By using the FormsByAir Service you acknowledge that you have read and understood these terms and agree to be bound by them. If you use the Service on behalf of an organisation, you agree to these terms on behalf of that organisation and represent that you have the authority to do so. If you do not accept these terms, you must stop using the Service immediately and cancel your account.
FormsByAir grants you the right to access and use the Service for your own lawful purposes, in accordance with these terms and any notices sent by FormsByAir or conditions posted on the Website. This right is non-exclusive and non-transferable.
FormsByAir may provide consultancy services to advise and assist you with the configuration of your forms. These services are provided on a time-and-materials, as-is basis.
FormsByAir will provide an estimate of the hours and timeframe required to deliver the requirements you provide, and will seek your approval of that estimate before commencing work.
If it becomes evident that the estimated hours or timeframe will increase — for example, because requirements were incorrect or have since changed — FormsByAir will advise you as soon as practicable and seek further approval.
FormsByAir will exercise the care, skill and diligence consistent with sound professional practice in providing these services.
FormsByAir will keep confidential, at all times, any confidential information acquired in the course of providing these services.
FormsByAir will support, but is not responsible for, acceptance testing of completed configuration changes.
Consultancy services are invoiced monthly for work carried out in the previous month.
You must keep all usernames and passwords used to access the Service secure and confidential, and must notify FormsByAir immediately of any unauthorised use of your account or any other breach of security.
You must comply with all applicable local, state, national and international laws and regulations, and are solely responsible for all acts and omissions relating to your forms and your account, including those concerning the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
You must not transmit through the Service:
You must not interfere with or disrupt the networks or websites associated with the Service, or violate the regulations, policies or procedures of those networks.
You must not attempt to gain unauthorised access to the Service, or to other accounts, computer systems or networks associated with FormsByAir.
Our Privacy Policy explains how we handle Publisher Data and Form Data. By accepting these terms you also accept that policy.
General. Title to, and all Intellectual Property Rights in the Service, the Website and any documentation relating to the Service remain the property of FormsByAir.
Ownership of Publisher Data. Title to, and all Intellectual Property Rights in, Publisher Data remain your property. However, your access to Publisher Data is contingent on full payment of the Service Fee when due. You grant FormsByAir a licence to use, copy, transmit, store and back up your Publisher Data for the purposes of enabling you to access and use the Service, and for any other purpose related to providing services to you.
Backup of Publisher Data. FormsByAir follows best-practice policies and procedures to prevent data loss, but does not guarantee that no loss of Publisher Data will occur. FormsByAir expressly excludes liability for any loss of Publisher Data however caused.
Ownership of Form Data. Title to, and all Intellectual Property Rights in, Form Data are subject to your privacy policy.
Backup of Form Data. FormsByAir does not back up Form Data. Once Form Data has been delivered to you, you are solely responsible for its storage and security. FormsByAir expressly excludes liability for any loss of Form Data however caused.
FormsByAir reserves the right to change any content or feature of the Service at any time without notice.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. A public status page is available at status.formsbyair.com, and we target at least 99.95% availability every month. FormsByAir assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, or theft or destruction of, unauthorised access to, or alteration of, Publisher Data or Form Data. FormsByAir is not responsible for any technical malfunction or other problem of any telephone network or service, computer system, server, provider, computer or mobile equipment, or website, nor for any failure of email due to technical problems or traffic congestion on the internet, including any injury or damage to any computer, mobile phone or other hardware related to or resulting from using, uploading or downloading materials in connection with the Service. Under no circumstances will FormsByAir be responsible for any loss or damage — including personal injury or death — resulting from anyone's use of the Service, or from any interactions between users of the Service, whether online or offline.
We target an initial assessment and response within 12 hours for all support tickets, whether emailed to support@formsbyair.com or logged through our portal.
FormsByAir is not responsible for the content of any form, any invitation to complete a form, or any Form Data created on or through the Service.
FormsByAir may modify this Agreement from time to time, including Plans and the Service Fee. We will notify you of changes by posting a notice on our Website or, at our option, by sending you an email. If you do not accept the changes, you must terminate your subscription or other use at that time. Your use of the Service after the notice is posted (or the email is sent) constitutes acceptance of the changes.
Use of the Service may be subject to limitations, including but not limited to monthly form submission volume and the number of published or active forms. Any such limitations will be advised.
FormsByAir and its affiliates shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any error in or omission from the Website or Service; (b) the unavailability or interruption of the Service; (c) your use of the Service; or (d) any delay or failure in the performance of the Service.
You may terminate your account at any time, for any reason.
If you terminate part-way through a billing period, you will not receive a refund for the unused portion of that period unless a refund is required by law.
FormsByAir reserves the right to terminate your account at any time, and without notice, if you violate any of these terms.
If FormsByAir terminates your account part-way through a billing period, you will not receive a refund for the unused portion of that period unless a refund is required by law.
No Assignment. You may not assign or transfer any of your rights under this Agreement to any other person without FormsByAir's prior written consent.
Jurisdiction. This Agreement is governed by New Zealand law, and you submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with it.
Severability. If any part or provision of these terms is invalid, unenforceable or in conflict with the law, it will be replaced with a provision that, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement remains binding on the parties.
Entire Agreement. These terms (together with the Privacy Policy) constitute the entire agreement between you and FormsByAir, and supersede all prior or contemporaneous agreements, terms and conditions, written or oral, concerning their subject matter.
A summary of what changed in the July 2026 revision (previous version: April 2022):
This summary is provided for convenience only — the terms above govern.
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