Terms & Conditions

These Terms & Conditions contain the terms and conditions that govern all use of our Platform (as defined below) and Services (as defined below) and all content, services and/or products available on or through the Platform (collectively, the “Formify Services”).

The Formify Services are offered to you subject to your acceptance, without modification (other than Special Terms (as defined below) agreed by the parties pursuant to these Terms & Conditions), of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy), the Guidelines (as defined below) and any future modifications thereof, and procedures that may be published from time to time on the Platform or made available to you on or through the Formify Services (collectively, the “Terms”). When accepted by you (as defined below), these Terms form a legally binding contract between you and Supplier (as defined below). If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE FORMIFY SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE PLATFORM OR THE FORMIFY SERVICES.

Supplier may, in its sole discretion, elect to suspend or terminate access to, or use of the Formify Services to anyone who violates these Terms.

If you use the Free Plan, the applicable provisions of these Terms govern that use.

The original language of these Terms is English. Supplier may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.

1. Definitions

“Account” – the primary means for accessing and using the Formify Services under the selected Plan;

“Authorization” – the set of rights and privileges assigned to a User by a Client

“Balance” – a prepaid amount of money or a number of included signatures held by an Account on a Plan that is no longer offered to new Clients, used in place of or in addition to Credits;

“Client” – a natural or legal person who has accepted these Terms with the Supplier;

“Client Data” – Files and any other digital data and information, which is subjected to the Formify Services or otherwise inserted to the System by the Client (including the specific Content, Users, Products, persons, Organizations and Activities, associated with the Client);

“Content” – any data and information available through Formify Services or contained within the structure of the System, articles, documents, brochures, presentations, pictures, images, audiovisual works, other informational materials and any comments;

“Credits” – prepaid or granted units of use that are deducted when chargeable functions of the Formify Services are used, as described in Section 5.9;

“Fee” – any payment for the Formify Services, including recurring subscription fees and one-off purchases of Credits or Balance;

“Files” – documents of any kind (images, presentations, spreadsheets, text files, etc.) that are inserted to the System by the Client;

“Free Plan” – the Plan described in Section 5.6, available without a Fee;

“Guidelines” – additional guidelines or rules applicable to specific features, applications, products, or services which may be posted from time to time on the Platform or otherwise made available on or through the Formify Services;

“Organization” – legal persons (such as companies) and other entities with which that Client is sharing content through the Formify Services;

“Formify Materials” – the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Formify Services;

“Formify Services” – the Web Sites, System, Content, Platform and all content, services and/or products available on or through the Platform;

“Plan” – the plan selected for or applicable to an Account, including plans that are no longer offered to new Clients, which determines the included Credits or Balance, functionality and Fees;

“Platform” – the Formify application;

“Pricing Page” – the current price list published at formify.eu/pricing, including its language versions, and any price list that Supplier has made available to a Client for a Plan that is no longer offered to new Clients;

“Products” – the goods or services that a Client is offering to persons and Organizations;

“Reseller” – third party entity that (i) purchases Formify Services from Supplier and resells such Formify Services to Clients, (ii) bills such Clients directly and (iii) provides such Clients with customer service;

“Special Terms” – any particulars, specifications and conditions by which the parties have agreed to deviate from these Terms;

“Stage” – the status of a Deal at a certain point in time;

“Supplier” – Formify AB, a company incorporated in Sweden with organization number 559243-6868;

“System” – the integrated cloud computing solution for providing the Formify Services, including applications, software, hardware, data bases, interfaces, associated media, documentation, updates, new releases and other components or materials provided therewith;

“User” – a natural person granted with the Authorization to use the Account on behalf of a Client;

“Web Site” – the compilation of all web documents (including images, php and html files) made available via formify.eu (and pdfblankett.se) or its sub domains or domains with identical names under other top domains and owned by Supplier.

2. Authority to Enter into These Terms with Supplier

The use of the Formify Services is subject to acceptance of these Terms. To accept these Terms for itself or on behalf of a Client, a person must have the legal capacity to do so. In the case of an individual, the individual must be at least 18 years of age or have valid authorization from his/her legal representative or custodian. In the case of a legal entity, the entity must be duly incorporated and in good standing.

If you access and use the Formify Services without creating an Account, for example only by opening a link to review or sign a document or by using any AI Features made available in that context, you agree to these Terms to the extent they are applicable to such limited use of the Formify Services.

The Terms are accepted as soon as one of the following occurs first:

the person has received the confirmation of the creation of the Account and necessary credentials from Supplier in order to log in to his/her/its Account; or
for those Formify Services and parts of the Web Site the use of which is not dependent on creating an Account, upon the moment of gaining access to such services.

You may not, without Supplier’s prior written consent, access the Formify Services (i) for production purposes, (ii) if you are a competitor of Formify, (iii) to monitor the availability, performance or functionality of the Formify Services or (iv) for other benchmarking or competitive purposes.

Once accepted, these Terms remain effective until terminated as provided for herein.

3. Modifications to Terms

Supplier reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through the Platform or the Formify Services. Please check these Terms periodically for changes. Your continued use of the Formify Services after such changes have been posted as provided above constitutes your binding acceptance of such changes. Such amended Terms will automatically be effective upon the earlier of (i) your continued use of the Formify Services, or (ii) 30 days from posting of such modified Terms on or through the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and Supplier will be governed by the Terms in effect at the time such dispute arose.

4. Our Responsibilities

4.1. Provision of Formify Services

Supplier will (a) make the Formify Services, Content and Client Data available to a Client pursuant to these Terms, (b) provide applicable standard support for the Formify Services to Client at no additional charge, and/or upgraded support (for an additional charge, if applicable), (c) use commercially reasonable efforts to make the Formify Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which Supplier shall give advance electronic notice as provided in the Guidelines), and (ii) any unavailability caused by circumstances beyond Supplier’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, or denial of service attack.

4.2. Protection of Client Data

Supplier will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Client Data, as described in the Guidelines. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Client Data by Supplier personnel except (a) to provide the Formify Services and prevent or address service or technical problems, (b) as compelled by law in accordance with Section 7.4 (Compelled Disclosure) below, or (c) as a Client or User expressly permit in writing.

The Supplier’s US service providers have entered into Data Processing Agreements with the Supplier that include the Standard Contractual Clauses (as approved by the European Commission). The Supplier complements these with its own risk assessments and supplementary measures to ensure that personal data from the EEA receives an adequate level of protection in the United States, in accordance with Article 46 of the GDPR. For transfers to certified companies in the United States, the Supplier may also rely on the EU-U.S. Data Privacy Framework.

By agreeing to these Terms, the Client grants the Supplier a general authorization in the meaning of Article 28 (2) of Regulation (EU) 2016/679 to engage processors for the purposes of providing the Formify Services. The Supplier will inform the Client of changes in such processors in accordance with the procedure of modifying these Terms as stipulated in section 3 of these Terms.

To read more on the topic we refer to our Privacy Policy, available at formify.eu/privacy.

5. Using the Formify Services

5.1 Establishing an Account

Certain features, functions, parts or elements of the Formify Services can be used or accessed only by holders of an Account. The person who wishes to create an Account must:

complete the sign-up form on the Web Site or alternative process provided by a Reseller if access to the Formify Services is purchased from a Reseller; and
accept these Terms by clicking “Sign up” or other similar button

Each Client may have only one Account. If several persons need to use an Account on behalf of Client, Client must designate such persons as Users. Each such User shall be subject to the restrictions set forth in these Terms.

If Client has designated Users and granted them Authorization, such Users will be deemed to be authorized to act on behalf of Client when using the Account. Supplier is not responsible for and shall have no liability for verifying the validity of Authorization of any User. However, Supplier may, in its discretion, request additional information or proof of the person’s credentials. If Supplier is not certain if a User has been granted Authorization, Supplier may, in its sole discretion, prevent such User from accessing the Formify Services.

A User may be associated with multiple Clients and Accounts. Deleting a User from one Account will not remove the User from the Platform if he/she is connected to multiple Accounts.

The Client and any User associated with an Account must provide Supplier with true, accurate, current, and complete information about the Client, Users or Account and keep it up to date.

5.2 Logging Into an Account

Supplier shall provide Client with a username and password (“Login Credentials”) to be used to log in to its Account unless the Client uses the single sign-on feature or another service to log in. These Login Credentials must not be used by multiple persons. If Client has designated several Users, each User will be provided with separate Login Credentials. Client and each User are responsible for keeping confidential all login credentials associated with an Account. Client must promptly notify Supplier:

of any disclosure, loss or unauthorized use of any Login Credentials; of a User’s departure from the Client’s organization;
of a change in a User’s role in the Client’s organization;
of any termination of a User’s right for any reason.

5.3 Termination of Account

Client may terminate these Terms at any time as provided in Section 17. Supplier shall permanently delete the Account within nine months of the effective date of the termination.

5.4 Fees

Unless otherwise agreed, a new Account starts on the Free Plan (Section 5.6) and the Client may move to a paid Plan at any time. Depending on the Plan, Fees are charged as a subscription in advance for each monthly or annual payment interval, as one-off purchases of Credits or Balance, or not at all. All Fees are non-refundable except as expressly stated in these Terms or required by mandatory law: there are no refunds for periods where the Client did not use the Account, used it only partially, or terminated these Terms during an ongoing payment interval, and Credits or included signatures that are unused at the end of their validity expire in accordance with the Plan. If the Client upgrades to a more expensive Plan, the unused portion of any prepaid Fee is applied to the Fee of the new Plan.

The Fees, the Credit cost of each chargeable function and the contents of each Plan are set out on the Pricing Page, which forms part of these Terms. The prices shown on the Pricing Page when an order is placed apply to that order. For Plans that are no longer offered to new Clients, the prices and contents that applied when the Plan was purchased or last renewed continue to apply; Supplier will make that price list available to the Client on request. Changes to prices and Credit costs are made in accordance with Section 8.3 and apply to all Credits or Balance used after the effective date of the change, regardless of when they were acquired.

All Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. Client is solely responsible for the payment of such taxes, levies or duties.

5.5 Changing Plans

Any Client has the right to upgrade or downgrade a current Plan at any time by selecting a new Plan among the collection of Plans determined by the Supplier, if the new Plan is possible to upgrade or downgrade to from the current Plan. In such an event, the Client’s credit card on file with the Supplier will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan.

Downgrading of the current Plan may cause the loss of features or capacity of the Account, as well as the loss of Client Data.

5.6 Free Plan

Unless otherwise agreed, a new Account starts on the Free Plan and the Client may upgrade to a paid Plan at any time. The Free Plan is available without charge and without providing payment details. It includes a limited number of Credits each month, as stated on the Pricing Page. Free Credits are granted at the start of each monthly period, cannot be accumulated and expire unused at the end of that period. The Free Plan is not limited in time, but it is intended for evaluation and low-volume use. Supplier may at any time and at its sole discretion limit, suspend or deactivate an Account on the Free Plan, for example to prevent abuse or the creation of several Accounts in order to obtain additional free Credits, and may change the scope of the Free Plan in accordance with Section 8.3. Sections 5.3 and 17.3 apply to the deletion of a deactivated Account.

In addition to the current collection of Plans, Supplier may offer special discounts and motivation schemes (for example finder’s fees, etc.).

5.7 Vouchers

Vouchers can be redeemed to add Credits or Balance to an Account. Such Credits can be used to activate Formify Services within the Platform.

Vouchers, and Credits obtained through vouchers, can never be redeemed for cash, returned for a refund, or be activated and/or used after the expiration date of the voucher and/or Credits. The Supplier may modify the expiration date of a voucher without notice. The Supplier may remove or revoke vouchers and/or Credits at any time with or without notice, if there are suspicions of abuse or violation of the Terms.

5.8 Welcome offers and campaigns

Welcome offers and campaigns may include Credits or Balance added to an Account, or other offerings. Such Credits can be used to activate Formify Services within the Platform.

Just like Credits redeemed through vouchers, Credits redeemed through welcome offers/campaigns can never be redeemed for cash, returned for a refund, or be activated and/or used after the expiration date of the voucher and/or Credits. The Supplier may modify the expiration date and/or the scope of a welcome offer/campaign without notice. The Supplier may remove or revoke welcome offers/campaigns and/or Credits at any time with or without notice.

5.9 Credits

(a) Chargeable functions of the Formify Services, such as sending a document for signature, identity verification of a signer, SMS and WhatsApp messages, AI features and optional add-on features, are paid for with Credits. The number of Credits deducted for each function, including volume discounts and functions billed per user and month, is stated on the Pricing Page at the time the function is used. Add-on features billed per month are charged pro rata for the remainder of the month in which they are enabled.

(b) Credits are obtained through the purchase of Top-Up Credits, through a Seats subscription, through the Free Plan, or through vouchers, welcome offers and campaigns (Sections 5.7 and 5.8). Credits are consumed in order of their expiry date, soonest first. Monthly Credits from the Free Plan or a Seats subscription are therefore used before Top-Up Credits, which remain as an additional balance and are only used once the monthly Credits for the period have been consumed. Upgrading to a Seats subscription does not affect Top-Up Credits already held on the Account.

(c) Top-Up Credits are valid for twelve (12) months from the date of purchase. Credits included in a Seats subscription are granted for each payment interval; Credits unused at the end of a monthly interval remain available for one (1) further month and then expire, but never beyond the end date of the subscription period if the subscription has been cancelled. Free Credits expire at the end of the monthly period in which they were granted. Credits granted through vouchers or campaigns expire as stated when issued. Expired Credits are forfeited without compensation.

(d) Credits have no monetary value outside the Formify Services, are not legal tender, cannot be exchanged for cash, are non-refundable except as required by mandatory law, and cannot be transferred or sold to another Account or Client. Credits belong to the Account, not to an individual User.

(e) Where a function is priced after use, such as usage-based AI features, or where features billed per period have been enabled, the Credit balance of an Account may become negative. The Client shall settle a negative balance by purchasing Credits or through the next subscription payment. Until the balance has been settled, Supplier may restrict the Account, including preventing new documents from being sent and withholding downloads of completed documents by the Client and its Users. Access for recipients and signers to documents they have signed is not affected. Section 6.3 applies to overdue amounts. Accounts on the Free Plan cannot use functions that would result in a negative balance.

(f) Upon termination of these Terms or deletion of an Account, all remaining Credits expire and cannot be recovered or refunded, without prejudice to mandatory consumer rights.

(g) Plans no longer offered. A Client on a Plan that is no longer offered to new Clients may hold a Balance instead of, or in addition to, Credits. The Balance is used in accordance with the terms of that Plan, and included signatures that are unused at the end of a license period expire. Paragraphs (d) to (f) apply to a Balance correspondingly. Supplier may offer such a Client a transition to a current Plan; any remaining Balance is then converted to Credits at the rate stated in the offer. A Client may continue on its existing Plan until the Plan is changed or withdrawn in accordance with Section 8.3.

5.10 Consumers

If you are a consumer, that is a natural person acting for purposes outside your trade or business, mandatory consumer protection law applies in addition to these Terms and prevails in case of conflict.

6. Payment

The following provisions are applicable only if you purchase access to the Formify Services directly from Supplier. If you purchase access to the Formify Services through a Reseller, the payment terms are set forth in the agreement with your Reseller.

6.1 Credit Card Authorization

Supplier may seek pre-authorization of Client’s credit card account prior to your purchase of Formify Services in order to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You authorize such credit card account to pay any amounts described herein, and authorize Supplier to charge all sums described in these Terms to such credit card account. You agree to provide Supplier updated information regarding your credit card account upon Supplier’s request and any time the information earlier provided is no longer valid.

6.2 Electronic Invoice

If Supplier has not sought pre-authorization of your credit card, then before the end of each payment interval, Client will be issued an electronic invoice for payment of the Fee of the next payment interval. Client must pay the invoice by the due date indicated on the invoice.

6.3 Overage Charges

Upon delay with any payments, Supplier may require the Client to pay interest on the delay (penalty for late payment) for the period as of the time the payment obligation falls due until conforming performance is rendered. The interest rate of penalty for late payment due, if Formify is the Supplier, shall be the European Central Bank main refinancing rate (as at 1 January and 1 July in each year) plus 8 percentage points.

7. Client data

7.1 Uploading Client Data to Platform

If the Client uploads Client Data to the Platform, such Client Data and any processing of such Client Data must be in compliance with these Terms and applicable law. All rights, title and interest in and to the Client Data belong to the Client or third persons (including Users, persons and Organizations) whether posted and/or uploaded by you or made available on or through the Formify Services by Supplier. By uploading Client Data to the Platform, Client authorizes Supplier to process the Client Data. The Client is responsible for ensuring that:

the Client and any of the Users associated with the Account do not create, transmit, display or make otherwise available any Client Data that violates the terms of these Terms, the rights of Supplier, other Clients or Users, persons or Organizations or is harmful (for example viruses, worms, malware and other destructive codes), offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, defamatory, hateful or otherwise unlawful; and the Client and all of the Users associated with the Account have the necessary rights to use the Client Data, including to insert it into the Platform and process it by means of the Account.

7.2 No Guarantee of Accuracy

Supplier does not guarantee any accuracy with respect to any information contained in any Client Data, and strongly recommends that you think carefully about what you transmit, submit or post to or through the Formify Services. You understand that all information contained in Client Data is the sole responsibility of the person from whom such Client Data originated. This means that Client, and not Supplier, is entirely responsible for all Client Data that is uploaded, posted, transmitted, or otherwise made available through the Formify Services, as well as for any actions taken by the Suppliers or other Clients or Users as a result of such Client Data.

7.3 Unlawful Client Data

Supplier is not obliged to pre-screen, monitor or filter any Client Data or acts of its processing by the Client in order to discover any unlawful nature therein. However, if such unlawful Client Data or the action of its unlawful processing is discovered or brought to the attention of Supplier or if there is reason to believe that certain Client Data is unlawful, Supplier has the right to:

notify the Client of such unlawful Client Data;
deny its publication on the Web Site or its insertion to the System;
demand that the Client bring the unlawful Client Data into compliance with these Terms and applicable law;
temporarily or permanently remove the unlawful Client Data from the Web Site or Account, restrict access to it or delete it.

If Supplier is presented with convincing evidence that the Client Data is not unlawful, Supplier may, at its sole discretion, restore such Client Data, which was removed from the Web Site or Account or access to which was restricted.

In addition, in the event Supplier believes in its sole discretion Client Data violates applicable laws, rules or regulations or these Terms, Supplier may (but has no obligation), to remove such Client Data at any time with or without notice.

Supplier as the data processor, will assist the Client as the data controller in meeting the Client’s obligations under Regulation (EU) 2016/679, providing subject access, and allowing data subjects to exercise their rights under Regulation (EU) 2016/679.

7.4 Compelled Disclosure

Supplier may disclose a Client’s confidential information to the extent compelled by law to do so. In such instance, Supplier will use commercially reasonable efforts to provide Client with prior notice of the compelled disclosure (to the extent legally permitted) and Client shall provide reasonable assistance, at its cost, if Client wishes to contest the disclosure. If Supplier is compelled by law to disclose Client’s confidential information as part of a civil proceeding to which Supplier is a party, and Client is not contesting the disclosure, Client will reimburse Supplier for its reasonable cost of compiling and providing secure access to that confidential information.

8. Services

8.1 Use of the Formify Services

Subject to these Terms, and the payment of the applicable service Fee, Supplier grants Client and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to use the Formify Services to:

use the Formify Services,
generate reports based on Client Data,
generate, modify and delete Client Data;
customize the standard features of the Formify Services;
receive reasonable help and guidance from Supplier regarding the use of the Formify Services.

8.2 Technical Support

Supplier shall provide reasonable technical support to Client and its authorized Users at the reasonable request of the Client. Supplier shall respond to enquiries of support from a Client utilizing the contacts set forth below as soon as reasonably possible. Responding to enquiries of Clients and Users who have accepted these Terms but do not have an Account may be less expedient, or may not occur at all.

The contacts for all enquiries of support are:

built-in notification application on the Web Page
e-mail: support@formify.eu

Notwithstanding the foregoing, if you purchased access to the Formify Services from a Reseller, then first-line technical support will be provided by the Reseller and not by the Supplier.

8.3 Modifications to Service

Supplier reserves the right to modify the Formify Services or any part or element thereof from time to time without prior notice, including, without limitation:

rebranding the Formify Services at its sole discretion;
ceasing providing or discontinuing the development any particular Formify Service or part or element of the Platform temporarily or permanently;
taking such action as is necessary to preserve Supplier’s rights upon any use of the Formify Services that may be reasonably interpreted as violation of Supplier’s intellectual property rights, distribution of Internet viruses, worms, Trojan horses, malware, and other destructive activities or illegal activity.

As applicable, Client may be notified of such modifications when logging in to the Account. Supplier will notify the Client of modifications that materially reduce the Formify Services or increase the applicable Fees or Credit costs at least thirty (30) days before the effective date of such modification, by email or by notice when logging in to the Account.

If the Client does not accept the modification, the Client shall notify Supplier or Reseller (if Client purchased access to the Formify Services from a Reseller) before the effective date of the modification, and these Terms will terminate on the effective date of the modification. The Client’s continued use of the Formify Services, or any part or element thereof, after the effective date of a modification shall indicate its consent to the modifications. Supplier shall not be liable to the Client or to any third person for any modification, suspension or discontinuance of the Formify Services, or any part or element thereof.

8.4 Use of AI Features

Formify may provide features powered by artificial intelligence (“AI Features”) to assist Users and other individuals who interact with documents through the Service (for example, people who access a document via a signing link) in tasks such as form completion, data extraction, explaining form fields or document content, or summarising and generating text.

AI Features are assistive tools only. They do not provide legal, financial, medical or other professional advice and should not be relied upon as such.

To provide the AI Features, Formify processes the text you input into the AI Features together with relevant document context (such as form fields, labels, instructions, metadata and other visible document content in the document you are working with), and certain technical metadata (such as timestamps, identifiers and language settings). Formify may also process additional context or content that the Client chooses to supply (for example, templates, help texts, product information or business rules) so that the AI Features can respond more accurately.

This processing may be carried out on Formify’s systems and by carefully selected third-party AI service providers acting as processors on Formify’s behalf. Such providers are contractually prohibited from using Client Data or personal data processed through the AI Features to train their general-purpose foundation models for their own purposes. More information about the processing of personal data in connection with AI Features, including international transfers and retention, is set out in Formify’s Privacy Policy.

While AI Features are designed to be helpful, generated output may be inaccurate, incomplete, outdated or otherwise unsuitable for your particular use case. You are solely responsible for reviewing, editing and verifying the accuracy and appropriateness of any content generated by AI Features before using, relying on, publishing or submitting it. Formify disclaims all liability for any inaccuracies, errors or omissions in AI-generated content and, to the maximum extent permitted by law, for any decisions or actions taken based solely on such content.

The Client is responsible for ensuring that its use of AI Features (including any enablement of AI Features for individuals who access documents via links for viewing or signing) complies with applicable laws, internal policies and any information obligations toward data subjects.

8.5 Identity Verification and ID Document Features

Supplier offers optional features for verifying the identity of signers and other recipients, such as verification through electronic identification, scanning of identity documents and comparison of a live image with the photo in the identity document (together “Identity Verification Features”). These features are activated by the Client for a document, template or link.

The Client decides whether, when and for which recipients Identity Verification Features are used, and for what purpose. The Client is the controller of the personal data collected through these features, including images of identity documents, the data extracted from them and the result of the verification. Supplier processes such data on the Client’s instructions in accordance with Section 9.

Before activating Identity Verification Features, the Client is responsible for ensuring that, under the laws that apply to the Client and to the recipients concerned, it has a valid legal basis for collecting and processing the identity data in question; that the collection is necessary and proportionate for the Client’s purpose; that any additional requirements that apply to sensitive categories of data or to data relating to minors are met; that recipients receive the information they are entitled to; and that any required assessments, records or authorisations are in place. Identity data collected through these features may be retained only for as long as the Client’s purpose requires, and the Client is responsible for configuring retention and for deleting or exporting the data accordingly.

The Client shall select the least intrusive verification option that satisfies its purpose. Where confirming a recipient’s identity is sufficient, the Client shall not retain images of identity documents. Supplier provides guidance on the available options and their data protection implications; such guidance does not constitute legal advice and does not transfer the Client’s responsibility to Supplier.

As part of the verification flow, Supplier asks the recipient for consent to the processing of biometric data that is necessary to compare images and to verify the identity automatically. This consent concerns the technical verification step and does not replace the legal basis that the Client must have for collecting identity data.

If Supplier receives a complaint or a request from an authority, or otherwise has reason to believe that a Client uses Identity Verification Features without a valid legal basis or contrary to applicable law, Supplier may suspend the features for the Client, restrict access to the collected identity data or delete it, in accordance with Section 7.3. Section 15 applies to any claim arising from the Client’s use of Identity Verification Features.

9. Data Processing Contract

For the purposes of Article 28 of Regulation (EU) 2016/679, these Terms constitute the data processing contract between the Client as the data controller and the Supplier as the data processor. The Client hereby instructs the Supplier to process the data as described in these Terms.

9.1 Subject matter and nature of processing

The Platform has been designed to work as a digital document, forms and e-signature platform (including optional AI-powered features), but, to the extent not regulated by these Terms, the Client decides how they use the Platform.

Where the Client activates Identity Verification Features (Section 8.5), the processing also includes the verification of recipients’ identity through electronic identification, the scanning of identity documents and the comparison of images, including biometric data, carried out on the Client’s instruction.

9.2 Duration

The Supplier will process data on behalf of the Client until the termination of the Formify Services in accordance with these Terms. Upon termination, Formify will store the Client’s data for a period of nine months, should the Client wish to reopen the Account to resume the use of the Formify Services or to export Client Data, unless instructed otherwise by the Client. The Supplier deletes or returns all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless otherwise agreed.

Data that has not been completed, finalized, or submitted may be subject to earlier deletion in line with our data retention practices outlined in the Privacy Policy.

9.3 Parties’ rights and obligations

The Client’s rights and obligations regarding Client Data are provided in sections 4 through 10 of these Terms. The Supplier ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. The Supplier takes all measures required pursuant to Article 32 of Regulation (EU) 2016/679. The Supplier undertakes to make available to the controller all information necessary to demonstrate compliance with their obligations and to allow for and contribute to audits, including inspections, conducted or mandated by the Client as the data controller.

10. Restrictions

10.1 Prohibited Activities

Client and its authorized Users may use the Formify Services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and applicable law. By way of example, neither the Client nor any User may:

use the Formify Services or any part or element thereof to commit a crime, breach any applicable law or entice or invite others to carry out such illegal actions;
copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Formify Services or any part or element thereof, or attempt to extract the source code thereof, unless (i) it is expressly allowed under applicable law, and (ii) to the extent that the Supplier is not permitted by that applicable law to exclude or limit the foregoing rights;
use the Formify Services or any part or element thereof unless it has agreed to these Terms;
use the Formify Services or any part or element thereof, including the AI Features, to generate or submit content that is unlawful, discriminatory, defamatory, misleading, or otherwise violates applicable law or the rights of any third party.

10.2 Certain Uses Require Supplier Consent

The Client or any User may not, without Supplier’s prior express written consent:

sell, resell, lease, license, sublicense, distribute, provide, disclose, divulge, exploit or otherwise grant Access or make the Formify Services available in whole or in part to any third persons, unless such third person is another authorized User of the same Client;
use the Formify Services or any part or element thereof in a scope, with means or for purposes other than those for which their functionality was created;
use the Formify Services or any part or element thereof by means of programs that send automatic enquiries or requests, unless such access takes place through interfaces, integrations or programs expressly supported, documented or otherwise made available by Supplier, including Supplier APIs, OAuth integrations or MCP integrations;

11. Privacy

Supplier takes the privacy of its Clients and Users very seriously. Supplier’s Privacy Policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully as it governs Supplier’s collection, use, and disclosure of Client’s or User’s personal information.

12. Intellectual Property Rights

12.1 Formify’s Intellectual Property Rights in the Formify Services

The Formify Services, Formify Materials, Formify trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by Supplier and its third party vendors and hosting partners. Formify Materials are protected by copyright, trade dress, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws. Supplier, its affiliates and licensors retains all right, title and interest in such Formify Services, Formify Materials, Formify trade names and trademarks, and any parts or elements. Your use of the Formify Services and Formify Materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the Formify Materials is strictly prohibited unless you have received the express prior written permission from Supplier or the otherwise applicable rights holder. Supplier reserves all rights to the Formify Services, Formify Materials and Formify trade names and trademarks not expressly granted in the Terms.

12.2 Content Owned by Formify

Subject to these Terms and the payment of the applicable service Fee, Supplier grants Client and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to download a single copy of any part of the Content solely for your personal, non-commercial use if you retain all copyright and proprietary notices that are contained in such part of the Content. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Platform or the Formify Services. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the Formify Services or as otherwise permitted by applicable law.

12.3 Client Data

Supplier may use Client Data in an aggregated or anonymized format for research, educational and other similar purposes. Supplier may not otherwise use or display Client Data without Client’s written consent. Supplier respects your right to exclusive ownership of your Client Data. Unless specifically permitted by you, your use of the Formify Services does not grant Supplier the license to use, reproduce, adapt, modify, publish or distribute the Client Data created by you or stored in your Account for Supplier’s commercial, marketing or any similar purpose. Client expressly grants Supplier the right to use and analyze aggregate system activity data associated with use of the Formify Services by Client and its Users for the purposes of optimizing, improving or enhancing the way the Formify Services operate, and to create new features and functionality in connection with the Formify Services in the sole discretion of Supplier.

Client is solely responsible for its own Client Data and the consequences of posting or publishing it on or through the Formify Services. In connection with Client Data, Client affirms, represents, and warrants that: (i) Client either owns its Client Data or has the necessary licenses, rights, consents, and permissions to use and authorize Supplier to display or otherwise use the Client Data under all patent, trademark, copyright, trade secret, or other proprietary rights in and to the Client Data in a manner consistent with the intended features of the Formify Services and these Terms, and to grant the necessary rights and licenses to Supplier as set out in this Section, and (ii) Client Data, Supplier’s or any Formify licensee’s use of such Client Data pursuant to these Terms, and Supplier’s or any Formify licensee’s exercise of such rights and licenses, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) violate any applicable law or regulation anywhere in the world; or (c) require obtaining a license from or paying any fees and/or royalties by Supplier to any third party for the performance of any Formify Services Client has chosen to be performed by Supplier or for the exercise of any rights granted in these Terms, unless Client and Supplier otherwise agree.

12.4 Feedback

If Client or a User provides Suppliers with any comments, bug reports, feedback, or modifications for the Formify Services (“Feedback”), Supplier shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Formify Services. Client or User (as applicable) hereby grants Supplier a perpetual, irrevocable, nonexclusive, royalty free license under all rights necessary to incorporate, publish, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, exploit and use your Feedback for any purpose.

13. Third-Party Sites, Products and Services

The Formify Services may include links to other websites or services (“Linked Sites”) solely as a convenience to Clients. Unless otherwise specifically and explicitly indicated, Supplier does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, Supplier makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

Any content referred to as community provided is provided by third parties and not developed or maintained by Formify. By using any community marked code or libraries in your software development, you acknowledge and agree that Formify is not in any way responsible for the performance or damages caused by such community provided code or library.

14. Disclaimers; No Warranty

UNLESS OTHERWISE EXPRESSLY STATED BY SUPPLIER, THE Formify Services, FORMIFY MATERIAL, AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Formify Services ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUPPLIER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY.

UNLESS OTHERWISE EXPRESSLY STATED BY SUPPLIER, SUPPLIER AND ITS AFFILIATES DO NOT WARRANT THAT THE Formify Services AND ANY CONTENT, CLIENT DATA SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Formify Services WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Formify Services AND ANY CONTENT, CLIENT DATA, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Formify Services OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNLESS OTHERWISE EXPRESSLY STATED BY SUPPLIER, SUPPLIER AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE Formify Services, FORMIFY MATERIAL OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

THE LAWS OF CERTAIN COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15. Indemnification

You agree to defend, indemnify and hold harmless Supplier and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Formify Services (including the collection of identity data through Identity Verification Features at the Client’s instruction and any claim by a recipient or an authority relating to such data), Formify Materials, representations made to the Supplier, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Supplier reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Supplier, and you agree to cooperate with such defense of these claims.

16. Limitation of Liability

16.1 No Liability

Supplier shall not be liable to the Client or User for any consequences resulting from:

any modifications in these Terms, calculation and rates of Fees, the Formify Services, Formify Material, or any part or element thereof (including but not limited to Account), including any error, permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the Formify Services or Formify Material;
deletion of, corruption of, or failure to store any Client Data;
use of Client Data by the Client or any of the Users associated with the Account;
upgrading or downgrading the current Plan;
any disclosure, loss or unauthorized use of the login credentials of Client or any authorized User due to Client’s failure to keep them confidential;
the Client’s use of the Account or the Formify Services by means of browsers other than those accepted or supported by the Supplier;
the application of any remedies against the Client or authorized Users by the Supplier, for example if the Client or User has committed a crime or conducted a breach of applicable law by using the Formify Services or any part or element thereof;
the differences between technologies and platforms used for access, for example if certain features, functions, parts or elements of the Formify Services are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet;
the Supplier’s application of the remedies described in these Terms, even if the reasonable grounds or legal basis for the application of these remedies turned out to be unfounded or invalid afterwards.

In addition, Supplier and its affiliates shall not be liable to the Client for any claim by any User, person, Organization or third persons against the Client arising out of the Client’s failure to:

provide Supplier with accurate information about the Client, Users or Account;
notify Supplier of any reasons due to which a User does not have the right to use the Account on behalf of the Client;
provide any Products which it has agreed to provide to such a person or Organization (whether such failure arises as a result of Supplier’s negligence, breach if these Terms or otherwise);
ensure the lawfulness of the Client Data;
obtain the necessary rights to use the Client Data; or abide by any of the restrictions described in these Terms.

16.2 Limitation of Liability

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FORMIFY AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY CLIENT HEREUNDER FOR THE Formify Services GIVING RISE TO THE LIABILITY IN THE SIX MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CLIENT’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” SECTION ABOVE.

16.3 Exclusion of Consequential and Related Damages

IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

17. Termination of These Terms

17.1 For Convenience

These Terms may be terminated for convenience upon written notice to the other party as indicated in the “Notice” Section below:

by the Client any time by revoking the billing agreement; or if the client is paying for the Service via a Reseller, by means agreed upon between the Client and the Reseller;
by Supplier upon decision to end provision of the Formify Services and close the Platform; or
immediately by either party, if proceedings are initiated for the other party’s liquidation or insolvency or a negotiated settlement with the other party’s creditors is concluded or an assignment is made on behalf of the other party for the benefit of creditors.

17.2 For Default

These Terms may be terminated for default upon written notice to the other party as indicated in the “Notice” Section below:

by either party in case of breach of these Terms by the other party, if the breach has not been cured within 30 days of receipt of a notice from the non-breaching party; or
immediately by either party if the other party breaches its obligations, as applicable under Sections 12 [Intellectual Property Rights] and 15 [Indemnification] of these Terms.

17.3 Effect of Termination.

Upon termination of these Terms,

Supplier shall deactivate and permanently delete the Account, within nine months of the effective date of termination of these Terms. If the Client has specifically requested for an earlier deletion of the Account, Supplier shall fulfill such request within 1 month of its receipt of such request.

Client must:

stop using and prevent the further usage of the Formify Services, including, without limitation, the Platform;
pay any amounts owed to Supplier under these Terms; and
discharge any liability incurred by the Client before under these Terms prior to their termination; and
The following provisions shall survive the termination of these Terms: Sections 1, 7.4, 10, 11, 12, 14, 15, 16, 18 and 19.

17.4 Remedies

If Supplier terminates these Terms as a result of an uncured breach by a Client or User, Supplier is entitled to use the same or similar remedies against any other persons who use the Formify Services in conflict with these Terms. Notwithstanding the foregoing, Supplier may also apply any other remedies available to it under the applicable law. Upon application of any remedies, the Client or User may lose Access or suffer a loss of certain features, functions, parts or elements of the Formify Services.

If Supplier has reasonable grounds to believe that the Client’s or User’s use of the Formify Services, including the Account may harm any third persons, Supplier has the right to take adequate measures under its control to prevent, stop and eliminate the harm, where possible, in order to protect those third persons.

18. Who You Are Contracting With

18.1 General

By accepting these Terms, you are entering into a contract with Formify AB. All references to "Supplier" in these Terms shall mean:

Formify AB
‍Organization number: 559243-6868
Kivra: 559243-6868, 106 31 Stockholm, Sweden
Email: support@formify.eu

18.2 Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms.

Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by the general courts of Sweden. The District Court of Stockholm (Sw. Stockholms tingsrätt) shall be the court of first instance.

19. General Provisions

19.1 Relationship of the Parties

The parties will act solely as independent contractors. These Terms shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the Client and either Supplier, and the Client shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. These Terms are not for the benefit of any third parties.

19.2 Severability

If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.

19.3 Entire Agreement

These Terms are the entire agreement between Client and Supplier regarding Client’s use of the Formify Services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Except as otherwise provided herein, no modification, amendment, or waiver of any provision of these Terms will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.

19.4 Assignment

Client may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without Supplier’s prior written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. Notwithstanding the foregoing, the Client, or its permitted successive assignees or transferees, may assign or transfer these Terms or delegate any rights or obligations hereunder without consent: (1) to any entity controlled by, or under common control with the Client, or its permitted successive assignees or transferees; or (2) in connection with a merger, reorganization, transfer, sale of assets or product lines, or change of control or ownership of the Client, or its permitted successive assignees or transferees.

19.5 No Waiver

Failure of either Party to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.

19.6 Notices

Except as otherwise specified in these Terms, all notices related to these Terms will be in writing and will be effective upon (a) personal delivery, (b) the second business day after mailing, or (c), except for notices of termination or an indemnifiable claim (“Legal Notices”), which shall clearly be identifiable as Legal Notices, the day of sending by email. Billing-related notices to you will be addressed to the relevant billing contact designated by you. All other notices to you will be addressed to the relevant Services system administrator designated by you.

2026-09-28