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Usage Limits

This is the Schedule 3.1 to our MEA.

Usage limits

Client shall only use the Software as a utility of the Services provided by TYPEFORM, and in full compliance with the conditions set forth in this Agreement, including those concerning the number of Authorized Users, Authorized Responses, Authorized Minutes, and API Calls, as identified in the corresponding Order Form, if any such limitations apply. To exercise its rights under the applicable Order Form, Client shall create Accounts (or, as the case may be, designate those Accounts already existing that should fall within the scope of each Order Form) and specific workspaces to enable Authorized Users collaboration, and TYPEFORM shall ensure that one of the Accounts —acting as the admin Account— is granted rights to control contents created by the rest of Accounts in such workspace(s). As used in the Agreement, “Account” refers to the personalized access to the Services (including the Software) given to the Authorized Users.

If Client intends to collect information covered under US Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), it shall notify TYPEFORM about this circumstance to assess the opportunity to offer HIPAA-compliant services and sign a Business Associate Agreement, which shall be attached to the MEA. Unless a Business Associate Agreement is signed, Client shall not submit information subject to HIPAA requirements, and TYPEFORM makes no representations and warranties, and disclaims any liability, about the Services meeting any obligations under HIPAA.

For purposes of this Schedule:

  • Definitions:

“API Calls” means the number of requests directly or indirectly sent by Client through the Software’s Application Programming Interface —or APIs— aimed at ensuring the intercommunication between the databased processed by means of the Software and a database processed by another software program.

“Authorized Minutes” means the maximum number of minutes of video to be collected and/or processed on behalf of Client by TYPEFORM by means of the Software, when any such Software is the SaaS ‘VideoAsk’. For purposes of this Agreement, ‘video processing’ shall be understood to refer to any new content generated by either the Client or Client’s respondents consisting in (i) video (including any audio); or (i) audio. Contents generated by Client’s respondents will be considered for purposes of Authorized Minute(s) limitations as long as said contents are effectively submitted by them.

“Authorized Response(s)” refers tothe maximum number of responses to be collected on behalf of Client by TYPEFORM by means of the Software, when any such Software is the SaaS ‘typeform’. For purposes of this Agreement, ‘response´ shall be construed as any submission to a form owned by Client regardless of the contents and its file size.

  • Number of Authorized Users, Authorized Responses and/or Authorized Minutes may be increased at any time by purchasing one-off add-on packages (“Add-on(s)”), subject to the conditions set forth in the applicable Order Form or subject to a further mutual agreement of the Parties. Add-ons are valid upon activation and shall run for 30-day periods of time unless otherwise agreed by the Parties. Client shall not be entitled to ask for a prorated refund of any unused Add-ons it may have at the end of the Term or the validity period at issue;

  • TYPEFORM will provide the Services to the number of Authorized Users as identified in each relevant Order Form, all of which may use the Software provided that the number actually and concurrently using the Services at a given time does not exceed the number of Authorized Users;

  • Unless otherwise defined in the applicable Order Form, Authorized Responses and/or Authorized Minute(s) are set forth per contractual year; and

  • In the event that the Authorized Responses or Authorized Minute limits are reached, TYPEFORM shall not be required to collect, store and/or process any response in excess of said limits.

Obligations in the use of the Accounts and, in general, the Services

Client shall comply with the following obligations when using the Accounts or, in general, the Services:

  1. If SSO is requested by the Client, integration with the Client’s identity provider (IDP) will be required, leading this to the Client having to provide TYPEFORM with the following details to configure and enable the integration: IDP issuer URI, single sign-on IDP URL, and signature certificate. Setting up and further activation of SSO will be punctually performed by TYPEFORM as soon as the corresponding Order Form has been fully executed by the Parties, and requires the cooperation of the Client in obtaining and confirming the above-mentioned data sets. Parties acknowledge and agree that SSO is dependent on Client using an IDP supporting SAML, OAuth or OpenID, and SSO may not work on IDPs other than the ones referred above.

  2. Passwords to use the Accounts shall neither be shared with any third-party nor within Client’s organization (e. g. by sharing passwords inside Client’s own entity, or with other companies part of its group of companies). Passwords shall not be written down for recovery purposes or any other purposes whatsoever. For clarification purposes, the Software is licensed in accordance with the terms and conditions in each applicable Order Form when it comes to number of licensed users (Authorized Users), and it cannot be used simultaneously by two different users. If Client suspects that the Account or the passwords have been compromised, it shall promptly notify TYPEFORM by filling out the Contact Forms (https://www.typeform.com/help/contact/ and https://www.videoask.com/fn5pz0q1v, respectively. Client shall remain solely responsible for the activity arising out of any failure to keep Accounts details confidential;

  3. In order to set up the Account, Client shall submit true, current, complete, and accurate information, as requested. Client shall update from time to time the information submitted, as appropriate. Client shall ensure that it can deliver Authorized Users’ data to TYPEFORM;

  4. Software may include contents other than Materials. Said materials are solely for Client’s use in connection with the Services, and their legality, accuracy, and completeness are the sole responsibility of the party that have uploaded them to or provided as part of the Software. Reuse of the materials may be subject to specific terms and conditions or license terms, and Client is responsible to obtain any required licenses or authorizations, and to comply with any licenses or terms and conditions applicable to them; and

  5. The Account shall be used in accordance with the law and public order. In particular, Client shall not access, use or interact with the Software, the Site and/or the Services by/to:

Using interfaces other than the ones provided by TYPEFORM;

Host files only, or otherwise as a file hosting system;

Use responses and media within the responses to create web pages or online resources using the direct links to the media, or as a data repository;

Carry out any sort of action that might lead to a disruption or unauthorized access to the Site (either in public or non-public areas), Software and/or Services operations and stability;

Avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise tampering the security measures, usage rules or other protection measures implemented by TYPEFORM or any of its service providers, as well as the restricted features or functionalities available for given Software categories other than the one licensed to Client are holding, or to attempt to do any of those actions;

Use any "deep-link," "page-scrape," "robot," "spider," or other automatic device, program, algorithm, or methodology or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Software or in any way reproduce or circumvent the navigational structure or presentation of the Software or Services to obtain or attempt to obtain any materials, documents, or information through means not purposely made available through the Software;

Using, displaying, mirroring, or framing the Software, any individual element of those, the layout and design of any of their portion, or the intellectual property rights and other proprietary rights of TYPEFORM;

Attempting to access or searching the Services or Site, or scrapping or downloading content from the Services or Site, or otherwise using, uploading content to, or creating new links, reposts, or referrals in the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the Software and/or search agents provided by TYPEFORM or other generally available third party web browsers or search engines;

Reverse engineering, decompiling or disassembling the Software;

Interfering with, or attempting to interfere with, the access of any user, host or network, including, without limitation, sending a virus or other harmful software, overloading, flooding, spamming, or mail-bombing the Software;

The Services are not prepared for collecting credit card or other payment information unless the specific features provided as part of the Software are used. Therefore, Client is required to collect these kinds of information by using the corresponding question blocks in the Software;

Reproducing, duplicating, copying, selling, trading, reselling or exploiting for any commercial purpose any portion of the Site or the Services, or the Client's access to or use of the Site or Services;

Impersonating or misrepresenting Client's affiliation with any person or entity, as well as stalking or harassing other users or third parties, or sharing or using offensive or pornographic materials;

Carrying out activities such as vulnerability scanning, load testing, penetration tests or bypassing our security measures in any intended way, as well as monitoring the availability, performance or functionality of the Services or the Software, or for benchmarking purposes. In the event that Client is interested in performing a penetration test, it shall (i) let TYPEFORM know in advance about its intention to carry out a penetration test, no less than fifteen (15) days in advance in respect of the date in which Client intends to carry out said penetration test; and (ii) sign a release form, as proposed by TYPEFORM, releasing TYPEFORM of any liabilities and damages the penetration test may cause to it (or to any of its clients’) infrastructure, data and/ or business. For clarification purposes, and given that TYPEFORM is periodically carrying out penetration tests, Client shall only be authorized to conduct one (1) penetration test per contractual year;

Collecting passwords or similar login credentials;

Sending any unsolicited or unauthorized electronic commercial communications, chain letters, or other form of non-authorized solicitation (spam), or being engaged in scamming, phishing or other similar activities. In this sense, Client must not use the Services to send any communications in a way not permitted by or compliant with any applicable laws or industry standards, or to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from Client or another party on whose behalf you may be sent. Without limiting any other rights, TYPEFORM shall be entitled to early terminate for cause and without any liability and/or reimbursement obligations to Client in the event that Client is involved in any sort of activity referred to in this paragraph); and/or

Otherwise, use the Account, Site or Services in a manner contrary to the rights and legitimate interests of TYPEFORM or any other third party.