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Terms of Service — SimplyForms

Version 1.0 · Effective: May 23, 2026

The Czech version of these Terms is the controlling version. This English translation is provided for convenience. In case of any discrepancy between the Czech and English versions, the Czech version prevails.

1. Operator

The SimplyForms service (the "Service") is operated by Adam Todt, self-employed person, Business ID (IČO): 19197438, Tax ID (DIČ): CZ8909294592 (registered as an "identified person" under §6g of Czech VAT Act; NOT a VAT payer), registered office Drahy 1625, 696 42 Vracov, Czech Republic, listed in the Register of Persons (ROS) (the "Operator").

Contacts:

Supervisory authorities:

  • Consumer protection: Czech Trade Inspection (www.coi.gov.cz)
  • Data protection: Czech Office for Personal Data Protection (www.uoou.gov.cz)
  • Trade licensing: competent trade licensing office at the Operator's registered office

2. Definitions

  • Service — Form Backend as a Service: API + infrastructure to receive HTML form submissions from Customer's websites and relay them via email to the Customer's inbox.
  • Customer — registered user (natural or legal person), either a Business or a Consumer.
  • Consumer — natural person not acting in the course of a business or profession (§419 Czech Civil Code).
  • Business — Customer acting in the course of a business.
  • Submitter — third-party visitor who submits a form on the Customer's website.
  • Account / API key / form_id — security credentials authorising API access.
  • Submission — individual form submission; not persistently stored (stateless relay).
  • Fees — payments for paid plans under the pricing on the Service website.
  • Agreement — contractual relationship between Customer and Operator established by Account registration, governed by these Terms, the Privacy Policy, the DPA, the AUP and the price list (and, for ENTERPRISE, a separate master agreement).
  • DPA — Data Processing Agreement under Art. 28 GDPR, available at simplyforms.app/legal/dpa.
  • AUP — Acceptable Use Policy, available at simplyforms.app/legal/aup.

3. Formation and amendments

3.1 The Agreement is formed by Account registration and explicit acceptance of the mandatory consents.

3.2 These Terms are incorporated under §1751 of the Czech Civil Code; Customer registers having had real opportunity to review them.

3.3 Operator may unilaterally amend these Terms. Material changes will be notified by email, by dashboard banner, and by publishing the new version, at least 30 days before they take effect.

3.4 Customer may terminate the Agreement free of charge as of the effective date of any objected-to change, with pro-rata refund of prepaid Fees for the unused period (paid plans). Continued use after the effective date constitutes acceptance.

3.5 Archived versions are permanently available at simplyforms.app/legal/terms/v{version}.

4. Account and API key

4.1 Customer must provide accurate information and keep it up to date.

4.2 The API key is confidential. Customer must safeguard it, not store it in public repositories or client-side JavaScript, and not share it with unauthorized third parties. Operator is not liable for any consequences of unauthorized use of the API key resulting from Customer's culpable failure to safeguard it.

4.3 Customer must report compromise to security@simplyforms.app without undue delay and rotate the key.

4.4 One Account per economic entity. Account sharing beyond plan specification is a breach of these Terms.

4.5 Operator may refuse registration or terminate an Account for: fraud suspicion, AUP breach, repeated Terms breach, non-payment, or inclusion on international sanctions lists.

5. Nature of the Service and processing

5.1 The Service operates as a stateless email relay: Submission content is never persistently stored. Only Account/billing data and anonymous 90-day metrics are kept.

5.2 With respect to Submitters' personal data, Customer is the controller (Art. 4(7) GDPR) and Operator is the processor (Art. 4(8), Art. 28). Terms are governed by a separate Data Processing Agreement (DPA) at simplyforms.app/legal/dpa, accepted as part of registration.

5.3 Mere conduit / caching safe harbour under §3 and §5 of Czech Act No. 480/2004 Coll.: Operator is in the position of an information-society service provider transmitting information provided by the user and performing temporary intermediate storage solely to enable efficient forwarding. Operator does not initiate the transmission, does not select the recipient, and does not modify the content; Operator is not liable for the content of relayed Submissions.

5.4 The SMTP relay is operated by Operator on its own infrastructure in the EU. No third-party email service provider is in the data path.

6. Customer obligations

6.1 Lawful use. Customer uses the Service in compliance with the laws of the Czech Republic, the European Union and the Submitters' jurisdictions.

6.2 Lawful basis under GDPR. Customer represents and warrants having a valid Art. 6 lawful basis (and Art. 9 where applicable) for every form field whose data is processed.

6.3 Own privacy policy. Customer publishes its own privacy policy on its website, informing Submitters per Art. 13 GDPR, including disclosure of Operator as processor and of opt-in features (webhook metadata, autoresponder, third-party CAPTCHAs).

6.4 Prohibition of special categories. Customer shall not process Art. 9 GDPR special categories (health, racial/ethnic origin, political opinions, religious beliefs, sexual orientation, biometric, genetic data) or Art. 10 criminal-conviction data, without explicit consent from the Submitter and a documented DPIA.

6.5 AUP compliance. Customer complies with the AUP.

6.6 Form content. Customer is responsible for form content, structure, recipient email selection, and compliance with the Submitters' jurisdiction.

6.7 Anti-spam. Customer complies with Czech Act 480/2004 §7, CAN-SPAM, PECR and analogous regulations.

7. Acceptable Use Policy (AUP)

Customer shall not use the Service for: (a) spam in breach of Act 480/2004 or analogous laws, (b) malware/ransomware/phishing/fraudulent forms, (c) scraping or automated overload, (d) mass automated submissions without Submitter consent, (e) collection of data from children under 16 without legal-guardian consent, (f) content promoting hatred, violence, terrorism, CSAM, doxxing or unlawful discrimination, (g) reverse engineering, (h) any activity in breach of applicable law, (i) Art. 9/10 GDPR data without lawful basis, (j) money laundering or cover for criminal activity.

Suspension and termination. On reasonable suspicion of AUP breach Operator may immediately and without prior notice: suspend the Account, block the API key, drop email queues, retain logs for evidence, and terminate the Agreement without refund of Fees.

Notice-and-action mechanism (DSA Art. 16): Third parties may report unlawful content at abuse@simplyforms.app. Operator responds without undue delay, no later than 48 hours.

Full AUP: simplyforms.app/legal/aup.

8. Availability and fair use

8.1 For FREE, STANDARD and EXTEND plans the Service is provided "AS IS" and "AS AVAILABLE", with no contractual availability commitment (SLA).

8.2 Plan limits (submissions/day, emails/month, upload size, API rate-limit) are binding and enforced.

8.3 Fair use. No use that disproportionately burdens the infrastructure.

8.4 SLA with availability guarantees is available exclusively for the ENTERPRISE plan under a separate written agreement.

9. Pricing, billing, VAT

9.1 Current prices are at simplyforms.app/pricing.

9.2 VAT: Operator is not a VAT payer; Operator is registered as an "identified person" under §6g of Czech Act No. 235/2004 Coll. VAT is not added to listed prices and is not included in them. Status changes will be announced under §3.

9.3 Payments are processed by Stripe Payments Europe Ltd. under its own terms.

9.4 Auto-renewal. Subscriptions auto-renew at the price then in effect unless cancelled in the dashboard at least 24 hours before the period end. Customer receives a renewal reminder by email 7 days in advance.

9.5 Price changes are announced at least 30 days in advance; Customer may terminate free of charge as of the effective date.

9.6 Refunds are not provided except as expressly stated (§11.3, §13.3).

9.7 Invoices issued upon Customer request under §28 of Czech VAT Act (in scope applicable to non-VAT-payers); available via dashboard or Stripe Customer Portal.

10. Trial

10.1 A 14-day free trial may be offered for EXTEND.

10.2 Trial requires saved payment method in Stripe; automatic billing only occurs after the trial based on informed consent given at registration.

10.3 Customer may cancel during the 14 days in the dashboard without billing obligation.

10.4 Reminder email 3 days before trial end.

11. Term and termination

11.1 Agreement is for indefinite term.

11.2 Customer termination: any time via the dashboard or by email to support@simplyforms.app. Paid subscription runs until end of paid period.

11.3 Termination by Operator for cause (immediate, no refund): AUP breach, payment delay > 14 days, fraud, repeated Terms breach after written warning, sanctions list.

11.4 Termination by Operator without cause: paid plans with 30-day notice and pro-rata refund; FREE any time.

11.5 Post-termination: Account deactivated; API key invalidated; anonymous metrics deleted after 90-day retention; configuration data exportable for 30 days, then deleted; surviving clauses per §5.3, §12–14, §17.

12. Limitation of liability

12.1 Operator is liable under §2913 of the Czech Civil Code.

12.2 Vis-à-vis Business Customer: To the maximum extent permitted by law, Operator is not liable for indirect, consequential, special, incidental, exemplary or punitive damages, including loss of profits, loss of business opportunity, loss or corruption of data, business interruption, or loss of goodwill.

Operator's aggregate liability to Business Customer shall not exceed the Fees actually paid for the Service in the 12 months immediately preceding the event; for FREE-tier Customers this cap is CZK 1,000.

12.3 The limitations in §12.2 do not apply to the extent they would conflict with §2898 of the Czech Civil Code — i.e., to harm caused intentionally or by gross negligence, to harm to natural rights, or to Consumer rights which cannot be limited by contract.

12.4 Vis-à-vis Consumer: Operator is liable per the general provisions of the Czech Civil Code, without quantitative cap, with exclusion of indirect/consequential damages only to the extent permitted by consumer-protection law and §1813 of the Czech Civil Code.

12.5 Operator is not liable for: force majeure (§16), third-party outages (Hetzner, Stripe, DNS, ISP), DDoS or third-party intrusion, government action, Customer-caused incidents (e.g. API key compromise), or content of Submissions (§3 of Act 480/2004).

13. Disclaimer of warranties

13.1 Service is provided "AS IS" and "AS AVAILABLE". Operator disclaims all warranties, express or implied, including fitness for a particular purpose, non-infringement, uninterrupted availability, deliverability of individual emails, or non-rejection by recipient spam filters.

13.2 Vis-à-vis Business Customer, the parties to the extent permitted exclude §1916 and §2161 of the Czech Civil Code.

13.3 Consumer's statutory warranty rights remain unaffected.

14. Indemnification

14.1 Customer shall compensate Operator for all damages, costs and expenses (including reasonable legal fees, expert fees, court costs, settlements) incurred by Operator in connection with any third-party claim, proceeding, penalty or enforcement action (including by Submitters, email recipients, regulators, the Czech DPA, the Czech Trade Inspection, or law enforcement) arising out of:

  • (a) Customer's breach of these Terms or the AUP,
  • (b) content of Submissions transmitted through the Service at Customer's instruction,
  • (c) absence of a valid lawful basis under Art. 6 GDPR (and Art. 9 where applicable) for processing Submitters' personal data,
  • (d) Customer's breach of its own Art. 13 GDPR information duties,
  • (e) unauthorized access to Customer's API key due to Customer's culpable failure to safeguard it,
  • (f) breach of anti-spam laws by Customer (Act 480/2004 §7, CAN-SPAM, PECR),
  • (g) blacklisting of Operator's IP addresses due to Customer-originated spam,
  • (h) any breach of law by Customer.

14.2 Contractual penalty for AUP breach. For each proven case of egregious AUP breach (in particular spam, malware distribution, phishing, CSAM) Customer shall pay Operator a contractual penalty of CZK 50,000. This does not exclude damage claims under §14.1.

14.3 This obligation is separately enforceable and survives termination for the general limitation period.

14.4 Vis-à-vis Consumer, this §14 applies only to the extent allowed by §1813 of the Czech Civil Code.

15. Intellectual property

15.1 Operator's property: all rights in the Service, source code, design, documentation, "SimplyForms" trademarks.

15.2 Customer's property: content passing through the Service (Submissions, templates, configuration).

15.3 Customer's licence to Operator: non-exclusive, worldwide, royalty-free licence to use the content solely as necessary for providing the Service (transmission, email delivery, anti-spam, anonymous metrics, technical backup as needed). Licence terminates with the Agreement.

15.4 No reverse engineering beyond what is mandatorily permitted by §66 of Czech Act 121/2000.

15.5 Use of "SimplyForms" name and logo in Customer's marketing requires Operator's prior written consent. Operator may reference Customer in case studies unless Customer opts out by email.

16. Force majeure

Neither party is liable for delay or non-performance caused by events beyond reasonable control: natural disaster, war, terrorism, strike, large-scale cyber attack, backbone/DNS/power outage, sub-processor outage, sanctions, government action, pandemic.

17. Consumer-specific provisions

This Article applies only to Consumer Customers.

17.1 Pre-contractual information (§1820 Czech Civil Code) — see §1, §5, §9, §11, §13.

17.2 Right of withdrawal (§1829). Consumer has 14 days to withdraw without cause. Send notice to legal@simplyforms.app or by post to Operator's registered office. Withdrawal form: simplyforms.app/legal/withdrawal-form.

17.3 Waiver of withdrawal under §1837(l). By activating a paid plan Consumer expressly requests immediate commencement of the digital service before the 14-day period expires and acknowledges loss of the withdrawal right under §1837(l) once performance commences. This consent is given by a separate checkbox at paid-plan activation. If the Consumer wishes to retain the withdrawal right, they should not activate a paid plan within the first 14 days.

17.4 Pro-rata payment on withdrawal under §1834 where performance has begun.

17.5 ADR (§14 Consumer Protection Act): the competent ADR body is the Czech Trade Inspection, ÚI – ADR Department, Štěpánská 567/15, 120 00 Praha 2, www.coi.gov.cz, adr@coi.cz. Consumer may also use the EU ODR platform at ec.europa.eu/consumers/odr.

17.6 Jurisdiction. Disputes are heard by the court of the Consumer's domicile. Choice of Czech law does not deprive the Consumer of mandatory protections of their habitual residence under Art. 6 Rome I.

17.7 No unfair terms. No provision applies to the extent it would be unfair under §1813–§1814 of the Czech Civil Code.

18. Governing law and jurisdiction (B2B)

18.1 These Terms are governed by the law of the Czech Republic; CISG and conflict-of-law rules are excluded.

18.2 Business Customers agree to exclusive jurisdiction of the court competent at the Operator's registered office (District Court Hodonín / Regional Court Brno).

18.3 The parties shall first attempt amicable resolution by written notice before litigation. This does not preclude interim measures or actions necessary to preserve rights.

19. Miscellaneous

19.1 Severability. Invalidity of any provision does not affect the rest.

19.2 Entire agreement. Terms, Privacy Policy, DPA, AUP, price list and (for ENTERPRISE) the master agreement constitute the entire agreement.

19.3 No waiver. Failure or delay in exercising rights is not a waiver.

19.4 Assignment. Customer may not assign without Operator's prior written consent; Operator may assign to a legal successor or business acquirer with 30-day notice.

19.5 Notices. To Customer: at Account email. To Operator: legal@simplyforms.app or by post to the registered office.

19.6 Survival. §5.2–5.3, §12, §13, §14, §15, §18, §19 survive termination.

19.7 Export controls. Customer is not on EU/UN/US sanctions lists and will not use the Service for export-controlled WMD activities.

20. Referenced documents

Privacy Policy /legal/privacy · DPA /legal/dpa · AUP /legal/aup · Sub-processors /legal/sub-processors · Cookies /legal/cookies · Withdrawal form /legal/withdrawal-form · Archive /legal/terms/archive.

Version 1.0 · Effective: May 23, 2026

These Terms were prepared based on the legal state at the time of drafting and are recommended for review by an IT/e-commerce attorney before production deployment.

Document hash (SHA-256): d238d6d9b61921e113f45f03d5f0a8cc15cca7c966c64fb3822dcc17cc7eac65

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