Terms of Service

1. Agreement
2. Definitions
3. Use of the Platform
4. Accounts
5. SMS Services
6. HIPAA
7. Acceptable Use
8. Intellectual Property and Your Content
9. Your Data
10. Fees
11. Termination
12. Disclaimers
13. Limitation of Liability
14. Indemnification
15. Governing Law and Disputes
16. Changes
17. Contact

1. Agreement

These Terms of Service ("Terms") are a binding agreement between you and Durga-Dagda Technologies LLC, doing business as SmplForms ("we," "us," or "our"), governing your use of the SmplForms platform at smplforms.com and its subdomains (the "Platform"). By using the Platform you agree to these Terms and to our Privacy Policy. If you accept on behalf of an organization, you confirm you may bind it.

2. Definitions

• "Tenant Organization" or "Tenant": an organization that subscribes to SmplForms and publishes forms through it.
• "End User": a person who completes a form a Tenant publishes.
• "Form Data": information End Users submit.
• "PHI": Protected Health Information as defined by HIPAA.
• "BAA": a Business Associate Agreement between us and a Tenant that is a HIPAA Covered Entity.
• "SMS Services": text messages sent through the Platform.

3. Use of the Platform

We grant you a limited, non-exclusive, non-transferable, revocable right to use the Platform for your organization's own business. You must use it lawfully, including under HIPAA, the Telephone Consumer Protection Act (TCPA) and applicable privacy laws.

4. Accounts

You must give accurate information, keep credentials confidential, and are responsible for activity under your account and for the people you give access to. Each Tenant's data is kept separate; you may not try to reach another Tenant's data. A Tenant may be given its own address (for example yourorg.smplforms.com), which we may change with reasonable notice.

5. SMS Services

Tenants are responsible for getting End Users' consent before texting them. We provide the technology; compliance with the TCPA and carrier rules for the messages a Tenant sends is the Tenant's responsibility. See our SMS messaging policy.

The Platform sends text messages for Tenants from a toll-free number through Amazon Web Services. Tenants agree to:

• get prior express consent from each End User before texting them, and keep a record of it;
• send only transactional messages (form invitations and reminders, notices and one-time codes), never marketing, promotional or political messages;
• never text purchased or rented number lists, or anyone who has opted out;
• follow the CTIA Messaging Principles and carrier guidelines.

STOP replies are honored automatically and further messages to that number are suppressed. We may suspend SMS Services for a Tenant that breaks these rules or draws spam complaints. Standard message and data rates charged by End Users' carriers apply.

6. HIPAA

A Tenant that is a HIPAA Covered Entity must sign a BAA with us before using the Platform for PHI. The BAA governs PHI and is part of these Terms for that Tenant. Tenants remain responsible for their own HIPAA obligations, including authorizations, and for telling us promptly of any suspected breach.

7. Acceptable Use

• Do not break the law or collect information deceptively.
• Do not send spam by email or text.
• Do not upload malware or try to get unauthorized access to the Platform or another Tenant's data.
• Do not reverse engineer, overload, scrape or resell the Platform without our written permission.

8. Intellectual Property and Your Content

We own the Platform. You own your forms, templates and Form Data, and grant us a limited license to host, process and transmit them only to provide the Platform. Feedback you give us may be used freely.

9. Your Data

You own the Form Data collected through your account and are responsible for having the right to collect it. After your account ends you may ask for an export within 30 days; after that we may delete it under our retention practices.

10. Fees

Paid subscriptions are billed in advance as agreed. Fees are non-refundable except as required by law or your subscription agreement. We give 30 days' notice of price changes. Unpaid accounts may be suspended. Taxes are your responsibility.

11. Termination

You may cancel at any time, effective at the end of the billing period. We may suspend or end access for a material breach, a violation of law, or a risk to others. Terms that by their nature should survive termination do.

12. Disclaimers

The Platform is provided "as is" and "as available," without warranties of any kind. We are a technology provider, not a healthcare provider, legal advisor or compliance consultant.

13. Limitation of Liability

To the extent the law allows, Durga-Dagda Technologies LLC is not liable for indirect, incidental, special, consequential or punitive damages, and our total liability is limited to the greater of the fees you paid in the 12 months before the claim or $100.

14. Indemnification

You will defend and indemnify Durga-Dagda Technologies LLC against claims arising from your breach of these Terms, your violation of law (including HIPAA or the TCPA), your use of End User data without proper consent, or messages and forms you send through the Platform.

15. Governing Law and Disputes

These Terms are governed by California law. Disputes that cannot be settled in good faith go to binding individual arbitration under the American Arbitration Association's rules, except that either party may seek injunctive relief in court; courts in Napa County, California have jurisdiction. No class actions.

16. Changes

We may update these Terms and will tell Tenant administrators of material changes at least 14 days before they take effect.

17. Contact

For a Business Associate Agreement, put "BAA Request" in the subject line.