These Terms of Service (the "Terms") form a binding agreement between you and Evolon Studio Pvt Ltd ("Evolon Studio", "we", "us" or "our"), a private limited company incorporated in the Republic of Maldives (company registration number C42552026), whose registered office is at Sinaf, Dhoodigan, Gn. Fuvahmulah, Republic of Maldives. They govern your access to and use of Fomli, our online form-building service, including our websites, applications, APIs and related services (together, the "Service"). Fomli is a product of Evolon Studio.
Please read these Terms carefully. By creating an account, clicking to accept, or otherwise accessing or using the Service, you agree to be bound by these Terms, our Privacy Notice and our Refund Policy. Your continued use of the Service means you continue to accept these Terms. If you do not agree, do not use the Service.
If you use the Service on behalf of a company or other organisation, you confirm that you have authority to bind that organisation, and "you" refers to that organisation.
1. Definitions
- "Account" means the personal account you use to sign in to the Service.
- "Workspace" means a shared area of the Service, owned by one Account, in which forms, themes, responses and integrations are managed and to which other Accounts may be invited.
- "Customer Data" means all content and data submitted to the Service by you, your team members or your Respondents, including forms, questions, designs, uploaded files and responses.
- "Respondent" means any person who views or submits one of your forms.
- "Plan" means the free or paid subscription plan applying to a single Workspace, as described on our pricing page.
- "Paddle" means Paddle.com Market Limited and its affiliates, our authorised reseller and Merchant of Record.
2. Eligibility and your Account
2.1 You must be at least 18 years old and able to enter into a binding contract to use the Service.
2.2 You must provide accurate and complete information when you register and keep it up to date. The email address on an Account identifies that Account and cannot be changed after registration.
2.3 You are responsible for keeping your password, two-factor authentication codes, passkeys and any connected sign-in method (such as Sign in with Google) secure, and for all activity that occurs under your Account. Notify us immediately at contact@evolon.studio if you suspect any unauthorised access.
2.4 We may refuse registration, or require additional verification, where we reasonably suspect fraud, abuse or a breach of these Terms.
3. Workspaces and team members
3.1 The owner of a Workspace is responsible for it, including its Plan, billing, the people it invites and the roles it gives them. Owners, admins, members and viewers have the permissions described in the Service.
3.2 You are responsible for ensuring that everyone you invite to a Workspace complies with these Terms. Acts and omissions of your team members are treated as your own.
3.3 Ownership of a Workspace may only be transferred by its current owner through the Service. A Workspace's Plan and subscription stay with the Workspace when its ownership is transferred.
3.4 Each Workspace is billed separately. Every Workspace has its own Plan and, if paid, its own subscription. A Plan and its limits (for example, forms, responses and team members) apply only to the Workspace it was bought for. Buying, upgrading, downgrading or cancelling a Plan for one Workspace does not change any other Workspace, including other Workspaces owned by the same Account. Being invited to a Workspace on a paid Plan does not give your own Workspaces that Plan.
4. Plans, fees and payment
4.1 Merchant of Record. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service enquiries relating to payment and handles returns. When you purchase a paid Plan, you also enter into a contract with Paddle under Paddle's Checkout Buyer Terms, which govern the payment transaction.
4.2 Subscriptions. Paid Plans are sold per Workspace as subscriptions billed in advance, monthly or yearly, as selected at checkout. We do not offer free trials of paid Plans; the free Plan is available instead. Subscriptions renew automatically at the end of each billing period at the then-current price unless cancelled before the renewal date.
4.3 Prices and taxes. Prices are shown on our pricing page and at checkout. Paddle calculates, collects and remits any applicable sales tax, VAT or GST, which may be added to the price depending on your location.
4.4 Plan changes. If you upgrade, the new Plan applies immediately and Paddle charges a prorated amount for the rest of the current period. If you downgrade or cancel, your current Plan continues until the end of the period you have paid for, after which the new Plan applies.
4.5 Cancellation. You can cancel a subscription at any time from the Billing page in the Service or through Paddle. Cancellation stops future renewals; it does not by itself entitle you to a refund except as set out in our Refund Policy.
4.6 Failed payments. If a payment fails and is not resolved within the period notified by Paddle, we may downgrade the Workspace to the free Plan.
4.7 What a downgrade changes. When a Workspace moves to a Plan with fewer features, including the free Plan, its forms, the responses already stored and the designs already applied to its forms are kept. Features and limits of the new Plan apply to everything done from then on: for example, premium templates and the theme builder can no longer be applied, integrations the new Plan does not include stop delivering, new responses are only stored with us if the new Plan includes response storage, and forms over the new Plan's limits cannot be added. A form whose responses would have nowhere to go stops accepting responses until an integration included in the Plan (such as Google Sheets) is connected.
4.8 Price changes. We may change our prices. We will give you at least 30 days' notice of any increase to your subscription price, which will take effect from your next renewal after the notice period. If you do not agree, you may cancel before the change takes effect.
4.9 Refunds. Refunds are governed by our Refund Policy, which forms part of these Terms.
5. Plan limits and fair use
Each Plan includes the features and limits described on our pricing page, such as the number of forms, monthly responses, team members, file storage and whether responses are stored with us. Limits apply per Workspace. The Service enforces these limits automatically. When a Workspace reaches a limit, some actions (for example, accepting new responses) may be paused until the next period or until the Plan is upgraded. We may also act to prevent use that places an unreasonable load on the Service or degrades it for other customers.
6. Customer Data
6.1 Ownership. As between you and us, you retain all rights in your Customer Data. We claim no ownership of it.
6.2 Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display and otherwise process Customer Data only as necessary to provide, secure and support the Service in accordance with these Terms, your instructions given through the Service, and the law.
6.3 Your responsibilities. You are solely responsible for your Customer Data and for the forms you publish, including:
- having a lawful basis to collect and use every item of personal data you collect from Respondents, and giving Respondents any notices and obtaining any consents required by law;
- ensuring your forms and their content do not infringe anyone's rights or break any law;
- using the "sensitive answer" setting for confidential answers and not collecting special categories of personal data unless you are permitted by law to do so; and
- keeping your own copies of any Customer Data you need. The Service is not a backup service.
6.4 Prohibited data. You must not use the Service to collect full payment card numbers, card security codes, bank account passwords, or passwords or login credentials for any other service.
6.5 Storage and deletion. On Plans that include response storage, stored responses are kept until you delete them or close the Workspace. On Plans without it, and on forms where you turn storage off, answers are sent to your integrations and then deleted from our servers; only a record that a response was received remains. Responses you delete are kept in the Workspace trash for 30 days, during which they can be restored, and are then permanently erased. You can also erase a response permanently at once. Deleting a Workspace or closing your Account deletes the related Customer Data as described in our Privacy Notice.
7. Data protection
7.1 Roles. For personal data contained in Customer Data (including Respondents' personal data), you are the controller and we act as your processor. For personal data about you and your team members that we use to run our business (for example, account and billing data), we are the controller, as described in our Privacy Notice.
7.2 Processing terms. Where we act as your processor, we will:
- process the personal data only on your documented instructions, which are given by these Terms and by your configuration and use of the Service, unless the law requires otherwise (in which case we will tell you, unless the law prohibits it);
- ensure that people authorised to process the personal data are bound by confidentiality;
- implement appropriate technical and organisational measures to protect the personal data, including encryption in transit, encryption at rest of answers marked sensitive and of integration secrets, access controls and audit logging;
- engage sub-processors only under written terms that offer at least the same level of protection, remain responsible for them, and inform you of intended changes to our sub-processors so that you may object;
- assist you, taking into account the nature of the processing, in responding to requests from data subjects and in meeting your security, breach notification, impact assessment and consultation obligations;
- notify you without undue delay after becoming aware of a personal data breach affecting your Customer Data;
- at the end of the Service, delete the personal data (after allowing you to export it through the Service), unless the law requires us to keep it; and
- make available the information reasonably necessary to demonstrate compliance with these obligations.
7.3 International transfers. Where personal data is transferred outside the European Economic Area, the United Kingdom or Switzerland to a country without an adequacy decision, the transfer is subject to the European Commission's Standard Contractual Clauses (and the UK International Data Transfer Addendum, where relevant), which are incorporated into these Terms by reference where required.
8. Integrations and third-party services
The Service lets you send Customer Data to destinations you choose, such as Google Sheets, Microsoft Excel, Airtable, Notion, webhooks and other third-party services. Once Customer Data is delivered to a destination you configure, its handling is governed by your arrangements with that destination's provider, not by these Terms. We are not responsible for third-party services, their availability or their use of data. Your use of Google, Microsoft, Airtable or Notion services through the Service is also subject to that provider's terms. You can disconnect a connected account at any time from the Integrations page of a form; you can also revoke Fomli's access in the provider's own account settings.
9. Acceptable use
You must not, and must not allow anyone else to, use the Service to:
- break any applicable law or regulation, or encourage anyone else to do so;
- carry out phishing, collect login credentials, impersonate any person or organisation, or mislead Respondents about who is collecting their data or why;
- commit fraud, send spam or unsolicited communications, or run pyramid schemes or other deceptive schemes;
- upload, collect or distribute content that is unlawful, defamatory, obscene, hateful, harassing, violent or that exploits or endangers children;
- infringe any intellectual property, privacy or other rights of any person;
- upload or distribute malware or any harmful code;
- probe, scan or test the vulnerability of the Service, breach or circumvent any security or authentication measure, or interfere with or disrupt the Service or its infrastructure;
- access the Service by automated means (such as scraping or crawling) except through the features and interfaces we provide, or work around plan limits or technical restrictions; or
- resell, sublicense or provide the Service to third parties as a standalone product without our written agreement.
We may remove content and take any of the actions in section 13 where we reasonably believe this section has been breached. To report abuse of a form built with the Service, contact contact@evolon.studio.
10. Intellectual property
10.1 The Service, including its software, design, templates, themes provided by us, documentation, logos and trademarks, is owned by Evolon Studio Pvt Ltd or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.
10.2 Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service, including the design templates available to your Plan, during your subscription. Premium templates and features are available only while your Workspace is on a Plan that includes them; if the Plan ends, forms using them revert to the default design.
10.3 If you send us feedback or suggestions, we may use them without restriction or obligation to you.
11. Availability, support and changes
11.1 We work hard to keep the Service available and secure, but we do not guarantee that it will be uninterrupted, timely or error-free. Planned maintenance, emergencies, and events outside our reasonable control may cause interruptions.
11.2 We may modify, add or remove features of the Service from time to time. If we remove functionality that is material to a paid Plan, we will give you reasonable notice where practicable.
11.3 Support is provided by email at contact@evolon.studio.
12. Confidentiality
Each party will protect the other's non-public information that is marked or would reasonably be understood as confidential with at least reasonable care, use it only to perform under these Terms, and not disclose it except to people who need to know it and are bound by confidentiality, or where required by law. Customer Data is your confidential information.
13. Suspension and termination
13.1 By you. You may stop using the Service and close your Account at any time from your profile settings, after transferring or deleting any shared Workspaces you own.
13.2 By us. We may suspend or terminate your access to all or part of the Service, with notice where reasonably practicable, if:
- you materially breach these Terms, including section 9 (Acceptable use), and fail to cure the breach within 14 days of notice where the breach is capable of cure;
- payment for a paid Plan is not made;
- your use of the Service poses a security, fraud or legal risk to us, other customers, Respondents or third parties; or
- you repeatedly or seriously breach these Terms, or we are required to do so by law.
13.3 Effect. On termination your right to use the Service ends. We will delete Customer Data in accordance with section 6.5 and our Privacy Notice, except where we must retain it by law. Sections that by their nature should survive termination will survive, including sections 6.4, 7, 10, 12, 14, 15, 16 and 18.
14. Disclaimers
To the maximum extent permitted by law, the Service is provided "as is" and "as available". We disclaim all warranties and conditions, whether express, implied or statutory, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Nothing in these Terms excludes any warranty or right that cannot be excluded under applicable law.
15. Limitation of liability
15.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.
15.2 Subject to section 15.1, neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, business, goodwill or data, arising out of or in connection with these Terms, even if advised of the possibility.
15.3 Subject to section 15.1, our total aggregate liability arising out of or in connection with these Terms and the Service is limited to the greater of (a) the fees you paid for the Service in the 12 months before the event giving rise to the claim, and (b) one hundred United States dollars (USD 100).
16. Indemnity
If you use the Service for business purposes, you will defend and indemnify Evolon Studio Pvt Ltd against claims, damages, losses and expenses (including reasonable legal fees) brought by third parties arising out of your Customer Data, your forms, or your breach of these Terms or of applicable law.
17. Changes to these Terms
We may update these Terms from time to time. If a change is material, we will notify Account owners by email or in the Service at least 30 days before it takes effect, unless the change is required by law or relates to a new feature, in which case it may take effect sooner. If you do not agree with the change, you may stop using the Service and cancel your subscription before it takes effect. The effective date at the top of this page shows when these Terms were last changed.
18. Governing law and disputes
These Terms and any dispute arising out of or in connection with them are governed by the laws of the Republic of Maldives, and the courts of the Republic of Maldives have exclusive jurisdiction, except that we may seek urgent injunctive relief in any competent court. If you are a consumer, you also keep the protection of any mandatory provisions of the law of the country where you live and may bring proceedings in the courts of that country. Before starting proceedings, please contact us at contact@evolon.studio so that we can try to resolve the matter informally.
19. General
- Entire agreement. These Terms, together with the documents they refer to, are the entire agreement between you and us about the Service and replace any prior agreements on the same subject.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, acquisition or sale of all or part of our business, with notice to you.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
- Severability. If any provision is found invalid or unenforceable, the rest of these Terms remain in effect.
- No waiver. Failure to enforce a provision is not a waiver of our right to do so later.
- Notices. We may send notices to the email address of your Account or display them in the Service. You may send notices to us at contact@evolon.studio.
- Language. These Terms are written in English. Any translation is for convenience only.
20. Contact us
Evolon Studio Pvt Ltd (Evolon Studio)
Sinaf, Dhoodigan, Gn. Fuvahmulah
Republic of Maldives
Company registration number: C42552026
Phone: +960 9677417
Email: contact@evolon.studio
Website: evolon.studio