Terms of Service

1. Purpose

These Terms of Service govern access to and use of AwesomeFor.ms, an online service (SaaS) for creating and managing online forms.

Subscription and payment terms are governed by the Terms of Sale.

2. Definitions

• Service: the AwesomeFor.ms platform and all its features.
• User: any natural or legal person with an account on the Service.
• Form: any form created by the User through the Service.
• Response: any submission made by a third party through a Form.
• Content: any element created or imported by the User on the Service (forms, fields, settings, files, logos).

3. Acceptance of the Terms of Service

Access to and use of the Service implies full acceptance of these Terms of Service. If the User does not accept these terms, they must not use the Service.

The User declares having read the Terms of Sale and the Privacy Policy.

4. Registration and account

• The User must provide a valid email address to create an account, then enter their name when signing in for the first time.
• Signing in is passwordless: with a single-use sign-in link sent by email (magic link), or with a passkey registered on the User’s device.
• The User is responsible for the security of their account and authentication devices.
• Only one account per person is allowed.
• The User must be at least 15 years old to use the Service, in accordance with Article 45 of the French Data Protection Act, adopted pursuant to Article 8 of the GDPR. A paid Subscription may only be taken out by adults, or by minors who have the permission of their legal guardian.

5. Acceptable use

The User agrees not to use the Service to:

• Collect data in violation of applicable legislation, including the GDPR.
• Collect sensitive data (health, religion, political opinions, sexual orientation, biometric data) within the meaning of Article 9 of the GDPR, without an appropriate legal basis.
• Send spam, phishing, or any fraudulent content.
• Fraudulently collect login credentials or banking data (phishing).
• Distribute malware or harmful code.
• Attempt to access other Users' data or accounts.
• Overload the Service with automated requests or abusive usage.
• Circumvent technical limits or Service quotas.
• Use the Service for illegal purposes or purposes contrary to public order.
• Publish or distribute illegal content, including child sexual abuse material, terrorist content or content inciting hatred.
• Make fraudulent payments or abusively dispute payments with their bank.

6. User content

The User retains full ownership of the Forms they create and the Responses they collect through the Service.

AwesomeFor.ms does not access, sell, or share User Content, except as necessary to provide the Service (storage, display, technical processing) and to handle reports.

The User is solely responsible for ensuring their Forms comply with applicable regulations, including the GDPR. They must ensure they have a legal basis for collecting data through their Forms and inform respondents in accordance with Article 13 of the GDPR.

Anyone can report a Form they believe to be illegal or contrary to these Terms of Service using the “Report this form” link shown on every published Form, including when it is embedded in a third-party site. The report states the name and email address of its author (except for child sexual abuse material, which may be reported anonymously), an explanation, the exact location of the content and a good-faith declaration. Its author receives an acknowledgement of receipt, then is informed of the decision taken and of the available means of redress.

When a Form is manifestly illegal or contrary to these Terms of Service, in particular following a report, AwesomeFor.ms may unpublish it: it is no longer accessible to the public, but remains in the User's account. The User is informed by email through a statement of reasons setting out the facts and circumstances on which the decision is based, whether it follows a report, the ground relied on and the corresponding provision of these Terms of Service, the absence of automated means, and the available means of redress: a free complaint by replying to the email within six months, recourse to the consumer mediator (CM2C) if the User is a Consumer or to a certified out-of-court dispute settlement body, or referral to the competent courts.

For personal data collected through the User’s Forms, AwesomeFor.ms acts as the User’s processor, under the Data Processing Agreement set out in the appendix.

7. AI-generated content

The Service can generate a form with artificial intelligence from a description entered by the User. The result is a suggestion, which may be incomplete, inaccurate or unsuitable: AwesomeFor.ms guarantees neither its accuracy nor its fitness for the intended use.

The User remains solely responsible for reviewing, correcting where needed and publishing the forms generated in this way, like any other Content (Article 6). The User does not include personal data in the description. This article does not limit the rights that Consumers have under the law, in particular the legal guarantee of conformity of the Service.

8. Intellectual property

The User retains all intellectual property rights over their Content (forms, collected data, files).

AwesomeFor.ms retains intellectual property rights over the software, its design, source code, and all technical components. Any unauthorized reproduction, modification, or distribution is prohibited.

The Subscription grants the User a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Service for the duration of the Subscription.

9. Availability and maintenance

The Service is provided on a “best effort” basis. No guaranteed service level (SLA) is offered.

Scheduled maintenance operations may cause temporary service interruptions. AwesomeFor.ms endeavors to give Users reasonable notice.

AwesomeFor.ms may develop the Service and add features to it. It may only modify or remove an existing feature for a valid reason: a legal or regulatory change, a security requirement, or a change affecting a provider or technology on which the feature depends. Such a change entails no additional cost for the User. If a significant feature is removed, Users are notified with 30 days' notice. If the change affects the User unfavourably, the User may cancel their Subscription at no cost and obtain a prorated refund of the remaining period.

10. Liability

AwesomeFor.ms undertakes to provide the Service as described. Nothing in these Terms of Service limits or excludes its liability towards a Consumer, or the rights the Consumer holds under the law, including the legal guarantee of conformity.

The liability caps and exclusions that apply to Professional Users only are set out in Article 14 of the Terms of Sale.

11. Account suspension and termination

AwesomeFor.ms may suspend or terminate a User's account in case of breach of these Terms of Service. The User is notified by email of a reasoned decision, stating the exact reason, selected from the exhaustive list below, and the article of these Terms of Service it relies on, the facts and circumstances justifying it, whether it follows a report, the absence of automated means, its consequences for the Subscription and the available means of redress.

Grounds for suspension (each suspension is tied to one of these grounds, which are interpreted strictly):

• Serious grounds, which may justify immediate suspension:
  • Phishing or fraudulent collection of login credentials or banking data (Article 5).
  • Distributing malware or harmful code (Article 5).
  • Publishing or distributing illegal content, including child sexual abuse material, terrorist content or content inciting hatred (Article 5).
  • Payment fraud or abusive payment disputes (Article 5).
  • Attempting to access other Users’ data or accounts (Article 5).
  • Use of a compromised account for abusive purposes (Article 5).
• Minor grounds, which give rise to a prior warning:
  • Holding more than one account per person (Article 4).
  • Circumventing the Service’s technical limits or quotas (Article 5).
  • Sending spam (Article 5).
  • Collecting data in breach of applicable law, including the GDPR (Article 5).
  • Overloading the Service with automated requests or abusive use (Article 5).
  • Any other breach of these Terms of Service, the provision concerned being specified in the warning and then in the decision.

On a serious ground, suspension may be immediate. On a minor ground, AwesomeFor.ms first sends the User an email warning describing the breach found and giving them 7 days to comply; failing that, the account may be suspended.

The suspension ends the Subscription immediately. The paid period still to run is refunded prorata, except in case of serious misconduct, which may only be found on a serious ground, under the conditions of article 8 of the Terms of Sale.

During the suspension, the User's forms are no longer accessible to the public and the User can no longer edit them. The User can however sign in to export the responses to their forms and request the deletion of their account, under the conditions set out in the last paragraph of this article, except when the suspension is issued for phishing or fraudulent collection of credentials, distribution of malware, illegal content, attempted access to other Users' data or accounts or use of a compromised account: the account data is then frozen and can neither be exported nor deleted at the User's initiative. Failing deletion, the suspended account is permanently deleted 12 months after the suspension decision. To prevent a new sign-up, a fingerprint of the User's email address is kept for 12 months after the decision.

The User may contest the decision free of charge within six months by replying to the notification email. The complaint is reviewed by the AwesomeFor.ms team, which gives a reasoned answer and lifts the measure if the complaint is well-founded. The User may also turn to a certified out-of-court dispute settlement body, to the consumer mediator mentioned in article 13 if they are a Consumer, or bring the matter before the competent courts.

The User may delete their account at any time from their account settings, after confirming their email address. The Subscription is then stopped and forms no longer accept responses. The account, forms, responses and files are permanently erased 30 days after the request; until then, the User can cancel it by signing in and clicking “Cancel the deletion”. Only the following are then kept: billing records, for the legal retention period (10 years); reports about their forms, for 12 months after they are received; technical logs, for 12 months; backups, for 7 days. The support chat contact and conversations are deleted with the account; otherwise, they are deleted 3 years after the last exchange.

12. Changes to the Terms of Service

AwesomeFor.ms may amend these Terms of Service. Each version is dated and published on the Service; it applies from publication to accounts created from that date. For existing Users, it takes effect 30 days after publication; they are informed by email upon publication, at least 30 days before it takes effect.

On the effective date, the User is asked to expressly accept the new version. Until they do, they keep access to their settings, to the deletion of their account and to viewing and exporting their forms and responses; access to the other features of their workspace is suspended until they accept it. A User who does not accept the new version may delete their account at any time.

The holder of a paid Subscription nevertheless keeps access to the whole Service until the end of the current Billing Period, under the conditions set out in the Terms of Sale.

13. Applicable law and disputes

These Terms of Service are governed by French law.

In the event of a dispute, the parties agree to seek an amicable solution first.

Consumer mediation

In accordance with the provisions of the French Consumer Code concerning the consumer dispute mediation process, after contacting AwesomeFor.ms and in the absence of a satisfactory response, the Consumer User may use a free consumer mediation procedure with:

• CM2C
• 49 rue de Ponthieu, 75008 Paris
• Phone: +33 1 89 47 00 14
• Email: litiges@cm2c.net
• Website: https://www.cm2c.net/declarer-un-litige.php

Jurisdiction

For Consumer Users, legal rules of territorial jurisdiction apply in accordance with Article R631-3 of the French Consumer Code. Where the dispute is between AwesomeFor.ms and a User who contracted as a trader (commerçant), the competent courts are those with jurisdiction over AwesomeFor.ms's place of business, in accordance with Article 48 of the French Code of Civil Procedure. In all other cases, the legal rules of territorial jurisdiction apply.

Contact

For any questions regarding these Terms of Service:

Email: contact[at]awesomefor.ms

Appendix: data processing agreement

This agreement (the “Agreement”) is the processing contract required by Article 28 of the GDPR. It applies when the User, acting as controller, collects personal data through their Forms; AwesomeFor.ms then acts as a processor. It forms an integral part of these Terms of Service and, where applicable, of the Terms of Sale, and prevails over any conflicting provision.

1. Description of the processing

• Subject matter: the collection, hosting, provision and transmission of Responses to the User’s Forms and of files uploaded by respondents.
• Nature of the operations: collection through public or embedded forms, recording, storage, consultation, export (CSV, PDF), sending of notification and confirmation emails, transmission to the integrations enabled by the User (webhooks, Google Sheets), deletion.
• Purpose: the purpose the User determines for each of their Forms. AwesomeFor.ms processes this data only to provide the Service and does not use it for any purpose of its own.
• Categories of data: the data the User chooses to collect (for example identity, contact details, free-text answers, files), the date of each submission and the respondent’s IP address, used for rate limiting and security and kept in the technical logs. Special categories of data within the meaning of Article 9 of the GDPR may only be collected if the User has an appropriate legal basis (Article 5 of the Terms of Service).
• Data subjects: respondents to the Forms and anyone whose data appears in the Responses.
• Duration: the period during which the User uses the Service, until the data is deleted under Article 7 of this Agreement.

2. Obligations of AwesomeFor.ms

• process the data only on the User’s documented instructions, including with regard to transfers outside the European Union; these instructions are set by the Terms of Service, the User’s configuration of the Service and their written requests. AwesomeFor.ms immediately informs the User if, in its opinion, an instruction infringes the regulations;
• ensure that persons authorised to process the data are bound by confidentiality;
• implement the security measures required by Article 32 of the GDPR and described in Article 5 of this Agreement;
• assist the User, insofar as possible, in responding to data subjects’ requests to exercise their rights: the User can view, export and delete Responses directly in the Service, and AwesomeFor.ms forwards to the User without delay any request it receives directly;
• assist the User in ensuring compliance with the obligations of Articles 32 to 36 of the GDPR (security, breach notification, impact assessment, prior consultation), taking into account the nature of the processing and the information available to it;
• notify the User of any personal data breach without undue delay and no later than 48 hours after becoming aware of it, with the information the User needs for their own notification to the supervisory authority;
• make available to the User the information needed to demonstrate compliance with these obligations and allow audits, under Article 8 of this Agreement.

3. Obligations of the User

The User determines the purpose of each Form, ensures they have a legal basis for the collection, informs respondents in accordance with Article 13 of the GDPR, gives only lawful instructions and handles data subjects’ requests to exercise their rights.

4. Sub-processors

The User authorises AwesomeFor.ms to engage the following sub-processors:

• OVHcloud SAS (France) — hosting of servers, databases and files.
• Forward Email (United States) — delivery of notification and confirmation emails, which may contain all or part of the Responses. This transfer is governed by the European Commission’s standard contractual clauses.

File storage and error monitoring run on software hosted on AwesomeFor.ms’s own infrastructure, without any third party. AwesomeFor.ms imposes on each sub-processor data protection obligations equivalent to those of this Agreement and remains liable to the User for their performance.

AwesomeFor.ms informs the User by email of any addition or replacement of a sub-processor at least 30 days in advance. The User may object during that period; failing agreement, the User may cancel their Subscription and delete their account, and the holder of a yearly Subscription is then refunded pro rata for the remaining period.

Recipients configured by the User (webhook URLs, Google Sheets spreadsheets, notification email addresses) are not sub-processors of AwesomeFor.ms: the User alone decides on these transmissions and is responsible for them.

5. Security

AwesomeFor.ms implements in particular the following measures: encrypted connections (HTTPS), hosting in the European Union, restricted server access authenticated by key, separation of each User’s data, passwordless authentication of Users, encryption of stored integration credentials, regular backups and security updates.

6. Transfers outside the European Union

Apart from transmissions decided by the User, the only transfer of Responses outside the European Union results from email delivery by Forward Email (United States), governed by the European Commission’s standard contractual clauses (Article 46 of the GDPR).

7. Return and deletion of data

At the end of the Subscription, only the Forms that exceed the limits of the free plan are deleted, with their Responses and files, under Article 12 of the Terms of Sale: they become read-only for 30 days, during which the User can export their Responses, and are then permanently erased. The other data is kept for as long as the account exists.

As soon as the User requests the deletion of their account, they no longer have access to their Forms or their Responses: it is up to them to export them before making the request. They can cancel the deletion within 30 days to regain this access; after this period, the data is permanently erased.

Backup copies are erased no later than 7 days after the data is erased. AwesomeFor.ms keeps no copy of the Responses, unless required by law.

8. Audits

On written request, AwesomeFor.ms provides the User with documentation describing its security measures and sub-processors. The User may, at most once a year or following a data breach, have an audit carried out by an independent auditor bound by confidentiality, with 30 days’ notice, at the User’s expense and without disrupting the Service.