Terms of Service

Please read these Terms of Service carefully before using FormLab.AI. By accessing or using our service, you agree to be bound by these terms.

Effective Date: December 22, 2024

Account & Eligibility

You must be at least 18 years old to use FormLab.AI. When creating an account, you agree to provide accurate information and maintain account security. You're responsible for all activities under your account.

Privacy & Data Protection

We take your privacy seriously. Your data is protected according to our Privacy Policy, and we implement robust security measures to protect your information.

Billing & Payments

We offer free and paid plans. For paid subscriptions, you authorize recurring billing. Any billing disputes must be initiated within 30 days of the charge. No refunds are provided for fees already paid.

AI Services Disclaimer

Our AI-powered features are probabilistic in nature. While we strive for accuracy, you acknowledge that any decisions based on AI-generated insights are at your own risk.

Prohibited Activities

Users must not use FormLab.AI for illegal purposes, hate speech, phishing, fraud, or any activities that could harm or disrupt our services or other users.

Support & Contact

For any questions about these Terms or our Services, contact us at [email protected]. Our support team is ready to assist you with any concerns.

Detailed Terms of Service

Introduction

Welcome to FormLab.AI ("FormLab.AI," "we," "us," or "our"). By creating an account or otherwise using our website, platform, and related services ("Services"), you ("User," "you," or "your") agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not access or use our Services.

These Terms govern your use of FormLab.AI, an AI-First Form Builder and Online Survey Management platform operated by GIGABRAINLAB LLC. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms.

1. Legal Entity and Governing Agreement

1.1 Operator Information

FormLab.AI is operated by GIGABRAINLAB LLC, organized under the laws indicated in our Privacy Policy. References to "FormLab.AI," "we," or "us" in these Terms are to GIGABRAINLAB LLC and its affiliates.

1.2 Acceptance of Terms

By creating an account, accessing, or using the Services, you agree to abide by these Terms, our Privacy Policy, and any additional guidelines, rules, or policies we may post. If you do not agree, you must discontinue use of our Services immediately.

2. Definitions

  • "Platform" or "Services" refers to the online form builder, survey management capabilities, AI-powered features, analytics, reports, and any associated services provided by FormLab.AI.
  • "User" or "You" means any individual or entity accessing or using our Services, whether as a form creator or form respondent.
  • "Content" means any data, information, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials submitted, posted, or displayed on or through the Services.
  • "User-Generated Content" refers to forms, questions, responses, or other content created and managed by you within the Platform.

3. Eligibility and Account Registration

3.1 Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or otherwise use our 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.

3.2 Account Registration

To access certain features (including form creation, AI analytics, and more), you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy. You are responsible for all activities that occur under your account.

3.3 Security of Your Account

Keep your account credentials (username and password) confidential. You are responsible for any unauthorized access to your account resulting from your failure to protect your credentials. Please notify us immediately at [email protected] if you suspect any unauthorized use of your account.

4. Description of Services

4.1 Form and Survey Building

FormLab.AI provides an AI-First platform to create, host, and manage online forms and surveys. Users may leverage AI-powered features to design forms, analyze responses, generate reports, and even chat with the submissions data for deeper insights.

4.2 Planned Enterprise Support

While enterprise support and specialized services may be offered in the future, they are not currently available. We reserve the right to expand or modify service offerings at our discretion.

5. Subscriptions, Billing, and Payments

5.1 Free and Paid Plans

  • Free Plan: Provides limited features and usage quotas (which may change from time to time).
  • Paid Plans: Offer enhanced or unlimited features, including advanced AI functionalities, monthly usage allowances, and additional tools. Paid plans may be available on a monthly, yearly, or pay-once-use-forever basis.

5.2 Billing

  • Recurring Billing: If you choose a monthly or yearly subscription, you authorize FormLab.AI (via its third-party payment processor) to charge your selected payment method on a recurring basis.
  • One-Time Payment: For the pay-once-use-forever plan, you will be charged a single fee which grants you indefinite access to the purchased features, subject to these Terms.

5.3 Cancellation

You may cancel your subscription at any time. However, no refunds will be provided for any fees already paid, including monthly, yearly, or pay-once-use-forever plans.

5.4 Payment Processor

We use third-party services such as Stripe for payment processing. By paying for our Services, you agree to abide by the third-party payment processor's terms and conditions.

5.5 Billing Disputes

If you believe you have been incorrectly billed or a billing error has occurred, you must initiate any billing dispute within thirty (30) days of the date of the disputed charge. Failure to dispute a charge within that time frame will result in your waiver of claims related to the disputed charge.

6. Acceptable Use Policy

By using our Services, you agree not to:

  • Use FormLab.AI to create, host, or distribute any form or survey that is hateful, explicit, or involves phishing attempts, fraud, or any illegal activities.
  • Collect or solicit data from minors or otherwise violate child protection regulations.
  • Engage in activities that could harm or disrupt the Services or other users' access to the Services.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of our Services.
  • Infringe upon or violate the intellectual property rights or any other rights of any party.
  • Upload or transmit viruses, malware, or any other harmful code that could interfere with the functionality of the Services or third-party software or hardware.
  • Circumvent or attempt to circumvent any security features or usage limits of the Platform.

Violations of this Acceptable Use Policy may result in account suspension or termination, as well as potential legal consequences.

7. User-Generated Content and Privacy

7.1 User-Generated Content

You retain all rights to the data, content, and materials you create or submit via the Platform ("User-Generated Content"). FormLab.AI does not share or make public your private forms or responses unless legally obligated or explicitly authorized by you.

7.2 Privacy Policy

Any personal data we collect from you or from form respondents is governed by our Privacy Policy. By using the Services, you acknowledge that you have read and understood our Privacy Policy, which is incorporated by reference into these Terms.

8. Intellectual Property and Ownership

8.1 FormLab.AI Content

All content, trademarks, service marks, and logos used in connection with FormLab.AI are owned by or licensed to GIGABRAINLAB LLC. Except as expressly provided in these Terms, no rights are granted to you to use or reproduce any FormLab.AI trademarks or copyrighted materials.

8.2 Limited License

Subject to your compliance with these Terms, FormLab.AI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services. This license does not include any resale or commercial use of the Services or their contents, nor does it permit any derivative use of the Services.

9. AI Disclaimer

9.1 Nature of AI Services

Our platform includes AI-powered features that analyze form submissions, generate insights, or create recommendations ("AI Services"). While we strive to ensure accuracy, AI technologies are inherently probabilistic, and the results or recommendations provided may not be 100% accurate.

9.2 No Warranty for AI Output

You acknowledge that any decisions or actions taken based on AI-generated insights or recommendations are solely at your own risk. FormLab.AI disclaims all liability arising from reliance on AI outputs. Always use your judgment and consider professional advice for critical or sensitive decisions.

10. Third-Party Services & Integrations

Our Services may integrate or interoperate with third-party services (e.g., payment processors, analytics providers, AI model vendors). We do not control these third-party providers and are not responsible for their content, functionality, or policies. Your use of such third-party services is governed by their respective terms and policies.

11. Termination

11.1 Termination by FormLab.AI

We reserve the right to suspend or terminate your account and access to the Services, with or without prior notice, if we determine that you have engaged in illegal, prohibited, or illicit activities; violated these Terms; or otherwise used the Services in a manner that could cause us legal liability or disrupt others' use of the Services.

11.2 Effect of Termination

Upon termination, all licenses granted to you under these Terms will cease, and you must discontinue all use of the Services. Any outstanding payment obligations still apply. We will have no liability to you or any third party for account termination.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FORMALAB.AI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL FORMALAB.AI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, REVENUES, OR DATA) ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF FORMALAB.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FORMALAB.AI'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO FORMALAB.AI IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless FormLab.AI, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorneys' fees) arising from:

  • Your use of and access to the Services;
  • Your violation of any term of these Terms;
  • Your violation of any third-party right, including without limitation any intellectual property or privacy right; or
  • Any claim that your use of the Services caused damage to a third party.

15. Governing Law & Dispute Resolution

15.1 Governing Law

Unless otherwise required by applicable law, these Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which GIGABRAINLAB LLC is established (as indicated in our Privacy Policy), without regard to conflict-of-laws principles.

15.2 Dispute Resolution

At our discretion, we may require you to submit any dispute arising from these Terms or your use of the Services to final and binding arbitration under the rules of a mutually agreed-upon arbitration organization. If no agreement is reached, disputes may be resolved in the courts of competent jurisdiction in the governing law's forum.

16. Modifications to the Services

We reserve the right to modify, update, or discontinue the Services (or any part thereof) at any time, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. We will make reasonable efforts to notify you via email or website announcements when significant changes occur.

17. Notices

All notices you provide to us should be sent via email to [email protected]. We may give notice to you at the email address registered with your account, or by posting a notice within the Services. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional guidelines or rules posted on the Platform, constitute the entire agreement between you and FormLab.AI regarding your use of the Services. Any prior agreements or understandings are superseded by these Terms.

18.2 Severability

If any provision of these Terms is held by a court or arbitration authority to be invalid or unenforceable, that provision shall be deemed severable from these Terms, and the remaining provisions shall remain in full force and effect.

18.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time without restriction.

18.5 Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and FormLab.AI.

18.6 Headings

Section headings in these Terms are for convenience only and have no legal or contractual effect.

Privacy Policy Reference

Please see our Privacy Policy for details on how we collect, use, and protect your personal information.

By accessing or using FormLab.AI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree, please discontinue use of the Services immediately.

Contact Us

If you have any questions about these Terms, please contact us:

By email: [email protected]

Address: GIGABRAINLAB LLC

1603 CAPITOL AVE SUITE 413G-819

CHEYENNE, WYOMING, 82001