Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Spike ("Spike," "we," "us," or "our") governing your access to and use of the website spike.ac, the application at app.spike.ac, the API at api.spike.ac, and all related services, features, content, and applications (collectively, the "Service").

By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

Spike is a form backend service that provides form submission endpoints, email notifications, auto-responder functionality, webhook integrations, spam protection, redirect configuration, domain restrictions, and related features. The Service allows users to create form endpoints that receive data submitted via HTML forms or API requests, and to manage, view, and export that data through the Spike dashboard.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Account Registration and Security

To use certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Maintain the security and confidentiality of your login credentials and not share them with any third party.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete, or if we reasonably suspect unauthorized or fraudulent activity.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not use the Service to:

• Collect, store, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Collect personal information from individuals without their knowledge or consent, or in violation of applicable data protection laws.
• Send unsolicited commercial communications (spam) through the auto-responder or notification features.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service.
• Use the Service to distribute malware, viruses, or any other malicious code.
• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.
• Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Use the Service to collect or process sensitive personal data, including but not limited to Social Security numbers, financial account numbers, health information, or government-issued identification numbers, unless you have obtained all necessary consents and comply with all applicable laws.

5. Subscription Plans and Payment

5.1 Plans

The Service is offered under various subscription plans, including a free tier and paid tiers with different submission volume limits and feature sets. The features and pricing of each plan are described on our website and may be updated from time to time.

5.2 Payment

For paid plans, you agree to pay all fees associated with your selected plan. Fees are billed in advance on a monthly basis. All payments are processed through our third-party payment processor. You authorize us to charge your designated payment method for all fees incurred.

5.3 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes, levies, or duties, excluding taxes based on our net income.

5.4 Refunds

Fees are non-refundable except as expressly set forth in these Terms or as required by applicable law. If you cancel your subscription, you will continue to have access to the paid features until the end of your current billing period.

5.5 Overages

If you exceed the submission volume limit of your plan, we may throttle or temporarily suspend form submissions until the next billing cycle or until you upgrade to a higher plan. We will make reasonable efforts to notify you before taking such action.

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including all content, features, functionality, software, code, designs, text, graphics, logos, icons, images, and the selection and arrangement thereof, is owned by Spike or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms do not grant you any right, title, or interest in the Service except for the limited license granted in Section 6.3.

6.2 Your Content

You retain all rights to the data and content you submit to or through the Service ("Your Content"). By using the Service, you grant Spike a worldwide, non-exclusive, royalty-free license to use, process, store, and transmit Your Content solely as necessary to provide the Service to you and as described in our Privacy Policy.

6.3 License to Use the Service

Subject to your compliance with these Terms, Spike grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business or personal purposes.

7. Data Processing and Privacy

Our collection and use of personal information in connection with the Service is described in our Privacy Policy. You acknowledge and agree that:

• You are the data controller for all form submission data collected through your Spike endpoints, and Spike acts as a data processor on your behalf.
• You are responsible for ensuring that your collection and use of form submission data complies with all applicable data protection laws, including obtaining any necessary consents from end users who submit data through your forms.
• You will provide appropriate privacy notices to end users whose data is collected through your forms, informing them of how their data will be processed.
• You will not use the Service to collect sensitive personal data without appropriate legal basis and safeguards.

8. Spam Protection and Content Filtering

The Service includes automated spam protection features that may filter or reject form submissions identified as spam. While we strive to accurately identify spam, we do not guarantee that all spam will be caught or that legitimate submissions will never be incorrectly flagged. You acknowledge that Spike shall not be liable for any submissions that are incorrectly filtered or rejected by our spam protection systems.

9. Service Level and Availability

We use commercially reasonable efforts to make the Service available with minimal downtime. However, the Service is provided on an "as available" basis, and we do not guarantee uninterrupted or error-free operation. We may perform scheduled maintenance that temporarily affects availability, and we will make reasonable efforts to provide advance notice of planned maintenance.

We shall not be liable for any unavailability or performance issues caused by factors outside our reasonable control, including but not limited to internet connectivity issues, third-party service failures, force majeure events, or distributed denial-of-service attacks.

10. Termination

10.1 Termination by You

You may terminate your account at any time by using the account deletion feature in the dashboard or by contacting us at support@spike.ac. Upon termination, your right to use the Service will immediately cease.

10.2 Termination by Us

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice, including but not limited to if we reasonably believe that you have violated these Terms, engaged in fraudulent or illegal activity, or if your account has been inactive for an extended period.

10.3 Effect of Termination

Upon termination, all licenses and rights granted to you under these Terms will immediately cease. We may delete your account data within thirty (30) days of termination, unless we are required to retain it for legal purposes. Sections 6, 11, 12, 13, 14, and 15 shall survive termination.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SPIKE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ASSUME ALL RISK FOR YOUR USE OF THE SERVICE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPIKE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF SPIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF SPIKE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO SPIKE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).

13. Indemnification

You agree to indemnify, defend, and hold harmless Spike and its officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Service; (b) Your Content or any data collected through your form endpoints; (c) your violation of these Terms; (d) your violation of any rights of a third party, including any intellectual property, privacy, or data protection rights; or (e) any claim that Your Content or your use of the Service caused damage to a third party.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Spike is incorporated, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration in accordance with the rules of a recognized arbitration institution. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Spike regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter hereof.

15.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

The failure of Spike to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. Spike may assign these Terms without restriction.

15.5 Notices

We may provide notices to you via email to the address associated with your account or by posting on the Service. You may provide notices to us at support@spike.ac.

15.6 Force Majeure

Spike shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, or failures of third-party services or infrastructure.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page and updating the "Last updated" date. For material changes, we may also send you an email notification. Your continued use of the Service after any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

17. Contact Us

If you have any questions about these Terms, please contact us at:

Spike
Email: support@spike.ac
Website: spike.ac