Terms and Conditions of Use
I. Parties and Subject Matter
These Terms and Conditions of Use (hereinafter, the "Terms") govern the contractual relationship between SimpleApiForm (hereinafter, "the Company" or "SimpleApiForm"), headquartered in Lima, Republic of Peru, and any natural or legal person (hereinafter, the "User") who accesses, registers, or uses the web form backend service offered through the platform available at simpleapiform.com (hereinafter, the "Service").
By completing the registration process or by using the Service, the User declares to have read, understood, and fully accepted these Terms, which are legally binding. If the User does not agree with any of the provisions herein, they must refrain from using the Service.
II. Description of the Service
SimpleApiForm is a technology platform that allows developers, digital agencies, and work teams to receive, store, and distribute HTML form submissions without the need to implement their own server. The Service includes, among other features, the generation of unique endpoints per form, email notifications upon each submission, configuration of automatic replies to end users, post-submission redirects to custom pages, spam filtering via reCAPTCHA integration, file attachment handling, and data export in CSV format. Available features may vary depending on the plan contracted by the User.
III. Access and Registration Requirements
Access to the Service requires prior registration by creating an account with an email address and password. The User declares and warrants that the information provided during registration is truthful, complete, and up-to-date, and that they have full legal capacity to enter into this agreement, being at least eighteen (18) years of age or acting as a duly authorized representative of a legal entity.
The User is solely responsible for maintaining the confidentiality of their access credentials and for all activities carried out under their account. In the event of any unauthorized use or suspected security breach, the User must immediately notify SimpleApiForm at [email protected]. The Company assumes no liability for damages arising from failure to comply with this obligation.
IV. Plans, Pricing, and Billing
SimpleApiForm offers the following service plans: the Free Plan, which allows the User to process up to two hundred and fifty (250) form submissions per calendar month at no cost and includes SimpleApiForm branding in automatic replies; the Pay-as-you-go Plan, which enables the processing of submissions beyond the Free Plan limit at a rate of USD 0.002 (zero point two cents) per submission, with no mandatory monthly subscription; and the Pro Plan, available for USD 9.00 (nine US dollars) per month, which includes up to twenty thousand (20,000) submissions per month, removal of SimpleApiForm branding, custom automatic reply configuration, and access to priority support. Submissions exceeding the Pro Plan monthly limit will be billed at the same unit rate as the Pay-as-you-go Plan.
All prices are expressed in US dollars (USD) and include all applicable taxes under current Peruvian law. Payments are processed securely through our certified payment service provider. Pro Plan subscriptions renew automatically at the beginning of each monthly billing cycle. SimpleApiForm reserves the right to modify current prices, and will notify the User by email at least thirty (30) calendar days before the new pricing takes effect.
The User may cancel their subscription at any time from the account settings. Cancellation will take effect at the end of the current billing cycle, with no proportional refund for unused time. If a scheduled payment cannot be processed due to reasons attributable to the User, SimpleApiForm may suspend access to plan features until the outstanding balance is settled.
V. Acceptable Use
The User agrees to use the Service in accordance with applicable Peruvian law, these Terms, and the principles of good faith. In particular, the User agrees not to use the Service to transmit or store content that constitutes spam, phishing, malware, or other fraudulent or malicious communications; collect personal data from third parties without the legal basis required under Law No. 29733; store or transmit sensitive information, such as plain-text passwords or complete financial data, without appropriate security measures; attempt to breach the security, integrity, availability, or performance of the Service or third-party systems; assign, sublicense, or resell access to the Service to third parties without the prior written authorization of SimpleApiForm; or engage in any activity that is unlawful, infringes third-party rights, or causes harm to the Company or other users.
SimpleApiForm reserves the right to immediately suspend or cancel, without prior notice, the account of any User who fails to comply with the obligations described in this section, without generating any right to a refund or creating any liability for the Company.
VI. Responsibility for Third-Party Data
The User acts as the data controller for the personal data collected through forms enabled via the Service. SimpleApiForm acts as a data processor for such data, under the terms provided in Article 37 of the Regulations of Law No. 29733. Accordingly, it is the User's sole obligation to: have the legal basis enabling the collection of data from their end users; clearly and sufficiently inform those users about the processing of their data; and comply with all other obligations that apply to them as a data controller under applicable law. SimpleApiForm does not review or assume any liability for the content of submissions received through its users' accounts.
VII. Intellectual Property
SimpleApiForm and all its components, including the software, system architecture, interface design, logos, documentation, and platform content, are the exclusive property of the Company and are protected by Peruvian copyright and intellectual property law, as well as applicable international treaties. These Terms do not grant the User any ownership rights over the aforementioned elements, but only a limited, non-exclusive, non-transferable license to access the Service during the term of the contracted plan.
The data, content, and information entered or generated by the User through the Service are the User's exclusive property. SimpleApiForm claims no ownership over such content and will not use it for purposes other than the provision of the Service, unless required to do so by law.
VIII. Service Availability
SimpleApiForm will make its best efforts to keep the Service continuously available and uninterrupted. However, the Company does not guarantee uninterrupted or error-free availability, and may perform scheduled maintenance, updates, or system modifications, seeking to notify the User in advance whenever reasonably possible. SimpleApiForm assumes no liability for Service interruptions caused by factors outside its reasonable control, including infrastructure provider failures, connectivity outages, force majeure events, or acts of God.
IX. Limitation of Liability
To the maximum extent permitted by applicable Peruvian law, SimpleApiForm shall not be liable for indirect, incidental, special, punitive, or consequential damages, including data loss, lost profits, or consequential harm, arising from the use of or inability to use the Service, even if the Company has been advised of the possibility of such damages. SimpleApiForm's total and cumulative liability to the User, for any cause and under any legal theory, shall not exceed in any case the total amount actually paid by the User to SimpleApiForm during the three (3) months immediately preceding the event giving rise to the claim.
X. Modifications to the Service and Terms
SimpleApiForm reserves the right to modify, suspend, or discontinue the Service or any of its features at any time, with or without prior notice, depending on the nature of the change. Material modifications to these Terms will be notified to the User by email to the address registered in their account, at least fifteen (15) calendar days before they take effect. Continued use of the Service after such period will constitute full acceptance of the modified Terms. If the User does not accept the new Terms, they must cancel their account before the modifications take effect.
XI. Cancellation and Termination
The User may cancel their account at any time from the platform's settings section. Cancellation will take effect at the end of the current billing cycle. SimpleApiForm may terminate the contractual relationship immediately, without prior notice, in the event of the User's breach of any of the obligations set forth in these Terms, without such termination giving rise to any right to compensation or refund in favor of the User. Following account cancellation, for any reason, the User's data will be handled in accordance with the current Privacy Policy.
XII. Governing Law and Jurisdiction
These Terms are governed by and interpreted in accordance with the laws of the Republic of Peru. For the resolution of any dispute, controversy, or claim arising from or related to these Terms or the use of the Service, the parties expressly submit to the jurisdiction and competence of the courts of the city of Lima, Peru, waiving any other jurisdiction that may apply to them.
XIII. Contact
For any inquiry, claim, or notification related to these Terms, the User may contact SimpleApiForm at [email protected].