Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") govern access to and use of the Graded Forms service (the "Service"), operated by Graded Forms ("we," "us," "our"). By creating an account or using the Service, you agree to these Terms on behalf of yourself and, if applicable, the business you represent ("you," "Customer"). If you don't agree, don't use the Service.

2. What the Service does

Graded Forms is a business-to-business tool that helps website owners recover contact information from visitors who begin filling in a form but leave without submitting it. The Service includes an installable script, a dashboard for reviewing and exporting captured leads, configurable email and Slack alerts, and a separate, free audit tool that reports aggregate abandonment statistics without collecting any personal data.

3. Eligibility and accounts

The Service is intended for business use. You must be at least 18 years old and authorized to act on behalf of the business you're signing up, if any. Accounts are accessed via a one-time login link sent to your email address — there is no password. You're responsible for keeping access to that email address secure, and for all activity that happens under your account.

4. Your responsibilities as a Customer

When you install our capture script on your website, you become the data controller for the information it collects from your visitors, and we process it on your instructions as our Terms and Privacy Policy describe. You're responsible for:

• Having a lawful basis to capture and process your visitors' partial form submissions under the privacy laws that apply to you (for example, by covering this use in your own privacy notice, or obtaining consent where required).
• Using the Service, and the leads it captures, in compliance with applicable law, including marketing and anti-spam regulations when you contact captured leads.
• Not installing the capture script on a website you don't own or don't have authorization to modify.

We reserve the right to suspend or terminate accounts we reasonably believe are using the Service unlawfully, to capture data from a site they don't control, or in a way that abuses or degrades the Service for others.

5. Plans, billing, and free trials

The Service is offered on paid subscription plans (currently Starter and Growth), each with its own site and monthly-capture limits, billed monthly in advance through Stripe. New subscriptions include a 30-day free trial; your payment method is charged automatically when the trial ends unless you cancel before then. You can cancel or change plans at any time from the billing section of your dashboard, which takes effect at the end of your current billing period. Fees already charged are non-refundable except where required by law.

If you exceed your plan's monthly capture limit, we will never drop or fail to capture a lead — you'll simply see a notice in your dashboard and the option to upgrade. We may change our pricing with reasonable advance notice to active Customers.

6. Acceptable use

You agree not to:

• Use the Service to collect data from anyone in a manner that violates applicable law.
• Attempt to disrupt, reverse engineer, or gain unauthorized access to the Service or its infrastructure.
• Resell or white-label the Service without our prior written agreement.
• Use the Service to send unsolicited bulk communications to captured leads in violation of applicable anti-spam law.

7. Data ownership and deletion

As between you and us, you own the leads and other data captured through your use of the Service. You can export your data as a CSV at any time from your dashboard. If you delete your account, your sites and all captured leads are permanently deleted immediately — this cannot be undone, and we cannot recover deleted data afterward.

8. Intellectual property

We and our licensors own all right, title, and interest in the Service, including its software, scripts, design, and branding. These Terms don't grant you any rights to our intellectual property beyond what's needed to use the Service as intended.

9. Service availability and changes

We aim to keep the Service reliably available but don't guarantee uninterrupted access, and we may modify, suspend, or discontinue features of the Service from time to time. We'll make reasonable efforts to notify active Customers of material changes that affect them.

10. Disclaimers and limitation of liability

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, to the fullest extent permitted by law. We are not liable for indirect, incidental, or consequential damages, or for lost profits or data, arising from your use of the Service. Our total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the claim arose. Nothing in these Terms limits liability that cannot be limited under applicable law.

11. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you materially breach these Terms, including the acceptable use restrictions in Section 6, and the breach isn't cured within a reasonable time after notice, where cure is possible.

12. Governing law

These Terms are governed by Dutch law, without regard to its conflict-of-law principles. Any disputes will be subject to the exclusive jurisdiction of the courts of the Netherlands, except where applicable consumer or data protection law requires otherwise.

13. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we'll update the "Last updated" date above and, where appropriate, notify active Customers directly. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

14. Contact us

Questions about these Terms can be sent through our contact page.