UPDATED: October 22ND, 2022
The services provided by MakeForms can be used by any person if the terms of service are respected. If the account is suspected of using MakeForms for any kind of illegal activities, then MakeForms may exercise the right to disable the account immediately without giving any reason or refund for the same. MakeForms encourages everyone to read these terms and conditions (“Terms”) before signing up for the MakeForms application. While you use MakeForms.io or any other app branded under the name “MakeForms”, you accept these Terms irrespective of whether you choose to signup or register with us or not. You may not use the services MakeForms provide if you choose not to accept these terms.
MakeForms offers it’s form-building platform to customers under a variety of plans & packages ranging from free trials to a number of paid subscriptions. Detail about is and every plan is clearly mentioned on our pricing page available at http://makeforms.io/pricing
MakeForms and it’s services comply with applicable privacy laws and we are making every possible effort to comply with country or market-specific regulations. If you need more information or have specific questions with respect to the regulation, please contact our team at firstname.lastname@example.org. MakeForms cannot be held responsible for any loss ot costs caused by abnormal and unforeseeable circumstances that are not within reasonable control, that would have been unavoidable even after taking all the efforts to the contrary, e.g industrial action causing delays or failures, problems with third party system or network, virus or malware, mechanical failure or data-processing failures. The terms are governed by and construed in accordance with Indian law. Any disputes in relation to these Terms and Conditions are subject to the exclusive jurisdiction of the Indian courts. We strongly encourage you to read and understand the terms and conditions of each and every platform that MakeForms has built an integration with if you are using any such integration.
MakeForms website is accessible and delivers information about the product without registration. However, all the platform functionalities can be accessed only by registered users. While registering, you are accepting these Terms and Conditions. If you wish to not accept these Terms and conditions, you are requested to leave the website immediately. We update these Terms periodically and all our users are notified about these updated terms and conditions by email and in-app notifications. On using additional or third-party services, you are subjected to the additional terms and conditions imposed against the specific use of the services and we suggest you read carefully to address your questions.
While you sign up for using our services, we may ask you to provide certain personal information that is needed to create and maintain your account. You may, at any given moment, access this personal information from the Profile section. We will neither share nor disclose or sell your personal information to anyone. All the data received through the forms built by you using MakeForms is readable and accessible only to you. We never read or access your data ever. The personal information and data received are secured with high confidentiality and will never be released, unless required by authorities. You may receive periodical marketing messages about our services which you can opt-out.
All the submissions or records received through the forms created by you are private and exclusively available only to you [ the account owner ]. MakeForms will never disclose the data received through form submissions under any circumstances, unless and until specifically requested by legal authorities. Submissions are stored securely on our database servers and protected against unauthorized access, interference, modification, loss, misuse, and disclosure.
The forms created on MakeForms can be viewed, and unfilled to anyone using a link or embed options to show them the platform’s capabilities. You are free to recommend our services to anyone who you feel can benefit from our services.
Any web form or survey created by the end-user using MakeForms along with any information gathered through those web forms and surveys belong to the end-user and neither MakeForms nor the Customer can hold ownership over them or be liable for them.
All the forms created using MakeForms are served via AWS infrastructure, located in the US. We monitor our platform 24/7 and security is our top priority. All the forms are served over HTTPS via a 256-bit SSL encryption. The SSL encryption is a standard offering independent of the service pan our customer subscribes to [ Free or Paid ]. We ensure security through various other security features including but not limited to captcha protection, anti-spam features, HIPAA & SOC-2 Compliance [ coming soon ]. You can read more about our security feature at https://makeforms.io/security-compliance/
You may wish to perform a pentest on our platform. However, doing so is forbidden without explicit permission from MakeForms. Feel free to reach out to your account manager or customer care team to get more details.
Each time we are required by the applicable law or, otherwise, want to use this legal basis, we will request your free, informed, specific, and unequivocal consent for the processing of your Personal Data. By expressing your consent, you agree that we can collect, use, reveal, process and transfer your Personal Data in accordance with this Policy.
CATEGORIES OF PERSONAL DATA, PURPOSES OF PROCESSING, AND LEGAL GROUNDS
1.1. Browsing data
Computer systems and software procedures used for the Site’s operation acquire, during their normal operation, some information (so-called log files), the transmission of which is implicit in the use of internet communication protocols. This information is not collected in order to be associated with identified persons, but due to its nature can, by means of processing and integration with data held by third parties, allow users to be identified. Such information includes the IP addresses, the time of the request, the method used to submit the request to the server, the size of the file obtained in reply, and other parameters concerning the user’s operating system and computer environment. Insofar such information leads to the identification of a user, the provisions of this Policy shall become applicable.
|Purpose of processing||Legal ground|
|We use this data for the sole purpose of obtaining anonymous statistical information concerning the use of the Site and to check its correct operation.||Our legitimate interest in the improvement of our services and in managing the server capacities, and in the bug-free preservation of our website and products (art. 6 para. 1, let. f GDPR);|
1.2. Creating the user account
a. Registration and log in with email address
To register and create an account at Makforms, we will need your email address
|Purpose of processing||Legal ground|
|The purpose of this processing is to create the account, to log into the Site and to provide our services through the Site, and to provide help in using the Site.||Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);|
b. Registration and log in with Google
MakeForms also offers you the possibility to register using your Google account. While you do so, you are redirected to a Google page where you can log in using your Google username and password. After this process, your MakeForms account will be connected to your Google profile. While connecting, MakeForms automatically receives from Google the information you agreed to email, first name, last name, and profile picture. This information will be processed by us in order to offer you the possibility of creating the account and to the extent necessary to identify you in the context of the features offered by the Site and to offer you the various features on our Site.
1.3 Adding information to your profile
Once you have created your user account, you can fill in other details about yourself in order to complete your profile: first name, last name, telephone number, and industry.
|Purpose of processing||Legal ground|
|The purpose of this processing is to complete the user’s profile in order to better provide our Services.||Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);|
1.4. Informing the users added to the account
Once created the account, you can add new users in order to collaborate on projects. In this case, MakeForms will use their email address to invite them to the project. In such a case, they also need to create a user account.
|Purpose of processing||Legal ground|
|The purpose of this process is to inform the newly added user of the collaboration invitation.||Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);|
The source of this Personal Data (the email address of the invited person) is the user who invited the respective person.
When providing you with the Services, we will issue invoices for the fees. In this case, we will process your first name, last name, and address.
|Purpose of processing||Legal ground|
|The purpose of this processing is to issue the invoices for the payment of the services.||Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR); |
Processing is necessary for compliance with a legal obligation to which the controller is subject (art. 6 para. 1, let. c GDPR);
1.6. Payments and bank cards
When you make payments, the same will be processed by our Merchant On Record, Paddle.com Market Ltd. Paddle with process your bank card details (first and last name, card number, CCV, expiring date).
|Purpose of processing||Legal ground|
|The purpose of this processing is to send the bank card details to the payment processor in order to process the payment.||Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);|
1.7. Contractual notifications
|Purpose of processing||Legal ground|
|The purpose of this processing is to carry out contractual and service notices.||Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);|
1.8. Contact us using our chat
You can contact us by using our chat. In such a case, MakeForms might collect the following Personal Data: contact detail (email, first name, last name) and any other information regarding the issue or the request at hand.
|Purpose of processing||Legal ground|
|In this situation, we will use your Personal Data only to contact you in connection with the requested offer or in connection with the resolution of the problem you need support with.||Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);|
1.9. Marketing & in-product messages / Communications
You can opt-in to receive marketing messages via email.
|Purpose of processing||Legal ground|
|We will send communications via in-product notices or by email to your registered email address or we will post updates on our website.||Your consent. (art. 6 para. 1, let. a GDPR).|
You can revoke your prior consent at all times and without any costs, with altering consequences for the future.
FAILURE TO PROVIDE PERSONAL DATA
You may refuse to provide certain Personal Data (indicated above) . Failure to provide the same may result into you not being able to benefit from certain services and features, including, but not limited to, the creation of an account or contacting you to solve your problem and to provide support.
AUTOMATIC PROCESSING OF PERSONAL DATA
Your Personal Data will not be processed for taking decisions based solely on automatic processing that would result in legal effects concerning you or could similarly significantly affect you.
DATA COLLECTED THROUGH FORMS
Form records are private and can be used exclusively by the account owner or other users that received such permissions from the account owner. MakeForms never discloses the content of form submissions under any circumstance, unless specifically requested by legal state authorities. The forms created on MakeForms can be viewed, and unfilled to anyone using a link or embed options to show them the platform’s capabilities. You are free to recommend our services to anyone who you feel can benefit from our services. Any data/ information gathered through forms and surveys created using MakeForms belong to the end-user and neither MakeForms can hold ownership over them nor be liable for it.
As a rule, we will process your Personal Data as long as the user account exists. The Personal Data collected in order to solve an issue will be stored for the period necessary to resolve the request. In certain circumstances, we may retain personal data for longer periods of time, for example, if we are obliged to do so in accordance with the legal, regulatory, tax, or accounting requirements. We may also keep personal data for longer periods of time so that we have accurate records of your interactions with us in the event of any complaints or if we reasonably appreciate that there is a prospect of litigation related to the processing of your personal data.
TRANSFER OF PERSONAL DATA
Your Personal Data is filed and stored on the servers of our contractual partners that are helping us to provide our services to you. We may transfer Personal Data, as far as necessary, to the following categories of recipients: contractual partners, subcontractors, companies offering IT services, public authorities, courts of law or arbitral tribunals, and authorities competent to investigate criminal offenses. These recipients may or may not be located in India and/or in the European Economic Area. Where recipients are located outside the European Union and the European Economic Area, including in countries not recognized as ensuring an adequate level of protection, the transfer of Personal Data shall be carried out only if there are appropriate guarantees, in accordance with applicable law. In this respect, we rely on several guarantees, such as the standard contractual clauses issued by the European Commission. You may receive from us a list of recipients from third countries, as well as a copy of the agreed provisions that ensure an adequate level of protection of Personal Data. For any request to this effect, please contact us via our support email.
The security of your Personal Data is important to us. Your Personal Data will therefore be processed by applying reasonable technical and organizational measures to protect Personal Data, such as limiting access to Personal Data, encryption or anonymization of Personal Data, and storage in secure environments.
RIGHTS IN CONNECTION WITH THE PROCESSING OF YOUR PERSONAL DATA
You have the following rights in connection with the processing of your Personal Data:
Access right: You have the right to obtain from us confirmation that your Personal Data is processed by us, as well as information on the specific processing, such as: the purposes of the processing, categories of processed Personal Data, recipients of Personal Data, the period for which Personal Data is stored, if we transfer the Personal Data abroad and how we protect it, your rights, the right to lodge a complaint before the supervisory authority, the source of your Personal Data.
Right to rectification: You have the possibility to request rectification of your Personal Data, provided that the applicable legal requirements are met. In the event of errors, after notification, we will immediately correct your Personal Data.
Right to erasure: In certain cases, you have the possibility to request the deletion of Personal Data, namely when: (i) the Personal Data is no longer necessary in relation to the purposes for which they were collected or otherwise processed; (ii) you withdraw consent on which the processing is based according to and where there is no other legal ground for the processing; (iii) you exercise the right to object to the processing; (iv) the Personal Data has been unlawfully processed. We are not obliged to comply with your request when the processing is necessary (among others) for compliance with a legal obligation or for the establishment, exercise, or defense of legal claims. There are also other circumstances in which we are not obliged to comply with this request for the deletion of Personal Data.
Restriction of processing: You may request us to restrict the processing of your Personal Data in the following circumstances: (i) you contest the accuracy of the Personal Data, for a period enabling us to verify the accuracy of the Personal Data; (ii) the processing is unlawful and you oppose to the erasure of the Personal Data and request the restriction of their use instead; (iii) we no longer need the Personal Data for the purposes of the processing, but you require them for the establishment, exercise or defense of legal claims; (iv) you have objected to processing, pending the verification whether our legitimate grounds override yours. However, we can continue to process your Personal Data (i) when you consent; (ii) for the establishment, exercise, or defense of legal claims, or (iii) for the protection of the rights of another natural or legal person.
Right to data portability: Insofar the Personal Data is processed based on your consent or on the execution of the agreement and the processing is carried out by automated means, you have the right to have your data Personal Data provided to you in a structured format, which is currently used and can be read automatically and you have the right to request us to transfer this Personal Data to another controller. This right shall not adversely affect the rights and freedoms of others.
Right to opposition: In certain situations, such as when we process your Personal Data on the basis of a legitimate interest or for sending marketing messages, you have the right to object to the processing of your Personal Data by us. In the event of an unjustified objection, MakeForms is entitled to continue processing Personal Data.
Revocation of consent: Insofar as you consented to the processing of your Personal Data, you can at all times revoke your consent, without affecting the lawfulness of processing based on consent before its withdrawal.
Right not to be subject to any automatic individual decisions: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. Such right cannot be exercised when the decision: (i) is necessary for entering into, or performance of, a contract between you and us; (ii) is authorized by law which lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or (iii) is based on your explicit consent.
Identity verification: We take utmost care of the confidentiality of all Personal Data and we reserve the right to verify your identity if you make a request in relation to your Personal Data
Fees: As a rule, you can exercise your rights free of charge. However, we reserve the right to request a reasonable fee if your claims are manifestly unfounded or excessive, in particular, because of their repetitive nature.
Response Time: We make every effort to respond to your request within one month of receiving the request. This period may be extended by two further months where necessary, taking into account the complexity and number of the requests, in which case we will inform you of any such extension and of the reasons for the delay
Our platform uses different cookies for different purposes. Some of them are required in order to provide you with our services, while others are used for marketing purposes such as Google Ads.
Anti Spam policy
MakeForms is totally against spam. To fight spam, we have implemented Captcha protection, by default on all the forms built using MakeForms. MakeForms uses Google Recaptcha on all the forms published on frms.link. For forms being published on your domain names, you can choose to use Google Recaptcha V2 or V3. However, you will have to procure the site key credentials for the same. If you choose to not use Google Recaptcha, then MakeForms will by default implement the HCaptcha Anti Spam solution for all the forms published on your domain name. You can also choose to limit the number of submissions coming from the same IP address each day by editing the Source setting.
We reserve the right to automatically add ReCaptcha or any other anti-spam measures at any time we discover abuses of our services.
MakeForms’ HIPAA-compliant solution is only available on our Enterprise plans and includes compliance with all HIPAA statutes, safeguards, protocols, business associate agreements (BAAs), signed confidentiality agreements, and non-disclosure agreements (NDAs). With our HIPAA features enabled, we offer several different levels of indemnification clauses in our BAAs, Our HIPAA features are only available on our Enterprise plan. It is not possible to be HIPAA compliant on other paid plans, even though these plans do offer SSL encryption, they do not comply with the rest of the HIPAA regulations and safeguards. Furthermore, MakeForms cannot be held liable for any HIPAA violations that may occur through the use of our platform and services on any of the non-compliant plans.
MakeForms may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Person List or Entity List. By using MakeForms, the Customer represents and warrants that he/she is not located in any such country or on any such list. MakeFoems Customer also agrees that he/she will not use MakeForms for any purposes prohibited by applicable law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
MakeForms is in no way responsible for any damages whether direct, consequential, incidental, or otherwise, suffered by Customer as a result of using or relying upon such above classifications, for any purpose whatsoever.
It is forbidden to create forms that request sensitive data, such as passwords, email credentials, or other credentials, from form users. It is forbidden to create forms that advertise fake offers, fake job advertising, or any other type of scam. It is forbidden to use our forms to send any type of email to recipients that didn’t opt-in for your communication. We do not allow our services to be used for activities related to or promoting racism, pornography, segregation, religious hatred, or any other scam or illegal activities.
We reserve the right to select our customers thus any form or account that we consider that they don’t comply with our Terms will be deleted without notice.
It is also prohibited to ask for credit card information via web forms. MakeForms will soon offer several user-friendly payment processors. For assistance in supporting the payment method of your choice, please reach out to us at email@example.com If you encounter any forms built with MakeForms that request passwords or secure credentials, please reach out to us at firstname.lastname@example.org
Accounts may be limited for the reasons listed below. Once the issue is solved, users will have access to all complete form submissions.
If there is a payment problem with your account, you will have 7 days to resolve the problem. After that, you will have limited access to your account and your account will be scheduled for a downgrade to the Free plan after 15 days. While your account is limited, you will be able to access your account and forms, but you will receive incomplete submissions and you will not be able to access your form settings and submissions. Usually updating your credit card information will resolve the problem or you can contact us for help solving the issue. If you solve the payment problem within 15 days, the account limitation will automatically be removed and your account will no longer be subject to a downgrade.
Too many submissions.
If you are on the free plan and receive more than your account quota, you will receive incomplete submissions at first. If your account continues to exceed the submission limit, it will be suspended. Submissions use resources on our side thus we can’t offer them for free. Upgrade to a paid plan to receive more.
Missing backlink. If you are on the free plan and remove the backlink to MakeForms from your forms, you will receive warning messages. If you don’t add the link back to your forms, your account will be limited. Insert the backlink in your forms or upgrade to a paid plan to resolve this issue.
Phishing. Forms and accounts used for phishing purposes are suspended. Owners will not be able to log in and forms will not be functional. There is no way to restore these accounts.
Account pooling or sharing.
Due to security concerns, MakeForms is not accepting account pooling or sharing. We kindly recommend you contact us and create a user for each person building forms.
Forms with high email bounce rates. These forms will be limited for abuse. To avoid this, make sure you only send email notifications to valid email addresses.
Collecting Personally Identifiable Information (PII). Any data that could potentially be used to identify a particular person is classified as Personally identifiable information, or PII (e.g. Social Security Numbers, ID Numbers, Drivers License). You can collect this information only if you add an extra layer of security over the data at rest by enabling the Data Encryption feature on your account.
If you use the Free service plan, you are required to keep a backlink to Makeforms.io below your web form. We reserve the right to remove or block any account that does not comply with our terms of service. Repeated usage of our contact forms by Free users who remove the link to our site may lead to messages not being delivered until the account is upgraded to a paid plan. Free accounts are subject to several limitations that might vary depending on our strategy. It is forbidden for users to create more than one account to avoid limitations. We reserve the right to disable or delete duplicate accounts. Forms created by free users cannot be published on Craigslist.
Users who want to create forms with advanced features, like SMS notifications, multi-language forms, conditional logic rules, field validation, and more, are required to upgrade to paid plans. The fees for these plans are handled by our Merchant on Record, Paddle. If the subscription payment fails (expired credit card, insufficient money, etc.), you have 15 days to solve the problem; otherwise, the account will be downgraded to Free membership. Yearly subscription renewals follow an automated process that starts two weeks in advance of your subscription due date. Thus, you might see a charge on your credit card statement anytime between that moment and your due date. Your paid membership will be counted starting with the due date, no matter when the payment charge takes place. MakeForm reserves the right to change pricing levels and to establish new charges at any time. We will give notice of any pricing changes on the website and by email. Monthly paying users will continue to pay the old price for at least 6 months, while yearly paying users will stay at the same rate for at least 1 year. After that, the new pricing levels will go into effect. All your MakeForms subscriptions will automatically renew for periods equal to your initial subscription term. You will be charged at our current rates, 14 days before the end of your initial subscription term unless you cancel your subscription by logging into your MakeForms account. For Enterprise clients, unless specified otherwise in the client contract, payment of invoices must be made within 30 calendar days from the date of invoice. Otherwise, late payment fees will apply.
When signed up for a paid monthly or yearly plan, you are charged automatically on a monthly or yearly basis using the payment source you have provided. If you do not want to use the paid service anymore, you need to cancel your subscription (from the section Settings). The recurring payment terminates only when you downgrade the subscription Free plan, and you can continue to use it, but will need to comply with the limitations of this service plan.
Changing payment details
Changing payment details updates the subscription date. If, for example, you have a paid monthly subscription that is charged on the 15th of every month and you upgrade to a higher plan on January 30, we will prorate your remaining amount.
MakeForm does not issue refunds for subscriptions canceled before the contracted period ends. This means that if you cancel a subscription on September 5, but your prepaid period ends on October 2, you will still have access to features associated with your paid plan until October 2. Please take into consideration that both plans (yearly and monthly) are recurring. If you wish to unsubscribe, you should do so before your prepaid period ends (term end). Past subscription fees won’t be refunded. Invoices and payments for the Enterprise service plan cannot be canceled or refunded. They are preceded by a comprehensive sales process that requires dedicated resources and ensures an informed decision.
The electronic signature service is provided “as is” with no express or implied warranty for compliance with state laws. MakeForms is not liable in regard to the legal validity of the electronic signatures collected within our forms. The form submitter is solely responsible for the veracity of the signature provided.
While the website and services are normally available 24 hours a day, we shall not be liable if for any reason the website is unavailable at any time. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond our control. Major maintenance windows will be in advance announced by MakeForms technical teams in order to allow you to coordinate the usage. Our services are hosted by multiple service providers, which offer stable and scalable hosting services with high availability and responsive support. Our site uses servers in multiple data centers located across the United States and is GDPR compliant. However, if European customers prefer to have all the data hosted in the EU, may reach out to MakeForms customer support. We have the latest security packages installed and we upgrade the server when necessary. Still, the possibility exists for temporary downtimes independent of our control, as for any other website. This happens very rarely and, when it happens, we do our best to solve the problem as soon as possible. To minimize latency, please reach out to MakeForms Customer Support if you expect a large burst of submissions or a submission rate greater than 5000 submissions per day. We will take precautionary measures to prevent any latency. However, we are not responsible for any data loss that might occur when the server is not accessible. If you have a commercial website, we cannot be held responsible for the data loss; the best we can offer you is a partial or full refund of the money paid to us for the month when the server issue occurred.
Fair usage limitations.
The concept of “unlimited” is subject to fair usage limitations. Our platform supports a very high number of forms, fields, rules, and submissions for each account, meant to accommodate all scenarios, irrespective of complexity. However, these volumes are capped at 800 field rules and 400 rules, in order to ensure a stable and reliable experience for all of our users. If you need more details about this, contact us.
All our payments are processed by Paddle.com Market Ltd. Paddle acts as a Merchant of Record for Eszmeletlen Holding Co. [ The brand owners for MakeForms ]. A merchant of record (MoR) is the entity that is authorized, and held liable, by a financial institution to process a consumer’s credit and debit card transactions. The MoR is also the name that appears on the consumer’s credit card statement. The paddle has its tax registration number in every country that is subject to the Sales Tax registration and the Paddle ensures that all the transactions carried out worldwide are compliant with the respective countries’ Sales Tax Rules & Regulations. You can view Paddle’s terms of service at https://www.paddle.com/legal/terms