Terms and Conditions for hiform.ai

Last Updated: 01 June 2025

Welcome to hiform.ai ("hiform.ai", "we", "us", or "our"). Our website, found at https://hiform.ai (the "Site"), provides an application for users ("User", "you", "your") to create their own forms with AI assistance (the "Service").

These Terms and Conditions ("Terms") govern your access to and use of our Site and Service. By accessing or using the Site or Service, you agree to be bound by these Terms and our Privacy Policy (which is incorporated herein by reference). If you do not agree to these Terms, you must not access or use our Site or Service.

Our company is based in Australia and can be contacted at contact@hiform.ai.

1. Acceptance of Terms

By registering for, accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such an entity to these Terms, and you agree to be bound by these Terms on behalf of that entity.

2. Description of Service

hiform.ai provides a platform that enables Users to design and deploy online forms, including forms assisted by artificial intelligence ("AI") features. Users can then collect and manage data submitted through these forms. We act as a data processor for the data collected through forms created by Users (see Section 5: Data Processing and Privacy).

3. User Accounts

• a. Registration: To use certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
• b. Account Security: You are responsible for safeguarding your account password and for any activities or actions under your account, whether or not you have authorized such activities or actions. You agree to notify us immediately at contact@hiform.ai of any unauthorized use of your account.
• c. Eligibility: You must be at least 18 years old to use the Service.

4. User Responsibilities and Conduct

• a. Lawful Use: You agree to use the Service only for lawful purposes and in accordance with these Terms and all applicable Australian laws and regulations, including but not limited to the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth), and relevant state and territory legislation.
• b. Form Content and Data Collection:
  • i. You are solely responsible for the content of the forms you create, including their legality, reliability, appropriateness, and compliance with intellectual property rights.
  • ii. You are solely responsible for the data you collect through forms created using our Service ("User-Collected Data"). This includes ensuring you have obtained all necessary consents and have a lawful basis for collecting, using, and sharing User-Collected Data.
  • iii. You must comply with all applicable privacy and data protection laws regarding User-Collected Data. You must provide adequate notice to individuals whose data you collect (e.g., via a privacy policy linked to your forms) about your data collection practices.
  • iv. You agree not to use the Service to collect sensitive information (as defined under the Privacy Act 1988 (Cth) or other applicable laws) without explicit consent and appropriate safeguards, or in any way that violates applicable law.
• c. AI-Assisted Features: While hiform.ai provides AI-assisted features to help create forms, you are solely responsible for reviewing, validating, and ensuring the accuracy, legality, and appropriateness of any content generated or suggested by such AI features before publishing or using the forms. hiform.ai is not liable for any errors, omissions, or inappropriate content generated by AI.
• d. Prohibited Conduct: You agree not to:
  • i. Use the Service to create forms that are unlawful, harmful, defamatory, obscene, infringing, harassing, or otherwise objectionable.
  • ii. Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
  • iii. Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
  • iv. Attempt to gain unauthorized access to the Service or its related systems or networks.
  • v. Use the Service to send unsolicited commercial communications (spam).

5. Data Processing and Privacy

• a. Our Role:
  • i. Service Data: For data you provide to us to use the Service (e.g., your account registration information), hiform.ai acts as a "Data Controller" (or equivalent term under applicable law).
  • ii. User-Collected Data: For User-Collected Data submitted through forms you create using our Service, you are the Data Controller (or equivalent). hiform.ai acts as a Data Processor (or equivalent) on your behalf, processing this data strictly in accordance with your instructions (as manifested through your use of the Service) and these Terms.
• b. Your Obligations as Data Controller: You warrant that you have all necessary rights and consents to allow hiform.ai to process User-Collected Data on your behalf in accordance with these Terms and applicable privacy laws.
• c. Our Obligations as Data Processor: When processing User-Collected Data on your behalf, we will:
  • i. Only process User-Collected Data to provide the Service and in accordance with your lawful instructions.
  • ii. Implement and maintain appropriate technical and organizational security measures to protect User-Collected Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration, or disclosure.
  • iii. Assist you, insofar as is possible, in fulfilling your obligations to respond to requests from individuals exercising their rights under applicable privacy laws.
  • iv. Notify you without undue delay upon becoming aware of a personal data breach affecting User-Collected Data.
• d. Privacy Policy: Our collection and use of personal information in connection with your access to and use of the Service is described in our Privacy Policy, available on our Site. By using the Service, you agree to the terms of our Privacy Policy.

6. Intellectual Property Rights

• a. Our IP: The Service, the Site, and all related technology, content (excluding User-Collected Data and user-generated form content), trademarks, and software are the exclusive property of hiform.ai and its licensors. Except as expressly permitted by these Terms, you may not copy, modify, distribute, sell, or lease any part of our Service or included software.
• b. Your IP: You retain all ownership rights to the content you create for your forms and to the User-Collected Data. You grant hiform.ai a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute your form content and User-Collected Data solely for the purpose of providing and improving the Service as contemplated by these Terms.

7. Fees and Payment (If Applicable)

hiform.ai reserves the right to introduce fees for certain features or levels of service in the future. Any such fees will be communicated to you in advance, and your continued use of such features or services will constitute your agreement to pay such fees.

8. Term and Termination

• a. Term: These Terms will remain in full force and effect while you use the Service.
• b. Termination by You: You may terminate your account and these Terms at any time by ceasing to use the Service and requesting account deletion via contact@hiform.ai.
• c. Termination by hiform.ai: We may suspend or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, including if we believe you have breached these Terms.
• d. Effect of Termination: Upon termination, your right to use the Service will immediately cease. We may delete your account and associated data, including User-Collected Data, subject to our data retention policies and applicable law. Sections concerning User Responsibilities, Data Processing, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law shall survive termination.

9. Disclaimer of Warranties

• a. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
• b. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
• c. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE, INCLUDING ANY CONTENT GENERATED OR SUGGESTED BY AI FEATURES. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE SERVICE AND ANY SUCH CONTENT.

10. Limitation of Liability

• a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIFORM.AI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
• b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO HIFORM.AI FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) GIVING RISE TO THE CLAIM; OR (II) AUD $100.

11. Australian Consumer Law

• a. The limitations and exclusions of liability in these Terms do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including the Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• b. Where our services are "consumer goods" or "consumer services" under the ACL, you are entitled to certain non-excludable guarantees. If we fail to comply with a consumer guarantee, our liability is limited, to the extent permitted by law, to (at our option):
  • i. in the case of services: the supplying of the services again; or the payment of the cost of having the services supplied again.
  • ii. in the case of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired.

12. Indemnification

You agree to defend, indemnify, and hold harmless hiform.ai, its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

• a. Your use of and access to the Service;
• b. Your violation of any term of these Terms;
• c. Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
• d. Any claim that your form content or User-Collected Data caused damage to a third party or violated any applicable law (including privacy laws).

This indemnification obligation will survive the termination of these Terms and your use of the Service.

13. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, for example, by posting a notice on the Site or sending an email to the address associated with your account. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Australia for any dispute arising out of or relating to these Terms or the Service.

15. Dispute Resolution

Before filing a claim against hiform.ai, you agree to try to resolve the dispute informally by contacting us at contact@hiform.ai. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or hiform.ai may bring a formal proceeding.

16. General Provisions

• a. Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and hiform.ai concerning your use of the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic).
• b. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
• c. No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• d. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
• e. Notices: Any notices or other communications provided by hiform.ai under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Site.

17. Contact Information

If you have any questions about these Terms, please contact us at:

hiform.ai
Email: contact@hiform.ai