LSSI-CE · Terms of service
In compliance with the duty of information set out in Article 10 of Spanish Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce ("LSSI-CE"), the following general information about this website is provided:
Accessing and/or using this portal grants the status of USER, who accepts, from the moment of such access and/or use, the General Terms of Use set out here. These Terms apply regardless of any General Contracting Terms that may also be binding.
For the purposes of this document, two types of user are distinguished: the Client (the individual or business that subscribes to a Form-it account to create and publish forms) and the Respondent (the person who answers a form published by a Client, without having their own Form-it account). Sections 4 to 10 of this document specifically regulate the relationship with the Client as the party contracting the Service.
Ático Estudio Gráfico, S.L. holds all intellectual and industrial property rights over its website and the elements it contains (including, but not limited to, images, sound, audio, video, software or text; trademarks or logos, colour combinations, structure and design, choice of materials used, and the computer programs required for its operation, access and use).
Any use not previously authorised by the owner will be considered a serious infringement of the author's intellectual or industrial property rights. Reproduction, distribution and public communication, including making available, of all or part of the content of this website, for commercial purposes, in any medium and by any technical means, without the owner's authorisation, are expressly prohibited.
Forms created by the Client, and the responses received through them, remain exclusively the Client's property. The owner claims no ownership rights over such content; the licence the Client grants over it is limited to what is strictly necessary to provide the Service, as set out in Section 5.
Form-it (the "Service") is a platform that allows the creation of forms which a Respondent can fill in either through a traditional field-by-field form ("Classic mode") or by conversing in writing with a conversational assistant based on artificial intelligence language models ("Chat mode"). The Client acknowledges and accepts that, when a Respondent uses Chat mode, they are interacting with an automated AI system and not with a person; the Service discloses this to the Respondent in a perceptible way at the start of, and during, that interaction, in accordance with Article 50 of Regulation (EU) 2024/1689 (the "AI Act").
Some forms, where the Client enables it and the plan allows it, also offer a spoken conversation with the same assistant ("Voice mode"). The Client acknowledges and accepts that, in Voice mode, the Respondent is talking to an AI system and not a person (the screen tells them before starting), that their voice is processed in real time by a third-party AI provider as described in the Privacy Policy and the Data Processing Agreement, and that this mode requires a compatible browser and microphone permission. Voice mode is a feature under development (beta): it may make recognition errors, so the Client must review the data collected, especially phone numbers, emails and figures. Voice mode is never the only way to respond.
To subscribe to the Service, the Client must register an account with truthful information and keep it up to date. The Client is responsible for the confidentiality of their login credentials and for all activity carried out from their account.
When the Client uses the Service to collect personal data from Respondents, the Client acts as data controller for that data and Form-it acts as processor, under the terms of the Data Processing Agreement, which forms part of these Terms.
The Client is solely responsible for the content of the forms they create and the instructions they give the AI assistant (brand, tone, questions, attachments requested). The Client warrants that such content does not infringe third-party intellectual property rights or applicable regulations, and that it has sufficient legal grounds to collect the personal data it requests from Respondents.
Where the Service allows files or images to be attached, both the Client and the Respondent agree not to upload content that infringes copyright, is defamatory, unlawful, or violates third-party rights. The owner does not systematically pre-review content uploaded by users, but may remove it or block access to it, without prior authorisation, as soon as it becomes actually aware of its unlawful nature.
Notice and takedown. Anyone who believes that content hosted on the Service infringes their rights (intellectual property or otherwise) may notify us at info@form-it.com.es, identifying the specific content, its location, the right allegedly infringed, and their contact details. The owner will assess the notice in good faith and, where appropriate, remove or block access to the content within a reasonable time, informing the Client who uploaded it. A Client who repeatedly uploads content infringing third-party rights may have their account suspended or cancelled under Section 9.
The Client grants the owner a limited, non-exclusive, worldwide licence to host, store, process and transmit the content of their forms and responses, solely to the extent necessary to provide the Service (including sending it to the AI providers that process conversations, as described in the Privacy Policy).
The Service is offered in various plans (including a free plan), with usage limits and features detailed at any given time on the pricing page. The owner may change plan prices and limits; price changes do not affect subscriptions already contracted until their next renewal, unless stated otherwise at the time of purchase.
Paid plans are billed on a recurring basis, at the interval the Client chooses when subscribing (monthly or annual), through the payment method provided by the Client. An annual subscription is charged as a single payment for the whole year, and the plan's response and AI token quotas renew every month within the paid year. The Client may cancel their subscription at any time from their dashboard; cancellation takes effect at the end of the period already paid for, with no refund for the portion already consumed unless applicable law provides otherwise — see the details on cancellations, withdrawal and refunds in the Refund Policy.
Voice mode is available only on paid plans and is measured in voice minutes, counted in seconds of conversation. Each account has a voice-minute balance that is used every time a Respondent (or the Client themselves, including in preview or testing) holds a voice conversation on one of that account's forms. When a conversation opens, the maximum time it can last is reserved (up to 12 minutes or the available balance, if lower); when it ends, the time actually used is deducted (with a 10-second minimum) and the rest is returned. If a conversation ends without notice (for example, the browser is closed abruptly or the connection is lost), the time up to the last activity signal received plus a short margin is deducted, never exceeding the reserved time. The Client is responsible for their account's consumption, including consumption caused by automated or abusive use of their forms; Form-it applies anti-abuse measures but does not guarantee their absolute effectiveness.
Trial minutes. Form-it may grant, at its discretion and once per account, a balance of trial minutes. Form-it may change or withdraw this grant for future accounts without affecting minutes already granted.
Packs. The Client may buy minute packs by one-off payment, in the sizes and at the prices shown at any time in their Subscription panel (excluding taxes, see section 6). Purchased minutes do not expire while the account exists, are non-transferable, have no cash value and are not refunded once consumed; unconsumed minutes are covered by the Cancellation and Refund Policy. If the account is deleted, the unconsumed balance is lost, unless the law provides otherwise. Each purchase generates an invoice.
Automatic top-up. It is optional and off by default. It is only enabled if the Client expressly requests it from Subscription, setting the pack size, the balance below which a top-up is made and a monthly spending cap (excluding taxes), and saving their card after expressly accepting the charging authorisation shown on screen. While active, when the balance drops below the threshold, a pack is charged automatically to the default card on the Client's payment account (or, if there is none, the one saved on activation), without exceeding the month's cap; once the cap is reached, no further top-ups are made until the following month and an email notice is sent. Each top-up generates an invoice and an email notice. If a charge fails, automatic top-up is switched off and the Client is notified. The Client may change or switch it off at any time from Subscription; switching off takes effect for future top-ups and does not affect those already charged. The price of each top-up is the one in force at the time of the charge.
Exhausted balance. When the balance is insufficient, Voice mode stops being offered on the account's forms and Respondents can continue through the other modes. Form-it is not liable for responses that stop being collected by voice because of an exhausted balance, a failed charge or a reached cap.
Availability. Voice mode depends on third-party AI providers and on the Respondent's browser and microphone; it may be unavailable or work in a degraded way, without entitling the Client to compensation beyond what is provided in section 9.
AI tokens measure the use of the Service's artificial-intelligence features: the Chat Assistant, the final review of responses, the AI form builder, the field Strategy, and the summary and scoring of responses. Each plan includes a token quota per billing period, whose current figure is shown in the Subscription panel. Voice mode does not consume tokens but voice minutes (section 6 bis).
Quota exhausted. When the period's quota and, where applicable, the token bag are exhausted, new visits to the account's forms switch to the Classic form, conversations already started may finish, and the AI builder, the Strategy, the summary and the scoring are disabled until the quota renews, tokens are purchased or an own API key is connected. Form-it is not liable for responses that stop being collected through chat because of an exhausted quota, a failed charge or a reached cap.
Own API key. A Client who configures their own key with an AI provider bears that provider's cost and conditions directly. Calls made with that key do not consume the token quota or the bag.
Token bags. On paid plans the Client may buy token bags by one-off payment, in the sizes and at the prices shown at any time in their Subscription panel (excluding taxes, see section 6). The bag is used only once the plan's quota for the period is exhausted, and only for the part of the consumption that exceeds it. Tokens in a bag do not expire while the account exists, are not renewed, are not transferable, have no cash value and are not refunded once consumed; for unconsumed tokens the Cancellation and Refund Policy applies. If the account is deleted, the unconsumed balance is lost unless the law provides otherwise. Each purchase generates an invoice. Bags cannot be bought while an own API key is active.
Automatic token top-up. It is optional and off by default. It is only enabled if the Client expressly requests it from Subscription, setting the bag level below which it tops up and a monthly spending cap (excluding taxes), and saving their card after expressly accepting the charge authorisation shown on screen; if a card has already been saved for voice-minute top-ups, it is reused under a separate authorisation. While enabled, a bag will be charged automatically to the default card on the Client's payment account (or, if there is none, the one saved on activation) only when three conditions are met at the same time: the plan's token quota is exhausted, the bag has fallen below the set threshold, and the month's spending has not reached the cap. It never tops up while plan quota remains. When the cap is reached no further top-ups are made until the following month and an email notice is sent. Each top-up generates its invoice and an email notice. If a charge fails, automatic top-up is disabled and the Client is notified. The Client may change or disable it at any time from Subscription; disabling takes effect for future top-ups and does not affect those already charged. The price of each top-up is the one in force at the time of the charge.
When a form uses the "Payment" field type, the charge is processed directly in the Stripe account of the owner of that form, through the Stripe Connect feature. Form·it acts solely as a technical intermediary: it does not receive, hold or manage the funds at any point, and it is not a party to that sale. The form's owner is solely responsible, to the payer and to any authority, for the sale, its invoicing, applicable VAT, refunds, and any dispute or claim related to that charge.
When a form uses the "Booking" field type, Form·it provides a technical tool for the Client to show slots from its calendar and hold them for whoever fills in the form. The Client is solely responsible for correctly setting its hours, its closed days and the number of units of each option, for handling the bookings that are made, for keeping its own diary up to date, and for communicating with its customers (including cancellations, changes and no-shows). Form·it takes reasonable measures so that the same slot is not booked more times than the configured units, but does not guarantee uninterrupted availability of the Service, is not responsible for bookings made outside Form·it or for the delivery of emails or notices related to bookings, and is not liable for any loss arising from a booking the Client is unable to honour.
The slot a person chooses is held for a few minutes while they finish the form and, if they have not submitted it by then, it is released automatically; it is confirmed when the person submits the form. Slot times are calculated in the time zone the Client sets on the field. Bookings are part of the responses: they are kept and deleted with them, and deleting a response releases its slot. The Client acts as the controller of the personal data collected when booking and must inform the people who book accordingly.
The Client agrees not to use the Service to, among other things:
The owner takes reasonable measures to keep the Service available and functioning correctly, but does not guarantee uninterrupted availability. The Service is provided "as is", without warranties of fitness for a particular purpose, except those that are mandatorily applicable under Spanish law.
The owner is not liable, under any circumstances, for damages of any kind that may arise from, among others: errors or omissions in content, unavailability of the portal or the Service, or the transmission of viruses or malicious or harmful programs within the content, despite having adopted all necessary technological measures to prevent it.
Except in cases of wilful misconduct or gross negligence attributable to the owner (which Spanish law does not permit to be excluded or limited), the owner's total liability to the Client for any claim arising from the Service is limited to the amount actually paid by the Client in the preceding twelve months.
The owner may suspend or cancel a Client's account, with prior notice where reasonably possible, in the event of serious or repeated breach of these Terms, non-payment, or where there is a legal obligation to do so. The Client may cancel their account at any time; following cancellation, their data will be retained or deleted as set out in the Privacy Policy.
The owner reserves the right to amend these Terms and the portal, and may change, remove or add to the Service's content and features, as well as how they are presented. Substantial changes to these Terms will be notified to the Client with reasonable advance notice (for example, by email or a notice on the dashboard) before they take effect.
Should this website contain links or hyperlinks to other internet sites, the owner will not exercise any control over such sites and their content. Under no circumstances will it assume any liability for the content of any link belonging to a third-party website.
The relationship between the owner and the USER is governed by applicable Spanish law. For relationships with Clients acting as a business or professional (B2B use), any dispute will be submitted to the Courts and Tribunals of the city of Ciudad Real, Spain, with express waiver of any other jurisdiction that might apply. Where the USER has the legal status of a consumer, this clause does not deprive them of their right to bring proceedings before the courts of their own domicile, in accordance with applicable consumer protection law.
These Terms contain no clause submitting disputes to mandatory arbitration nor any waiver of class actions: such clauses are considered abusive and void against consumers under Article 90 of the recast Spanish General Law for the Protection of Consumers and Users (LGDCU).