Terms of Service

Welcome to FormAgent! Please read these Terms carefully. These Terms govern your access to and use of our services, including but not limited to, our website located at https://formagent.ai, our documentation available at https://docs.formagent.ai, APIs, and any updates, modified versions, extensions, improvements, and derivative works thereof (collectively referred to as the "Service"). By accessing or using the Service, including creating an account, logging in to https://formagent.ai, or using our website or any FormAgent products or APIs, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please discontinue use of the Services immediately.

FormAgent is a product of ChainBow Co. Ltd., a company incorporated in Japan, having its principal place of business located in Tokyo, Japan. In these terms, we will refer to ourselves as "FormAgent", "we", "us", or "our".

"You" means the natural person and/or entity that you represent in accepting these Terms. You represent and warrant that (i) you have full legal authority to bind yourself or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of such entity.

• "Account Information" means information about your FormAgent account and information that you and your users provide to FormAgent in connection with (i) the creation or administration of your FormAgent account; or (ii) FormAgent's maintenance of your FormAgent account or the Services.
• "Affiliate" means an entity controlled, controlling, or under common control with a party, where control means at least 50% ownership or power to direct an entity's management.
• "Beta Release" means any alpha, beta, developmental, test, experimental, preview, or early-access releases of the Service or other FormAgent products or services.
• "Customer Content" means any information, content, or materials that you submit through the Service to your FormAgent Account, including from Third-Party Services.
• "DPA" means FormAgent Data Processing Addendum for processing Personal Information.
• "FormAgent Functions" mean products or features of the Service that utilize artificial intelligence, or similar technologies.
• "Input" means all information that you submit to FormAgent Functions.
• "Output" means information generated and returned by FormAgent Functions based on the Input.
• "Sensitive Personal Data" means (i) patient, medical, or other protected health information; (ii) credit, debit, bank account or other financial account numbers; (iii) social security numbers, driver's license numbers, or other government ID numbers; and (iv) special categories of personal data enumerated in the European Union General Data Protection Regulations ("GDPR").
• "Third-Party Services" means any third-party service, connection, site, platform, application, software, or integration that interoperates with the Service.
• "Usage Information" means analytics data, including metadata, relating to the provision, use, and performance of various aspects of the Service, Third-Party Services integrations, and related systems and technologies.

In order to access and use the Service, you must register for a FormAgent Account ("Account"). You must provide and maintain accurate, current, and complete Account Information. Upon your proper registration for an Account and subject to these Terms, we will make the Service available during the applicable Subscription Term, solely for your own internal business purposes and in accordance with the Documentation.

In order to open and maintain an Account, you hereby represent, warrant, and covenant that you have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside.

Some Service features may only be accessed and used after payment of applicable Fees. Except as expressly stated in these Terms or as required by applicable law, Fees paid are non-refundable, and payment obligations are non-cancelable.

You are responsible for any Taxes other than FormAgent's income tax. Fees and expenses are exclusive of Taxes, levies, or duties.

Your Subscription Term begins once you register for your FormAgent Account and is the billing cycle that you selected for your FormAgent Account.

UNLESS YOU DOWNGRADE OR CANCEL YOUR SUBSCRIPTION PRIOR TO YOUR RENEWAL DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER SUBSCRIPTION TERM ON THE SAME PLAN (OR IF NO LONGER AVAILABLE, A SUCCESSOR PLAN) AND FOR A PERIOD EQUAL TO YOUR THEN-CURRENT SUBSCRIPTION TERM.

You may use your Account and the Service only (i) for lawful purposes; and (ii) in accordance with these Terms and the Documentation.

You shall not use or access the Service in violation of the Fair Usage Policy. Further, you will not and will not permit anyone else to:

• Sell, sublicense, distribute, transfer, or rent the Service
• Reverse engineer, decompile or seek to access the source code of the Service
• Copy, modify, create derivative works of or remove proprietary notices from the Service
• Conduct security or vulnerability tests of the Service
• Use the Service to develop a product or Service competitive to FormAgent
• Use the Service for any High-Risk Activities or to upload or transmit any Sensitive Personal Data
• Use FormAgent Functions to develop foundation models or other large-scale models that compete with FormAgent
• Use FormAgent Functions in a manner that violates any technical documentation, usage guidelines, or parameters
• Use FormAgent Functions to make automated decisions that may have a detrimental impact on individual rights without appropriate human supervision

From time to time, we may include FormAgent Functions as part of the Service. As between the parties and to the extent permitted by applicable law, Inputs and Outputs are deemed to be Customer Content. Other users providing similar Input to FormAgent Functions may receive the same or similar Output.

YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OBTAINED THROUGH USING FormAgent FUNCTIONS IS AT YOUR SOLE RISK. DO NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENT FACT-CHECKING. DO NOT RELY ON DESIGNS, WORKFLOWS/PROCESSES, OR CODE IN OUTPUT WITHOUT INDEPENDENT REVIEW OF FUNCTIONALITY AND SUITABILITY FOR YOUR NEEDS.

You acknowledge that:

• FormAgent Functions may generate content that could be considered offensive, inappropriate, or harmful
• FormAgent Functions may generate content that could be factually incorrect or misleading
• FormAgent Functions may generate content that could infringe upon third-party rights
• You are solely responsible for reviewing and verifying the accuracy and appropriateness of any Output
• You are solely responsible for ensuring that your use of FormAgent Functions complies with all applicable laws and regulations

We are committed to safeguarding your data and ensuring compliance with applicable laws and regulations. We have implemented and maintain physical, technical, and administrative security measures designed to protect the Service and Customer Content from unauthorized access, destruction, use, modification, or disclosure.

We protect your data with AES-256 encryption at rest and TLS 1.3 using AES-256 during transit, ensuring that your information is secure at every stage.

Your data is never used for model training. We respect your privacy by ensuring that your input data remains solely yours and is not used for re-training any models or shared with unauthorized parties.

All operations within the Service are closely monitored and recorded. Audit logs provide detailed records of all actions taken, offering you full transparency and the ability to analyze activities within your account at any time.

Except as prohibited by law, you agree to indemnify and hold harmless FormAgent, along with our officers, directors, employees, and agents, from any indirect, punitive, special, incidental, or consequential damages, however arising.

If liability is found on the part of FormAgent, it will be limited to the amount you have paid to us for the Service. Under no circumstances will we be liable for any consequential or punitive damages.

Our Service may utilize third-party services, including but not limited to large language models (LLMs) like OpenAI, Claude, Deepseek, Gemini, or other AI providers. While we strive to ensure the reliability and quality of these services, we cannot guarantee their performance or availability. We are not responsible for any issues, errors, or limitations that may arise from the use of these third-party services.

These Terms will be governed by and construed in accordance with the laws of Japan, without reference to its conflict of laws principles. All disputes arising out of or relating to these Terms will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in Tokyo, Japan.

These Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof. These Terms supersede all prior or contemporaneous discussions, proposals, and agreements between you and us relating to the subject matter hereof.

We may revise these Terms from time to time by posting a modified version of the Terms including their effective date. If we make material changes to the Terms, we will provide you with reasonable notice prior to the new Terms taking effect. By continuing to access or use the Service after the posting of any modified Terms, you agree to be bound by such modified Terms.