EFFECTIVE: MAY 15th, 2018

Terms of service

The services provided by 123FormBuilder can be used by any person, if the terms of service are respected. We have the right to disable accounts that are suspected of using our service for illegal activities. You should read these terms and conditions (“terms”) carefully before using this website and its services. Using 123FormBuilder.com (the “Website”) indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the website. 

Introduction

We offer 3 service plans for individuals and small businesses: Basic, Gold and Platinum, as described here; and 3 corporate plans: Professional, Enterprise and Compliance, as described here. Gold and Platinum customers can use extra Premium features and have priority for support. Professional, Enterprise and Compliance customers can use our Corporate features, have priority for support and receive dedicated 1-on-1 onboarding assistance.

The website and its services comply with applicable privacy laws and we are making efforts to adjust for the specific requirements of other markets. For any specific question related to regulatory aspects, please contact our team. We are not liable for losses or costs caused by abnormal and unforeseeable circumstances outside our reasonable control, which would have been unavoidable despite all efforts to the contrary, for example delays or failures caused by industrial action, problems with another system or network, third party viruses or malware, mechanical breakdown or data-processing failures. These terms shall be governed by and construed in accordance with Romanian law. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the Romanian courts. You should also read the terms and conditions of each complementary platform that 123FormBuilder integrates with, if you are using such integrations.

You may access the main page and information of the Website without registering your details with us. Still, the majority of the functionalities of the Website and proposed services are available only after your initial free registration and you shall be deemed to have accepted these Terms in full by registering. If you do not accept these Terms, you must leave the Website immediately. We may update the Terms at any time and recommend checking for updates periodically or when notified of such updates by email. Where you have registered for additional services (possibly external) you may also be subject to additional Terms and Conditions imposed by specificity of the services, which we suggest reading carefully to address your questions.

Confidentiality

We collect just the amount of personal information that is needed to create and maintain your account. Users can access and update personal information in the My Account section. We will neither disclose your personal information, nor sell it to anyone. We never read the messages received through your forms. Your IP, personal information and received data are confidential and will never be released, except by request from authorities. We always include an opt-out method to our direct marketing messages.

Form records are private and can be used exclusively by the account owner. 123FormBuilder never discloses the content of submissions under any circumstance, unless specifically requested by legal state authorities. Submissions are stored securely on our Amazon hosted servers, and are protected against misuse, interference and loss, as well as from unauthorized access, modification and disclosure.

The forms you create on our site can be shown, unfilled, to the visitors of our site, to show them the results that can be achieved with the solution we provide. You are invited to recommend our services to anyone who might find them useful.

Any web form or survey created by the end user using the translated versions of 123FormBuilder framework and products, along with any information gathered through those web forms and surveys, belong to the end user and neither 123FormBuilder nor the Customer can hold ownership over them or be liable for them.

 

Security

Platinum, Professional users and above can create secure forms (SSL encrypted). The other forms are non-secure forms and 123FormBuilder is not responsible for any sensitive data that might be intercepted by other persons that monitor the computers where the forms are filled.

Our security measures are more extensively described here.

 

Data privacy

General

This privacy notice is to let you know how 123FormBuilder looks after your personal information. This includes what you tell us about yourself, what we learn by having you as a customer, and the choices you give us about what marketing/notifications you want us to send you. This notice explains how we do this and tells you about your privacy rights and how the law protects you.

Our Privacy promise is to keep your data safe and private, not to sell your data and to give you ways to manage and review your existing data and marketing/notification choices at any time.

Parties to this Contract agreement will respect the rights of the individuals whose data are being collected, as provided by Law, respectively: (i) The right to be informed regarding the identity of the operator and its representative, the purpose for which the data is processed, or any other information in connection with the rights provided in the applicable legislation; (ii) The right to not be subject to an individual decision; (iii) The right to intervention; (iv) The right to oppose the processing of owned personal data and to request rectification; the update or deletion of data which is processed contrary to the Law; (v) The right to address Justice if a violation of the current legislation has been observed; (vi) The right to request the deletion of personal data, with the exception of those cases that are specified in the current legislation.

Data protection law says that we are allowed to use personally identifiable information (PII) only if we have a proper reason to do so. Our main scope of collecting and processing the provided PII is to be able to fulfill a contract we have with you. It is our legal duty to respect local or EU laws and use PII only when it is in your legitimate interest or of course when you consent for it. The groups of PII collected are the following:

Type of PII

Description

Contact

Where you live and how to contact you.

Socio-Demographic

This includes details about your work, profession, industry.

Transactional

Details about payments to and from your accounts with us, and insurance claims you make.

Locational

Data about where you are, which may come from your mobile phone, the IP address where you connect a computer to the internet, or the type of browser used to connect to our website.

Behavioural

Details about how you use our products and services (including cookies collected by add-on services as Google Analytics).

Communications

What we learn about you from letters, emails and conversations between us.

Consent

Any permissions, consents or preferences that you give us. This includes things like how you want us to contact you, whether you get paper statements, or prefer large-print formats.

 

Parties will have the obligation to take suitable technical and organizational measures to protect the privacy of all processed personal data and, if applicable, to respect the instructions provided by the other party regarding the use of personal data, in conformity with the applicable legislation.

Parties will require a written authorization (specific or general) of those involved regarding the transmission of the respective data from empowered affiliates, collaborators, other contractual partners or, to the extent that it is permitted by legislation, will proceed only to communicate a preceding report regarding this kind of operations, suitably limited by the applicable and active legislation.

Parties will inform the involved person, as well as the national authorities of personal data supervision, as required by law, regarding any incident that could violate the protection and privacy of personal data that is used in the current Contract. Furthermore, to the extent that it is required by law, each party will permanently inform the other regarding any measures that have been taken to resolve the incident or to diminish the risk of a potential security/confidential violation of the personal data.

Without the express approval of those involved, parties do not have the right to use the respective personal data for other purposes than for the execution of this Contract and are obligated to cease using and storing the collected personal data when the Contract has been terminated, either by returning or destroying the respective personal data, except the case when this activity is prohibited by the current legislation.

Parties will collaborate in good faith, for the entire duration of the Contract, as well as after its termination, to address all aspects regarding the protection of processed personal data for the purpose of or in connection with this Contract.

123FormBuilder performs profiling, with the purpose of offering its customers the features considered most suitable for them. This is what we mean when we talk about ‘marketing’. The outcome of any such profiling is not shared with third parties. If customers wish not to be profiled and not to receive any or specific types of emails, they must change their Email Preferences, which can be found after logging in to the service, under MyAccount → Account Details.

In addition to field data entered by form end-users, 123FormBuilder collects the browser type and the IP address of the person who submits the forms. This is done anonymously, only for statistical & debugging reasons, and is not used to identify individuals, nor is this data shared with third parties. If the customer configures the forms to send collected data to external scripts (also called Webhooks), the customer is responsible for protecting this data.

We can only use your personal information to send you marketing messages if we have either your consent or a “legitimate interest.” A legitimate interest is when we have a business or commercial reason to use your information. Our interest must not unfairly go against what is right and best for you. You can ask us to stop sending you marketing messages by contacting us at any time or changing your email preferences, under your MyAccount → Account Details → Email preferences.

Whatever email preferences you choose, you'll still receive system notifications and statements or other important information such as changes to your existing products and services. Such notifications cannot be stopped as will interfere with contractual obligations both parties have assumed.

Use of Cookies & Display Advertising

We collect non-personally identifiable data for two reasons: first, to process your order; and second, to provide you with the best and most customized service possible. The non-personally identifiable data includes "cookies", which are small text files stored on your computer when you browse a website, allowing it to recognize a returning visitor.

123FormBuilder has implemented and is using third-party vendors like Google Analytics for Display Advertisers (e.g. remarketing). We display content-specific advertisements to those who have previously visited our website when they visit other websites that have the Google Display Network implemented. For this purpose, we use cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) to inform, optimize, and serve ads based on someone's past visits to our website. These non-personally identifiable cookies collect traffic data such as the source, medium and keyword(s) for referred traffic. Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Google Ads Preferences Manager. If you would like to opt out, you may use this browser add-on.

Data Collected Through Forms

Form records are private and can be used exclusively by the account owner. 123FormBuilder never discloses the content of form submissions under any circumstance, unless specifically requested by legal state authorities.

The forms you create on our site can be shown, unfilled, to the visitors of our site, in order to offer them a better understanding of the results that can be achieved with the solution we provide. You are invited to recommend our services to any persons who might find them useful.

Any web form or survey created by the end user with the translated versions of the 123FORMBUILDER framework and products, along with any information gathered through those web forms and surveys, belong to the end user and neither 123FORMBUILDER nor the PARTNER can hold ownership over them or be liable for it.

How long we keep your personal information

123FormBuilder accounts do not expire. You can create forms and collect data continuously, if you comply with the terms of service. When 123FormBuilder receives a complete account deletion request from a customer, 123FormBuilder will delete the customer data and the collected data from all of its systems within 60 days unless retention obligations apply.

How to get a copy of your personal information

You can access your personal information we hold by looking directly in your My Account section or by contacting us

How to withdraw your consent

You can withdraw your consent at any time. Please contact us if you want to do so. If you withdraw your consent, we may not be able to provide certain products or services to you. If this is the case, we will tell you.

How to complain

Please let us know if you are unhappy with how we have used your PII. You also have the right to complain to the Local or EU Data Protection Agency. Find out on their website how to report a concern.

 

Antispam policy

We are totally against spam, this being one of the reasons why we started our service. To fight spam, we have implemented Captcha protection on our forms. If our Captcha protection is defeated by spammers, let us know and we will improve the difficulty of the Captcha.

You can use smart Captcha images, which means that the verification code shows up only when the form receives more than one submission from the same IP address. You can also limit the number of submissions coming from the same IP address each day in the Settings → Security section of your form.

 

HIPAA Compliance

Our HIPAA compliant solution is only available on our compliance cloud and includes compliance with all HIPAA statutes, safeguards, protocols, business associate agreements (BAAs), signed confidentiality agreements and non-disclosure agreements (NDAs).

On our HIPAA compliance cloud, we offer several different levels of indemnification clauses in our BAAs, plus the availability of two separate insurance policies for professional services and data loss, covering you for up to 1 million dollars for each.

Our HIPAA compliance cloud accounts are only supported on our compliance cloud. It is not possible to be HIPAA compliant on our Basic, Gold, Platinum, Professional or Enterprise plans, even though these plans do offer SSL encryption, they do not comply with the rest of the HIPAA regulations and safeguards. Furthermore, 123FormBuilder 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 (Basic, Gold, Platinum, Professional or Enterprise).

 

Abuse policy

It is forbidden to create forms that request sensitive data, such as passwords, email credentials or other credentials, from form users. Such forms and the accounts that create them will be deleted. It is also prohibited to ask for credit card information via web forms. We offer several user-friendly payment processors. For assistance in supporting the payment method of your choice, please contact us.

We do our best to track down and ban all the forms created by users of our service for data phishing purposes. We do this both manually and automatically, through a form validation script. If you encounter any 123FormBuilder forms that request passwords or secure credentials, please contact us.

We do not allow services to be used activities related to or promoting racism, segregation, religious hatred or any illegal activities. We will delete any account that violates these terms.

 

Account limitation

Accounts may be limited for the reasons listed below. Once the issue is solved, users will have access to all complete form submissions.

Payment problems. 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 downgrade to the Basic 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 the 15 days, the account limitation will automatically be removed and your account will no longer be subject to a downgrade.

Old paid account. If you are an old user on a paid subscription, you will receive incomplete messages. Contact us and we will update your account. You will not be required to pay any additional charges.

Too many submissions. If you are on the free plan and receive more than 100 submissions per month, you will receive incomplete submissions at first. If your account continues to exceed the submission limit, it will be suspended. Submissions use bandwidth that we can't offer you for free. Upgrade to the Gold plan to receive more than 100 submissions per month.

Missing backlink. If you are on the free plan and remove the backlink to 123FormBuilder 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 the Gold 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, 123FormBuilder is not accepting account pooling or sharing. We kindly recommend you contact us and create a user for each person building forms.

 

Free accounts

If you use the Basic service plan, you are required to keep a backlink to 123formbuilder.com 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 Basic users who remove the link to our site may lead to messages not being delivered until the account is upgraded to Gold.

Basic accounts are subject to several limitations, including the limitation to 5 forms, with up to 10 controls for each form. It is forbidden for users to create more than one account to avoid this limitation. We reserve the right to disable or delete duplicate accounts.

Each time a user fills out your form, you receive a form submission. Basic accounts can receive up to 100 form submissions per month. The number of submission is calculated for all of the forms in an account, not each individual form. The submission counter is reset on the first day of every month. Therefore, if you create your free account on October 17, the counter is reset on November 1, then on December 1 and so on.

If you exceed the submission limit in one month, the exceeding submissions will be counted against your total for the next month. If the submission limit is exceeded repeatedly (for three months), your account will be limited. Exceeding the submission limit results either in receiving incomplete messages or having the account suspended and not receiving any messages at all. This issue can be solved by upgrading to a paid plan, where there is no submission limit.

Forms created by free users cannot be published on Craigslist.

 

Payments

Users who want to create forms with advanced features, like file upload, custom multiple recipients, more than 100 submissions a month, data validation and more, are required to upgrade to Gold, Platinum, Professional, Enterprise or Compliance plans. The payments for these plans are handled by our third party payment processor, 2Checkout. 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 Basic membership.

123FormBuilder 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.

 

Subscription cancellation

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 My Account). The recurring payment terminates only when you cancel the subscription. The cancellation will downgrade your account to a Basic account, 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 creates a new subscription. If, for example, you have a Gold monthly subscription that is charged on the 15th of every month and you upgrade to Platinum on January 30, we will refund half of the last amount charged for your Gold subscription, cancel that subscription and upgrade your account to the Platinum plan. The account will then be charged the Platinum price on the 30th of every month.

If you exceed your account plan limits, we reserve the right to modify your subscription. You will be notified by email a number of times before this step occurs. If you do not reply to any of our emails, your subscription plan will be upgraded automatically in order to ensure your account's continuity.

 

Refunds

We provide a 30-day money-back guarantee for all plans purchased from 123FormBuilder. In case of unwanted duplicate payments or fraudulent orders, we will refund the money immediately. Refund requests for reasons related to not understanding the terms of service are not accepted. Our free membership plan and all the information on our website make it very clear what we offer at each price level.

Our 30-day money-back guarantee does not apply when purchasing additional user licenses, sub-user accounts or additional SMS and PDF form layout credits, as it is implied that if you are purchasing additional users, licenses or credits you are satisfied with our product and services.

 

Order forms

Platinum users and above can create forms with payment integration to collect money from visitors. 123FormBuilder is integrated with several payment gateways, including PayPal, Authorize.Net, Stripe and others. 123FormBuilder does not accept any liability for the contracts that are not honored. The form owner  must solve any payment problems directly with the gateway provider, without involving 123FormBuilder, which simply provides the framework for the payments and does not take responsibility for payment problems.

 

Electronic signature

The electronic signature service is provided "as is" with no express or implied warranty for compliance with state laws. 123FormBuilder 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.

 

Service availability

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 123FormBuilder technical teams in order to allow you to coordinate the usage.

Our services are hosted by Amazon Web Services (AWS), which offers stable and scalable hosting services with high availability and responsive support. Our site uses AWS 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,  they can signup and use our EU site, hosted by AWS, in Germany: https://eu.123formbuilder.com/ . 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 email us 1-2 days in advance at support[at]123formbuilder[dot]com 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.

 

VAT levels

Because we are located in the European Union, we are subject to the Council Directive 2002/38/EC regarding European regulations on software VAT. The VAT rate in the EU varies between 15 and 25 percent depending on the rate determined by the member state where the customer is located. Companies or taxable persons are not charged VAT, but only if they have registered for a VAT ID number, provided that the annual sum exceeds a level established by their residential country.

Individuals and businesses located outside the European Union will not be charged VAT. To find out the VAT rate of your country, follow the list here.

 

Wix Partner Program

We offer a Wix Partner Program, hereinafter referred to as ‘Program’ or ‘Partner Program’. A participant in the Program is hereinafter referred to as ‘Partner’ or ‘You’.

General

By signing up to the Partner Program via our Partner Program sign up form and clicking the ‘I agree to the terms of service’ box, you agree to sign up and certify that a) you have read this agreement and understand all of its contents; and b) you agree to be bound by all terms and conditions of this agreement, including without limitations, all documents, policies and procedures incorporated herein by reference and any possible future amendment thereof or additions thereto; and c) you have no conflict or other restriction in entering or performing this agreement or any part thereof, including receipt of all the applicable approvals required under the applicable law for the performance of this agreement by you.

By signing up to the Partner Program and clicking the ‘I want to receive the newsletter’ box, you agree to sign up for the newsletter we send periodically that at times contains coupon codes for distribution to your Clients, tips and tricks for making the best use of our product, success stories and any other information that may help you grow and understand the product better.

Violation of any of these terms or any other document incorporated into this program by reference will result in the immediate termination of your participation in the program, without any need to inform you in writing, and for forfeiture of any outstanding Partner fee payments earned during the violation. You agree to participate in the Program at your own risk and expense.

Definitions

The following terms shall mean:

“Commission’ means the approved and undisputed amount due and payable for any referral Clients that purchased any of our paid plans, as referred to us by you, our Partner. The commission applies in accordance with our campaigns and may differ at specific moments in time. The exact percentage paid from the net amount from all paid plans purchased by any Clients referred by you is always seen on our Partner Program page.

‘Platinum plan’ is one of our paid plans that we offer to you, our Partner, on a complimentary basis, to support getting you up to speed with our advanced product features and to help you grow. We offer you this paid plan complimentary at our own discretion and for as long as we choose. We reserve the right to offer special discounts to certain paid plans, excluding however a mandatory rule of running these complementary offerings. Follow the updates to our Partner Program page for any new updates for specifics of the period of your complimentary offering.

‘Coupon codes’ are all the promotional codes we choose to offer to specific events we participate in, specific promotional campaigns we send via our Newsletter for our Partners or specific cases chosen by your Account Manager, to help you grow and maximise your revenue. These codes always apply to our paid plans and are usually activated for a determined period.

‘Minimum withdrawal commission amount’ or ‘minimum transaction amount’ is the minimum amount value subject to a commission withdrawal by you, our Partner. It’s calculated as commission percentage from the net amount of all the paid plans sold as referred by you, and must have at least $50 total value to make a withdrawal.

‘Referred Client’ means someone that purchases any paid plan of ours and that has been referred by you. As a Partner, you will have a Reporting section in the product where you will be able to see a status of your referrals’ progress.

“Confidential Information” shall include, but not be limited to ((a) any modifications to the terms and provisions of the Program made specifically for the Partner and not generally available to other partners of the Program; (b) price guidelines, future service releases, trade secrets, know-how, inventions, processes, programs, schematics, data, pricing and discount schedules, customer lists, financial information and sales and marketing plans relating to Partner Program provider’s services. Confidential Information shall also include any information that we designate as confidential during the term of this Program.

Joining the Program

To begin the enrollment process, the Partner shall submit a Signup form via our website. The partner must provide full, true and accurate information in the application. We will then evaluate in good faith the information received and may notify the Partner of their acceptance or rejection within 30 business days.

Partners may be rejected by the Partner Program provider for any reason and at the sole discretion of the Partner Program provider. We reserve the right to terminate a Partner’s participation in the Program at any time, for any reason. A rejection of a Partner shall not derogate from the right to reapply to the Program at any other time thereafter, provided that the Partner complies with the Partner Program provisions.

Reasons for rejection may include, but are not limited to, sites or activities containing illegal, offensive, abusing, infringing content, or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethnically or otherwise objectionable, including without limitation, sites or activities that: promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promote illegal activities or incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights of any third party.

Confidentiality

Confidential Information shall not include information which is: (a) previously known to the other party without obligation of confidence or without breach of this Partner Program; (b) which is publicly disclosed (other than by the Partner) either prior or subsequent to the Partner’s receipt of such information; (c) required to be disclosed by the other party by law or by the order of a court or similar judicial or administrative body.

The Partner shall at all times, keep and hold Confidential information in strict confidence and shall not use it for any purpose other than as may be reasonably necessary for the performance of its duties pursuant to this Program.

Abuse

The partner will not redistribute any coupon codes received via the Partner Program Newsletter or via the Account Manager of the Program, outside of the scope of the respective coupon code campaign, as communicated.

Disclaimers

The Partner Program materials are provided ‘As is’ without any express or implied warranty of any kind. We do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on the Program’s site. Any of the information may change at any time without notice.

We reserve the right to change these terms and conditions at any time, and you agree to abide by the most recent version of this Terms of Use Agreement each time you view and use the Website. You are accordingly advised to consult the Terms of Use Agreement each time you view and use the Website. Do not use the Website if you do not agree to all of the following terms and conditions.

If you have any questions or want to give us feedback, please contact us.