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Terms of Service

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These Terms of Service ("Terms") are an agreement between you and PhraseMine LLC, a Delaware limited liability company, with its registered address at 131 Continental Dr, Suite 305, Newark, Delaware 19713, USA ("PhraseMine", "we", "us"), which operates HornetForms.

The "Service" means the HornetForms app at https://forms.hornetforms.com (including custom domains customers connect to it), its API, and our website at https://hornetforms.com.

By creating an account or using the Service you accept these Terms. If you use the Service on behalf of an organisation, you confirm that you are allowed to bind that organisation, and "you" then means the organisation.

1. The Service#

The Service lets you build online forms and surveys, publish them on our domain and on your own custom domains, collect responses and uploaded files, analyse them, and send them to other systems (email notifications, webhooks, exports and the API). Features include workspaces for teams, form analytics, AI-assisted form generation and translation, and a developer API.

HornetForms is in beta. Features may be added, changed or removed while we improve the Service. We will not remove core functionality you rely on without reasonable notice.

Sign-up is currently by invitation only. You can join our waitlist on hornetforms.com, and we decide at our discretion when to send invitations.

Our Privacy Policy explains how we handle personal data.

2. Accounts#

  • You must be at least 16 years old, and old enough to form a binding contract where you live. To accept these Terms for an organisation, you must have reached the age of majority.
  • You must give accurate information, keep your password and sign-in links confidential, and tell us promptly at info@hornetforms.com about any unauthorised use of your account.
  • You are responsible for everything done through your account, for the members you invite to your workspaces and for the roles you give them.

3. Acceptable use#

You must not use the Service to:

  • collect passwords, login credentials, payment card numbers or other credentials (phishing), or impersonate another person, brand or organisation;
  • distribute malware or link to it, or attack, probe or overload the Service or other systems;
  • publish or collect illegal content, content that infringes others' rights, or content that is harassing, hateful or sexually exploits minors;
  • send spam or unsolicited messages, including through notification or confirmation emails;
  • collect special categories of personal data (such as health or biometric data) or children's data without the legal basis and safeguards the law requires;
  • get around rate limits, bot protection, access controls or usage limits, or resell the Service without our written permission.

We may, without prior notice where that is necessary to protect people or the Service, disable or remove forms, responses or files, and suspend workspaces or accounts, and we may report illegal activity to the authorities. Where reasonable, we will tell you why and give you a chance to respond.

Please report abuse to info@hornetforms.com.

4. Your responsibilities toward respondents#

When you publish a form, you decide what it collects and why, and you are responsible for that collection. In particular, you must:

  • give respondents your own privacy notice (who you are, purposes, legal basis, retention and their rights) on or linked from the form, and have a lawful basis for collecting their data;
  • if you add tracking tools (Google Analytics, Google Tag Manager or the Meta Pixel), obtain any consent the law requires and follow those providers' terms. The Service offers a consent banner that blocks these tools until the respondent accepts; if you do not switch it on, they load as soon as the form opens;
  • answer respondents' requests about their responses (access, correction, deletion). Deleting a response in the Service also deletes its files and edit history;
  • only send responses to webhooks, email addresses and API clients you are allowed to share them with, and keep those endpoints secure;
  • set an automatic deletion period for responses where appropriate.

For responses, we act as your processor under our Data Processing Addendum, which forms part of these Terms where it applies.

5. Content and licences#

  • Your content (forms, designs, files you upload and responses you collect) remains yours or your respondents'. You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit and display it only as needed to provide, secure and back up the Service for you.
  • You confirm that you have the rights needed for content you upload or reference (for example logos, images, texts and fonts).
  • AI features: generated or translated content is a suggestion. Review it before you publish it; you are responsible for what your forms say. Your instructions and form content are sent to our AI providers as described in the Privacy Policy.
  • Our property: apart from your content, the Service, its software and design belong to PhraseMine or its licensors. The HornetForms name and logos are PhraseMine's. These Terms do not give you any right to use them except as needed to use the Service (for example the "Made with HornetForms" badge).
  • Feedback: if you send us ideas or suggestions, we may use them without any obligation to you.

6. API#

  • API keys are credentials. Keep them secret, store them securely, never put them in browser or mobile app code, and revoke them if they leak. You are responsible for all requests made with your keys.
  • The API is subject to rate limits and concurrency limits, described in the API reference. We may change them to protect the Service.
  • Do not use the API to get around these Terms or to scrape other users' content.

7. Availability and support#

We work hard to keep the Service available, but especially during the beta it is provided "as is" and "as available". To the extent permitted by law, we make no warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted or error-free.

We may carry out maintenance, sometimes without notice. We back up data every night, but you are responsible for keeping your own copies of important responses (through exports, webhooks or the API).

For support, email info@hornetforms.com.

8. Fees#

The Free plan is provided free of charge. Premium features are, or will be, offered in paid plans (currently planned as Pro and Business). We will announce the prices and terms of paid plans at least 30 days before we charge for them, by email or in the Service. We will never charge you anything without your explicit agreement, and paid plans will come with their own pricing and billing terms that you accept before you pay.

We may set reasonable fair-use limits on the Free plan to protect the Service and other users, and we may change which features are included in the Free plan. We will give you reasonable notice of material changes, and you can then keep using the Free plan, move to a paid plan or stop using the Service.

9. Limitation of liability#

To the extent permitted by law:

  • neither PhraseMine nor its members, managers, employees or suppliers are liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, arising from or related to the Service or these Terms, even if we were told such damages were possible; and
  • our total liability for all claims arising from or related to the Service or these Terms is limited to the greater of the amounts you paid us for the Service in the 12 months before the event giving rise to the claim, or US$100.

Nothing in these Terms limits or excludes liability for fraud, wilful misconduct or gross negligence, for death or personal injury caused by negligence, or any other liability that cannot be limited or excluded by law.

If you are a consumer in the EU or the UK, you keep all the rights that the consumer law of your country gives you and that cannot be waived by contract, and nothing in these Terms affects them. In particular, this section does not limit our liability where the law where you live does not allow it.

10. Indemnity#

You will defend and indemnify PhraseMine against claims by third parties (including respondents and authorities), and the related losses, damages and reasonable costs, arising from your content, your forms, your collection and use of responses, or your breach of these Terms or the law. This section does not apply to consumers to the extent their local law does not allow it.

11. Termination#

  • You can stop using the Service and delete your account at any time on the Profile page (/profile). Download a copy of your data there first.
  • We may suspend or terminate your account for serious or repeated breaches of these Terms, or where the law requires it. For other reasons we will give you at least 30 days' notice.
  • After termination we delete your data as described in the Privacy Policy, including from backups when they expire.
  • Sections that by their nature should survive termination (such as 5, 7, 9, 10, 13 and 14) survive it.

12. Changes to these Terms#

We may change these Terms. We will tell account holders about material changes at least 30 days before they take effect, by email or in the Service. If you keep using the Service after a change takes effect, the new Terms apply. If you disagree, you can delete your account before then.

13. Governing law and disputes#

These Terms, and any dispute arising from or related to them or the Service, are governed by the laws of the State of Delaware, USA, excluding its conflict-of-laws rules. The state and federal courts located in New Castle County, Delaware have exclusive jurisdiction, and you and we consent to their jurisdiction.

If you are a consumer, this section does not take away the protection of the mandatory laws of the country where you live, or your right to bring a claim in the courts of that country.

14. General#

  • Entire agreement: these Terms, together with the Privacy Policy and, where it applies, the Data Processing Addendum, are the whole agreement between you and us about the Service.
  • Severability: if any part of these Terms is found invalid or unenforceable, the rest stays in effect.
  • Assignment: you may not transfer these Terms without our written consent. We may transfer them to a company that takes over HornetForms, for example in a merger or sale of assets, and will tell you if we do.
  • No waiver: if we do not enforce a right, we have not given it up.
  • Notices: we send notices to the email address of your account or show them in the Service. Send notices to us at info@hornetforms.com.
  • Force majeure: we are not responsible for delays or failures caused by events outside our reasonable control.

15. Contact#

PhraseMine LLC, 131 Continental Dr, Suite 305, Newark, Delaware 19713, USA

Email: info@hornetforms.com