Terms and Conditions

Please read our terms and conditions carefully.

This License Agreement constitutes an agreement between Hirely GmbH and the licensee of the web-based software DataForms.io. A company becomes a licensee as soon as it creates an account and accepts these corresponding terms. Only companies within the meaning of § 14 BGB (German Civil Code) or legal entities under public law can become contractual partners in the context of this agreement.

1. Introduction

Hirely GmbH provides companies with a web-based software called "DataForms.io". This enables users to create, organize, and publicly share forms. Customers of the users can also use these functions, provided this is included in the scope of the booked service. All tools and services made available through the platform are defined as "Services" in this contract.

The users and their customers are not employees of Hirely GmbH. The company assumes no responsibility for interactions between users and their customers, except for providing the technical resources through which users provide their content. Any disputes, claims, losses, injuries, or damages of any kind arising from the relationship between the user and their customers, including but not limited to the customer's reliance on information or content provided by the user, are not the liability of the company.

2. Information about Hirely GmbH

The website dataforms.io and our web-based platform known as "DataForms.io" are owned and operated by Hirely GmbH. The company information is as follows:

Hirely GmbH
Hans-Sachs-Str. 53a
90542 Eckental
Germany

Commercial Register: HRB 20679
Register Court: Amtsgericht Fürth
VAT Identification Number: DE356086492
Email Address: support@dataforms.io

3. Trademarks

Hirely GmbH is the exclusive owner of the registered trademark "DataForms.io".

4. Definitions

4.1 Definitions

In the context of this License Agreement, the following terms mean:

  • "Agreement" refers to this License Agreement, which represents the complete arrangement between the company and the user regarding the use of the platform.
  • "Company" (also referred to in this contract as “DataForms.io”, “DataForms”, “Hirely”, "the Company", "we", "us", or "our") refers to Hirely GmbH.
  • "Platform" (also referred to in this contract as “Software”) refers to the website and the product DataForms.io, which are operated by the company.
  • "Content" means all materials such as texts, images, or other information that can be published, uploaded, linked, or otherwise provided by users, regardless of the form of the content.
  • "Device" defines any device capable of accessing the platform, including but not limited to computers, mobile phones, or digital tablets.
  • "User" (also referred to in this agreement as "the user", "you", or "your") means the company that is a party to this License Agreement.
  • "Profile" refers to the user account on the platform.
  • "Users" means the individuals of the company or the customers of the company whom the user adds to their company.
  • "Subscription" stands for a subscription to the platform.
  • "Website" refers to the domain or subdomain of dataforms.io or a domain or subdomain provided by the user.

5. Acceptance of Terms

5.1. The company offers its service to the user through its website.

5.2. By agreeing to the terms of this License Agreement, including any attachments, the user confirms that they have read, understood, and accepted the stated terms. Furthermore, the user assures that all materials they create or use on the website are within their rights.

6. Access to the Platform and Changes

6.1. Access to our platform, its use, and the creation of content require a subscription. By purchasing a subscription, the user and their users gain access to our platform for the duration of the subscription and any future renewals. This assumes that all due payments have been successfully made and the subscription amount has been credited to the company's account.

6.2. DataForms.io reserves the right to make adjustments to the software:

  • Minor changes may be necessary to perform basic technical modifications, such as troubleshooting or resolving security issues. We will inform the user about significant changes of this kind if necessary.
  • Minor adjustments can be made to comply with legal changes or regulatory requirements. If needed, we will inform the user about important changes.
  • Over time, we will continue to develop and improve our platform and, in some cases, make significant adjustments. The user will be kept up to date about such changes on our website under the menu item “Release Notes”.
  • We may make changes to the software and other provisions of the contract without consulting the licensee.

6.3. Despite working with trusted partners and service providers, technical problems can occur. We will do our best to find solutions as quickly as possible, but we assume no liability for such occurrences.

6.4. Our goal is to continuously ensure access to our platform and the user's content. In certain, limited cases, however, it may be necessary for us to temporarily interrupt access to make the adjustments described in point 6.2. Unless we are responding to an emergency or urgent issue, we will inform the user in advance of any interruptions.

6.5. The licensee understands and agrees that the services provided by DataForms.io for the licensee may share the same underlying software, hardware, and infrastructure and are intended to be provided in a scalable manner for many other licensees. The services are not customized and/or tailored for the licensee unless expressly agreed between DataForms.io and the licensee.

7. Subscriptions, Add-ons, Contract Terms, and Payment Modalities

7.1. Subscriptions and Contract Terms

7.1.1. Each subscription is issued in the name of a specific licensee and, by default, has a term of one (1) month. Subscriptions can be canceled monthly. Alternatively, there is the option to purchase an annual subscription at a discounted price. The annual subscription can be canceled at any time but runs for a minimum of one (1) year and is paid in advance.

7.1.2. In addition to the subscription, the licensee can purchase optional additional features ("Add-ons") that extend the functionality of the subscription. Unless otherwise agreed in writing between both parties, the Add-ons have a term corresponding to the selected subscription. Add-ons can be canceled monthly unless they were purchased as part of an annual subscription.

7.1.3. After concluding the contract, the details of the selected product, including price, term, and other specific conditions, will be attached to the contract and form an integral part of the agreement.

7.1.4. The use of an account and the associated account information by third parties is not permitted for the contractor and the users. Shared use of the platform is only possible by the contractor adding users to their company.

7.1.5. The licensee confirms that they agree to receive invoices in electronic form via email. They are responsible for the proper storage of the invoices.

7.2. Adjustment of the Scope of Services

7.2.1. Upgrade

Within the term of this agreement, it is possible to upgrade the existing service package to a higher-value package. Such an upgrade takes effect immediately, and the price is adjusted accordingly. Payments already made will be credited proportionally.

7.2.2. Downgrade

Switching to a lower-value service package is possible at the end of the current billing period. In the event of a downgrade, all data generated, modified, or otherwise processed in connection with the functions of the previous, higher-value service package will be removed. This data will not be available again in a later upgrade. This includes all data stored during use that is exclusively available in the higher-value service package.

7.3. Payment Modalities

The license fees and costs for Add-ons are based on the published price list and can be billed monthly or annually at the licensee's preference. By concluding this License Agreement, the payment obligation arises for the selected license period. The license fees and costs for Add-ons are always to be paid plus the applicable VAT.

7.3.1. Monthly Payment

The monthly license fee and the costs for Add-ons are due on the day of the contract conclusion and thereafter monthly on the same day.

7.3.2. Annual Payment

For annual payment of the license fees, the total amount is due on the day of the contract conclusion.

7.4. Accepted Payment Methods

  • Credit Card
  • SEPA Direct Debit
  • PayPal
  • Stripe
  • Invoice

7.5. Payment Default and Consequences

7.5.1. Service Interruption

If the licensee is in default of payment, the company reserves the right to temporarily suspend the services ("Blocking"). However, this measure will only be taken after the company has informed the licensee 14 days in advance about the impending payment default and given them the opportunity to update the payment information. The blocking will be lifted once the licensee has settled the outstanding payment. During the blocking period, the licensee and their users cannot access the platform. The licensee has no claim for compensation for the period of the blocking.

7.5.2. Reminder Fees and Default Interest

If the payment default lasts more than 14 days, the company reserves the right to charge reasonable reminder fees and default interest.

7.6. Termination of the Contract

Subscriptions with a monthly term can be canceled at any time with effect from the end of the current month. Annual subscriptions can be canceled at any time but run for a minimum of one (1) year and are paid in advance. After the minimum term has expired, the annual subscription can be terminated with a notice period of one (1) month to the end of the current billing period.

After a valid termination, the contractor's data will be retained until the end of the billing period. During this time, the contractor can reactivate their account. After this period expires, the data will be irrevocably deleted.

7.6.1. Deactivation and Deletion of the Account

The contractor has the option to deactivate their account along with all associated data before the end of the license term or to have all data irrevocably deleted that is not required by DataForms.io to fulfill legal obligations or due to legitimate interest.

8. Rules and General Conditions

8.1. The licensee is obligated not to license, sell, rent, transfer, or distribute the service. Any exception requires written consent from DataForms.io.

The licensee may not use the platform for illegal activities, including but not limited to violating privacy, data ownership, or copyrights.

8.2. The licensee acknowledges that Hirely GmbH is the owner of the software and is not permitted to manipulate or reverse-engineer the source code of the software.

The licensee is responsible for the data stored on their account and all data sent or published from their account. DataForms.io assumes no liability for racist, defamatory, or slanderous messages sent or published via the account or by users of the licensee. The licensee releases DataForms.io from any liability in relation to such incidents.

8.3. As part of the licensee's duty of care, they ensure accessibility via the specified email address from the time of registration. Any misuse of the account, corresponding suspicion, or loss of access data must be reported to us immediately in text form (e.g., via email or within the software).

8.4. The licensee is responsible for the confidentiality and security of their access data to their account and undertakes not to license, sell, rent, transfer, distribute, or share them with third parties. The licensee is also responsible for ensuring that third parties cannot gain knowledge of the access data and must take necessary measures to ensure confidentiality, especially by using a secure password consisting of numbers, letters, and special characters and changing the password at regular intervals.

DataForms.io reserves the right to delete the licensee's account immediately and without prior notice if they violate the stated conditions. If DataForms.io determines that the licensee is abusing their access rights to the platform, termination can become effective immediately and without prior notice.

8.5. The licensee assures that their use of the software complies with all applicable laws and regulations. In particular, they assure to comply with the following usage restrictions of DataForms.io:

8.5.1. The licensee may not upload or create any content (videos, images, texts, audio recordings, etc.) or use the software in connection with user content that includes any of the following actions in any way:

  • false or misleading business opportunities, fraud, or pyramid schemes;
  • health-related claims deemed false or misleading by a regulatory authority;
  • illegal activities;
  • violation of copyrights or other third-party rights;
  • sale of drugs or pharmaceuticals;
  • sale of illegal products or services;
  • pornography or sexually explicit content;
  • content that promotes or depicts human trafficking, child abuse, animal abuse, or that trivializes the abuse of alcohol, drugs, or other substances, graphically promotes senseless violence or injuries, beatings, injuries, attacks, or humiliations;
  • and/or content that is unnecessarily shocking to the senses, grossly blatant, or depicts or promotes accidents, death, hate speech that attacks or humiliates a group based on race, ethnicity, religion, disability, gender, age, and the like. Any use of the software in connection with predatory behavior, including invasion of privacy directed at other people, especially children, is not allowed and will not be tolerated;

8.5.2. It is prohibited to access, manipulate, or otherwise use non-public areas of the software or our computer systems or the technical delivery systems of our providers in any way other than as contractually defined.

8.5.3. Activities such as vulnerability scanning, load testing, penetration testing, or circumventing our security measures in any way are strictly prohibited on our platform without our prior written consent.

8.6. The availability of the software depends on internet access. The user is solely responsible for ensuring that the necessary system requirements are met to use the software. If the licensee uses third-party offers (especially ad blockers, scraping software, or other add-ons), they are responsible for ensuring that these do not impair the software. We do not guarantee compatibility and are not liable for damages arising from the use of such offers.

8.7. We may provide the licensee and their users with "digital content" (e.g., e-books, strategy presentations, video material, digital work materials) within the software, via email, and/or for download. The rights to any provided digital content belong to us, and aside from a usage right, no further rights are transferred to the user. Commercial use or other utilization of the templates, their contents, and any digital content is only possible with an explicit individual agreement and upon payment of a license fee.

8.8. The user undertakes to support us in providing the contractual services to a reasonable extent, e.g., by informing us of any system errors ("bugs") they have identified.

8.9. The licensee is responsible for the contractual relationship and data protection of all data collected, processed, and analyzed via pages published by the licensee's users with the respective end-users. DataForms.io assumes no responsibility and has no contractual relationship with these end-users. The licensee is also obligated to comply with the legal requirements for operating a website, as the pages created by the licensee and their content constitute websites within the framework of legal provisions, and the licensee bears sole responsibility for these pages.

8.10. By concluding this License Agreement, the licensee expressly confirms that they possess the necessary rights to any data uploaded or otherwise made available to DataForms.io via the software or have the express permission from the rights holder to use this data within the scope of publishing the same via the software. This includes, but is not limited to, any uploaded or integrated images, audio and video files, fonts, graphic elements, texts, logos, and other copyrighted data.

8.11. So that we can make the created pages accessible online on behalf of the licensee, they grant us the license to the rights of any data they have uploaded or integrated for reproduction and use for the contract term. According to point 8.10, the licensee ensures that they have the necessary rights to provide DataForms.io with the aforementioned license.

8.12. DataForms.io uses services from third parties (such as network operators, data centers, telecommunications providers) to provide the services and the website to the licensee and their users. We ensure that we make all economically reasonable efforts to provide the services to the licensee according to industry standards, but we do not guarantee that the services will be error-free or uninterrupted at all times, nor do we guarantee that errors or defects will be corrected. Unless expressly stated herein, we do not guarantee, to the extent permitted by law, that the services are correct, complete, or suitable for a particular purpose, and we disclaim any other warranty, whether express, implied, or statutory.

8.13. DataForms.io may display or provide links or other forms of collaboration on the website and through the services, including collaboration and integration with third-party websites, third-party services, and third-party advertising banners ("Third-Party Collaboration"). In particular, the services may also offer the licensee and their users the ability to connect and publish the licensee's and their users' information and/or data through third parties, such as posts on social and business networks. The use of Third-Party Collaboration is at the licensee's risk, and DataForms.io and/or third parties may require the licensee to agree to additional terms for the use of such Third-Party Collaboration. DataForms.io may, at its sole discretion, disable Third-Party Collaboration with or without notice at any time. DataForms.io assumes no liability or responsibility for Third-Party Collaboration, including quality, content, terms of use, and availability.

9. Limitation of Liability

9.1. The licensee expressly acknowledges and agrees that DataForms.io assumes no liability for damages and/or losses resulting from:

  • the use or inability to use the services;
  • the costs for procuring substitute goods and services arising from goods, data, information, or services purchased or received through the services, or from messages received or transactions entered into through or from the services;
  • statements or actions of third parties concerning the services;
  • indirect or consequential damages, including lost profits;
  • indirect, incidental, exemplary, consequential, punitive, or other similar damages, including lost profits, lost sales or business, business interruptions, or other losses;

9.2. The total liability of DataForms.io arising out of or in connection with the contract does not exceed the fees (calculated proportionally) for the further twelve-month (12) software usage license provided to the licensee under this license agreement immediately before the first event that triggered the licensee's claim(s) against DataForms.io ("Liability Cap"). The Liability Cap applies to:

  • any damages;
  • all claims in total, including breach of contract, warranty violations, indemnification, negligence, strict liability, misrepresentation, and other torts.

9.3. The limitations set forth in this article do not apply to the extent that liability cannot be limited under applicable laws and regulations, such as in cases of gross negligence, fraud, or intent on the part of DataForms.io. The limitations mentioned in this article also apply if a limited remedy specified in the contract fails to fulfill its essential purpose. All limitations agreed upon in this article also apply to the liability of the directors, officers, employees, contractors, agents, and affiliates of DataForms.io.

10. Intellectual Property and Proprietary Rights

10.1. All proprietary rights, copyrights, patents, trade names, and other forms of intellectual property related to the software remain entirely with DataForms.io or Hirely GmbH. The rights granted to the licensee under this agreement do not confer any claim to these proprietary rights or any form of the company's intellectual property.

10.2. For all content generated by the licensee using the platform, the copyright remains with the licensee.

10.3. Subject to the licensee's consent and insofar as they do not include business or personal data, we reserve the right to use generated content for marketing initiatives or reference materials.

11. Availability of the Platform

DataForms.io strives to ensure the software and services are available as consistently as possible but does not guarantee specific availability. Availability depends on a variety of factors over which DataForms.io has no control. Nevertheless, DataForms.io will endeavor to perform maintenance and repair work outside statistically measured peak usage times. In certain cases, unannounced maintenance and repair work may be necessary, such as in cases of hacking, malware, critical software errors, etc.

12. Indemnification

12.1. Indemnification by DataForms.io

If third parties make claims arising from the company's use of the platform and allege that DataForms.io infringes applicable patents or copyrights or misappropriates trade secrets of third parties ("Claims"), DataForms.io agrees to indemnify the licensee from such claims. The defense against these claims is carried out at the expense of DataForms.io, and any court-awarded damages are borne by DataForms.io, including reasonable attorney fees and expenses. This is subject to the condition that (i) the licensee promptly notifies DataForms.io of such claims, (ii) DataForms.io has the sole right to control the defense and/or settlement of these claims, and (iii) the licensee fully assists DataForms.io in handling these claims. If the licensee's use of the software becomes the subject of such claims or, in DataForms.io's assessment, is likely to become so, DataForms.io will adjust or replace the platform accordingly to eliminate infringement.

12.2. Indemnification by the Licensee

The licensee agrees to protect DataForms.io from any claims, lawsuits, or demands, including reasonable attorney and consulting fees, arising from the violation of these terms or from access, use, misuse, or illegal use of the software by the licensee or their users. DataForms.io will inform the licensee of any such claims, lawsuits, or proceedings.

DataForms.io reserves the right to assume the exclusive defense and control of any matter subject to indemnification under this section. In such a case, the licensee agrees to cooperate with all reasonable requests to assist in the defense of this matter.

13. Disclaimer for Third-Party Services and Interfaces

13.1. If the licensee or their users use external services offered through our software that have access to the created forms, stored data, their hosting, or data collected through the forms ("Integrations"), they act based on their own contractual relationship with the licensee. We assume no warranty or liability for damages that may arise in the context of using these integrations. Likewise, we are not liable for damages that may result from faulty or inadequate transmission or processing of data. We strongly recommend that the licensee review the terms and privacy policies of the integrations before including them in use.

13.2. The licensee and their users can generate API keys. The use of this key is at the licensee's own responsibility. The API key provides full access to all data to which the licensee or their users have access. It is the responsibility of the licensee and their users to keep the API key secure and ensure that no unauthorized parties have access to it. Misuse of the API key can lead to data loss or data security breaches. In the event of loss or suspicion of misuse of an API key, the licensee must promptly notify DataForms.io and deactivate the respective API key.

13.3. The licensee acknowledges that DataForms.io uses third-party service providers to operate the services. DataForms.io does not guarantee that information or data, including but not limited to prices, ratings, and statistics provided through the website and services, are reliable and correct when such information is provided by a third-party service provider or by means of a third-party service provider.

14. Confidentiality Clause, Advertising, and Marketing

14.1. Confidential Information

14.1.1. "Confidential Information" refers to all information exchanged between the licensee and DataForms.io within the scope of this license agreement, regardless of whether this occurs orally or in writing, is designated as confidential, or is to be considered confidential due to the circumstances of the transmission, especially the provisions of the contract or these terms and conditions. This applies in particular to any economic key figures of DataForms.io, usage statistics and evaluations, as well as other information about the technical implementation of the platform and its economic success.

14.1.2. Information is not considered confidential if it can be proven that it was already known to the other party before transmission without being subject to a confidentiality agreement; becomes publicly known during the contract term without a breach of contract by the parties; was independently developed during the contract term by employees of the parties who had no access to the confidential information; is disclosed to third parties by the disclosing party without confidentiality provisions; or must be made public based on an enforceable order or other decision of a court, authority, or other governmental organization.

In the latter case, however, the addressee of the order undertakes to inform the other party immediately and to support them appropriately in the legal challenge of such an order. In principle, all technical information is part of the confidential information, provided it is not distributed under an open-source license.

14.2. Confidentiality

14.2.1. The licensee and DataForms.io agree to treat all confidential information strictly confidential and, except for the purpose of fulfilling the contract, not to use or make it accessible to third parties. The receiving party may only make the information accessible to its management, employees, and advisors, provided they are also subject to confidentiality under these provisions and are involved with the concerns of this contract. The receiving party will take all reasonable measures to prevent unauthorized use of the confidential information and will promptly inform the disclosing party of any suspicion of unauthorized use or disclosure.

14.3. Reference Use

14.3.1. Unless expressly prohibited by the licensee through notification to DataForms.io, DataForms.io may use the company names, logos, and trademarks of the licensee and their users and possible customers to mention the use of the services by the licensee in press releases, interviews, promotional materials, sales sheets, presentations, websites, and other self-promotion channels.

14.3.2. DataForms.io is not obligated to inform the licensee about such use or publication.

14.3.3. By accepting this license agreement, the licensee grants DataForms.io the usage rights to all relevant materials, including but not limited to the licensee's logo, the licensee's name, uploaded images, and other materials that DataForms.io needs to fulfill the aforementioned purposes.

14.3.4. Additionally, the licensee allows DataForms.io to use statistics created in connection with the licensee's and their users' use of the platform.

14.3.5. This consent is valid for the entire duration of the contract and remains effective even after its termination.

14.4. Branding

The licensee agrees that the services may include a "Powered by DataForms.io" or similar graphic or text link.

15. Change of Business Address of Hirely GmbH

15.1. If Hirely GmbH changes its business address, this license agreement remains unaffected and retains its validity and enforceability. The licensee hereby expressly agrees that changes to the business address of Hirely GmbH do not affect the rights and obligations under this license agreement.

15.2. Hirely GmbH will inform the licensee of a change in its business address. This notification will occur in an appropriate manner, for example, via email or through an announcement on the DataForms.io website. The notification is considered effective once it has been sent or published via one of these means.

15.3. The licensee is not entitled to terminate, withdraw from, or suspend the contract due to a change in the business address of Hirely GmbH or to assert other rights based on this change. All claims based on such a change are expressly excluded.

16. Severability Clause

If a competent court deems any provision of this contract unenforceable, that provision should be modified and interpreted by the court to come as close as legally possible to the original intent and purpose of that provision. All other provisions of this contract remain valid.

17. Amendments

DataForms.io is entitled to amend this license agreement from time to time without stating reasons, provided that the services provided by DataForms.io for the licensee are not significantly reduced as a result. Changes will be announced to the licensees by sending them via email. Changes are permissible insofar as new regulatory needs arise due to substantive expansions of the software, particularly if new functions are made available to the licensee or if a need for adjustment arises due to changes in law or jurisprudence, especially if individual provisions of these terms of use are or become ineffective. In such a case, the new terms replace previous versions.

18. No Additional Rights and Legal Framework

Except for the terms expressly set forth in this contract, no further rights or licenses are granted by acceptance or implication or in any other way.

The exclusive place of jurisdiction for all disputes arising from or in connection with the contract (including the license agreement) is Nuremberg, Germany. This also applies to the enforcement of our rights against you.

19. Execution

This license agreement, including the appendix, becomes effective when "Register and Book Now," "Create Account," "Subscribe for Free," or "Start Now" is clicked on the registration page of our website.