Jotform

Severity 5 · egregious

“We use certain artificial intelligence (AI) in our websites and Platform, to help you build forms, communicate with us, and get answers, and to help us serve and understand our users. AI technology is improving all the time, but it’s not perfect, so don’t rely on AI-generated forms, content, advice, or answers to help you with regard to critical matters involving things like the law, health, finances, physical safety, and the like.”

Jotform uses AI to help you build forms and get answers, but warns you not to rely on it for critical matters like legal or financial advice.

You could get bad advice from their AI that leads to significant financial or legal trouble.

Matches The New York Times Co. v. OpenAI & Microsoft (2023)

Severity 5 · egregious

“You acknowledge and agree that Jotform may display your forms on our websites and platforms, and that we may use your forms for the purposes of improving the form builder, for learning about how you and other people use, build, and create and submit forms, for teaching our staff, systems, and products about such matters, and for other purposes.”

Jotform can display your forms on their site and use them to improve their platform, train staff, and for other purposes.

Your form designs and data could be used by Jotform to train their AI and improve their product, potentially exposing your methods.

Matches The New York Times Co. v. OpenAI & Microsoft (2023)

Severity 5 · egregious

“You agree that you will defend Jotform against claims, including but not limited to lawsuits, brought by third parties against Jotform arising out of your forms or your use of the Platform or your use, collection, or disclosure of Data, or your use of any AI Functionality or any Input or Output related thereto (see the link to the AI terms of use in Section 7 above); this includes but is not limited to claims that arise from your violation of these Terms or of the law or of another person or entity’s legal rights or privacy rights or intellectual property rights such as copyright, trademark, or patent rights.”

You must defend Jotform if your forms or use of their AI tools lead to lawsuits from third parties, including for privacy or intellectual property violations.

You could be on the hook for legal fees and damages if your forms or AI usage infringes on someone else's rights.

Severity 3 · notable

“Your Jotform subscription will automatically renew at the end of each billing cycle until you cancel your subscription or you downgrade to a free/Starter plan – see this page and the Billing section in your Account Settings.”

Your Jotform subscription automatically renews until you cancel or downgrade to a free plan.

You will be charged for another subscription term if you forget to cancel before the renewal date.

Matches FTC v. Amazon (Iliad Flow / Prime Enrollment) (2023)

Severity 4 · material

“Jotform may, in its sole and absolute discretion, modify these Terms from time to time. If you object to any such changes, your sole recourse shall be to cease using the Jotform Platform. Continued use of the Jotform Platform following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.”

Jotform can change these terms whenever they want, and if you keep using the platform, you agree to the new terms.

You could be bound by new terms you never agreed to, simply by continuing to use the service.

Matches FTC v. MoviePass / Helios and Matheson Analytics (2021)

Severity 3 · notable

“Form data. We store our customers’ form data (form fields and input and data inputted in those fields), in some cases using third party server providers such as Amazon Web Services and Google Cloud.”

Jotform stores your form data, sometimes using third-party providers like AWS and Google Cloud.

Your form data is stored by Jotform and their cloud providers, increasing the surface area for potential data breaches.

Matches Schrems II (Data Protection Commissioner v. Facebook Ireland) (2020)

Severity 4 · material

“You agree that we may immediately and permanently shut off your access to the Platform if you materially breach any provision of this Agreement.”

Jotform can immediately and permanently block your access if you significantly break any part of the agreement.

You could lose access to your forms and data instantly if Jotform decides you've violated the terms, with no chance to fix it.

Matches Bungie / Destiny 2 Account Termination Litigation (2023)

Severity 4 · material

“Upon the expiration of your subscription, or termination of this Agreement for any reason, you agree to cease all access to and use of the Jotform Platform. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue the hosting of your forms and Data, and to delete Data pursuant to our internal policies.”

When your subscription ends or is terminated, Jotform will delete your forms and data according to their policies.

You will lose access to your forms and all submitted data once your subscription is terminated or expires.

Matches Bungie / Destiny 2 Account Termination Litigation (2023)

Severity 5 · egregious

“EXCEPT IF AND TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY OR ALL OF THE FOLLOWING TYPES OF DAMAGES, WHETHER ARISING AT COMMON LAW OR BY STATUTE: DAMAGES FOR LOST PROFITS, LOST TIME, LOST BUSINESS, OR LOST REVENUES, REIMBURSEMENT OF MONIES PAID BY YOU TO THIRD PARTIES TO HELP YOU USE OR LEARN TO USE THE PLATFORM OR TO DEAL WITH REAL OR PERCEIVED ISSUES WITH THE PLATFORM, FOR ANY FORM OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY FUNCTIONALITY PROVIDED IN OR THROUGH THE PLATFORM, OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM SUCH USE, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.”

Jotform is not liable for lost profits, lost business, or any indirect or consequential damages, even if they knew about the possibility.

You cannot recover damages for lost profits or business losses if Jotform's service fails or causes issues.

Matches Capital One Data Breach Class Action — settled for $190M (2022)

Severity 4 · material

“EXCEPT AS IMPERMISSIBLE UNDER LAW, IN NO EVENT SHALL JOTFORM’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING WHEN THE CLAIM AROSE.”

Jotform's total liability for any issues is capped at the amount you paid them in the 12 months before the claim.

If Jotform causes significant financial loss, you can only recover up to what you've already paid them.

Matches Capital One Data Breach Class Action — settled for $190M (2022)

Severity 4 · material

“You agree that you will defend Jotform against claims, including but not limited to lawsuits, brought by third parties against Jotform arising out of your forms or your use of the Platform or your use, collection, or disclosure of Data, or your use of any AI Functionality or any Input or Output related thereto (see the link to the AI terms of use in Section 7 above); this includes but is not limited to claims that arise from your violation of these Terms or of the law or of another person or entity’s legal rights or privacy rights or intellectual property rights such as copyright, trademark, or patent rights.”

You must defend Jotform against third-party claims arising from your forms, data use, or AI functionality, including IP or privacy violations.

You are responsible for defending Jotform against lawsuits related to your forms or how you use their platform.

Matches T-Mobile Data Breach Settlement — settled for $350M (2022)

Severity 4 · material

“Jotform reserves the right to modify the Platform and any functionality provided in or through the Platform, and to stop offering such things for your use, with or without notice to you. We always endeavor to improve our products and services, but we do not warrant or guarantee that any of them or any particular features or functionality will always be available during the term of your subscription. Jotform shall not be liable to you or any third party for any such modifications or changes.”

Jotform can change or stop offering any part of the platform at any time without notice, and they won't be liable for it.

Features you rely on could be removed or changed without warning, potentially disrupting your workflow.

Matches X Corp. Verified User Class Action (2024)

Severity 4 · material

“Jotform may, in its sole and absolute discretion, modify these Terms from time to time. If you object to any such changes, your sole recourse shall be to cease using the Jotform Platform. Continued use of the Jotform Platform following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.”

Jotform can change the terms of service at any time, and continued use means you agree to the new terms.

You may be bound by new terms you haven't explicitly agreed to, just by continuing to use the platform.

Matches Italian DPA (Garante) v. WhatsApp — settled for $6M (2022)

Severity 4 · material

“If, in your use of the Platform or any aspect thereof, you enable or use services or functionality from third parties not affiliated with Jotform, such as integrations or AI Functionality, you are giving your consent to the Platform and the third party provider performing all actions deemed necessary for the performance of service including but not exclusive to implementing vendor integration services into a live production environment without any additional authorization by you.”

If you use third-party services integrated with Jotform, you consent to Jotform and the third party performing necessary actions without further authorization.

Jotform can automatically implement integrations and share data with third parties without your explicit approval for each action.