Terms of Service

These Terms of Service (“Terms”) are an agreement between you and ZekerCRM, trading as Shapeform (KvK 42148584), a eenmanszaak (sole proprietorship) established in the Netherlands (“Shapeform”, “we”, “us”). They apply to the Shapeform website, apps, APIs, integrations and all related services (the “Service”).

By creating an account, or by continuing to use the Service after accepting these Terms, you agree to them and to our Privacy Policy. If you use Shapeform on behalf of an organisation, you confirm you may bind it, and “you” includes that organisation.

People who only fill in a form built with Shapeform (“respondents”) don't need an account; the relationship between a respondent and a form owner is between them, and our Privacy Policy explains how we handle their answers.

• Account: your registered Shapeform account. Workspace: a space for forms that can be shared with teammates.
• Your Content: everything you or your teammates put into the Service, such as forms, text, images, files, templates and settings.
• Responses: the answers, files and metadata submitted to your forms.
• Consumer: a natural person acting outside their trade, business, craft or profession.
• Paid Plan: Pro, Team, Agency or Enterprise, as described on our pricing page.

• You must be at least 16 years old and give accurate information. One person may not share a login; invite teammates instead.
• You are responsible for keeping your password and API keys secret and for everything that happens under your account. Tell us at support@shapeform.net straight away if you suspect unauthorised access.
• Workspace owners control who has access to their workspace and its forms and responses, and are responsible for the people they invite. If your organisation uses single sign-on, it controls your access through its identity provider.

The Free plan costs nothing. Paid Plans are billed in advance per month or per year through our payment provider Stripe and renew automatically at the end of each period until cancelled. Prices are shown on our pricing page and at checkout and include or exclude VAT as stated there.

• Cancelling. You can cancel at any time in Settings → Manage billing. Your plan stays active until the end of the period you already paid for and then moves to Free. We don't refund unused time, except where the law requires it or we say otherwise.
• Upgrading. When you move to a higher plan you pay the prorated difference for the rest of the current period right away.
• Failed payments. If a payment fails we'll ask you to update your card. If it stays unpaid we may move your account to Free; your forms and responses stay, but paid features switch off.
• Price changes. We may change prices for future periods. We'll tell you at least 14 days before a new price applies to your subscription; you can cancel before then.
• Downgrading. If your plan ends or is reduced, features of the higher plan switch off. Nothing is deleted because of a downgrade.

Right of withdrawal for consumers. If you are a consumer in the EU you may withdraw from a Paid Plan within 14 days of purchase without giving a reason by emailing support@shapeform.net. Because the Service starts immediately, you ask us to start right away when you subscribe; if you withdraw, we refund the amount paid minus a proportional amount for the period you already used.

• You can take payments in forms by connecting your own Stripe account. Payments are made directly to your Stripe account; you are the seller and responsible for your products or services, prices, taxes, refunds, chargebacks and receipts toward your customers. Stripe's own terms apply to your Stripe account.
• On the Free plan we charge a platform fee of 3% of each payment, deducted automatically by Stripe. On Paid Plans the platform fee is 0%. Stripe's processing fees apply on every plan. Platform fees are not refunded when you refund a customer, unless Stripe returns them to us.
• You may not use payments for anything illegal, deceptive, or prohibited by Stripe's restricted business list.

You agree not to use the Service to:

• collect passwords, one-time codes, recovery phrases, full card numbers or other credentials, or impersonate another person, company or service (phishing);
• publish illegal content, or content that is fraudulent, hateful, harassing, threatening, sexually exploits minors, or infringes others' rights;
• send spam or unsolicited messages, including through confirmation emails or integrations;
• distribute malware, or try to break, overload, scrape or get unauthorised access to the Service or other people's data;
• collect special categories of personal data (such as health data) or data about children unless you have a valid legal basis and appropriate safeguards;
• get around plan limits, rate limits or security measures, or resell the Service except as allowed on the Agency and Enterprise plans.

We may review forms, templates and reports for abuse, including with automated tools, and remove content or suspend forms that break these rules. Respondents can report forms to us at any time.

• You keep all rights to Your Content and Responses. We don't claim ownership.
• You give us a worldwide, non-exclusive licence to host, store, copy, display and transmit Your Content and Responses only as needed to provide and improve the Service for you, and as you instruct (for example when you share a form, publish a template, or connect an integration).
• If you publish a template to the community gallery, you allow other users to copy and adapt it. You can unpublish it at any time; copies already made remain.
• You confirm you have the rights and permissions needed for everything you upload or collect.
• You can export Responses as CSV and delete forms, responses and your account at any time.

• You are the controller of the personal data you collect through your forms. Tell respondents who you are, why you collect their data and how long you keep it, and have a valid legal basis under the GDPR or other applicable law.
• If you add analytics or advertising tags (Google Analytics, Google Tag Manager, Meta Pixel) or enable features that use cookies, you are responsible for obtaining any required consent from respondents.
• Only send confirmation emails to people who submitted your form, with content related to their submission.
• On Agency and Enterprise plans you may offer forms and dashboards to your own clients under your brand. You are responsible for your clients' use of the Service and for your agreements with them, and you must make sure they accept these Terms when they create a Shapeform account.

The Service lets you connect third-party services such as Google, Slack, Notion, Airtable, Discord, Stripe, Zapier, Make and your own webhooks. When you do, you instruct us to send data to them. Their own terms and privacy policies apply, and we are not responsible for how they handle data or for their availability. You can disconnect them at any time.

Some features use artificial intelligence, such as generating forms from a description. AI output can be wrong or incomplete; review it before you publish. Don't put personal data in AI prompts. We don't use your forms or responses to train AI models.

This section is our data processing agreement under Article 28 of the GDPR. It applies when we process personal data in Responses (and other personal data in Your Content) on your behalf. You are the controller and we are the processor.

• Subject and duration. Hosting forms, collecting, storing, displaying, exporting and forwarding Responses, for as long as you use the Service and until the data is deleted.
• Data and data subjects. Whatever you choose to collect in your forms (for example names, contact details, answers, files and payment status) about your respondents, and personal data about your teammates and clients.
• Instructions. We process the data only on your documented instructions, which are these Terms and the settings and actions you take in the Service, unless the law requires otherwise; we'll tell you if we believe an instruction breaks the law.
• Confidentiality. Everyone who has access to the data on our side is bound to confidentiality.
• Security. We take appropriate technical and organisational measures, as described in our Privacy Policy.
• Sub-processors. You authorise the sub-processors listed in our Privacy Policy. We impose equivalent data protection obligations on them and remain responsible for them. We'll announce new sub-processors at least 14 days in advance by updating the Privacy Policy and notifying you; you may object, and if we can't resolve it you may terminate before the change.
• Assistance. We help you respond to requests from data subjects and with security, breach notification, impact assessments and prior consultation, taking into account the nature of the processing.
• Breaches. We notify you without undue delay, and where possible within 48 hours, after becoming aware of a personal data breach affecting your data.
• Deletion. When you delete Responses, forms or your account, we delete the data from live systems; backups roll over within 30 days. You can export your data before deleting it.
• Transfers. Transfers outside the EEA take place only with appropriate safeguards such as Standard Contractual Clauses or an adequacy decision.
• Audits. We make available the information needed to demonstrate compliance and allow reasonable audits, at your cost and with reasonable notice, limited to once a year unless required by a supervisory authority.

We work hard to keep Shapeform fast and available, but we don't guarantee uninterrupted service unless agreed in a separate written agreement (for example on Enterprise). We may change, add or remove features. If we remove a material paid feature during a period you paid for, you may cancel and receive a pro-rata refund for the rest of that period.

• You can stop using the Service and delete your account at any time in Settings.
• We may suspend forms or accounts, or end this agreement, if you seriously or repeatedly break these Terms, don't pay, put the Service or others at risk, or if the law requires it. Where reasonable we'll warn you first and give you a chance to fix the problem and export your data.
• We may also end the agreement for convenience with at least 30 days' notice, refunding any prepaid fees for the remaining period.
• Sections that by their nature should continue (such as liability, content rights and governing law) survive termination.

The Service is provided “as is” and “as available”. To the extent permitted by law, we are not liable for indirect or consequential loss, lost profits, lost revenue, lost data or reputational damage.

Our total liability arising out of or relating to these Terms in any 12-month period is limited to the amount you paid us in the 12 months before the event giving rise to the claim, or €100 if that is higher.

These limitations don't apply to damage caused by our intent or deliberate recklessness (opzet of bewuste roekeloosheid), to death or personal injury, or to any liability that cannot be limited under applicable law. If you are a Consumer, nothing in these Terms limits the rights you have under mandatory consumer law.

If you use Shapeform for business, you will compensate us for third-party claims arising from Your Content, your forms, your use of payments, or your breach of these Terms or of data protection law, except to the extent caused by us.

The Service, including its software, design, templates we provide and the Shapeform name and logo, belongs to us or our licensors. We give you a personal, non-exclusive, non-transferable right to use the Service under these Terms. If you send us feedback or suggestions, we may use them freely without obligation to you.

We may change these Terms and our Privacy Policy, for example to reflect new features, legal requirements or how we run the Service. We will announce changes at least 14 days before they take effect by email to your account address and with a notice in the app, and show the effective date at the top of the document.

If you don't agree with a change, you can stop using the Service and cancel before the change takes effect; prepaid fees for the remaining period will be refunded if the change materially reduces your rights. Once a change takes effect, you'll be asked to accept the new version before you continue using the Service.

Changes required by law, or changes that only benefit you, may take effect sooner.

These Terms are governed by the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Disputes will be submitted to the competent court in the Netherlands in the district where we are established.

If you are a Consumer, you keep the protection of the mandatory rules of the country where you live, and you may also bring a claim before the competent court where you live. Please contact us first at support@shapeform.net so we can try to solve the problem together.

• These Terms, the Privacy Policy and any order form or separate agreement we sign with you (for example for Enterprise) are the entire agreement between us. If they conflict, the separate signed agreement wins.
• If any part of these Terms is invalid, the rest stays in force and the invalid part is replaced by a valid one that comes closest to its intent.
• You may not transfer your rights under these Terms without our consent. We may transfer them to a successor of our business, and will tell you if we do.
• We communicate with you by email and in the app. Notices to us go to support@shapeform.net.
• These Terms are written in English; a translation is for convenience only.