Legal Notice and Terms of Use

Information of the company that manages the services

These ToU were last updated on March 8, 2024.

The platform accessible through the www.typeform.com and www.videoask.com domain names (the “Site”) is provided by TYPEFORM SL (hereinafter referred to as “us”, “we” or the “Company”), a Spanish entity with registered address at Via Augusta 29 - 31, 08006 – Barcelona (Spain), and C.I.F. (Spanish tax identification number) B65831836. The Company is registered in the Commercial Registry of Barcelona, page B-421911, folio 145, volume 43262. You may contact us regarding Typeform by filling out our Contact Form and regarding VideoAsk by filling out our Contact Form or sending an email at support@videoask.com.

Please read these Terms of Use (“ToU”) carefully before you start to use the Site. By using the Site or by clicking to accept or agree to this ToU when this option is made available to you, you accept and agree to be bound and abide by this ToU, our Privacy Notice and our Cookie Notice (each of which is incorporated herein by reference) and all applicable laws and regulations.

IMPORTANT NOTICE: IF YOU ARE USING THE PLATFORM
IN THE U.S., THESE STC CONTAIN A WAIVER OF JURY TRIALS AND CLASS ACTIONS GOVERNING DISPUTES ARISING FROM USE OF THE SERVICES. IT MAY AFFECT YOUR LEGAL RIGHTS AS DETAILED IN THE GOVERNING LAW AND DISPUTE RESOLUTION PAGE. PLEASE READ CAREFULLY.

IF YOU DO NOT AGREE TO BE BOUND BY ANY PROVSION IN THIS STC, THE
WEBSITE TOU, THE PRIVACY POLICY, OR THE COOKIE NOTICE, YOU MUST
DISCONTINUE ALL ACCESS AND USE OF THE SERVICES.

​Please be advised that by subscribing to our Services (as defined below), you will also be subject to the relevant services agreement that applies to the specific subscription you purchased, each of which can be found at Services Agreement (each a “Services Agreement”). If there is any conflict between this ToU and any Services Agreement, the Services Agreement will govern with respect to that particular service.

1. General

These ToU are the legal agreement between you and the Company, and govern the access to, browsing, and use of the Site, whether as a guest or a registered user. By accessing the Site, you accept to be bound by these ToU. In the case you do not agree with the terms and conditions set forth herein, you must refrain from accessing and using the Site. Should you have any doubts in connection with these ToU, please contact us through our Contact Form.

If you are using the Site on behalf of a corporation or other entity, you represent and warrant that you can agree to this ToU on behalf of such entity and all references to “you” throughout these TOU will include such entity, jointly and severally with you personally.

Persons using the Site represent and warrant that as a condition of use that they are (i) 18 years of age or older or (ii) if under 18, have parental or other legal guardian permission to access materials and are over 14 years of age (a “Minor”). If you are a parent or legal guardian of a Minor using the Site, you hereby agree to bind the Minor to this ToU and to fully indemnify and hold harmless the Company if the Minor breaches and terms or conditions in this ToU. If you ae not at least 14 years old, you may not use the Site at any time or in any manner or submit any information to the Company or the Site.

You also represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If any applicable law, rule, or regulation prohibits you from accessing the Site, you may not access it.

2. Purpose

The purpose of the Site is to provide general and business information about the activity of the Company and, with respect to users that have created an account in accordance with the Service Terms and Conditions, enable the use of the services offered by us, consisting in the creation of forms and any other services as may be offered by us from time to time (indistinctly referred to as the “Services”).

To ensure you can successfully participate in the Services, we recommend that you review the performance of your technology, as we cannot accept any responsibility for slow loading, latency, or failure to view or access forms or other online content forming part of any Service. We reserve the right to limit the use of any Service to any person, geographic region, or jurisdiction.

3. Information available on the Site

We make great efforts to ensure that all general and business information on the Site is comprehensive and error-free, and we periodically review the content, information, and any other data of any kind included in the Site. However, you acknowledge and accept that all data available on the Site is provided for information purposes only, and that the Company does not warrant nor accept any liability for any errors existing in the information. All Service descriptions and pricing are subject to change at any time without notice, at our sole discretion. Additionally, we reserve the right to discontinue any Services at any time. We recommend that you search from time to time for updates of, or amendments to, the contents of the Site.

4. Your use of the Site

You must use the Site and the Services complying with law and public order. In particular, you undertake not to use them to pursue illegal purposes, contrary to the rights and legitimate interests of us or any other third party, or in any other manner that may tamper, disrupt, overload or otherwise damage the Site and/or the Services. You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of the Company.

5. Accounts

The Site contains certain areas and contents that are accessible to all persons and contains areas that may be accessed by valid, active account holders after login with assigned username and password credentials through a personal user account (“Account”). You shall provide accurate, complete, and current Account information and, as applicable, timely update the same. You are solely responsible for the activity that occurs on the Account and for keeping your Account credentials secure. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You shall remain solely responsible for the activity arising out of any failure to keep your Account details confidential and notify us promptly of any breach of security or any known unauthorized use of the Account. Notwithstanding deletion of the Account, the Company may retain your data as reasonably necessary for compliance with applicable law or as otherwise set forth in our Privacy Policy. You agree that all information you provide to register with the Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

6. Feedback

You can submit to us via the Site or otherwise questions, comments, suggestions, and ideas ("Feedback"). Any Feedback you provide to us shall be deemed to be non-confidential and non-proprietary, and, accordingly, the Company shall be free to use such information on an unrestricted basis.

7. Indemnity

You shall indemnify, defend, and hold the Company, its officers, directors, employees, agents, partners, suppliers, and/or licensors harmless, and will keep them indemnified from and against any claim, loss, expense, liability, damage or demand—including reasonable attorney’s fees— relating to, arising from, or allegedly arising from your use of the Site and/or the Services in breach of the law, or a breach of these ToU or any other contractual obligation you have assumed vis-à-vis the Company.

6. Disclaimer

We strive to ensure that the Site and/or the Services are available and fully functional. However, and to the maximum extent permitted under applicable law we do not warrant that the Site and/or the Services will always be available, undisrupted, and error-free. In particular but without limitation, we shall not be held liable in the event of:

-Technical errors preventing their regular use and caused by force majeure circumstances, acts of God, or otherwise;
-Maintenance works impacting the availability and access of the Site and/or the Services;
-Damages based on the contents of the Site and/or the Services;
-Wrongful use of the Site and/or the Services, or use contrary to the law, these ToU, or any other agreement between you and the Company;
-Unauthorized third party access to the Site and/or the Services;
-Conflicts that arise between you and other users of the Site; or
-Contents uploaded by you to the Site.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND ITS THIRD-PARTY LICENSORS OR PROVIDERS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS. THE COMPANY AND THIRD-PARTY LICENSORS AND PROVIDERS MAKE NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE PROVISION OF THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS ON THE SITE WILL BE CORRECTED. Some jurisdictions do not allow the disclaimer of implied warranties, so a portion of the foregoing may not apply to you, in which case the duration of any such implied warranties is limited to the minimum period permissible under applicable law.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR THIRD-PARTY LICENSORS OR PROVIDERS (OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS) ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF ANY MATERIAL LINKED THROUGH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAXIMUM AGGREGATE LIABILITY OF THE COMPANY OR OUR THIRD-PARTY LICENSORS OR PROVIDERS (OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE EXCEED $100. THE LIMITATIONS SET FORTH IN THIS TOU WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, OR INTENTIONAL, MALICIOUS MISCONDUCT.

8. Intellectual property

The Site remains the sole property of the Company or its third-party licensors or providers. The Site is protected by copyright, trademark, and other Spanish, U.S., and foreign laws. This ToU do not grant you any right, title, or interest in any Company trademarks, logos, or other brand features.

Unless expressly granted by their corresponding rightsholders or by law, you do not have any use or ownership rights upon the above-mentioned contents and creations other than for the use of the Site and/or the Services under the terms and conditions described in these ToU or the applicable Service Agreement. Therefore, and except when authorized in accordance with this section or otherwise in these ToU or in the applicable Service Agreement, you may not distribute, reproduce or copy, communicate to the public, transform or modify, adapt, translate, or otherwise use and exploit said works.

9. Privacy and cookie policy

Your use of the Site and/or the Services may result in the collection and further processing of information, including information having a personal nature. We will inform you whenever said collection and processing takes place, and the processing shall be governed and subject to our Privacy Policy and Cookie Policy.

10. Links to third parties’ webpages

We are not liable for websites and contents provided by third parties and linked or embedded in the Site or the Services, either as advertisement banners or otherwise included in any of the contents. We shall have no obligation to review the contents of said webpages and the services or products that third parties may offered through them, and their existence does not imply that we support, promote, endorse, sponsor, guarantee, or recommend the linked websites, contents, services, or products. You acknowledge that terms and conditions may apply to the access and use of said services, products, and websites, and that you are responsible for reviewing and accepting them.

11. Amendments

We may update, delete, amend or modify the Services, the Site, and the information provided through them from time to time. Likewise, we may delete access to the Services or the Site from time to time, by providing prior reasonable notice.

12. Governing Law and Dispute Resolution

For Users outside of the US: the rights and obligations of the parties under these ToU shall be governed by Spanish law. This shall not prevent the application of those mandatory rights you are entitled to under your applicable law in the event that you are acting as a consumer.

Also, should you be acting as a consumer, you may also access to the European Union’s online dispute resolution webpage.

For U.S. Users of the Site: The rights and obligations of the parties under this ToU will be governed by the laws of the State of Delaware, without regard to its conflicts of laws principles and specifically will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any cause of action or claim you might have with respect to this ToU must be filed before the courts of the State of Delaware, which shall have exclusive jurisdiction, and shall be commenced within one (1) year after such claim or cause of action arises or shall be deemed waived. EACH PARTY HEREBY IRREVOCABLY WAIVES, TO THE EXTENT PERMITTED BY LAW, ALL RIGHTS TO TRIAL BY JURY AND ALL RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION IN ANY ACTION, PROCEEDING, OR COUNTER-CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. ALL CLAIMS AND DISPUTES ARISING OUT OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.

13. Miscellanea

The illegality, invalidity, nullity or unenforceability of any of the sections of these ToU will not affect the validity of its other provisions, which shall remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted sections.

If, at any time, we fail to respond to a breach of these ToU by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in writing and signed by the Company.

14. Entire Agreement

These ToU (including the Privacy Policy and Cookie Notice) constitute the entire agreement between you and the Company with respect to the subject matter of this ToU and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this ToU. Our past, present, and future affiliates and agents can invoke our rights under these this ToU in the event they become involved in a dispute with you. Otherwise, this ToU do not give rights to any third parties.

These ToU are drafted both in plain and legal versions. In case of any discrepancies, the legal version included herein shall prevail and take precedence with respect to the plain version.