Terms of Service

1. Acceptance of Terms

By accessing or using FormGenius at formgenius.co.uk ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

FormGenius is operated by 3rd Sector Tech.

2. Description of Service

FormGenius is a browser-based form builder that allows users to:

• Create and design fillable PDF forms
• Export forms as accessible, WCAG-compliant PDFs
• Store form designs locally (Free tier) or in encrypted cloud storage (Pro tiers)
• Publish forms as web forms to collect submissions (Pro tiers)
• Use AI-powered features including accessibility suggestions and submission analysis (Growth and Business tiers)

3. Service Tiers

3.1 Free Tier

• No account required
• Unlimited form creation and PDF exports
• Data stored in browser localStorage only
• No cloud backup or cross-device sync

3.2 Pro Tiers (Paid Subscription)

• Encrypted cloud storage for forms
• Cross-device synchronization
• Project organization (folders, tags, search)
• Web form publishing and submission collection
• Encrypted submission storage with CSV export
• PDF submission import
• Different tiers offer varying storage limits, web form limits, and features (see pricing page for details)

3.3 AI-Powered Features (Growth and Business Tiers)

Growth and Business tier subscribers have access to AI-powered features including submission analysis and plain-language content checking. These features are entirely opt-in and consume from a monthly credit allowance that resets each billing cycle.

When you use an AI feature, relevant data (form content or submission data) is sent to our AI sub-processor, Anthropic (USA), under Standard Contractual Clauses. AI outputs are generated by a language model and are not guaranteed to be accurate or complete — you are responsible for reviewing any suggestion before acting on it. You are also responsible for ensuring you have the right to submit data to a third-party AI processor. See our Privacy Policy for full details.

If your form collects sensitive or special-category personal data, you can mark individual fields as “Sensitive Data” in the form editor to exclude them from AI analysis. You are responsible for ensuring your use of AI features complies with your own data protection obligations.

4. User Accounts (Pro Tiers)

To access Pro tier features, you must create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

You must be at least 16 years old to create an account.

5. Acceptable Use

You agree NOT to:

• Use the Service for any illegal purpose or to violate any laws
• Create forms that collect illegal content or violate others' rights
• Attempt to access, interfere with, or disrupt the Service or servers
• Use automated scripts or bots to abuse the Service
• Misuse AI-powered features, including attempting to extract model weights or training data, sending prompts designed to circumvent safety measures, or using AI features to process data you do not have the right to share with a third-party AI provider
• Upload malware, viruses, or malicious code
• Impersonate others or provide false information
• Use the Service to spam, harass, or harm others

6. Content Ownership & Responsibility

6.1 Your Content

You retain all ownership rights to the forms you create. We do not claim any ownership of your content.

You are solely responsible for:

• The content of your forms
• Compliance with data protection laws (GDPR, etc.) when collecting data via your forms
• Ensuring your forms do not violate any laws or third-party rights

6.2 License to FormGenius

You grant us a limited license to store and process your form designs and submission data solely to provide the Service. Form submissions are encrypted at rest using strong, industry-standard encryption. We will never access, sell, or share your content for any purpose beyond providing the Service. See our Privacy Policy for full details on how we handle your data.

7. PDF Watermark & Attribution (Free Tier Only)

7.1 Free Tier Watermark

All PDF forms exported from the Free Tier include a small watermark displaying "www.formgenius.co.uk" at the bottom of each page. This watermark is a condition of using the free Service.

As a Free Tier user, you agree that:

• The watermark will be present on all exported PDFs from the Free Tier
• You will not remove, obscure, modify, or attempt to hide the watermark
• You will not use technical means to strip or alter the watermark from exported PDFs
• The watermark serves as attribution and helps support the free service

Note: The watermark is embedded in the PDF metadata and page content to ensure proper attribution. Removing or obscuring the watermark constitutes a violation of these Terms and may result in termination of your access to the Service.

7.2 Pro Tier - No Watermark

Pro Tier subscribers (paid subscriptions) receive watermark-free PDF exports. All PDFs exported from Pro Tier accounts will not include the "www.formgenius.co.uk" watermark, providing a professional, branded experience for your forms.

8. Payment & Subscriptions (Pro Tiers)

8.1 Billing

• Pro tier subscriptions are billed monthly or annually in advance
• Prices are in GBP (£) and include VAT where applicable
• Payment is processed securely via Stripe
• We do not store your payment card details

8.2 Free Tier

The free tier is available indefinitely with no account required. You can upgrade to a Pro tier at any time from the pricing page.

8.3 Cancellation & Refunds

• You can cancel your subscription at any time from your account settings
• Cancellation takes effect at the end of your current billing period
• You retain full access to all Pro features until the end of the paid period
• All subscriptions are non-refundable. No refunds will be issued for partial billing periods, unused time, or any reason other than a proven service failure on our part
• During the remaining paid period after cancellation, you can export all your form designs, submission data (CSV), and PDF exports

8.4 Downgrades

If you downgrade to Free tier or cancel:

• Your cloud data and features remain accessible until the end of your current billing period
• You can export all projects during this period
• After your billing period ends, cloud data is permanently deleted

9. Service Availability

We strive for 99.9% uptime but cannot guarantee uninterrupted service. We may suspend the Service for maintenance with reasonable notice.

We reserve the right to modify, suspend, or discontinue the Service (or any part) at any time. Pro tier subscribers will receive 30 days notice of significant changes.

10. Termination

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in abusive or fraudulent behavior
• Fail to pay subscription fees (7-day grace period)

Upon termination by us, you will have until the end of your current billing period to export your data. If you delete your account, all data is permanently deleted immediately.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability or fitness for a particular purpose
• Accuracy, reliability, or completeness of the Service
• Uninterrupted, secure, or error-free operation

You are responsible for backing up your forms. We recommend exporting important forms as PDF or JSON.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, or consequential damages
• Loss of data, profits, or business opportunities
• Damages arising from your use of or inability to use the Service

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim, or £100, whichever is greater.

13. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your forms or data collection practices
• Your violation of any laws or third-party rights

14. Data Processing Addendum (Business Tier)

This section applies to Business tier (Pro 3) subscribers who use FormGenius to collect personal data from third parties via published web forms. In this context, you are the Data Controller and FormGenius (3rd Sector Tech) is the Data Processor under UK GDPR.

14.1 Scope of Processing

We process form submission data solely to provide the Service: receiving, encrypting, storing, and delivering submissions to you. We do not access, analyse, sell, or use submission data for any purpose beyond providing the Service.

14.2 Security Measures

• All submission data is encrypted at rest using AES-256-GCM with a unique per-form encryption key
• All data in transit is protected by TLS encryption
• Database access is restricted by row-level security policies
• Infrastructure is hosted in the UK (AWS EU-West-2, London) via Supabase
• Authentication uses secure, hashed credentials managed by Supabase Auth

14.3 Data Retention & Deletion

Submission data is retained according to your settings. Business tier subscribers may configure automatic deletion periods (1, 3, 6, 12, or 24 months). You may also manually delete individual submissions or unpublish a form to delete all its submissions at any time.

14.4 Breach Notification

In the event of a personal data breach affecting your submission data, we will notify you without undue delay and in any event within 72 hours of becoming aware of the breach. Notification will be sent to the email address associated with your account.

14.5 Sub-processors

We use the following sub-processors to provide the Service: Supabase (database and authentication, UK), Vercel (application hosting), Stripe (payment processing), Resend (transactional email delivery — applicable to Growth and Business tier subscribers who have enabled submission notification emails), and Anthropic (AI processing, USA — applicable only to Growth and Business tier subscribers who use AI-powered features; a Transfer Impact Assessment has been completed and a Data Processing Agreement incorporating Standard Contractual Clauses is in place). We have Data Processing Agreements in place with all sub-processors. We will notify you of any changes to our sub-processors. A current list and copies of DPAs are available on request by contacting data@formgenius.co.uk.

14.6 Your Obligations as Data Controller

As the Data Controller, you are responsible for: having a lawful basis for collecting personal data, providing appropriate privacy notices to your form respondents, responding to data subject access requests, and ensuring your data collection practices comply with UK GDPR and any other applicable data protection legislation.

15. Intellectual Property

FormGenius, its logo, and all related trademarks are owned by 3rd Sector Tech. You may not use our branding without permission.

The Service's code, design, and functionality are protected by copyright and other intellectual property laws.

16. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes shall be resolved in the courts of England and Wales.

17. Changes to Terms

We may update these Terms from time to time. Material changes will be notified via email (Pro users) or prominent notice on the Service. Continued use after changes constitutes acceptance.

18. Severability

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

19. Contact Us

For questions about these Terms, please contact: