Terms of Service

Effective Date: May 10, 2026
Last Updated: May 10, 2026

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of SmartForms, a web-based form builder service provided by QuantumFlex AI Inc. ("we," "our," or "us"), a corporation incorporated under the Canada Business Corporations Act, with its registered office at 461036 RGE RD 241, Wetaskiwin, AB T9A 1X1, Canada.

By accessing or using SmartForms, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use SmartForms.

If you are using SmartForms on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" refers to that organization.

2. Description of Service

SmartForms is a web-based form builder application that allows you to:

Create digital forms with various field types
Share forms via unique links
Collect and manage form submissions
Export forms as standalone HTML files
Export submission data as CSV or JSON files
Apply custom branding (Pro plan)

We reserve the right to modify, suspend, or discontinue any feature or the entire service at any time. Where reasonably practicable, we will provide 30 days' notice of material changes that reduce core functionality.

3. Account Registration

To use SmartForms, you must:

Be at least 18 years of age
Provide accurate, current, and complete registration information
Maintain the confidentiality and security of your account credentials
Promptly notify us of any suspected unauthorized access at support@quantumflexai.com
Accept responsibility for all activities that occur under your account

You may not create more than one account per person without our express written permission. We reserve the right to suspend or terminate accounts that violate these Terms, contain inaccurate information, or for other legitimate reasons with reasonable notice where practicable.

4. Subscription and Payment

4.1 Plans

SmartForms offers a Free plan and a Pro plan. Current plans, features, and pricing are available at smartforms.quantumflexai.com/#pricing. All pricing is displayed in the currency shown at checkout.

4.2 Billing

Pro subscriptions are billed monthly in advance.
Payment is processed by Stripe. By providing payment information, you authorize Stripe to charge your selected payment method on the applicable billing cycle.
We do not store full credit card numbers. Payment data is handled by Stripe under their PCI DSS-compliant systems.
We may change pricing with 30 days' written notice. Price changes take effect at your next billing renewal.
Failed payments may result in service suspension. We will make reasonable efforts to notify you before suspension.

4.3 Refunds — 30-Day Money-Back Guarantee

We offer a 30-day money-back guarantee for Pro subscriptions. If you are not satisfied with your Pro subscription within 30 days of your initial payment, contact support@quantumflexai.com for a full refund. After the initial 30-day period, all subscription fees are non-refundable except as required by applicable law, including consumer protection legislation in your jurisdiction.

4.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support@quantumflexai.com. Cancellation takes effect at the end of your current billing period. You will retain full access to Pro features until then.

4.5 Taxes

Prices do not include applicable taxes (including GST/HST where applicable). You are responsible for any taxes applicable to your subscription in your jurisdiction.

5. Data Controller and Processor Roles

SmartForms is a tool you use to collect data from your end users through forms you create. The roles and responsibilities for this submission data are as follows:

You are the data controller for all data collected through forms you create using SmartForms. You decide what data is collected, how it is used, and the lawful basis for collection.
QuantumFlex AI Inc. is the data processor for that submission data. We store and process it on your behalf, solely to provide the SmartForms service to you.
You warrant that you have a lawful basis for collecting and processing the personal data submitted through your forms, including obtaining any consents required by applicable law.
You are responsible for providing your end users with appropriate privacy notices regarding your collection and use of their personal data.
You will not use SmartForms to collect personal data in violation of any applicable law, including data protection, anti-spam, and consumer protection legislation.

We will not use, sell, share, or analyse your form submission data for any purpose other than providing SmartForms to you, as further described in our Privacy Policy.

6. Acceptable Use

You agree not to use SmartForms to:

Violate any applicable laws, regulations, or the rights of third parties
Collect personal information without obtaining lawful basis and required consent from end users
Send spam, phishing messages, or other unsolicited commercial communications in violation of CASL or other applicable anti-spam laws
Distribute malware, viruses, or other harmful or malicious code through forms or exported HTML
Attempt to gain unauthorized access to our systems or other users' accounts
Interfere with, disrupt, or degrade the performance of SmartForms or its infrastructure
Reverse engineer, decompile, or attempt to extract source code from SmartForms
Use the service to harm, harass, stalk, or defraud any person
Resell, sublicense, or redistribute SmartForms without our express written authorization
Use automated scripts or bots to access the service in a manner that exceeds normal personal use
Upload or transmit content (including form fields, branding, or submissions) that is unlawful, defamatory, obscene, or otherwise objectionable

We reserve the right to investigate violations and take appropriate action, including account suspension or termination and referral to law enforcement where appropriate.

7. Third-Party Services

SmartForms relies on the following categories of third-party services:

Cloud hosting (Amazon Web Services)
Email delivery (Amazon SES)
DNS and DDoS protection (Cloudflare)
Payment processing (Stripe)
Bot prevention (Google reCAPTCHA v3)

You acknowledge that we are not responsible for third-party service availability, accuracy, or changes to their APIs. Disruption of these services may affect SmartForms availability.

8. Intellectual Property

8.1 Our Rights

SmartForms, including its design, features, software, code, documentation, and content, is owned by QuantumFlex AI Inc. and is protected by Canadian and international copyright, trademark, and other intellectual property laws. You receive a limited, non-exclusive, non-transferable, revocable licence to use SmartForms solely for its intended purpose in accordance with these Terms.

8.2 Your Content

You retain full ownership of forms you create and submission data you collect through SmartForms. By using our service, you grant QuantumFlex AI Inc. a limited licence to store, process, and transmit your content as strictly necessary to provide SmartForms to you.

We will not use your content for any purpose other than providing and improving SmartForms, and only in accordance with our Privacy Policy. We will not sell your content to third parties.

8.3 Feedback

If you provide suggestions, ideas, or feedback about SmartForms, you grant us a non-exclusive, royalty-free, perpetual licence to use that feedback without obligation to you. Feedback does not constitute personal information under our Privacy Policy.

8.4 Exported Forms and Branding

When you export a form as standalone HTML, the resulting file is yours to host and use within the bounds of your subscription tier. Free-tier exports retain QuantumFlex SmartForms branding. Pro-tier exports allow full custom branding. You may not remove or alter copyright notices or watermarking that identifies the SmartForms platform.

9. Privacy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, disclose, and protect your personal information. By using SmartForms, you consent to our data practices as described in the Privacy Policy.

In the event of a conflict between these Terms and the Privacy Policy with respect to data handling, the Privacy Policy governs.

10. Communications

By creating a SmartForms account, you consent to receive transactional communications from us, including account notifications, security alerts, billing receipts, and service updates. These communications are required for the operation of your account and cannot be opted out of while your account is active.

We may also send you marketing communications (product updates, newsletters) with your consent as required by Canada's Anti-Spam Legislation (CASL). You may unsubscribe from marketing communications at any time by clicking "Unsubscribe" in any marketing email or updating your preferences in account settings.

11. Force Majeure

QuantumFlex AI Inc. shall not be liable for any delay or failure in performance of the service resulting from causes beyond our reasonable control, including but not limited to: internet or telecommunications outages, failures or unavailability of third-party services (including AWS, Cloudflare, Stripe), denial-of-service attacks, acts of God, government actions, or other events outside our reasonable control.

We will use commercially reasonable efforts to restore service as quickly as possible following any such event and will communicate status updates through our website or by email.

12. Data Export and Account Termination

12.1 Your Right to Export Data

You may export your SmartForms data at any time through the export feature in your account settings. We support export in CSV and JSON formats for forms and submissions, and HTML for standalone form export.

12.2 Cancellation by You

If you cancel your SmartForms subscription or delete your account, you will have 30 days from the cancellation effective date to export your data before it is deleted. We will send a reminder email before deletion occurs.

12.3 Termination by Us

We may terminate or suspend your access to SmartForms with reasonable notice for:

Non-payment of subscription fees
Material or repeated violation of these Terms
Fraudulent, abusive, or illegal activity
Circumstances that we reasonably believe create legal or security risk

In cases of termination for cause involving serious legal or security concerns, we may suspend access immediately without prior notice. In such cases, we will provide 7 days for you to export your data unless legally prohibited.

Upon termination, your right to use SmartForms ceases. We will delete your data in accordance with our Privacy Policy. Outstanding fees remain due and payable.

13. Disclaimer of Warranties

SmartForms is provided "as is" and "as available" without warranties of any kind, either express or implied, to the maximum extent permitted by applicable law. This includes, without limitation:

Implied warranties of merchantability and fitness for a particular purpose
Warranties of non-infringement
Warranties of uninterrupted or error-free operation
Warranties as to the accuracy, reliability, or completeness of any content

Some jurisdictions do not permit the exclusion of certain implied warranties, so some or all of the above exclusions may not apply to you.

14. Limitation of Liability

To the maximum extent permitted by applicable law, QuantumFlex AI Inc. and its officers, directors, employees, and agents shall not be liable for:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, goodwill, or other intangible losses
Damages resulting from unauthorized access to or alteration of your account or data
Damages resulting from unavailability or failures of third-party services (AWS, Cloudflare, Stripe, etc.)
Any damages exceeding the total amount you paid us in the 12 months immediately preceding the event giving rise to the claim

Some jurisdictions do not allow the limitation of liability for certain types of damages. In those jurisdictions, our liability will be limited to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless QuantumFlex AI Inc. and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

Your use of SmartForms in violation of these Terms
Your violation of any applicable law or the rights of any third party
Content you submit, transmit, or make available through SmartForms (including form definitions, submitted data, and exported HTML)
Your failure to obtain legally required consent for personal information collected through forms you create
Disputes between you and your end users regarding the data you collect

We reserve the right to assume exclusive defence of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defence of such claims.

16. Dispute Resolution

We prefer to resolve disputes amicably. If you have a concern about SmartForms, please contact us at legal@quantumflexai.com first. Most concerns can be resolved quickly this way.

16.1 Informal Resolution

Before initiating any formal proceedings, you agree to contact us in writing at legal@quantumflexai.com and allow 30 days for us to attempt informal resolution of the dispute.

16.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

16.3 Jurisdiction

Subject to any consumer protection rights you may have under applicable law, you agree that any dispute arising from or relating to these Terms or SmartForms shall be subject to the exclusive jurisdiction of the courts of the Province of Alberta, Canada. You consent to personal jurisdiction in those courts.

            Consumer protection note: Nothing in this section limits any rights you may have under Alberta's Consumer Protection Act or other applicable consumer protection legislation. Such rights take precedence over these jurisdictional terms to the extent required by law.
        

17. Changes to These Terms

We may modify these Terms at any time. We will provide notice of material changes by:

Posting the updated Terms on our website with a new "Last updated" date
Sending an email notification to registered users at least 14 days before the changes take effect

Your continued use of SmartForms after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using SmartForms before the effective date. You may cancel your subscription without penalty within 30 days of receiving notice of material changes that materially reduce your rights.

18. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and QuantumFlex AI Inc. regarding SmartForms and supersede all prior agreements.
Severability: If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
Waiver: Failure by either party to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
Assignment: You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms to a successor entity in connection with a merger, acquisition, or sale of substantially all of our assets, with notice to you.
Language: These Terms are written in English. If translated, the English version governs in case of any conflict.
Relationship: These Terms do not create any partnership, joint venture, employment, or agency relationship between you and QuantumFlex AI Inc.

19. Contact Us

For questions or concerns about these Terms:

QuantumFlex AI Inc.
Legal: legal@quantumflexai.com
Support: support@quantumflexai.com
Website: https://smartforms.quantumflexai.com
Mail: 461036 RGE RD 241, Wetaskiwin, AB T9A 1X1, Canada