Terms of Service

Last updated: December 13, 2024

Welcome to Atlas Forms. These Terms of Service ("Terms") govern your use of the Atlas Forms service operated by Atlas Forms ("Atlas," "we," "us," or "our") at atlasforms.app. By using the Service, you agree to these Terms.

1. Acceptance of Terms

By accessing or using Atlas Forms, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

Atlas Forms provides:

• Form endpoints — HTTP endpoints that accept form submissions
• Submission storage — Secure storage and retrieval of form data
• File uploads — Attachment handling for documents, images, and videos
• Notifications — Email alerts and webhooks for new submissions
• Dashboard — Web interface to view and manage submissions
• API access — Programmatic access to your data (Pro plans and above)

3. Account Registration

3.1 Account Creation

To use Atlas, you must create an account with a valid email address. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.2 Account Security

You must immediately notify us of any unauthorized use of your account. We are not liable for any loss resulting from unauthorized access to your account.

3.3 API Keys

API keys grant access to your account data. Treat them as passwords. Do not share API keys or commit them to public repositories. You are responsible for any actions taken using your API keys.

4. Plans and Pricing

4.1 Free Plan

The Free plan includes limited submissions, forms, and storage. Free accounts are subject to more restrictive rate limits and shorter data retention (7 days).

4.2 Paid Plans

Paid plans (Pro, Business, Enterprise) offer increased limits, longer retention, and additional features. See our Pricing page for current pricing and features.

4.3 Billing

• Paid plans are billed monthly or annually in advance
• Payments are processed through our third-party payment processor
• You authorize us to charge your payment method on a recurring basis
• Failed payments may result in service suspension

4.4 Refunds

We offer a 14-day money-back guarantee for new paid subscriptions. After 14 days, payments are non-refundable. Refunds are not available for partial months, add-ons consumed, or accounts terminated for violations.

4.5 Plan Changes

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately; downgrades take effect at the next billing cycle. If you exceed your new plan's limits after downgrading, some features may be restricted.

5. Acceptable Use

You agree NOT to use Atlas Forms to:

5.1 Prohibited Content

• Collect or transmit illegal content
• Distribute malware, viruses, or harmful code
• Host phishing forms or fraudulent content
• Collect data in violation of privacy laws (without proper consent)
• Store content that infringes intellectual property rights
• Transmit spam or unsolicited commercial messages
• Collect sensitive personal data (health, financial, etc.) without appropriate safeguards

5.2 Prohibited Activities

• Attempt to gain unauthorized access to the Service or other accounts
• Interfere with or disrupt the Service's infrastructure
• Circumvent rate limits or abuse prevention measures
• Use automated means to scrape or extract data beyond normal API usage
• Resell access to the Service without authorization
• Use the Service to harm minors in any way
• Impersonate any person or entity

5.3 Rate Limits

The Service enforces rate limits to ensure fair usage. Default limits are 60 requests per minute per IP. Repeated violations may result in temporary or permanent IP blocking. Higher limits are available on paid plans.

6. Data and Retention

6.1 Your Data

You retain ownership of all data submitted through your forms ("Customer Data"). You grant us a limited license to store, process, and transmit Customer Data solely to provide the Service.

6.2 Data Retention

Submission data is retained according to your plan:

• Free: 7 days
• Pro: 90 days
• Business: 1 year
• Enterprise: Unlimited (customizable)

After the retention period, data is automatically and permanently deleted.

6.3 Data Export

You may export your data at any time via the dashboard (CSV) or API (JSON). We recommend regular exports as a backup, especially for Free plans with short retention periods.

6.4 Data Deletion

You may delete individual submissions, forms, or your entire account at any time. Deletion is permanent and cannot be undone. Upon account deletion, all associated data is permanently removed within 30 days.

7. Webhooks and Integrations

7.1 Webhook Delivery

Webhooks deliver submission data to URLs you configure. We make reasonable efforts to deliver webhooks but do not guarantee delivery. Failed webhooks are retried on Pro plans and above.

7.2 Webhook Security

Webhooks include HMAC-SHA256 signatures for verification. You are responsible for validating signatures and securing your webhook endpoints.

7.3 Third-Party Integrations

You may connect Atlas to third-party services via webhooks or API. We are not responsible for the availability, security, or practices of third-party services.

8. File Uploads

8.1 Storage Limits

File storage is limited by your plan. Exceeding storage limits may prevent new uploads until you upgrade or delete existing files.

8.2 File Types

We support common file types (images, documents, videos). We reserve the right to reject files that pose security risks or violate these Terms.

8.3 File Retention

Files are retained as long as the associated submission exists. When a submission is deleted (manually or via retention policy), associated files are also deleted.

9. Intellectual Property

9.1 Our Property

The Service, including its design, features, and content (excluding Customer Data), is owned by Atlas and protected by intellectual property laws. You may not copy, modify, or distribute our property without permission.

9.2 Your Property

You retain all rights to Customer Data. We claim no ownership over data submitted through your forms.

9.3 Feedback

If you provide feedback or suggestions, you grant us a perpetual, royalty-free license to use them to improve the Service.

10. Disclaimer of Warranties

THE SERVICE IS 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, NON-INFRINGEMENT, OR AVAILABILITY.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• The Service will meet your specific requirements
• Any errors will be corrected

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATLAS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

12. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of a third party
• Customer Data you collect or process through the Service

13. Your Legal Responsibilities

When you collect personal data through Atlas, you are responsible for compliance with applicable laws:

• Providing your own privacy policy to your users
• Obtaining necessary consents for data collection
• Responding to data subject requests (access, deletion, etc.)
• Complying with GDPR, CCPA, and other applicable privacy laws
• Ensuring appropriate safeguards for sensitive data

Atlas provides tools to help with compliance (data export, deletion), but compliance is ultimately your responsibility.

14. Termination

14.1 By You

You may terminate your account at any time by deleting it from your dashboard settings. Termination does not entitle you to a refund of prepaid fees.

14.2 By Us

We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or pose a risk to the Service or other users. We may also terminate accounts that have been inactive for more than 12 months on the Free plan.

14.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your data within 30 days of termination. Sections that by their nature should survive termination will survive (including Limitation of Liability, Indemnification, and Dispute Resolution).

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms and updating the "Last updated" date. For significant changes, we may also send email notice. Continued use of the Service after changes constitutes acceptance of the new Terms.

16. Dispute Resolution

16.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at legal@atlasforms.app and attempt to resolve the dispute informally for at least 30 days.

16.2 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

16.3 Arbitration

Any disputes not resolved informally shall be resolved by binding arbitration under the rules of the American Arbitration Association. Arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

16.4 Class Action Waiver

You agree to resolve disputes only on an individual basis and waive your right to participate in class actions, class arbitrations, or representative actions.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Atlas regarding the Service.

17.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.

17.3 No Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

17.4 Assignment

You may not assign your rights under these Terms without our consent. We may assign our rights to an affiliate or in connection with a merger, acquisition, or sale of assets.

18. Contact

Questions about these Terms? Contact us at:

• Email: legal@atlasforms.app