Terms of Service

1Company / Provider

Formspring is provided by:

Pixel & Process UG (haftungsbeschränkt) Marliring 74 23566 Lübeck Germany

Managing directors: Florian Wartner and Iryna Sokolova Commercial register: HRB 26535 HL, Amtsgericht Lübeck (Local Court of Lübeck) Contact: info@pixelandprocess.de

In these Terms, "Formspring," "we," "us," and "our" refer to Pixel & Process UG (haftungsbeschränkt). "You" refers to the individual or organization that uses the service.

2Acceptance of these terms

By creating an account or using Formspring, you agree to these Terms of Service and to our Privacy Policy. If you are using Formspring on behalf of an organization, you confirm that you are authorized to bind that organization to these terms.

3The service

Formspring lets you build forms, surveys, and funnels, receive and manage submissions, and route them to email, webhooks, and integrations. We may add, change, or remove features over time. The specific features available to you depend on the plan you have chosen.

4Service level and uptime

We aim for high availability of the service but do not guarantee any specific uptime. From time to time, we may schedule maintenance windows or experience unplanned outages. We will use commercially reasonable efforts to notify you of scheduled maintenance and to restore service promptly after unplanned outages. The current operational status is published at formspring.io/status.

5Beta features

We may make pre-release features available to you on a beta or early-access basis. Beta features are provided 'as is' without any warranty, may change or be withdrawn at any time, and may be subject to additional terms communicated when the feature is made available.

6Accounts and security

You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Notify us promptly if you believe your account has been accessed without authorization. You must provide accurate account information and keep it up to date.

7Acceptable use

You agree not to use Formspring to:

• •  collect, send, or store unlawful, infringing, deceptive, or harmful content;
• •  send spam or distribute malware;
• •  harass, threaten, or violate the rights of others;
• •  attempt to gain unauthorized access to the service or to other users' data; or
• •  interfere with the integrity, security, or performance of the service.

We may suspend or terminate accounts that violate this section.

8Third-party services and integrations

Formspring lets you connect to and exchange data with third-party services (such as webhooks, Slack, CRMs, and AI providers). Your use of those third-party services is governed by their own terms and privacy policies. We are not responsible for the availability, accuracy, content, or practices of third-party services, and your decision to integrate them is your own.

9Your content and data

You retain all rights to the content and data you and your respondents submit through Formspring. You grant us a limited license to host, store, process, and transmit that content solely to provide and operate the service for you. You are responsible for ensuring you have the right to collect and process the data you gather, and for complying with the laws that apply to you and your respondents.

10Intellectual property

Formspring, including the application, website, brand, and documentation, is owned by Pixel & Process UG (haftungsbeschränkt) and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the service in accordance with these terms. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of the service, except as permitted by applicable law.

11Feedback

If you send us suggestions, ideas, or feedback about the service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose, without obligation to you. We are not required to keep feedback confidential.

12Data protection roles

For the personal information your respondents submit through your forms, surveys, and funnels, you are the data controller and Formspring is the data processor acting on your instructions. Where required, this is governed by our Data Processing Addendum. For your own account and billing information, Formspring is the controller. See our Privacy Policy for details.

13Subscriptions, billing, and refunds

Paid plans are billed on a recurring basis through our payment processor, Stripe. By subscribing, you authorize recurring charges until you cancel. Fees are stated exclusive of any taxes that may apply. You can cancel at any time, effective at the end of the current billing period; unless required by law, fees already paid are non-refundable. We may change pricing with reasonable advance notice.

14Termination

You may stop using Formspring and close your account at any time. We may suspend or terminate your access if you materially breach these terms, if required by law, or if continuing to provide the service is no longer commercially reasonable. On termination, your right to use the service ends; we will make your data available for export for a reasonable period unless prohibited by law.

15Warranty disclaimer

Formspring is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or completely secure.

16Limitation of liability

To the maximum extent permitted by applicable law, Formspring and Pixel & Process UG (haftungsbeschränkt) will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, or data. Our total liability for any claim arising out of or relating to the service will not exceed the amount you paid us for the service in the twelve months before the event giving rise to the claim. Nothing in these terms limits liability that cannot be limited under applicable law.

17Indemnification

You agree to defend, indemnify, and hold harmless Pixel & Process UG (haftungsbeschränkt) and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the service in violation of these terms, (b) your content or the data you collect through Formspring, or (c) your violation of any law or the rights of a third party.

18Force majeure

Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, or denial-of-service attacks. The affected party will use reasonable efforts to mitigate the impact and resume performance as soon as practicable.

19Assignment

You may not assign or transfer these terms, by operation of law or otherwise, without our prior written consent. We may assign these terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, or to an affiliate. Any attempted assignment in violation of this section is void.

20Notices

We may send notices to you by email to the address associated with your account, by in-product messaging, or by posting on our website. You may send notices to us by email to info@pixelandprocess.de or by post to Pixel & Process UG (haftungsbeschränkt), Marliring 74, 23566 Lübeck, Germany. Notices are deemed received when sent (for email and in-product) or three business days after posting (for postal mail).

21Severability and waiver

If any provision of these terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these terms will not be considered a waiver of that right or provision.

22Entire agreement

These terms, together with the Privacy Policy, the Data Processing Addendum, and any plan-specific terms or order forms you sign with us, constitute the entire agreement between you and Formspring regarding the service and supersede any prior or contemporaneous agreements, communications, and proposals on the subject.

23Changes to these terms

We may update these Terms of Service from time to time. When we make material changes, we will update the effective date above and, where appropriate, notify you. Continued use of Formspring after a change takes effect means you accept the updated terms.

24Governing law

These Terms of Service are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer-protection rights you have under the law of your country of residence are not affected by this clause.

25Dispute resolution and venue

We hope to resolve any disputes informally. Before filing a claim, you agree to contact us at info@pixelandprocess.de and attempt to resolve the dispute through good-faith negotiation for at least sixty days. If we cannot resolve a dispute informally, the exclusive venue for any legal action arising out of or relating to these terms will be the competent courts of Lübeck, Germany, where Pixel & Process UG (haftungsbeschränkt) has its registered seat. This clause does not deprive consumers of any protection afforded by mandatory rules of the law of their country of residence.

26DMCA and copyright claims

If you believe content available on Formspring infringes your copyright, please send a notice that includes (a) your contact information, (b) identification of the copyrighted work claimed to be infringed, (c) the location of the allegedly infringing material on Formspring, (d) a statement of good-faith belief that the use is not authorized, (e) a statement under penalty of perjury that the information in the notice is accurate, and (f) your physical or electronic signature. Send the notice to info@pixelandprocess.de. We will respond in accordance with applicable law.

27Contact

Questions about these terms? Email us at info@pixelandprocess.de or write to Pixel & Process UG (haftungsbeschränkt), Marliring 74, 23566 Lübeck, Germany.