AI Terms of Use

These AI (artificial intelligence) Terms of Use (“Terms”) apply to users and customers of the Jotform form-building platform and to all parties who visit Jotform forms, and web pages/websites (all of these collectively are referred to as the “Platform” in these Terms).

These Terms are binding and enforceable in all jurisdictions in which the AI Functionality (defined below) is being used and provided. These Terms should be read in conjunction (along) with our Privacy Policy here, and our AI Policy here. For our non-Enterprise customers, these terms are incorporated into our general Terms of Use here.

It’s important for you to read, understand, and agree to these Terms before you make use of any AI Functionality made available to you in or through our Platform. Don’t make any use of the AI Functionality if you don’t agree to these Terms. These Terms are our agreement/contract with you regarding AI and AI Functionality.

1. Definitions

In these Terms:

“AI Functionality” includes any and all artificial intelligence functionality, features, tools, products, and integrations on or in connection with the Platform, whether on, in, or made available in, on, or through the Jotform form-building platform or any Jotform website, link, or URL.

When we refer in these Terms to you “using” or that you “use” the AI Functionality, it means and includes using, creating, interacting with, and otherwise engaging with the AI Functionality.

“You” and “you” means you, our customer (including those on free/”Starter” accounts), whether you use the AI Functionality or the Platform on your own behalf as an individual or on behalf of or related to or in connection with your employment, membership, affiliation, or other connection to a company, organization, or other entity.

2. Agreement to these Terms by Using the AI Functionality

By using any or all of the AI Functionality, you are representing and affirming that you have read and understood and agree that you are bound by these Terms, and are of legal age to accept and agree to these Terms. If you use the AI Functionality in connection with or on behalf of your employer, or another company, entity, or organization, you are agreeing to these Terms on behalf of that party and are representing that you have the authority to do so. These Terms form a binding contract between Jotform and you.

Do not use any of the AI Functionality if you don’t agree to these Terms.

3. Input and Output

Data and other content that you and/or your customers, users, and end users input, type in, or submit in connection with using the AI Functionality, such as AI agents, chat bots, AI telephone / phone interactions are referred to in these Terms as “Input”.

Content of any type, and data, that the AI Functionality presents to you or responds with or creates in connection with or as a result of your use or interaction with the AI Functionality are referred to in these Terms as “Output”.

You may use the Output for lawful purposes, subject to these Terms, but you are not permitted to sell, license, or redistribute the Output as your own product without our prior written consent.

You grant us a perpetual and unconditional and payment-free/royalty-free right and license to use your Input to provide the Platform and AI Functionality to you, and to improve the Platform and AI Functionality.

4. Acknowledgements / Grants of Rights / Specific Agreement Points

By using any of the AI Functionality, you understand, acknowledge and agree that:

AI and AI Functionality, including AI agents, are not human, even where they may seem human or it seems like you’re interacting with a human. In some cases, the AI / AI Functionality, and especially AI “agents” will have or be given a human name, and/or a photo of what is or seems to be a real human will also be used, but when you “talk” to or “chat” with or otherwise interact with such AI Functionality, it is actually artificial intelligence on the other end, not a real person;

We use third parties (“Providers”) to provide some or all of the AI Functionality that you may use or interact with; see our list of the Providers on our subprocessors page here;

You are solely responsible for AI agents and the like that you create in or through our Platform, whether for chat or simulated phone calls, or for any other use or purpose;

The Providers will process Input and Output, at one or more locations of their choosing, and such place(s) of processing may take place in a different location than where other data is stored or processed in connection with your subscription to and use the Jotform Platform generally; by using the AI Functionality, you consent and agree to this;

You hereby grant Jotform the unconditional right to allow Providers to access and process your Input and Data, at one or more locations of their choosing, in order to provide and support the AI Functionality that you use, and to help us provide and support your use of the AI Functionality;

If your Input includes personal data or other sensitive data, such data will be processed and possibly made available to or even accessed by Providers (but we will take reasonable measures to protect and secure such data on our end); 

Input is your responsibility – we are not liable or responsible for any issues or problems, technical or otherwise, that arise out of mistakes or errors you make regarding Input;

Due to the nature of AI, Output may be incorrect, misleading, incomplete, and confusing, and we are not responsible or liable for any such issues or problems that Output may cause you;

You should not rely on any Output that is or seems to be advice, guidance, or diagnosis, of any type, including but not limited to regarding medical issues, law or legal issues, financial matters, or relationships;

While Jotform will not use your Input to train our AI Functionality or any large language models, we make no representation as to whether our AI Providers will do so – they may in fact do so. For this reason, among other reasons, you should review, or have a lawyer review, each Provider’s privacy policy and other AI information and terms of use before using or relying on any AI Functionality, and definitely before providing any personal data as part of your Input. Our Providers’ privacy policies are on our subprocessors web page here; and

The Providers of the AI Functionality are third-party beneficiaries of the agreement as to these Terms with you.

5. Use Restrictions

You accept and assume sole responsibility for your use of the AI Functionality.

You accept and assume sole responsibility for any AI agents, chat bots, phone bots, and the like that you create on or in connection with our Platform, and for any issues or problems that third parties experience in connection with such things you have created.

You agree that you will always comply with all applicable laws in connection with your use of the AI Functionality. This means not violating any applicable law, legal right or protection, including but not limited to third parties’ privacy rights and intellectual property rights.

The AI Functionality may NOT be used for, or in connection with any of the following, any or all of which may result in your account being temporarily suspended or permanently terminated, at our sole discretion:

  • Impersonating any person or entity, or otherwise creating the false impression that others are interacting with anyone or anything other than artificial intelligence
  • Any of the things listed under the heading of “Use Restrictions” in our general terms of use here
  • Any other activity prohibited under these Terms or under applicable law

You agree that we have the absolute and unconditional right to remove or disable any AI agents or other AI functionality you create on or through the Platform, if we believe in our sole discretion that you or what you have created violate any of these Terms.

You agree not to reproduce, duplicate, reverse engineer, copy, sell, resell, or exploit for any commercial purposes any AI Functionality that we or our Providers have provided for your use.

6. Use of Input & Data

You accept and agree that you have sole responsibility for the information, data, and content (collectively “Data”) you receive or collect from third parties through (a) AI agents, chat bots, and like that you create in or through the Platform, and (b) forms you have created or used on the Platform using AI Functionality, and for what you do with that Data. You agree that Jotform is not responsible for and does not own any Data.

You hereby authorize us to access, use and display both Input and Data, and Output, for the purpose of and to the extent we deem necessary in our sole discretion to provide the Platform and the AI Functionality to you, to provide customer support to you, to protect and serve our other customers and users, to secure and protect our online and computer resources from intrusions and cyberattacks, and to fulfill our legal obligations and to exercise our legal rights.

See our privacy policy for more info on how we gather, use, and disclose personal and personal information to which we are given access in connection with our provision and operation of the Platform and the AI Functionality. We will never sell or rent your personal info to any other party.

If you use AI Functionality in connection with the collection of personal data in or from the EU or EU residents, you must use the EU Safe Forms feature of the Jotform Platform.

7. Term and Termination

You are permitted to use the AI Functionality for the period of time during which your subscription is active. You agree that we may immediately and permanently shut off your access to the Platform if you materially breach any provision of these Terms.

8. No Warranties

THE AI FUNCTIONALITY IS PROVIDED AS-IS. JOTFORM DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE AI FUNCTIONALITY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Questions

If you have any questions about these Terms, please feel free to contact us.