Terms of Service

1. The Service

Hula Forms provides tools to build, publish, embed, and share online forms, including collecting electronic signatures and routing form responses by email. You are solely responsible for the content of any form you create, any agreement or contract language you include in a form, and how you use responses you collect. We are a software provider — we do not review, approve, draft, or provide legal advice regarding the content of your forms, and nothing in the Service constitutes legal advice.

2. Your Account

You must provide accurate information when creating an account and keep your login credentials confidential. You are responsible for all activity that occurs under your account. Notify us immediately at support@hulaforms.com if you suspect unauthorized access.

3. Subscription & Billing

The Service is offered on a recurring monthly subscription basis, billed through our payment processor (Stripe). Subscriptions renew automatically until canceled. You may cancel at any time; your access continues through the end of the billing period already paid for. Fees are non-refundable except where required by law.

4. Payments Collected Through Your Forms

The Service may let you ("Owner") collect payments directly from the people who fill out your forms ("Payers") using Stripe Connect. If you enable this feature, you connect your own independent Stripe account, and payments go directly from the Payer to your Stripe account. Hula Forms is not a party to these payments, does not process, hold, control, or have access to the funds at any point, and is not a bank, payment processor, money transmitter, or escrow agent. Our role is limited to providing the software that displays a payment field and hands the transaction to Stripe.

By connecting a Stripe account through the Service, you separately agree to Stripe's own terms governing connected accounts, and you are responsible for complying with them, as well as any laws applicable to your business (including sales tax, licensing, and consumer protection requirements in your jurisdiction).

You are solely responsible for: the goods or services described in your form; fulfilling those obligations to the Payer; setting accurate prices; and handling any refunds, cancellations, or disputes with your Payer directly. Hula Forms has no involvement in and no responsibility for the underlying transaction between you and your Payer, and is not liable for any dispute, chargeback, failed payment, delayed payout, or disagreement arising from it. We do not currently charge an additional fee on top of what Stripe charges for processing, but we reserve the right to introduce one in the future with reasonable notice.

5. Your Content & Data

You retain ownership of the forms you create and the responses you collect ("Your Content"). You grant Hula Forms a limited license to host, store, transmit, and display Your Content solely as necessary to operate and provide the Service to you (for example, emailing you a copy of a submitted response). You are responsible for having the right to collect and process any personal information you gather through your forms, and for complying with applicable privacy laws in how you use it.

You are strongly encouraged to keep your own independent copies of important form responses, contracts, and signatures (for example, the PDF copies automatically emailed to you upon each submission). While we take reasonable measures to protect and back up data, no online service can guarantee against data loss, corruption, or unavailability, and you should not rely on the Service as your sole record-keeping system for anything you cannot afford to lose.

6. Acceptable Use

You agree not to use the Service to:

• Collect information unlawfully, fraudulently, or without required consent from the people filling out your forms;
• Create forms or content that is illegal, defamatory, harassing, or infringes on another's rights;
• Attempt to interfere with, disrupt, or gain unauthorized access to the Service or other users' accounts or data;
• Use the Service to send spam or unsolicited bulk communications.

We reserve the right to suspend or terminate any account that violates these Terms, with or without notice.

7. Disclaimer of Warranties

The service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or that the service will be uninterrupted, secure, error-free, or that any data loss will not occur.

8. Limitation of Liability

To the fullest extent permitted by law, Hula Forms and its owner(s) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, revenue, profits, or business opportunities, arising out of or related to your use of the Service — including, without limitation, any loss, corruption, deletion, or unauthorized access to forms, form responses, signatures, images, or other content, and including any dispute, chargeback, failed transaction, delayed payout, or disagreement arising from a payment collected through your form — even if we have been advised of the possibility of such damages. In no event shall our total aggregate liability to you for any claim arising from or related to the Service exceed the total amount you paid us in the twelve (12) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Hula Forms and its owner(s) from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your Content or the forms you create; (b) your use or misuse of the Service, including any payment you collect or attempt to collect through a form; (c) your violation of these Terms or of Stripe's own terms governing your connected account; or (d) your violation of any rights of a third party, including anyone who fills out your forms or pays through one.

10. Termination

You may stop using the Service and cancel your subscription at any time from your billing settings. We may suspend or terminate your access to the Service at any time, with or without cause or notice, including for violation of these Terms.

11. Dispute Resolution — Binding Arbitration & Class Action Waiver

You and Hula Forms agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court. You and Hula Forms each waive any right to a jury trial and to participate in a class action, class arbitration, or any representative action. Any arbitration will be conducted on an individual basis only.

12. Governing Law

These Terms are governed by the laws of the State of Hawaii, United States, without regard to its conflict-of-law principles, except as modified by the arbitration provision above.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we'll update the "Last updated" date above. Continuing to use the Service after changes take effect constitutes acceptance of the revised Terms.

14. Contact

Questions about these Terms can be sent to support@hulaforms.com.