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").
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 (monthly, unless otherwise indicated) through the payment method provided by the Client. 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.
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).