Terms of Service

Last updated: November 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Formtone. ("Company," "we," "us," or "our") concerning your use of our website, applications, and services (collectively, the "Services").

By accessing and using formtone, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Use License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services in accordance with these Terms. This license does not include the right to:

Reproduce, duplicate, or copy the Services for any purpose

Modify or alter the Services or create derivative works

Reverse engineer, decompile, disassemble, or attempt to derive the source code

Remove or alter any proprietary notices or labels

Transfer, sell, or assign your account or rights to another person

Use the Services for any illegal or unauthorized purpose

Access or use the Services to develop competing products or services

3. Account Registration

To use certain features of the Services, you must create an account. You agree to:

Provide accurate, truthful, and complete information

Maintain the confidentiality of your password

Be responsible for all activities under your account

Notify us immediately of unauthorized access

Not impersonate or represent yourself as another person

We reserve the right to suspend or terminate accounts that violate these Terms or engage in unauthorized use.

4. User Responsibilities

You agree not to use the Services:

For any illegal or unauthorized purpose

In violation of any applicable laws or regulations

To transmit viruses, malware, or harmful code

To conduct phishing, fraud, or unauthorized access attempts

To harass, abuse, or threaten other users

To spam or send unsolicited communications

To access unauthorized portions of the Services

To interfere with the operation or security of the Services

To collect or track personal information of others

5. Acceptable Use Policy

You must comply with all applicable laws and regulations. You are prohibited from:

Using the Services to collect personal data without consent

Storing or transmitting data that violates privacy laws (GDPR, CCPA, etc.)

Using the Services for automated scraping or data extraction

Circumventing rate limits or API restrictions

Creating multiple accounts to circumvent usage limits

Reverse engineering or attempting to access source code

6. Paid Services and Billing

6.1 Payment Terms

If you subscribe to a paid plan, you agree to pay the fees according to the pricing displayed at the time of purchase. All fees are exclusive of applicable taxes, which you are responsible for paying.

6.2 Billing Information

You agree to provide accurate billing and payment information. We use third-party payment processors to process payments. Your payment information is subject to their terms and privacy policies.

6.3 Recurring Billing

Paid plans renew automatically on a monthly or annual basis. You may cancel your subscription at any time through your account settings. Cancellations will take effect at the end of your current billing period. No refunds will be issued for partially used months.

6.4 Free Trials

Free trial periods are offered to new users for limited durations. Your paid subscription will begin on the day your trial ends. You must provide valid payment information to activate a trial. Cancellation of trials must occur before the trial period ends to avoid charges.

6.5 Refund Policy

We offer a 30-day money-back guarantee for your first monthly subscription. All other payments are non-refundable. Contact support@formtone.io to request a refund within 30 days of your first payment.

7. Usage Limits and Restrictions

Each plan includes specific usage limits (submissions per month, data retention periods, etc.). You agree not to:

Exceed the usage limits of your plan

Attempt to circumvent usage limits through multiple accounts

Use the API in a way that adversely affects the Services or other users

Make excessive API requests that disrupt service

We reserve the right to throttle, suspend, or terminate service for accounts that consistently exceed limits or violate these restrictions.

8. Intellectual Property Rights

8.1 Company IP

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, code, and documentation, are the exclusive property of formtone or its licensors. These materials are protected by copyright, trademark, and other intellectual property laws.

8.2 User Content

You retain all rights to any content you submit through the Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content solely for the purpose of providing the Services.

8.3 Feedback

We appreciate your feedback. You grant us the right to use any suggestions, feedback, or ideas you provide without compensation or attribution.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.

We do not warrant that:

The Services will meet your requirements

The Services will be uninterrupted, timely, or error-free

Results obtained from the Services will be accurate or reliable

Any defects in the Services will be corrected

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORMTONE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF FORMTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL FORMTONE'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID TO FORMTONE IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS LESS.

11. Indemnification

You agree to indemnify, defend, and hold harmless formtone and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorneys' fees) arising from:

Your use of the Services

Your violation of these Terms

Your violation of any applicable law or regulation

Your content or data submitted through the Services

Your infringement of any third-party rights

12. Service Availability and Maintenance

We strive to maintain 99.5% uptime, but do not guarantee continuous availability. We may perform maintenance or updates that temporarily interrupt the Services. We will notify you of scheduled maintenance when possible.

We are not liable for any unavailability or interruptions of the Services, except as required by applicable law.

13. Termination

We may terminate or suspend your account and access to the Services immediately, without notice or liability, for any reason, including if you violate these Terms.

Upon termination, your right to use the Services will immediately cease. Your data will be retained according to our Privacy Policy and applicable legal requirements.

14. Modification of Terms

We may modify these Terms at any time. If we make material changes, we will notify you by email or by posting the revised Terms on our website. Your continued use of the Services constitutes acceptance of the revised Terms.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco, California for the resolution of any disputes.

16. Data Protection and Compliance

16.1 GDPR Compliance

If you are located in the European Union, formtone complies with the General Data Protection Regulation (GDPR). We have implemented appropriate technical and organizational measures to protect personal data. We process personal data only on your behalf and in accordance with your instructions.

16.2 CCPA Compliance

If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA). Please refer to our Privacy Policy for information about your rights and how to exercise them.

16.3 HIPAA

formtone does not provide services to covered entities under HIPAA. If you require HIPAA-compliant services, please contact us before using the Services.

17. Contact Information

If you have questions about these Terms or need to contact us regarding your use of the Services:

Email: support@formtone.io

Response Time: We aim to respond to all inquiries within 5 business days.

Thank you for reading our Terms of Service. If you have any questions or concerns, please don't hesitate to reach out to our support team at support@formtone.io.