AI Terms of Use
These AI (artificial intelligence) Terms of Use (“Terms”) apply to users of the form-building platform (the “Platform”, as used herein) to which we, the Organization (defined below), have provided you access and use.
These Terms are binding and enforceable in all jurisdictions in which the AI Functionality (defined below) is being used and provided. These Terms should be read in conjunction (along) with the privacy policy on our website.
It’s important for you to read, understand, and agree to these Terms before you make use of any AI Functionality made available to you in or through our Platform. Don’t make any use of the AI Functionality if you don’t agree to these Terms. These Terms are our agreement/contract with you regarding AI and AI Functionality.
1. Definitions
In these Terms:
“AI Functionality” includes any and all artificial intelligence functionality, features, tools, products, and integrations on or in connection with the Platform, whether on, in, or made available in, on, or through the Platform.
When we refer in these Terms to you “using” or that you “use” the AI Functionality, it means and includes using, creating, interacting with, and otherwise engaging with the AI Functionality.
“You” and “you” means you, the user of the AI Functionality made available in, on, or through the Platform, whether you are using the Platform on your own behalf as an individual or on behalf of or related to or in connection with your employment, membership, affiliation, or other connection to a company, organization, or other entity.
“We” and “us” (whether capitalized or not) refers to the Organization that has provided you with access to and use of the Platform.
Additional terms are capitalized below.
2. Agreement to these Terms by Using the AI Functionality
By using any or all of the AI Functionality, you are representing and affirming that you have read and understood and agree that you are bound by these Terms, and are of legal age to accept and agree to these Terms. If you use the AI Functionality in connection with or on behalf of your employer, or another company, entity, or organization, you are agreeing to these Terms on behalf of that party and are representing that you have the authority to do so. These Terms form a binding contract between you and us.
Do not use any of the AI Functionality if you don’t agree to these Terms.
3. Input and Output
Data and other content that you and/or your customers, users, and end users input, type in, or submit in connection with using the AI Functionality, such as AI agents, chat bots, AI telephone / phone interactions are referred to in these Terms as “Input”.
Content of any type, and data, that the AI Functionality presents to you or responds with or creates in connection with or as a result of your use or interaction with the AI Functionality are referred to in these Terms as “Output”.
You may use the Output for lawful purposes, subject to these Terms, but you are not permitted to sell, license, or redistribute the Output as your own product without our prior written consent.
You grant us and our agents and providers a perpetual and unconditional and payment-free/royalty-free right and license to use your Input to provide the Platform and AI Functionality to you, and to improve the Platform and AI Functionality.
4. Acknowledgements / Grants of Rights / Specific Agreement Points
By using any of the AI Functionality, you understand, acknowledge and agree that:
AI and AI Functionality, including AI agents, are not human, even where they may seem human or it seems like you’re interacting with a human. In some cases, the AI / AI Functionality, and especially AI “agents” will have or be given a human name, and/or a photo of what is or seems to be a real human will also be used, but when you “talk” to or “chat” with or otherwise interact with such AI Functionality, it is actually artificial intelligence on the other end, not a real person;
Third parties are involved in providing the Platform and some or all of its AI Functionality, and to process data you provide while interacting with the AI Functionality (such parties are referred to herein collectively as “Providers”). Make sure to scroll down to the end of these Terms to see a list of the Providers.
You are solely responsible for AI agents and the like that you create in or through our Platform, whether for chat or simulated phone calls, or for any other use or purpose;
The Providers will process Input and Output, at one or more locations of their choosing, and such place(s) of processing may take place in a different location than where other data is stored or processed in connection with your use of the generally; by using the AI Functionality, you consent and agree to this;
You hereby grant us the unconditional right to allow Providers to access and process your Input and Data, at one or more locations of their choosing, in order to provide and support the AI Functionality that you use, and to help us provide and support your use of the AI Functionality;
If your Input includes personal data or other sensitive data, such data will be processed and possibly made available to or even accessed by Providers;
Input is your responsibility – we are not liable or responsible for any issues or problems, technical or otherwise, that arise out of mistakes or errors you make regarding Input;
Due to the nature of AI, Output may be incorrect, misleading, incomplete, and confusing, and we are not responsible or liable for any such issues or problems that Output may cause you;
You should not rely on any Output that is or seems to be advice, guidance, or diagnosis, of any type, including but not limited to regarding medical issues, law or legal issues, financial matters, or relationships;
While we will not use your Input to train our AI Functionality or any large language models, we make no representation as to whether any of the Providers will do so – they may in fact do so. For this reason, among other reasons, you should review, or have a lawyer review, each Provider’s privacy policy and other AI information and terms of use before using or relying on any AI Functionality, and definitely before providing any personal data as part of your Input. See the list of Providers and subprocessors below;
All of the Providers are third-party beneficiaries of the agreement as to these Terms with you. You agree that each of them may enforce these Terms with respect to you.
5. Use Restrictions
You accept and assume sole responsibility for your use of the AI Functionality.
You accept and assume sole responsibility for any AI agents, chat bots, phone bots, and the like that you create on or in connection with our Platform, and for any issues or problems that third parties experience in connection with such things you have created.
You agree that you will always comply with all applicable laws in connection with your use of the AI Functionality. This means not violating any applicable law, legal right or protection, including but not limited to third parties’ privacy rights and intellectual property rights.
The AI Functionality and the Platform may NOT be used for, or in connection with any of the following, any or all of which may result in your forms being disabled and your account being temporarily suspended or permanently terminated, at our sole discretion:
- Email solicitation, Mass Emailing, Spamming, Phishing, and the like
- Violating anyone’s privacy rights
- Financial/monetary fraud or schemes
- Computer fraud or other computer crimes
- Defamation, discrimination, or harassment
- Funding, encouraging, or facilitating any criminal or other illegal activities
- Promoting, encouraging, or requesting any form of violence or harm to anyone
- Collecting credit card information or third parties’ log-in credentials for other sites or platforms
- Collecting highly sensitive personal information such as social security numbers, national ID cards or numbers, and the like, without what we and/or the Providers deem to be a valid reason for doing so
- Forms that include fields for the submitter to provide the personal information of any third party where the submitter does not have the permission of the third party to provide such information
- Promoting your or other third-party product(s) or service(s) on the Platform or through the AI Functionality
- Promoting products or services on social media platforms or other websites where such actions violate the terms of use or community guidelines of such platforms or websites
- Including a third party’s copyrighted or trademarked content or trade secrets in your form(s) without that party’s permission
- Encouraging violence, bullying, or harm to others
- Gathering, collecting, or asking for or suggesting that form submitters provide pornographic or sexually explicit content, or promoting or encouraging prostitution or other activities involving the exchange of sexual services as part of any transaction
- Any other activity prohibited under these Terms or under applicable law
You agree that we and the Provider(s) of the Platform have the absolute and unconditional right to remove any form that we in our sole discretion believe is being used or may be used in connection with any of the above prohibited purposes or activities, whether such use is by you or others such as form responders who may use your forms. In cases where we remove a form, we may at our sole discretion also disable your access to any past or future submissions to such forms.
You and your agents hereby forever release the Organization and our agents and Providers from any and all responsibility for any and all wrongs and violations of our terms or of the law committed by you relating to your use of the Platform, including the AI Functionality.
You agree not to reproduce, duplicate, reverse engineer, copy, sell, resell, or exploit for any commercial purposes the Platform or any portion thereof or the offer or sell the right to use the Platform.
You agree that, if in our sole discretion we determine that your forms are collecting or intend to collect highly sensitive information, we may ask you for information of whatever nature we deem appropriate in order to determine whether you appear to have a valid reason for collecting such information, and that if we are not satisfied after that review that you do have a valid reason, we may permanently disable the forms.
You agree that we have the absolute and unconditional right to remove or disable any AI agents or other AI functionality you create on or through the Platform, if we believe in our sole discretion that you or what you have created violate any of these Terms.
You agree not to reproduce, duplicate, reverse engineer, copy, sell, resell, or exploit for any commercial purposes any AI Functionality that we or our Providers have provided for your use.
6. Use of Input & Data
You accept and agree that you have sole responsibility for the information, data, and content (collectively “Data”) you receive or collect from third parties through (a) AI agents, chat bots, and like that you create in or through the Platform, and (b) forms you have created or used on the Platform using AI Functionality, and for what you do with that Data. You agree that the Organization and our agents and Providers are not responsible for and do not own any Data.
You hereby authorize us and our Providers to access, use and display both Input and Data, and Output, for the purpose of and to the extent we or they deem necessary in our or their sole discretion to provide the Platform and the AI Functionality to you, to provide customer support to you, to protect and serve our other customers and users, to secure and protect our online and computer resources from intrusions and cyberattacks, and to fulfill our and their legal obligations and to exercise our and their legal rights.
See our privacy policy on our website for more info on how the Organization may gather, use, and disclose personal and personal information to which we are given access in connection with our provision of the Platform and the AI Functionality. We will never sell or rent your personal info to any other party.
If you use AI Functionality in connection with the collection of personal data in or from the EU or EU residents, you must use the EU Safe Forms feature of the Platform.
7. Term and Termination
You are permitted to use the AI Functionality for the period of time during which your subscription to use the Platform is active. You agree that your access to the Platform will be permanently shut off if you materially breach any provision of these Terms.
8. No Warranties
THE AI FUNCTIONALITY IS PROVIDED AS-IS. ANY AND ALL IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE AI FUNCTIONALITY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. Arbitration Agreement / Hold Harmless / Release
You agree that, to the fullest extent permitted by law: Any and all disputes between you and us or our Providers will be resolved by binding arbitration before a single arbitrator at and under the auspices of JAMS in San Francisco California if you are in the US, or at the closest ICC office to you if you are outside the US; the arbitrator shall not have the authority to issue or award any form of injunctive relief, or any type of damages listed in Section 11 below; and for any claims that are not subject to arbitration under applicable law, YOU AND WE WAIVE A JURY TRIAL.
You and any other person or entity on whose behalf you have used the AI Functionality further agree to defend, indemnify, and hold harmless us and our Providers and our and their officers, directors, and employees against any and all legal claims brought or asserted by third parties as a result of your violation of any of the terms herein.
You and your agents hereby forever release us and our Providers and our and their officers, directors, and employees from any and all responsibility for any and all wrongs and violations of our terms or of the law committed by you relating to your use of the AI Functionality.
10. Limitation of Liability
EXCEPT AS IMPERMISSIBLE UNDER LAW, IN NO EVENT SHALL OUR LIABILITY OR THE LIABILITY OF THE PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS AND THIS AGREEMENT WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING WHEN THE CLAIM AROSE.
WE AND OUR PROVIDERS ACCEPT NO LIABILITY FOR THE ACTIONS OF ANY THIRD PARTY YOU ENGAGE OR WORK WITH TO ASSIST OR HELP YOU WITH YOUR USE OF THE AI FUNCTIONALITY, OUR PLATFORM, AI AGENTS, OR FORMS.
11. Limitation on Types of Damages
EXCEPT IF AND TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL WE OR THE PROVIDERS OR YOU BE LIABLE TO EACH OTHER FOR ANY OR ALL OF THE FOLLOWING TYPES OF DAMAGES, WHETHER ARISING AT COMMON LAW OR BY STATUTE: DAMAGES FOR LOST PROFITS, LOST TIME, LOST BUSINESS, OR LOST REVENUES, REIMBURSEMENT OF MONIES PAID BY YOU TO THIRD PARTIES TO HELP YOU USE OR LEARN TO USE THE AI FUNCTIONALITY OR THE PLATFORM OR TO DEAL WITH REAL OR PERCEIVED ISSUES WITH THE AI FUNCTIONALITY OR THE PLATFORM, FOR ANY FORM OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY DAMAGES ARISING FROM OUR DISPLAY OR USE OF FORMS OR AI AGENTS OR OUTPUT IN WHOLE OR PART, OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR THE AI FUNCTIONALITY OR OUR OPERATION OF THE PLATFORM, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
THE LIMITATIONS SET FORTH IN THIS SECTION 11 SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH CLAIMS ARE BROUGHT.
12. Other Provisions
A. AI Functionality Availability. We and the Providers make no warranty that the AI Functionality or any part thereof, including but not limited to AI agents and chatbots, will be available all or most of the time or that they will work error-free or meet your needs or expectations. You are solely responsible for any issues, problems, or damage you experience because of any mistakes or errors you make in connection with creating or using AI agents and AI Functionality.
B. Assignment. You may not assign any or all of your rights or obligations under these Terms without our prior written consent. If we do give our consent, you agree to ensure that the assignee agrees in writing to the terms of these Terms.
C. Relationship of the parties; No Third-Party Beneficiaries. The parties hereto are independent entities. Nothing in these Terms creates or will create any partnership, joint venture, agency, franchise, or employment relationship between the parties. There are no third-party beneficiaries to this Agreement other than the Providers.
D. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the US state in which we are headquartered, excluding its conflicts of law provisions.
E. Limitations Period. The parties agree that no claim shall be initiated or filed against the other party more than one year after the cause of action arises.
F. Manner of Giving Notice. Notices regarding these Terms shall be in writing and addressed to us at the “contact us” or similar link on our website.
G. Force Majeure. We and the Providers shall not be liable to you for any delay or failure to perform hereunder (excluding payment obligations which may be delayed but not excused) due to circumstances our reasonable control, including acts of God, acts of government, pandemic, flood, fire, earthquakes, civil unrest, acts of terror, labor strikes, service disruptions involving hardware, software or power systems not within our reasonable control, and denial of service attacks.
H. Entire Agreement. These Terms represent the entire agreement of the parties concerning the subject matter thereof and are intended to be the final expression of their parties’ agreement and intent. These Terms supersede all prior and contemporaneous agreements, proposals, and representations, whether written or oral. The parties agree that any terms or conditions stated or referenced in or on a document or documents other than These Terms that contradict These Terms are null and void. No amendment, addendum, or other document the intent of which is to add to or otherwise modify the Agreement, or waiver of any provision of These Terms, shall be effective unless in writing and signed by both parties.
I. Severability; Construing; Counterparts. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect. The parties expressly agree that These Terms shall not be construed against either party as the drafter.
J. Term and Termination. Upon the expiration of your subscription, your rights to use the AI Functionality will immediately cease, and you agree to immediately stop using the Platform and the AI Functionality. Note that Any termination will not affect your obligations to us under these Terms. Sections 4 through 12 of these Terms shall survive (continue to be in force) after the expiration of your subscription period. You agree that we have the right to suspend or permanently disable your forms and your account and subscription if you breach any provision of these Terms.
K. Modifications To Terms. We may, in its sole and absolute discretion, modify these Terms from time to time. If you object to any such changes, your sole recourse shall be to cease using the Platform and the AI Functionality. Continued use of them following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
L. Links. You acknowledge, understand, and agree that we and the Providers do not endorse or bear any responsibility for any other third party’s website, product, or service that we mention or link to on our website or in connection with the Platform. This includes but is not limited to the AI Functionality.
M. No Waiver / Headings. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.
N. Providers. By using the AI Functionality, you consent to the us and to our Providers performing all actions we and they deem necessary for you to make use of the AI Functionality.
O. Privacy / Tracking. By visiting the Website and/or using the Platform or the AI Functionality, you acknowledge that we and the Providers may use tracking cookies and similar technologies to better understand visitor and user behavior, and you waive any and all claims against us arising out of our use of those technologies.
Providers
The following Providers are involved in the provision and/or operation of the Platform, or they provide goods and/or services in connection therewith, and they may process data provided by the user of the Platform and the AI functionality, and data of third parties of such parties such as the user’s customers or end users or form responders.
| Entity | Service Provided | When Used | Personal Data Processed | Privacy Policy |
| Amazon Web Services, Inc. (AWS) | Data storage | Used when Google Cloud is not used. | User account information.Form responder data.Parties who provide such data in interactions with artificial intelligence (AI) as described in this table. | View |
| Google LLC / Google Cloud EMEA Ltd / Google Australia Pty Ltd. / Google Cloud Canada Corporation | Data storage | Google Cloud is used for data storage. | User account information.Form responder data.Parties who provide such data in interactions with AI as described in this table. | View |
| Google LLC / Google Cloud EMEA Ltd / Google Australia Pty Ltd. / Google Cloud Canada CorporationGoogle LLC | AI (artificial intelligence) | Used if our user enables AI tool creation and use. | Data provided in use of AI tools and creation of AI agents. | View |
| Google LLC | Google Workspace | Day-to-day operation of the business of the Organization and our Providers. | Data provided in use of AI tools and creation of AI agents. | View |
| Jotform Inc. | Platform technology, design, and operation | Day-to-day operation of the Platform | User account information.Form responder data.Parties who provide such data in interactions with the AI Functionality (as defined in the Terms above). | View |
| OpenAI | AI (artificial intelligence) | Used if our user enables AI tool creation and use | Data provided in use of AI tools and creation of AI agents. | View |
| Deepgram | AI voice technology | Used if our user enables AI call features, e.g., voice generation, text-to-speech | Data disclosed to users of the Platform by their customers & other third parties in AI-guided interactions. | View |
| ElevenLabs | AI voice technology | Used if our user enables AI call features, e.g., voice generation, text-to-speech | Data disclosed to users of the Platform by their customers & other third parties in AI-guided interactions. | View |
| Twilio | AI-based customer engagement | Used if our user enables AI features for interaction with their customers | Data disclosed to users of the Platform by their customers & other third parties in AI-guided interactions. | View |
