Terms of Service — SimplyForms

Version 1.2 · Effective: December 1, 2026 (for new registrations from the date of publication)

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 Section 6g of Act No. 235/2004 Coll.; NOT a VAT payer), registered office Drahy 1625, 696 42 Vracov, Czech Republic, listed in the Register of Persons (ROS) (the "Operator").

Contacts:

• Business + general: support@simplyforms.app
• Legal: legal@simplyforms.app
• Data protection: privacy@simplyforms.app
• Abuse reports (AUP) and the point of contact under Articles 11 and 12 of Regulation (EU) 2022/2065 (DSA) for Member State authorities as well as for recipients of the Service: abuse@simplyforms.app (languages: Czech, English)
• Security incidents: security@simplyforms.app

Supervisory authorities:

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

2. Definitions

In these Terms:

• Service — Form Backend as a Service: the API and infrastructure for receiving data submitted from HTML forms on the Customer's websites and relaying them by email to the Customer's inbox, together with any additional features (CAPTCHA, webhooks, templates, autoresponder, validation). The Service is a digital service within the meaning of Section 2389a of the Czech Civil Code.
• Customer — a natural or legal person who registers and obtains access credentials (API key and form_id); may be a Business Customer or a Consumer.
• Consumer — a Customer who is a natural person not acting in the course of a business or of the independent exercise of a profession (Section 419 of the Czech Civil Code).
• Business Customer — a Customer acting in the course of a business or of the independent exercise of a profession.
• Submitter — a third party who fills in a form on the Customer's website and submits it to the Service.
• Account — the Customer's user account.
• API key / form_id — security credentials identifying the Account to the API.
• Submission — an individual submission of form content; not persistently stored (stateless relay model, clause 5.1).
• Fees — payments for paid plans under the pricing published on the Service website.
• Paddle or Seller — Paddle.com Market Ltd (or Paddle.com Inc. for Customers in the USA), the seller (merchant of record) of paid plans under clause 9.3.
• Agreement — the contractual relationship between the Customer and the Operator established by Account registration and governed by these Terms, the Privacy Policy, the DPA, the AUP, the price list and (for the ENTERPRISE plan) a separate master agreement.
• DPA — the Data Processing Agreement under Art. 28 GDPR, available at simplyforms.app/en/legal/dpa.
• AUP — the Acceptable Use Policy, available at simplyforms.app/en/legal/aup.

3. Formation and amendments of the Agreement

3.1 The Agreement is formed by Account registration on the Service website and by ticking the mandatory consents. The Operator sends a registration confirmation by email; the Account is activated by verification of the email address. An unverified registration is automatically deleted after 30 days.

3.2 These Terms form part of the Agreement pursuant to Section 1751 of the Czech Civil Code. By registering, the Customer declares that it had a genuine opportunity to review them before the Agreement was concluded.

3.3 The Operator is entitled to amend these Terms unilaterally (Section 1752 of the Czech Civil Code) to the following extent: the price list and plan limits; the scope, description and technical parameters of features; security and technical requirements for use of the Service; provisions required by changes in legislation, in the decision-making practice of authorities, or in the terms of the Seller and of sub-processors; and corrections of errors and clarifications. Material changes will be notified to the Customer:

• (a) by email to the Account address at least 30 days before they take effect,
• (b) by a notification in the dashboard upon the next login,
• (c) by publication of the new version stating its effective date.

3.4 If the Customer does not agree with a change, it is entitled to terminate the Agreement free of charge as of the effective date of the change. Where a material change is to the detriment of a Customer on a paid plan, the Operator will refund the proportionate part of the prepaid Fees for the unused period. By continuing to use the Service after the change takes effect, the Customer expresses its agreement with the new wording.

3.5 The version of the Terms accepted by the Customer is recorded with its Account (date, version, IP address) and forms part of the Account export. The Operator will provide previous versions of the Terms upon request sent to legal@simplyforms.app.

3.6 Conclusion of the contract by electronic means (Section 1826 of the Czech Civil Code).

• (a) The Agreement is concluded in the Czech or English language; the Czech version is controlling.
• (b) The Agreement is formed by submitting the registration form with the mandatory consents ticked and by the subsequent verification of the email address. A paid plan is activated by completing the order in the Seller's checkout.
• (c) Before submitting, the Customer may review and correct the data entered directly in the form; after registration it may correct them in the dashboard.
• (d) The Operator retains the concluded Agreement in the form of the record referred to in clause 3.5; the Customer has access to the current wording at simplyforms.app/en/legal.
• (e) The Operator is not bound by any code of conduct within the meaning of Section 1826(1)(e) of the Czech Civil Code.

3.7 The Operator sends confirmation of the concluded Agreement, of the documents accepted and of the request under clause 17.3 by email to the Account address; the record also forms part of the Account export.

4. Account and API key

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

4.2 The API key is confidential. The Customer must safeguard it, must not store it in public repositories (e.g. GitHub), must not share it with unauthorized third parties, and must not use it in client-side JavaScript. The Operator is not liable for any consequences of unauthorized use of the API key resulting from the Customer's culpable breach of its safeguarding duty.

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

4.4 One Account corresponds to one economic entity. Sharing the Account with third parties beyond the plan specification constitutes a breach of these Terms.

4.5 The Operator is entitled to refuse registration or to terminate an Account on the grounds of (a) suspicion of fraudulent conduct, (b) breach of the AUP, (c) repeated breaches of these Terms, (d) non-payment of Fees, (e) a payment dispute raised with the card issuer (clause 9.8), or (f) the Customer's inclusion on an EU, UN or US international sanctions list.

4.6 Age and capacity. The Service may be used only by a person over 18 years of age, or by a person over 16 years of age with the consent of their legal guardian. By registering, the Customer confirms that it meets this condition and that it has full legal capacity or is otherwise authorized to act on behalf of the legal person it registers.

4.7 Status of the Customer. The Service, including paid plans, may be used by Business Customers and by Consumers. If the Customer states a Business ID (IČO), a Tax ID (DIČ), a company name or an email address on a corporate domain at registration or in the checkout, it is presumed to be acting as a Business Customer unless it proves otherwise. For Consumers, Article 17 applies in addition.

5. Nature of the Service and character of the processing

5.1 The Service operates as a stateless email relay: the content of individual Submissions is not stored in any database. The backend receives the HTTP request, validates it, hands the email over to the Operator's outbound SMTP server and discards the payload from working memory. In the SMTP server queue the message is temporarily stored solely until delivery to the recipient's inbox, for no longer than 5 days; it is then irreversibly deleted. Operational logs contain only technical metadata (IP address, time, request path without parameters, addresses and message identifiers), not form content. The only data stored persistently are:

• the data necessary for operating the Account and for billing,
• anonymized operational metrics (form_id, timestamp, referrer domain, success flag) with a 90-day retention period, and the aggregate Submission count per form.

5.2 With respect to the personal data of Submitters of the Customer's form, the Customer is the controller within the meaning of Art. 4(7) GDPR and the Operator is the processor within the meaning of Art. 4(8) GDPR. The conditions of the processing are governed by a separate Data Processing Agreement (DPA), available at simplyforms.app/en/legal/dpa, the acceptance of which is an integral part of registration.

5.3 The Operator's position as an intermediary. In transmitting the content of Submissions the Operator is a provider of a mere conduit intermediary service within the meaning of Art. 4 of Regulation (EU) 2022/2065 (DSA), or of a caching service within the meaning of Art. 5 DSA, and, to the extent they apply, also of Sections 3 and 5 of Act No. 480/2004 Coll. The Operator does not initiate the transmission, does not select the recipient, does not modify the content and is under no obligation to monitor the content or to actively seek out illegal content (Art. 8 DSA). The Operator is not liable for the content of the transmitted Submissions or for its compliance with applicable law.

5.4 The SMTP relay is operated by the Operator on its own infrastructure in the European Union. No third-party email service provider (e.g. SendGrid, Mailgun, Postmark, Resend, Amazon SES) is in the data path between the Service and the recipient's inbox. Delivery of an email to an inbox outside the EU is possible only where the Customer itself has entered a recipient email address outside the EU.

6. Customer obligations

6.1 Lawful use. The Customer is responsible for using the Service in compliance with the laws of the Czech Republic, of the European Union and of the Submitters' jurisdictions.

6.2 Lawful basis for processing personal data. The Customer represents and warrants that it has its own valid lawful basis under Art. 6 GDPR (and, where applicable, Art. 9 GDPR for special categories) for every form field whose data it processes.

6.3 Own privacy policy. The Customer must publish its own privacy policy on its website and inform its Submitters in accordance with Art. 13 GDPR, in particular:

• (a) of the Customer's identity as controller,
• (b) of the fact that the data is transferred to the Operator as processor,
• (c) of any optional features activated (webhook with metadata, autoresponder, reCAPTCHA, Cloudflare Turnstile) and of the related data flows (in particular transfers to the USA in the case of Google and Cloudflare).

6.4 Prohibition of sensitive data. The Customer must not process through the Service any special categories of personal data under Art. 9 GDPR (health, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, sexual orientation, genetic and biometric data) or criminal-offence data under Art. 10 GDPR without its own explicit consent from the Submitter and a completed DPIA under Art. 35 GDPR. A breach entitles the Operator to suspend the Account immediately.

6.5 Acceptable Use Policy (AUP). The Customer must comply with the AUP. The AUP prohibits, in particular, the sending of spam, malware, phishing, fraudulent content, scraping, abuse of rate limits, collection of data from minors without legal-guardian consent, promotion of hatred, child sexual abuse material, and other specified practices.

6.6 Form content and structure. The Customer is responsible for the content and structure of its own forms, for the choice of email recipients, and for compliance with local law in the Submitter's country.

6.7 Anti-spam. The Customer undertakes not to breach Act No. 480/2004 Coll. on certain information society services (in particular Section 7 on commercial communications) or analogous regulations of other countries (CAN-SPAM, PECR, etc.).

6.8 Third-party integrations. By activating a third-party integration (Google reCAPTCHA, Cloudflare Turnstile, a custom webhook URL) the Customer accepts the terms of its provider and is responsible for the compliance of the data flow with the GDPR. The Operator is not liable for the availability, behaviour or changes of those services.

6.9 Autoresponder. The confirmation email to the Submitter is sent from the Operator's address in the name of and on the instruction of the Customer; the Customer is responsible for its content. The Operator is entitled to add an identification of the Service to the message and to suspend sending in the event of recipient complaints, suspected spam or deteriorating deliverability.

7. Acceptable Use Policy (AUP)

7.1 The Customer undertakes NOT to use the Service for:

• (a) the sending of unsolicited commercial communications (spam) in breach of Act No. 480/2004 Coll. or analogous regulations,
• (b) the transmission of malware, ransomware, phishing pages or fraudulent forms,
• (c) scraping, automated overloading, or circumvention of the Service's CAPTCHA or rate limits,
• (d) mass automated submissions without provable consent of the Submitters,
• (e) the collection of data from minors without legal-guardian consent under Art. 8 GDPR,
• (f) content promoting hatred, violence, terrorism, child sexual abuse material (CSAM), doxxing, blackmail or unlawful discrimination,
• (g) reverse engineering, decompilation or replication of the Service in breach of Section 66 of Act No. 121/2000 Coll. (the Czech Copyright Act),
• (h) any activity in breach of the law of the Czech Republic, of the European Union, or of the Submitter's or the Customer's jurisdiction,
• (i) the collection of special categories of personal data under Art. 9 or Art. 10 GDPR without its own lawful basis,
• (j) covering criminal activity or money laundering.

7.2 Suspension and termination. On reasonable suspicion of a breach of the AUP, the Operator is entitled immediately and without prior notice to:

• suspend the Account,
• block the API key,
• drop the queues of pending emails,
• retain the technical logs necessary to evidence the breach,
• terminate the Agreement without any entitlement of the Customer to a refund of Fees.

7.3 Reporting illegal content. A third party may report illegal content transmitted through the Service at abuse@simplyforms.app. The Operator will assess the report and respond without undue delay in accordance with Regulation (EU) 2022/2065 (DSA).

7.4 The full text of the AUP is available at simplyforms.app/en/legal/aup.

8. Availability, fair use and changes to the Service

8.1 On the FREE, STANDARD and EXTEND plans the Service is provided "AS IS" and "AS AVAILABLE", without any contractual availability commitment (SLA). Planned and unplanned maintenance may take place at any time; on FREE without prior notice.

8.2 Plan limits (Submissions per day, emails per month, upload size, API rate limit) are binding and enforced. Exceeding them may result in throttling, rejection of over-limit Submissions, or temporary suspension.

8.3 Fair use. The Customer must not use the Service in a manner that would disproportionately burden the Operator's infrastructure. The Operator is entitled to limit or suspend operation in the event of manifest abuse.

8.4 An SLA with guaranteed availability is available exclusively for the ENTERPRISE plan on the basis of a separate written agreement with individually negotiated parameters (typically 99.5% monthly availability, service credits as the sole remedy for unavailability, exclusions: planned maintenance, force majeure, Customer-side problems).

8.5 Changes to features and to the API. The Operator is entitled to change, add to or discontinue features of the Service on an ongoing basis. The Operator will give at least 30 days' prior notice of any change to the public API that is not backward compatible, except for changes necessary for security or legal reasons. A Business Customer is not entitled to refuse such changes; a Consumer Customer may terminate the Agreement free of charge on that ground. Features designated as beta / preview are provided without warranty and may be changed or withdrawn at any time.

9. Pricing, billing, VAT

9.1 The current prices of the individual plans are stated at simplyforms.app/en/pricing. Prices are stated in CZK, EUR or USD depending on the Customer's country. The total amount payable, including any tax, is always shown in the checkout before the order is confirmed.

9.2 Tax and the Operator's role. Paid plans are sold to the Customer by Paddle as the seller (merchant of record) — see clause 9.3. Paddle therefore determines, collects and remits value added tax or an equivalent sales tax in its own name, according to the Customer's country.

The Operator is not a value added tax payer; it is registered as an "identified person" under Section 6g of Act No. 235/2004 Coll. The Operator therefore neither charges nor collects any VAT from the Customer — any tax shown in the checkout is tax charged by Paddle, not by the Operator. A change in the Operator's tax status will be announced in accordance with Article 3.

9.3 Seller and payment. Paid plans are sold and invoiced through Paddle.com Market Ltd, registered office 30 Old Bailey, London EC4M 7AU, United Kingdom, company number 8172165 (for Customers in the USA the seller may be Paddle.com Inc., 3811 Ditmars Blvd. #1071, Astoria, NY 11105-1803, USA).

Paddle acts as the seller (merchant of record), that is, as an independent party to the purchase transaction and not as a mere payment intermediary. The relationship between the Customer and Paddle is governed by the Paddle Checkout Buyer Terms available at paddle.com/legal/checkout-buyer-terms and by the Paddle Refund Policy at paddle.com/legal/refund-policy. Payment queries, receipts and refund requests are also handled by Paddle customer support at paddle.net. The scope and conditions of the provision of the Service itself continue to be governed by these Terms and the Service is provided by the Operator.

9.4 Auto-renewal. The subscription renews automatically at the end of the billing period (monthly or annual, as chosen by the Customer) at the price then in effect, unless the Customer cancels it before the end of the current period. Cancellation is performed in the dashboard, from where a link leads to the Paddle customer portal; cancellation takes effect at the end of the period already paid for. The Customer receives a receipt by email from Paddle for every payment taken. For annual subscriptions, Paddle's Refund Policy allows a request for a refund of the renewal payment within 14 days after the automatic renewal.

9.5 Price changes. If the Operator increases the price of a paid plan, it will notify the Customer at least 30 days before the change takes effect. Within that period the Customer has the right to terminate the Agreement free of charge as of the effective date of the new price; if it does not do so, its further use of the Service is deemed to be agreement with the new price.

9.6 Refunds. Fees already paid are not refunded, save in the cases expressly stated in these Terms (clauses 3.4, 9.4, 11.4, 11.7 and Article 17). Refunds are decided upon and issued by Paddle as the seller in accordance with its Refund Policy; the Operator does not itself issue refunds. A request may be submitted to the Operator at support@simplyforms.app, which will assert it with Paddle, or directly to Paddle. The mandatory rights of Consumers under Article 17 are unaffected.

9.7 Invoices. The tax document for the purchase is issued by Paddle as the seller; the Customer receives it by email and may download it at any time from the Paddle customer portal accessible from the dashboard. A Business Customer may enter its VAT ID directly in the checkout so that Paddle states it on the invoice and applies the corresponding tax treatment.

9.8 Payment dispute (chargeback). If the Customer disputes a payment with its card issuer or payment-method provider instead of requesting a refund from the Operator or from Paddle, this is deemed to be a cancellation of the subscription with immediate effect; the Account moves to the FREE plan and the Operator is entitled to refuse the Customer further paid plans. Where the dispute was unjustified, a Business Customer must pay the Operator the amount owed and the costs of the dispute, i.e. the fee charged by the Seller (currently USD, EUR or GBP 20 per case) and an administrative flat fee of CZK 500. A partial refund agreed with the Operator or with Paddle does not cancel the subscription.

9.9 Failed payment. If a renewal payment fails, Paddle will retry it over the following days; the Service continues to run during the retry period. If the payment is not made within 14 days of the renewal date, the subscription is cancelled and the Account moves to the FREE plan. The Account configuration is retained.

9.10 Plan changes. An upgrade to a higher plan takes effect immediately and the proportionate difference for the remainder of the period is charged. A downgrade to a lower plan takes effect from the next billing period; the unused part of the higher plan is not refunded. On a downgrade (including to FREE) features beyond the scope of the new plan are deactivated; their configuration remains stored and is restored on a subsequent upgrade. Submissions above the limit of the new plan are rejected.

10. Trial

10.1 The Operator does not currently offer a free trial period. Paid plans are billed from the moment of activation.

10.2 The FREE plan may be used for an unlimited time and without entering a payment method; it therefore also serves as the free way to evaluate the Service.

10.3 Should the Operator introduce a trial in future, it will announce it in accordance with Article 3 and publish its terms at simplyforms.app/en/pricing.

11. Term and termination

11.1 The Agreement is concluded for an indefinite term.

11.2 Termination by the Customer. The Customer is entitled to terminate the Agreement at any time by deleting the Account in the dashboard or by email to support@simplyforms.app. A paid subscription runs until the end of the period paid for; after it ends the Account is deactivated. Where the Account is deleted in the dashboard, the data is deleted immediately (clause 11.5).

11.3 Termination by the Operator for cause. The Operator is entitled to terminate the Agreement immediately and without notice period in the event of:

• (a) a breach of the AUP,
• (b) a delay in payment of Fees of more than 14 days,
• (c) suspicion of fraudulent conduct or abuse of the Service,
• (d) repeated breaches of these Terms after a written warning,
• (e) a payment dispute under clause 9.8,
• (f) the Customer's inclusion on an international sanctions list.

In those cases the Customer has no entitlement to a refund of Fees.

11.4 Termination by the Operator without cause. For paid plans, with a 30-day notice period and a proportionate refund of prepaid Fees for the unused period. For FREE, at any time without a notice period.

11.5 After termination of the Agreement:

• the Account is deactivated and the API key invalidated,
• the Account data, form configurations, email templates and metrics are deleted at the moment the Account is deleted; the Customer should export its data before deletion (clause 11.6),
• copies in encrypted backups are overwritten within 30 days at the latest,
• accounting and contractual records necessary to comply with legal obligations are retained for the statutory period,
• rights and obligations whose nature so requires (in particular clauses 5.3, and Articles 12, 13, 14 and 17) survive termination.

11.6 Switching providers and data portability (Regulation (EU) 2023/2854).

• (a) The Customer may terminate the Agreement at any time and switch to another provider or to its own infrastructure; the notice period for self-service plans is immediate and will never exceed 2 months.
• (b) Exportable data: the Account and form configuration, email templates, webhook and CAPTCHA settings, the record of documents accepted, and the anonymized metrics for the last 90 days — in the machine-readable JSON format, through the export function in the dashboard (GET /user/{form_id}/export). The Operator does not retain the content of Submissions and therefore cannot export it; the Customer has it in its own email inbox.
• (c) The data is available for export throughout the life of the Account; any transitional period will not exceed 30 days.
• (d) The Operator charges no fee for the export or for the switch.
• (e) The Operator will provide the Customer with reasonable assistance with the switch upon request.

11.7 Discontinuation of the Service. The Operator is entitled to discontinue the provision of the Service as a whole with a 90-day notice period notified by email to the Account address. It will refund prepaid Fees for the unused period; the Customer acquires no other claims on that ground.

11.8 Inactive Accounts. The Operator may delete an Account on the FREE plan into which the Customer has not logged in for 12 months and whose forms have received no Submission in that time; the Operator will give 30 days' prior notice of this by email.

12. Limitation of liability

12.1 The Operator is liable to the Customer for damage caused by a breach of an obligation under the Agreement in accordance with Section 2913 of the Czech Civil Code.

12.2 Vis-à-vis a Business Customer: to the extent permitted by law, the Operator is not liable for indirect, consequential, punitive or incidental damage, in particular for loss of profit, loss of opportunity or of business contacts, loss or corruption of data, non-delivery or delayed delivery of email, business interruption, loss of goodwill, or for damage arising from the failure to achieve an expected economic result.

The Operator's aggregate liability to a Business Customer on any ground connected with the Service shall not exceed an amount equal to the Fees actually paid by the Customer for the Service for the 6 months immediately preceding the event giving rise to the claim; for Customers on the FREE plan this cap is CZK 1,000.

12.3 The limitations in clause 12.2 do not apply to the extent they would conflict with Section 2898 of the Czech Civil Code — that is, in particular to:

• (a) damage caused intentionally or by gross negligence,
• (b) harm to the natural rights of a person.

12.4 Vis-à-vis a Consumer Customer the limitations in clause 12.2 do not apply; the Operator is liable under the general provisions of the Czech Civil Code.

12.5 The Operator is not liable for damage arising as a result of:

• (a) force majeure (see Article 16),
• (b) an outage of third-party services (Hetzner, Paddle, DNS provider, internet infrastructure, the Customer's email inbox provider),
• (c) a DDoS attack, a cyber attack or third-party interference,
• (d) action by a public authority,
• (e) a culpable breach of the Customer's obligations (in particular compromise of the API key under clause 4.2),
• (f) the content of Submissions transmitted through the Service (clause 5.3),
• (g) an email being classified as spam or rejected by the recipient's spam filter.

12.6 Limitation period (Business Customer). A Business Customer's rights to compensation for harm under the Agreement or in connection with the Service become time-barred upon expiry of a limitation period of 1 year from the day on which they could first have been asserted (Section 630 of the Czech Civil Code).

12.7 Set-off (Business Customer). A Business Customer is not entitled to set off its claims unilaterally against the Operator's claims or to withhold payment of Fees.

13. Warranties and their exclusion

13.1 The Service is provided "AS IS" and "AS AVAILABLE". The Operator gives no warranties, express or implied, in particular:

• warranties of fitness for a particular purpose,
• warranties of non-infringement of third-party rights,
• warranties of uninterrupted and error-free availability,
• warranties of the deliverability of individual emails (which depends on recipients' spam filters, IP reputation, DNS configuration, etc.),
• warranties of protection against recipients' spam filters.

13.2 Vis-à-vis a Business Customer the parties hereby exclude the application of Sections 1916 and 2161 of the Czech Civil Code to the extent permissible.

13.3 Vis-à-vis a Consumer Customer, the statutory rights arising from defective performance remain unaffected in full under the Czech Civil Code.

13.4 Notification of defects (Business Customer). A Business Customer must notify the Operator of a defect in the Service at support@simplyforms.app within 5 business days of the day on which it discovered it or could have discovered it; otherwise its rights arising from defective performance lapse.

14. Indemnification by the Customer

14.1 The Customer shall compensate the Operator for all harm, costs and expenses (including reasonably incurred legal fees, expert opinions, court fees and settlement costs) incurred by the Operator in connection with any third-party claim, proceeding, penalty, enforcement measure or action (in particular by form Submitters, email recipients, regulators, the Czech Office for Personal Data Protection, the Czech Trade Inspection, law-enforcement authorities or the Seller Paddle) arising out of:

• (a) the Customer's breach of these Terms or of the AUP,
• (b) the content of Submissions transmitted through the Service on the Customer's instruction,
• (c) the absence of a valid lawful basis of the Customer for processing Submitters' personal data under Art. 6 GDPR (and, where applicable, Art. 9 GDPR),
• (d) a breach of the Customer's own information duties towards Submitters under Art. 13 GDPR,
• (e) unauthorized access to the Customer's API key as a result of the Customer's culpable breach of its safeguarding duty,
• (f) a breach of anti-spam legislation (in particular Section 7 of Act No. 480/2004 Coll., CAN-SPAM, PECR) as a result of sending unsolicited communications through the Service,
• (g) the blacklisting of the Operator's IP addresses as a result of spam sent by the Customer,
• (h) reports of illegal content or data-subject requests triggered by the Customer's form,
• (i) any breach of law by the Customer.

If a supervisory authority imposes a fine or a corrective measure on the Operator for reasons attributable to the Customer, a Business Customer shall reimburse it to the Operator in full.

14.2 Contractual penalty for breach of the AUP (Business Customer). For each proven, manifestly serious breach of the AUP (in particular the sending of spam, distribution of malware, phishing) the Business Customer must pay the Operator a contractual penalty of CZK 50,000 per such case. The contractual penalty does not exclude a claim for damages under clause 14.1. No contractual penalty is agreed vis-à-vis a Consumer.

14.3 This obligation is separately enforceable and survives termination of the Agreement in full for the duration of the general limitation period.

14.4 Vis-à-vis a Consumer, this Article 14 applies only to the extent permitted by Section 1813 of the Czech Civil Code and in no case to an extent that would constitute an unfair term.

15. Intellectual property rights

15.1 The Operator's ownership. The Operator is the exclusive owner of all rights in the Service, its source code, design, documentation, the "SimplyForms" trademarks and the related intellectual property.

15.2 The Customer's ownership. The Customer remains the owner of the content that passes through the Service (in particular Submissions, email templates, configuration).

15.3 The Customer's licence to the Operator. The Customer hereby grants the Operator a non-exclusive, worldwide, royalty-free licence to use the content solely to the extent necessary for the provision of the Service (transmission, delivery by email, anti-spam analysis, creation of anonymous metrics, technical backup for the strictly necessary period). The licence expires on termination of the Agreement and deletion of the data.

15.4 No reverse engineering. The Customer must not reverse-engineer, decompile or disassemble the Service or derive a competing work from it, except to the extent mandatorily permitted by Section 66 of Act No. 121/2000 Coll. or an analogous provision.

15.5 References and logo. Use of the "SimplyForms" logo and name in the Customer's marketing materials requires the Operator's prior written consent. The Operator is entitled to name a Business Customer (name, logo) in references unless the Customer sends an email request to be excluded; a Consumer Customer is named only with their prior consent.

15.6 Feedback. The Operator may freely use suggestions, comments and feedback on the Service without any entitlement of the Customer to remuneration or attribution.

16. Force majeure

16.1 Neither party is liable for delay or non-performance caused by events beyond its reasonable control, in particular:

• natural disaster, war, terrorism, insurrection, strike,
• large-scale cyber attack (DDoS, ransomware),
• outage of backbone internet infrastructure, DNS or power,
• outage of a significant sub-processor or seller (Hetzner, Paddle),
• sanctions, measures of public authorities, embargoes,
• epidemics and pandemics and related restrictive measures.

16.2 The party affected by force majeure will inform the other party of that fact without undue delay and will use reasonable efforts to resume performance.

17. Special provisions for Consumers

This Article applies only to Consumer Customers within the meaning of Section 419 of the Czech Civil Code. Its provisions prevail over the other provisions of these Terms.

17.1 Pre-contractual information duty for distance contracts (Section 1820 of the Czech Civil Code):

• (a) Identity of the Operator: see Article 1.
• (b) Main characteristic of the Service: Form Backend as a Service — the relaying of form submissions by email without retention of their content, with anonymous metrics retained for 90 days. Details per plan at simplyforms.app/en/pricing.
• (c) Total price: the prices of the individual plans are stated at simplyforms.app/en/pricing; the total amount, including any tax, is shown in the checkout before the order is confirmed. Tax is charged and remitted by Paddle as the seller (clause 9.2), not by the Operator.
• (d) Means of payment: payment card or another method offered in the Paddle checkout.
• (e) Costs of distance communication: none beyond the Customer's standard internet connection.
• (f) Duration: indefinite term with a monthly or annual subscription; termination under clause 11.2.
• (g) Functionality, compatibility and interoperability: REST API over HTTPS, JavaScript widget, open CORS for public endpoints, rate limit per plan, supported HTML/Vue/React/native-fetch integrations. Updates to the Service are carried out on an ongoing basis by the Operator without any action by the Customer.
• (h) Right of withdrawal: see clauses 17.2 and 17.3.

17.2 Right of withdrawal (Section 1829 of the Czech Civil Code). The Consumer has the right to withdraw from the Agreement within 14 days of its conclusion (for a paid plan, from the day of its activation) without giving any reason. Notice of withdrawal may be delivered:

• by email to legal@simplyforms.app,
• by post to the Operator's registered office stated in Article 1,
• using the model form available at simplyforms.app/en/legal/withdrawal-form.

17.3 Commencement of performance before expiry of the withdrawal period (Section 1837(a) of the Czech Civil Code).

IMPORTANT. By activating a paid plan the Consumer expressly requests that the Operator begin providing the Service immediately, that is, before the 14-day withdrawal period expires. The Consumer acknowledges that:

• (a) if the Consumer withdraws within the 14-day period, the Consumer will pay, under Section 1834 of the Czech Civil Code, a proportionate part of the price corresponding to the period during which the Service was provided to them, and the remainder of the payment will be refunded to them;
• (b) the right of withdrawal lapses, under Section 1837(a) of the Czech Civil Code, at the moment the Service has been fully performed for the period paid for.

The Consumer gives this request by a separate checkbox in the dashboard upon activation of a paid plan, before proceeding to the checkout (it cannot be given by a combined tick together with the other consents); without it the order cannot be completed. The Operator records and confirms the moment it is given in accordance with clause 3.7. If the Consumer does not wish performance to begin before the period expires, they should not activate a paid plan earlier than 14 days after registration.

17.4 Refund upon withdrawal. The proportionate part under clause 17.3 is calculated as the price of the period paid for × the number of days from activation until delivery of the withdrawal / the number of days in the period. The Operator will refund the remainder through Paddle within 14 days of delivery of the withdrawal, using the same payment method. The subscription is cancelled as of the date of withdrawal and the Account moves to the FREE plan.

17.5 Out-of-court dispute resolution (Section 20d et seq. of Act No. 634/1992 Coll.). The body for the out-of-court resolution of consumer disputes arising from these Terms is the Czech Trade Inspection, Central Inspectorate — ADR Department, Štěpánská 567/15, 120 00 Praha 2, www.coi.gov.cz, adr@coi.cz. A Consumer domiciled in another EU Member State may contact the European Consumer Centre Czech Republic (www.evropskyspotrebitel.cz), which will put them in touch with the competent out-of-court dispute resolution body.

17.6 Jurisdiction. Disputes will be heard by the court having subject-matter and territorial jurisdiction according to the Consumer's domicile. The choice of Czech law does not affect the mandatory provisions of the law of the Consumer's habitual residence under Art. 6 of Regulation (EC) No 593/2008 (Rome I).

17.7 Prohibition of unfair terms. No provision of these Terms applies to the extent it would constitute an unfair term within the meaning of Sections 1813 and 1814 of the Czech Civil Code.

18. Governing law and jurisdiction (B2B)

18.1 These Terms and the Agreement are governed by the law of the Czech Republic. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. Conflict-of-law rules are excluded.

18.2 For Business Customers the parties agree on the exclusive territorial jurisdiction of the court having subject-matter and territorial jurisdiction at the Operator's registered office (i.e. the District Court in Hodonín, or the Regional Court in Brno according to subject-matter jurisdiction).

18.3 The parties undertake to attempt an amicable settlement of the dispute by written notice delivered to the other party before commencing court proceedings. This provision does not limit the right to seek interim measures or to take any immediate step necessary to preserve rights.

19. Final provisions

19.1 Severability. The invalidity of an individual provision of these Terms does not affect the validity of the remainder. An invalid provision will be replaced by one which in its meaning and purpose best corresponds to the original intention and complies with the law.

19.2 Entire agreement. These Terms, together with the Privacy Policy, the DPA, the AUP, the price list and (for ENTERPRISE) the separate master agreement, constitute the entire agreement of the parties and supersede all prior negotiations.

19.3 No waiver. The Operator's failure to exercise a right, or delay in exercising it, does not constitute a waiver of that right.

19.4 Assignment. The Customer is not entitled to assign the Agreement without the Operator's prior written consent. The Operator is entitled to assign the Agreement to a legal successor or to an acquirer of the business (including a company established by the Operator to operate the Service) without the Customer's consent; in such a case the Customer will be informed by email at least 30 days in advance and has the right to terminate the Agreement free of charge.

19.5 Notices. Written communications are delivered:

• to the Customer: to the email address stated in the Account; the Customer is responsible for that address being functional,
• to the Operator: to legal@simplyforms.app or by post to the registered office stated in Article 1.

An email is deemed delivered on the business day following its dispatch, unless the addressee proves that it did not become available to them for reasons not attributable to them.

19.6 Survival of provisions. After termination of the Agreement the following survive: clauses 5.2 and 5.3 (position of the parties), Article 12 (limitation of liability), Article 13 (warranties), Article 14 (indemnification), Article 15 (intellectual property), Article 18 (governing law) and Article 19 (final provisions), for the duration of the general limitation period under Section 629 of the Czech Civil Code, or of the period under clause 12.6 respectively.

19.7 Export controls. The Customer declares that:

• (a) it is not a person named on an EU, UN or US international sanctions list,
• (b) it will not use the Service for activities subject to export controls on weapons of mass destruction,
• (c) it will comply with all applicable export-control regulations.

20. Annexes and referenced documents

• Privacy Policy: simplyforms.app/en/legal/privacy
• DPA (Data Processing Agreement): simplyforms.app/en/legal/dpa
• AUP (Acceptable Use Policy): simplyforms.app/en/legal/aup
• Sub-processors: simplyforms.app/en/legal/sub-processors
• Cookie Policy: simplyforms.app/en/legal/cookies
• Model withdrawal form: simplyforms.app/en/legal/withdrawal-form
• Previous versions: on request at legal@simplyforms.app (clause 3.5)

Version 1.2 · Effective: December 1, 2026

These Terms were prepared for SimplyForms on the basis of the legal position as at September 19, 2026, and their review by an attorney specializing in IT/e-commerce law is recommended.

Document hash (SHA-256): 3d82244a47d47c1881db14656da86a74a8e6d53bc8bbfc89ae09d95f2aaf619a