The services provided by e-FormBuilder can be used by any person if the terms of service are respected. We have the right to disable accounts that are suspected of using our service for illegal activities. You should read these terms and conditions (“Terms”) carefully before using this website and its services. Using e-FormBuilder.com or any other app that’s branded under our name (the “Website”) indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the services we provide.

Introduction

Our platform is available to customers in a variety of plans & packages that might vary from free packages to trials or other types of paid subscriptions. Our current offering is described on our Pricing page.

The website and its services comply with applicable privacy laws and we are making efforts to adjust for the specific requirements of other markets. For any specific questions related to regulatory aspects, please contact our team. We are not liable for losses or costs caused by abnormal and unforeseeable circumstances outside our reasonable control, which would have been unavoidable despite all efforts to the contrary, for example, delays or failures caused by industrial action, problems with another system or network, third party viruses or malware, mechanical breakdown or data-processing failures. These terms shall be governed by and construed in accordance with Romanian law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Romanian courts. You should also read the terms and conditions of each complementary platform that e-FormBuilder integrates with if you are using such integrations.

You may access the main page and information of the Website without registering your details with us. Still, the majority of the functionalities of the Website and proposed services are available only after your registration and you shall be deemed to have accepted these Terms in full by registering. If you do not accept these Terms, you must leave the Website immediately. We may update the Terms at any time and recommend checking for updates periodically or when notified of such updates by email. Where you have registered for additional services (possibly external) you may also be subject to additional Terms and Conditions imposed by the specificity of the services, which we suggest reading carefully to address your questions.

Confidentiality

We collect just the amount of personal information that is needed to create and maintain your account. Users can access and update personal information in the My Account section. We will neither disclose your personal information nor sell it to anyone. We never read the messages received through your forms. Your IP, personal information, and received data are confidential and will never be released, except by request from authorities. We always include an opt-out method to our direct marketing messages.

Form records are private and can be used exclusively by the account owner. e-FormBuilder never discloses the content of submissions under any circumstance, unless specifically requested by legal authorities. Submissions are stored securely on our AWS hosted servers and are protected against misuse, interference, and loss, as well as from unauthorized access, modification, and disclosure.

The forms you create on our site can be shown, unfilled, to the visitors of our site, to show them the results that can be achieved with the solution we provide. You are invited to recommend our services to anyone who might find them useful.

Any web form or survey created by the end-user using the translated versions of e-FormBuilder framework and products, along with any information gathered through those web forms and surveys, belong to the end-user and neither e-FormBuilder nor the Customer can hold ownership over them or be liable for them.

Security

All forms are hosted on AWS infrastructure, on servers located in the US and in the EU. Our platform is monitored 24/7 and we consider security our top priority. All forms are protected through 256-bit SSL encryption, irrespective of the service plan that the account owner is on (free or paid). Apart from SSL encryption, forms can be protected in various other ways: anti-spam features, IP filtering, HIPAA compliance, etc.

Should you as a client, or a mandated third party, need to perform a pentest on our platform, it is forbidden to do so without explicit permission from our part. Please reach out to your account manager or our customer care team and you will be guided further. We will need details on the focus of your pentest and the moment when it is expected to run.

Data Privacy / Privacy Policy

General

Your privacy is one of our fundamental commitments, and therefore, we take utmost care to process your personal data in accordance with the principles set forth in the applicable legislation, including without limitation the General Data Protection Regulation no. 679/2016 (“GDPR”). We recognize the importance of maintaining the confidentiality, integrity, and security of your personal information (“Personal Data“) and have written this privacy policy (“Policy”) to explain how your Personal Data is collected, stored, used, and disclosed by e-FormBuilder (“e-FormBuilder“, “us“), as a data controller, with respect to (i) your access and use of our site that can be accessed at the URL address www.e-FormBuilder.com ("Site") and (ii) the access to, and use of the content of the Site including of the services provided by e-FormBuilder (collectively, “Services”).

Each time we are required by the applicable law or, otherwise, want to use this legal basis, we will request your free, informed, specific, and unequivocal consent for the processing of your Personal Data. By expressing your consent, you agree that we can collect, use, reveal, process and transfer your Personal Data in accordance with this Policy.

We reserve the right to amend the provisions of this Policy from time to time. If we make changes to this Policy, we will make the updated version available on the Site and we will update the “Last Updated” date. We will also inform you on the changes that have occurred, to ensure that you are aware of how we use your Personal Data. Any amendments to this Policy will apply on the date that they are made, with the exception of changes that require your prior consent, and which will apply as of the moment when you express such consent.

CATEGORIES OF PERSONAL DATA, PURPOSES OF PROCESSING, AND LEGAL GROUNDS

1.1. Browsing data

Computer systems and software procedures used for the Site’s operation acquire, during their normal operation, some information (so-called log files), the transmission of which is implicit in the use of internet communication protocols.

This information is not collected in order to be associated to identified persons, but due to its nature can, by means of processing and integration with data held by third parties, allow users to be identified. Such information includes the IP addresses, the time of the request, the method used to submit the request to the server, the size of the file obtained in reply, and other parameters concerning the user’s operating system and computer environment.

Insofar such information leads to the identification of a user, the provisions of this Policy shall become applicable.

Purpose of processing

We use this data for the sole purpose of obtaining anonymous statistical information concerning the use of the Site and to check its correct operation.

Legal ground

Our legitimate interest in the improvement of our services and in managing the server capacities, and in the bug-free preservation of our website and products (art. 6 para. 1, let. f GDPR);

1.2. Creating the user account

a. Registration and log in with email address

On our Site you can register and create an account. In this case, we will need your email address.

Purpose of processing

The purpose of this processing is to create the account, to log into the Site and to provide our services through the Site, and to provide help in using the Site.

Legal ground

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);

b. Registration and log in with Google, Facebook, and Microsoft accounts

1.3 Adding information to your profile

Once you have created your user account, you can fill in other details about you in order to complete your profile: first name, last name, telephone number, industry.

Purpose of processing

The purpose of this processing is to complete the user’s profile in order to better provide our Services.

Legal ground

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);

1.4. Informing the users added to the account

Once created the account, there is a possibility of adding new users in order to collaborate on projects. In this case, we will use their email address to invite them on the project. In such a case, they also need to create an user account.

Purpose of processing

The purpose of this processing is to inform the newly added user of the collaboration invitation.

Legal ground

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);

The source of this Personal Data (the email address of the invited person) is the user who invited the respective person.

1.5. Invoicing

When providing you the Services, we will issue invoices for the fees. In this case, we will process your first name, last name and address.

Purpose of processing

The purpose of this processing is to issue the invoices for the payment of the services.

Legal ground

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);

Processing is necessary for compliance with a legal obligation to which the controller is subject (art. 6 para. 1, let. c GDPR);

1.6. Payments and bank cards

When you make payments, we will process your bank card details (first and last name, card number, CCV, expiring date).

Purpose of processing

The purpose of this processing is to send the bank card details to the payment processor in order to process the payment.

Legal ground

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);

1.7. Contractual notifications

During the provision of our Services, we will use your email address to notify you of any changes in the terms of use and in connection with any other issues related to the performance of the contract between you and e-FormBuilder.

Purpose of processing

The purpose of this processing is to carry out contractual and service notices.

Legal ground

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);

1.8. Contact us using the forms

You can contact us by using our contact or support form published on our website, or other media managed by third parties.

Depending on the form you use, we might collect the following Personal Data (as strictly and clearly indicated in that respective form): email, contact detail (email, phone number or skype ID), username (only for our users), and any other information regarding the issue or the request at hand.

Purpose of processing

In this situation, we will use your Personal Data only to contact you in connection with the requested offer or in connection with the resolution of the problem you need support with.

Legal ground

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);

1.9. Contact us using our chat

You can contact us by using our chat. In such a case, we might collect the following Personal Data: contact detail (email, first name, last name) and any other information regarding the issue or the request at hand.

Purpose of processing

In this situation, we will use your Personal Data only to contact you in connection with the requested offer or in connection with the resolution of the problem you need support with.

Legal ground

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);

1.10. Marketing messages

You can opt in to receive marketing messages via email.

Purpose of processing

If you opt to receive such marketing messages, we will use your e-mail to send you marketing messages about our activities and promotions.

Legal ground

Your consent. (art. 6 para. 1, let. a GDPR).

You can revoke your prior consent at all times and without any costs, with altering consequences for the future.

FAILURE TO PROVIDE PERSONAL DATA

You may refuse to provide certain Personal Data (indicated above) but, in such a case, you may not be able to benefit from certain services and features, including, but not limited to, the creation of an account or contacting you to solve your problem and to provide support.

AUTOMATIC PROCESSING OF PERSONAL DATA

Your Personal Data will not be processed for taking decisions based solely on automatic processing that would result in legal effects concerning you or could similarly significantly affect you.

DATA COLLECTED THROUGH FORMS

Form records are private and can be used exclusively by the account owner or other users that received such permissions from the account owner. e-FormBuilder never discloses the content of form submissions under any circumstance, unless specifically requested by legal state authorities.

The forms you create on our site can be shown, unfilled, to the visitors of our site, in order to offer them a better understanding of the results that can be achieved with the solution we provide. You are invited to recommend our services to any persons who might find them useful.

Any data/ information gathered through web forms and surveys created using e-FormBuilder services belong to the end-user and neither e-FormBuilder can hold ownership over them or be liable for it.

RETENTION PERIOD

As a rule, we will process your Personal Data as long as the user account exists.. The Personal Data collected in order to solve an issue will be stored for the period necessary to resolve the request.

In certain circumstances, we may retain personal data for longer periods of time, for example, if we are obliged to do so in accordance with the legal, regulatory, tax or accounting requirements.

We may also keep personal data for longer periods of time so that we have accurate records of your interactions with us in the event of any complaints or if we reasonably appreciate that there is a prospect of litigation related to the processing of your personal data.

TRANSFER OF PERSONAL DATA

Your Personal Data is filed and stored on the servers of our contractual partners that are helping us to provide our services to you. We may transfer Personal Data, as far as necessary, to the following categories of recipients: contractual partners, subcontractors, companies offering IT services, public authorities, courts of law or arbitral tribunals, and authorities competent to investigate criminal offences.

These recipients can be located in the European Union and/or in the European Economic Area. Where recipients are located outside the European Union and the European Economic Area, including in countries not recognized as ensuring an adequate level of protection, the transfer of Personal Data shall be carried out only if there are appropriate guarantees, in accordance with applicable law. In this respect, we rely on several guarantees, such as the standard contractual clauses issued by the European Commission. You may receive from us a list of recipients from third countries, as well as a copy of the agreed provisions that ensure an adequate level of protection of Personal Data. For any request to this effect, please contact us at the contact details mentioned below.

SECURITY

The security of your Personal Data is important to us. Your Personal Data will therefore be processed by applying reasonable technical and organizational measures to protect Personal Data, such as limiting access to Personal Data, encryption or anonymization of Personal Data, storage on secure environments.

RIGHTS IN CONNECTION WITH THE PROCESSING OF YOUR PERSONAL DATA

Your rights

You have the following rights in connection with the processing of your Personal Data:

Access right: You have the right to obtain from us confirmation that your Personal Data is processed by us, as well as information on the specific processing, such as: the purposes of processing, categories of processed Personal Data, recipients of Personal Data, the period for which Personal Data is stored, if we transfer the Personal Data abroad and how we protect it, your rights, the right to lodge a complaint before the supervisory authority, the source of your Personal Data.

Right to rectification: You have the possibility to request rectification of your Personal Data, provided that the applicable legal requirements are met. In the event of errors, after notification, we will immediately correct your Personal Data.

Right to erasure: In certain cases, you have the possibility to request the deletion of Personal Data, namely when: (i) the Personal Data is no longer necessary in relation to the purposes for which they were collected or otherwise processed; (ii) you withdraw consent on which the processing is based according and where there is no other legal ground for the processing; (iii) you exercise the right to object to the processing; (iv) the Personal Data has been unlawfully processed. We are not obliged to comply with your request when the processing is necessary (among others) for compliance with a legal obligation or for the establishment, exercise, or defense of legal claims. There are also other circumstances in which we are not obliged to comply with this request for the deletion of Personal Data.

Restriction of processing: You may request us to restrict the processing of your Personal Data in the following circumstances: (i) you contest the accuracy of the Personal Data, for a period enabling us to verify the accuracy of the Personal Data; (ii) the processing is unlawful and you oppose to the erasure of the Personal Data and request the restriction of their use instead; (iii) we no longer need the Personal Data for the purposes of the processing, but you require them for the establishment, exercise or defense of legal claims; (iv) you have objected to processing, pending the verification whether our legitimate grounds override yours. However, we can continue to process your Personal Data (i) when you consent; (ii) for the establishment, exercise, or defense of legal claims, or (iii) for the protection of the rights of another natural or legal person.

Right to data portability: Insofar the Personal Data is processed based on your consent or on the execution of the agreement and the processing is carried out by automated means, you have the right to have your data Personal Data provided to you in a structured format, which is currently used and can be read automatically and you have the right to request us to transfer this Personal Data to another controller. This right shall not adversely affect the rights and freedoms of others.

Right to opposition: In certain situations, such as when we process your Personal Data on the basis of a legitimate interest or for sending marketing messages, you have the right to object to the processing of your Personal Data by us. In the event of unjustified objection, e-FormBuilder is entitled to continue processing Personal Data.

Revocation of consent: Insofar you consented to the processing of your Personal Data, you can at all times revoke your consent, without affecting the lawfulness of processing based on consent before its withdrawal.

Right not to be subject to any automatic individual decisions: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. Such right cannot be exercised when the decision: (i) is necessary for entering into, or performance of, a contract between you and us; (ii) is authorized by law which lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or (iii) is based on your explicit consent.

Right to lodge a complaint with the supervisory authority: You have the right to lodge a complaint with The National Supervisory Authority for Personal Data Processing (“DPA”) in relation to any breach of your rights regarding the processing of your Personal Data.

How to exercise your rights

To learn more about the manner in which you may exercise the aforementioned rights, please contact us at support[at]e-FormBuilder.com.

Identity verification: We take utmost care of the confidentiality of all Personal Data and we reserve the right to verify your identity if you make a request in relation to your Personal Data

Fees: As a rule, you can exercise your rights free of charge. However, we reserve the right to request a reasonable fee if your claims are manifestly unfounded or excessive, in particular because of their repetitive nature.

Response Time: We make every effort to respond to your request within one month of receiving the request. This period may be extended by two further months where necessary, taking into account the complexity and number of the requests, in which case we will inform you of any such extension and of the reasons for the delay

Cookies Policy

Our platform uses different cookies for different purposes. Some of them are required in order to provide you with our services, while others are used for marketing purposes such as Google Ads.

Please follow our dedicated cookies policy page for more details about this topic.

Anti Spam policy

We are totally against spam, this being one of the reasons why we started our service. To fight spam, we have implemented Captcha protection on our forms. If our Captcha protection is defeated by spammers, let us know and we will improve the difficulty of the Captcha.

You can use smart Captcha images, which means that the verification code shows up only when the form receives more than one submission from the same IP address. You can also limit the number of submissions coming from the same IP address each day in the Settings -> Security section of your form.

We reserve the right to automatically add ReCaptcha or any other anti-spam measures at any time we discover abuses of our services.

HIPAA Compliance

Our HIPAA compliant solution is only available on our Enterprise plans and includes compliance with all HIPAA statutes, safeguards, protocols, business associate agreements (BAAs), signed confidentiality agreements, and non-disclosure agreements (NDAs).

Our HIPAA features are only available on our Enterprise plan. It is not possible to be HIPAA compliant on other paid plans, even though these plans do offer SSL encryption, they do not comply with the rest of the HIPAA regulations and safeguards. Furthermore, e-FormBuilder cannot be held liable for any HIPAA violations that may occur through the use of our platform and services on any of the non-compliant plans.

Abuse policy

It is forbidden to create forms that request sensitive data, such as passwords, email credentials or other credentials, from form users. It is forbidden to create forms that advertise fake offers, fake job advertising or any other type of scams. It is forbidden to use our forms to send any time of emails to recipients that didn’t opt in for your communication. We do not allow our services to be used for activities related to or promoting racism, pornography, segregation, religious hatred, or any other scam or illegal activities.

We reserve the right to select our customers thus any form or account that we consider that they don’t comply with our Terms will be deleted without notice.

It is also prohibited to ask for credit card information via web forms. We offer several user-friendly payment processors. For assistance in supporting the payment method of your choice, please contact us at support[at]e-FormBuilder.com.

We do our best to track down and ban all the forms created by users of our service for data phishing purposes. We do this both manually and automatically. If you encounter any e-FormBuilder forms that request passwords or secure credentials, please contact us at support[at]e-FormBuilder.com.

Account limitation

Accounts may be limited for the reasons listed below. Once the issue is solved, users will have access to all complete form submissions.

Payment problems. If there is a payment problem with your account, you will have 7 days to resolve the problem. After that, you will have limited access to your account. While your account is limited, you will be able to access your account and forms, but you will receive incomplete submissions and you will not be able to access your form settings and submissions.

Usually updating your credit card information will resolve the problem or you can contact us for help solving the issue. If you solve the payment problem within 15 days, the account limitation will automatically be removed and your account will no longer be subject to a downgrade.

Old paid account. If you are a user that was grandfathered for a limited amount of time from an old type of paid account, you might receive incomplete messages. Contact us and we sort it out together.

Too many submissions. If you are on the free plan and receive more than your account quota, you will receive incomplete submissions at first. If your account continues to exceed the submission limit, it will be suspended. Submissions use resources on our side thus we can't offer them for free. Upgrade to a paid plan to receive more.

Missing backlink. If you are on the free plan and remove the backlink to e-FormBuilder from your forms, you will receive warning messages. If you don’t add the link back to your forms, your account will be limited. Insert the backlink in your forms or upgrade to a paid plan to resolve this issue.

Phishing. Forms and accounts used for phishing purposes are suspended. Owners will not be able to log in and forms will not be functional. There is no way to restore these accounts.

Account pooling or sharing. Due to security concerns, e-FormBuilder is not accepting account pooling or sharing. We kindly recommend you contact us and create a user for each person building forms.

Payments

Users who want to create forms with advanced features, like SMS notifications, multi-language forms, conditional logic rules, data validation, and more, are required to upgrade to paid plans. The fees for these plans are handled by our third-party payment processor, PayPal or Stripe. If the subscription payment fails (expired credit card, insufficient money, etc.), you have 15 days to solve the problem; otherwise, the account will be limited.

Yearly subscription renewals follow an automated process that starts two weeks in advance of your subscription due date. Thus, you might see a charge on your credit card statement anytime between that moment and your due date. Your paid membership will be counted starting with the due date, no matter when the payment charge takes place.

e-FormBuilder reserves the right to change pricing levels and to establish new charges at any time. We will give notice of any pricing changes on the website and by email. Monthly paying users will continue to pay the old price for at least 6 months, while yearly paying users will stay at the same rate for at least 1 year. After that, the new pricing levels will go into effect.

For Enterprise clients, unless specified otherwise in the client contract, payment of invoices must be made within 30 calendar days from the date of invoice. Otherwise, late payment fees will apply.

Subscription cancellation

When signed up for a paid monthly or yearly plan, you are charged automatically on a monthly or yearly basis using the payment source you have provided. If you do not want to use the paid service anymore, you need to cancel your subscription (from the section My Account). The recurring payment terminates only when you cancel the subscription. The cancellation will allow you you to continue to use your account, but will need to comply with various limitations.

Changing payment details

Changing payment details creates a new subscription. If, for example, you have a paid monthly subscription that is charged on the 15th of every month and you upgrade to a higher plan on January 30, we will prorate your remaining amount.

If you exceed your account plan limits, we reserve the right to modify your subscription. You will be notified by email a number of times before this step occurs. If you do not reply to any of our emails, your subscription plan will be upgraded automatically in order to ensure your account’s continuity.

Refunds

We provide a 7-day money-back guarantee for all plans purchased from e-FormBuilder. In case of unwanted duplicate payments or fraudulent orders, we will refund the money immediately. Refund requests for reasons related to not understanding the terms of service are not accepted. All the information on our website make it very clear what we offer at each price level.

Refund requests for yearly orders having the reason – "unwanted automatic renewal" will be reimbursed deducting 20% from the order value, which represents the processing commission for the order.

Order forms

Users on a paid plan that supports Payments can create forms with payment integrations to collect money from their own customers. e-FormBuilder is integrated with several payment gateways, including PayPal, Authorize.Net, Stripe, and others. e-FormBuilder does not accept any liability for the contracts that are not honored. The form owner must solve any payment problems directly with the gateway provider, without involving e-FormBuilder, which simply provides the framework for the payments and does not take responsibility for payment problems.

Electronic signature

The electronic signature service is provided “as is” with no express or implied warranty for compliance with state laws. e-FormBuilder is not liable in regard to the legal validity of the electronic signatures collected within our forms. The form submitter is solely responsible for the veracity of the signature provided.

Service availability

While the website and services are normally available 24 hours a day, we shall not be liable if for any reason the website is unavailable at any time. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. Major maintenance windows will be in advance announced by e-FormBuilder technical teams in order to allow you to coordinate the usage.

Our services are hosted by Amazon Web Services (AWS), which offers stable and scalable hosting services with high availability and responsive support. Our site uses AWS servers in multiple data centers located across the United States and is GDPR compliant. However, if European customers prefer to have all the data hosted in the EU, they can signup and use our EU site, hosted by AWS, in Germany: https://app-eu.e-FormBuilder.com/. We have the latest security packages installed and we upgrade the server when necessary. Still, the possibility exists for temporary downtimes independent of our control, as for any other website. This happens very rarely and, when it happens, we do our best to solve the problem as soon as possible.

To minimize latency, please contact us if you expect a large burst of submissions or a submission rate greater than 5000 submissions per day. We will take precautionary measures to prevent any latency. However, we are not responsible for any data loss that might occur when the server is not accessible. If you have a commercial website, we cannot be held responsible for the data loss; the best we can offer you is a partial or full refund of the money paid to us for the month when the server issue occurred.

VAT levels

Because we are located in the European Union, we are subject to the Council Directive 2002/38/EC regarding European regulations on software VAT. The VAT rate in the EU varies between 15 and 25 percent depending on the rate determined by the member state where the customer is located. Companies or taxable persons are not charged VAT, but only if they have registered for a VAT ID number, provided that the annual sum exceeds a level established by their residential country.

Individuals and businesses located outside the European Union will not be charged VAT. To find out the VAT rate of your country, follow the list here.

We reserve the right to change these terms and conditions at any time, and you agree to abide by the most recent version of this Terms of Use Agreement each time you view and use the Website. You are accordingly advised to consult the Terms of Use Agreement each time you view and use the Website. Do not use the Website if you do not agree to all of the following terms and conditions.

If you have any questions or want to give us feedback, please contact us at support[at]e-FormBuilder.com.