section. Where practical we will notify you and give you a chance to remedy the issue, but we may act immediately when necessary to protect respondents, other customers, or the platform.

7. Email sending

Workflow emails sent through your own connected provider (such as Gmail, Microsoft 365, SMTP, Amazon SES, or Mailgun) are sent under your account with that provider and subject to its terms. Emails sent through the built-in Nextforms sender are subject to volume and recipient safeguards designed to protect deliverability for all customers, and to bounce and complaint handling, including automatic suppression of addresses that hard-bounce or complain.

8. Third-party services

The Service integrates with third-party services (for example Google Sheets, Slack, Stripe, and email providers). Your use of those services is governed by their own terms, and we are not responsible for them. Disconnecting an integration stops future use but does not retroactively remove data already delivered to that service.

9. Our intellectual property

The Service, including its software, design, and branding, is owned by Wisecat Software LLC and its licensors. These Terms do not grant you any rights to our trademarks or branding. If you send us feedback or suggestions, we may use them without obligation to you.

10. Security and availability

We use industry-standard measures to protect the Service, including encryption in transit and encrypted storage of integration credentials. However, no method of transmission or storage is completely secure, and we cannot and do not guarantee absolute security. The Service is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. We do not guarantee that the Service will be uninterrupted or error-free.

11. Limitation of liability

To the maximum extent permitted by law: (a) neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or loss of data, even if advised of the possibility of such damages; and (b) our total aggregate liability arising out of or relating to the Service will not exceed the greater of the amounts you paid us in the twelve (12) months before the claim arose, or fifty US dollars ($50). These limits do not apply where they cannot lawfully be excluded.

12. Indemnification

You will defend and indemnify Wisecat Software LLC against claims, damages, and costs (including reasonable legal fees) arising from your Customer Content, your forms, your use of the Service in violation of these Terms, or your violation of applicable law — including claims brought by your respondents relating to data you collected through the Service.

13. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access for material breach of these Terms. Upon account deletion, your Customer Content — including uploaded files — is permanently deleted within 30 days, except where retention is required by law. Export your data before deleting your account.

14. Changes to these Terms

We may update these Terms from time to time. For material changes we will give notice (for example by email or an in-app notice) at least 14 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance.

15. Governing law

These Terms are governed by the laws of the State of Georgia, USA, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Georgia. If any provision of these Terms is found unenforceable, the remainder stays in effect.

16. Contact

Wisecat Software LLC · operating Nextforms Email: [email protected]