Terms and conditions

Formable provides software and APIs for creating, reviewing, negotiating, signing, and managing documents and related workflows. Features may include templates, AI-assisted review, collaborative redlining, electronic signatures, audit trails, webhooks, embedded experiences, and related tooling.

Additional detail on how Formable designs e-signing, audit trails, encryption, and record retention is described on our Security page. We may modify, add, or remove features from time to time. We do not guarantee that any particular feature will remain available indefinitely.

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for the accuracy of account information, safeguarding credentials, and all activity under your account or API keys.

Notify us promptly of any unauthorized access or suspected compromise of your account or credentials.

You retain ownership of documents, templates, fields, recipient data, and other materials you submit to the Service (“Customer Content”). You grant Formable a limited license to host, process, transmit, display, and otherwise use Customer Content solely to provide and improve the Service, comply with law, and as otherwise described in our Privacy Policy and Data Processing Agreement.

You represent that you have all rights and consents needed to upload and process Customer Content, including personal data of recipients and counterparties, and that your use of the Service will not violate applicable law or third-party rights.

The Service may enable electronic signatures and related electronic records. Formable designs these workflows to support the core requirements commonly associated with U.S. electronic signature law, including consent to transact electronically, intent to sign, association of the signature with the record, and retention of an accessible, reproducible record. More detail is on our Security page and in our Consent to electronic records and signatures.

Under the federal Electronic Signatures in Global and National Commerce Act (“ESIGN Act”), a signature, contract, or other record “may not be denied legal effect, validity, or enforceability solely because it is in electronic form,” and a contract “may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation” (15 U.S.C. § 7001(a)). Where a law requires retention of a contract or other record, ESIGN provides that the requirement is met by retaining an electronic record that “accurately reflects the information set forth in the contract or other record” and “remains accessible … in a form that is capable of being accurately reproduced for later reference” (15 U.S.C. § 7001(d)).

The Uniform Electronic Transactions Act (“UETA”), adopted in substantially similar form by most U.S. states, provides that “[a] record or signature may not be denied legal effect or enforceability solely because it is in electronic form” and that “[a] contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation” (UETA § 7).

For regulated electronic recordkeeping, the U.S. Securities and Exchange Commission’s broker-dealer rules historically required electronic records to be preserved in a non-rewriteable, non-erasable (write once, read many, or “WORM”) format, and amendments to Exchange Act Rule 17a-4 retain WORM as an option while also allowing an audit-trail alternative that must permit recreation of an original record if it is modified or deleted. Formable uses tamper-evident audit trails and immutable WORM-style object storage for completed signing records as described on our Security page. Those controls are designed to support strong record integrity; they do not by themselves make every customer or use case compliant with Rule 17a-4 or any other industry-specific retention regime.

You are responsible for determining whether electronic signatures and electronic records are appropriate for your documents and jurisdictions, for obtaining any required consents from signers, and for complying with any sector-specific recordkeeping rules that apply to you. Formable is not a law firm and does not provide legal advice. Audit trails and signature workflows are tools; you remain responsible for the legal effect of documents executed through the Service.

If you use Formable APIs or embed Formable experiences in your product (see Developers and our API documentation), you must:

• Keep API credentials confidential and rotate them if exposed
• Use the API within published rate limits, documentation, and your plan entitlements
• Present any required disclosures to end users of your product
• Not reverse engineer, scrape, or misuse the Service except as permitted by law

You may not use the Service to:

• Violate law, regulation, or third-party rights
• Send spam, phishing, malware, or deceptive signature requests
• Attempt unauthorized access, disrupt, or overload the Service
• Upload unlawful, infringing, or harmful content
• Resell or provide the Service to third parties except as expressly allowed by your plan or a written agreement

Paid plans, usage limits, and fees are described on our pricing pages or in an order form. Fees are due as stated at purchase. Unless otherwise stated, subscriptions renew automatically and fees are non-refundable except where required by law or as we expressly offer (including any published money-back guarantee).

We may suspend access for non-payment or material breach. Taxes are your responsibility unless we state otherwise.

The Service, including software, branding, documentation, and non-Customer Content materials, is owned by Formable and its licensors. These Terms do not transfer any Formable IP to you other than a limited, non-exclusive, non-transferable right to use the Service as permitted under your plan.

Each party may receive non-public information from the other. The receiving party will use reasonable care to protect that information and use it only to perform under these Terms, except for information that is or becomes public through no fault of the receiving party, was already known, was independently developed, or must be disclosed by law.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORMABLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORMABLE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. FORMABLE’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO FORMABLE FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

You will defend and indemnify Formable against claims, damages, and expenses arising from Customer Content, your use of the Service, or your violation of these Terms or applicable law.

You may stop using the Service at any time. We may suspend or terminate access for breach, risk to the Service or other users, legal requirements, or non-payment. Upon termination, your right to use the Service ends. Provisions that by their nature should survive will survive, including IP, confidentiality, disclaimers, limitations of liability, and indemnity.

These Terms are governed by the laws of the State of Delaware, USA, excluding conflict-of-law rules. Courts in Delaware will have exclusive jurisdiction, except that Formable may seek injunctive relief in any jurisdiction.

We may update these Terms from time to time. Material changes will be posted on this page with an updated date, and we may provide additional notice where appropriate. Continued use of the Service after changes become effective constitutes acceptance.