Terms of Service

These Terms of Service ("Terms") govern your access to and use of the MagicForm platform, website, and related services (collectively, the "Service") operated by MagicForm ("we", "us", "our"). 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 to these Terms.

1. Account

1.1. You must create an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

1.2. You must provide accurate and complete information when creating your account. You agree to update this information promptly if it changes.

1.3. You must be at least 16 years of age to use the Service. If you are under 18, you represent that your parent or legal guardian has consented to these Terms.

1.4. You may not share your account credentials with others or allow multiple people to use the same account, unless your plan explicitly permits multiple team members.

1.5. You must notify us immediately at legal@getmagicform.com if you become aware of any unauthorized use of your account.

2. The Service

2.1. MagicForm provides a web-based platform for building, embedding, and managing forms. The Service includes the form editor, embeddable form widget, submission collection, analytics, integrations with third-party services, and related features.

2.2. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms and your subscription plan.

2.3. We may update, modify, or discontinue features of the Service at any time. We will make reasonable efforts to notify you of material changes, but are not obligated to maintain any specific feature.

3. User Content

3.1. "User Content" means any content you create, upload, or configure through the Service, including form structures, field configurations, theme settings, success screen content, images, files, integration configurations, and any data collected through your forms ("Submission Data").

3.2. You own your User Content. We do not claim ownership over your forms, configurations, or Submission Data. You grant us a limited license to host, store, process, and display your User Content solely as necessary to provide the Service to you.

3.3. You own your Submission Data. All data collected through your forms belongs to you. We process Submission Data on your behalf as a data processor. Our handling of personal data is described in our Privacy Policy.

3.4. You are solely responsible for the content of your forms and the data you collect. You must ensure that your forms comply with applicable laws, including data protection regulations (such as the GDPR), and that you have obtained any required consent from individuals whose data you collect.

3.5. You are responsible for maintaining your own backups of User Content. While we take reasonable measures to protect your data, we are not a backup service.

4. Acceptable Use

4.1. You agree not to use the Service to:

• Collect personal data without appropriate legal basis or consent
• Distribute spam, phishing attempts, or malware
• Collect payment card numbers, bank account details, or other financial credentials directly through form fields (use a certified payment processor instead)
• Impersonate another person or entity
• Violate any applicable law or regulation
• Infringe on the intellectual property rights of others
• Collect data from children under 16 without verifiable parental consent
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to the Service or related systems
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or redistribute the Service without our written consent
• Use the Service to build a competing product

4.2. We reserve the right to suspend or terminate your account if we reasonably determine that you have violated these acceptable use terms. Where possible, we will notify you and provide an opportunity to remedy the violation before suspension.

5. Embed Code & Widget

5.1. The MagicForm embed code and widget script are provided for the purpose of embedding your forms on websites you own or have authorization to modify.

5.2. You may not modify, obfuscate, or redistribute the widget script. You may not remove or alter MagicForm attribution where required by your plan.

5.3. The embed widget renders inside a Shadow DOM container. We are not responsible for conflicts caused by modifications to the widget code or by third-party scripts that interfere with the widget's operation.

6. Third-Party Integrations

6.1. The Service allows you to connect with third-party services (such as HubSpot, Slack, Google Sheets, and webhook endpoints). These integrations are governed by the terms of the respective third-party services.

6.2. When you connect a third-party service, you authorize MagicForm to transmit your Submission Data to that service as configured by you. You are responsible for ensuring that such data transmission complies with applicable laws and the third-party's terms.

6.3. We are not responsible for the availability, accuracy, or conduct of third-party services. If a third-party service becomes unavailable, we will retry delivery according to our published retry policy, but we do not guarantee successful delivery.

6.4. OAuth tokens for third-party services are encrypted at rest. If you revoke access to a connected service, pending deliveries to that service will fail.

7. Subscription & Billing

7.1. The Service is offered under subscription plans as described on our pricing page. Some features may be limited or unavailable depending on your plan.

7.2. Paid subscriptions are billed in advance on a monthly or annual basis, as selected at the time of purchase. All fees are stated in euros and are exclusive of applicable taxes unless otherwise noted.

7.3. You authorize us to charge your payment method for the fees associated with your selected plan. If payment fails, we may suspend access to paid features after providing reasonable notice.

7.4. You may upgrade or downgrade your plan at any time. Upgrades take effect immediately. Downgrades take effect at the end of your current billing period.

7.5. You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. We do not provide refunds for partial billing periods, except where required by applicable law.

7.6. We reserve the right to change our pricing. We will notify you at least 30 days before any price increase takes effect. If you do not agree to the new pricing, you may cancel your subscription before the change takes effect.

7.7. Free plans may be subject to usage limits. We reserve the right to modify or discontinue free plans at any time with reasonable notice.

8. Intellectual Property

8.1. The Service, including its design, code, documentation, branding, and all related intellectual property, is owned by MagicForm and protected by copyright, trademark, and other intellectual property laws.

8.2. These Terms do not grant you any right to use MagicForm's name, logo, or trademarks without our prior written consent.

8.3. We welcome feedback and suggestions about the Service. By submitting feedback, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

9. Privacy & Data Protection

9.1. Our collection and use of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference.

9.2. With respect to Submission Data containing personal data of third parties (e.g., people who fill out your forms), you are the data controller and we are the data processor. We process such data solely on your instructions as configured through the Service.

9.3. We implement appropriate technical and organizational measures to protect data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).

9.4. If required under the GDPR or other applicable data protection law, we will enter into a Data Processing Agreement with you upon request.

10. Service Availability

10.1. We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service is provided on an "as available" basis.

10.2. We may perform scheduled maintenance that temporarily affects availability. We will make reasonable efforts to notify you of planned downtime in advance.

10.3. We are not responsible for downtime caused by factors beyond our reasonable control, including internet service provider failures, force majeure events, or third-party service outages.

11. Disclaimer of Warranties

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

11.2. We do not warrant that the Service will meet your specific requirements, that results obtained from the Service will be accurate or reliable, or that any errors in the Service will be corrected.

11.3. Any content or data downloaded or otherwise obtained through the Service is accessed at your own discretion and risk.

12. Limitation of Liability

12.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGICFORM AND ITS DIRECTORS, EMPLOYEES, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE.

12.2. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED EUROS (EUR 100), WHICHEVER IS GREATER.

12.3. These limitations apply regardless of the legal theory on which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

12.4. Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

13. Indemnification

13.1. You agree to indemnify and hold harmless MagicForm and its directors, employees, and suppliers from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your User Content or Submission Data
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Any claim by a third party related to data you collected through the Service

14. Termination

14.1. You may terminate your account at any time by contacting us at legal@getmagicform.com or through the account settings in the Service.

14.2. We may suspend or terminate your account if:

• You breach these Terms
• Your account is inactive for more than 12 consecutive months (free plans only)
• We are required to do so by law
• We discontinue the Service (with at least 30 days notice)

14.3. Upon termination, your right to use the Service ceases immediately. We will make your Submission Data available for export for 30 days following termination, after which we may delete it.

14.4. Sections that by their nature should survive termination will survive, including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law.

15. Modifications to Terms

15.1. We may update these Terms from time to time. When we make material changes, we will notify you by email or through the Service at least 14 days before the changes take effect.

15.2. Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree with the updated Terms, you may terminate your account before they take effect.

16. General

16.1. These Terms constitute the entire agreement between you and MagicForm regarding the Service and supersede all prior agreements.

16.2. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

16.4. You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.

16.5. Nothing in these Terms creates a partnership, joint venture, or agency relationship between you and MagicForm.

17. Governing Law & Disputes

17.1. These Terms are governed by and construed in accordance with the laws of the Netherlands.

17.2. Any disputes arising from these Terms or the Service shall be submitted to the exclusive jurisdiction of the competent courts in the Netherlands.

17.3. Before initiating legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days.

Contact

If you have questions about these Terms, contact us at:

MagicForm (Always be Shipping B.V.)
Email: legal@getmagicform.com