Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your access to and use of the MakeForms platform operated by Hello Digital ("MakeForms," "we," "us," or "our"). By creating an account or using MakeForms, you agree to these Terms.

If you are using MakeForms on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

2. The Service

MakeForms provides a lead qualification form builder platform including multi-step forms, OTP phone verification, TrustedForm certification, conditional logic, lead scoring, and CRM integrations. The service is provided on a subscription basis as described at qualifiedleadforms.com/pricing.

3. Account Registration

You must provide accurate information when creating your account. You are responsible for maintaining the security of your account credentials. You must notify us immediately at [email protected] if you suspect unauthorized access to your account. MakeForms is not liable for losses caused by unauthorized account access resulting from your failure to maintain credential security.

4. Acceptable Use

You agree not to use MakeForms to:

• Collect data without proper consent from form respondents
• Send unsolicited commercial communications (spam)
• Violate the Telephone Consumer Protection Act (TCPA) or other applicable laws
• Collect data from individuals under 16 years of age
• Collect sensitive data (health, financial, biometric) without appropriate compliance measures
• Attempt to reverse-engineer or access MakeForms infrastructure beyond your authorized account
• Resell access to MakeForms without prior written agreement

5. HIPAA Compliance

Customers who use MakeForms to collect Protected Health Information (PHI) must be on the Pro plan or above and must have a signed Business Associate Agreement (BAA) in place. Using MakeForms to collect PHI without a signed BAA is a violation of these Terms and may result in immediate account termination.

6. Data and Privacy

MakeForms processes form submission data on behalf of customers (as a data processor). Customers are responsible for ensuring they have appropriate legal bases to collect respondent data. Customers own the data collected through their forms. Our Privacy Policy at qualifiedleadforms.com/privacy governs our handling of data.

7. Payment

Subscription fees are billed monthly or annually in advance. All fees are in USD. Fees are non-refundable except as required by applicable law or as set out in our refund policy. We reserve the right to change pricing with 30 days notice. Continued use after a price change constitutes acceptance.

8. Service Availability

MakeForms targets 99.9% uptime excluding scheduled maintenance. Scheduled maintenance is announced at least 48 hours in advance. We are not liable for downtime caused by factors outside our control including third-party service failures, internet outages, or force majeure events.

9. Intellectual Property

MakeForms retains ownership of the platform, its code, design, and documentation. You retain ownership of the forms you create and the data collected through them. You grant MakeForms a limited license to process your data solely to provide the service.

10. Limitation of Liability

To the maximum extent permitted by law, MakeForms' liability for any claim arising from these Terms or your use of the service is limited to the fees you paid in the 12 months preceding the claim. MakeForms is not liable for indirect, incidental, consequential, or punitive damages.

11. Indemnification

You agree to indemnify and hold harmless MakeForms from claims arising from: your use of the service in violation of these Terms; your violation of applicable law; your forms or the data collected through them; or your violation of any third-party rights.

12. Termination

Either party may terminate a monthly subscription at any time. Annual subscriptions may be terminated with 30 days notice; fees for the remaining period are non-refundable. MakeForms may immediately suspend or terminate your account for violations of these Terms or conduct that poses a security or legal risk to MakeForms or other customers.

13. Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles. Disputes shall be resolved through binding arbitration administered by UNCITRAL arbitration rules. Nothing prevents either party from seeking injunctive relief in a court of competent jurisdiction.

14. Changes to These Terms

We may update these Terms. We will notify customers of material changes by email at least 30 days before the change takes effect. Continued use of MakeForms after the effective date constitutes acceptance.