Terms of Service

By accessing or using the website at https://prodactive-software.com or any products and services provided by Prodactive Software ("we," "us," or "our"), including but not limited to the Item to Form application for monday.com, you agree to be bound by these Terms of Service ("Terms").

If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you must not access or use our services.

Our applications are distributed through the monday.com marketplace and are also subject to the monday.com Developer Terms and monday.com Marketplace Listing Terms.

Prodactive Software develops and provides software products designed to enhance productivity and streamline workflows. Our current offerings include:

• Item to Form: A monday.com marketplace application that transforms monday.com board items into customizable, shareable web forms. Form submissions are automatically processed and synced back to your monday.com boards.

We may modify, update, or discontinue any part of our services at any time. We will make reasonable efforts to notify you of significant changes that may affect your use of the service.

By installing and using our applications, you acknowledge that we may contact you in the future regarding:

• Service-related communications: Important notices about your account, service updates, security alerts, maintenance schedules, and changes to our terms or policies. These communications are necessary for the operation of the service and cannot be opted out of while you remain an active user.
• Product updates: Information about new features, improvements, and product announcements relevant to the applications you have installed. You may opt out of these communications at any time.

We will never sell your contact information to third parties or send you unsolicited marketing for unrelated products. All communications will be sent to the email address associated with your monday.com account.

Access to our products is provided through the monday.com marketplace. By installing and authorizing our applications, you:

• Grant us the necessary permissions to access your monday.com account data as required for the application to function, in accordance with monday.com's OAuth authorization process.
• Acknowledge that your use of monday.com is subject to monday.com's own terms of service and privacy policy.
• Are responsible for maintaining the security of your monday.com account credentials and for all activities that occur under your account.
• Must have a valid monday.com subscription that supports marketplace applications.

You agree to notify us promptly of any unauthorized use of your account or any other security breach related to our services.

You agree not to use our services to:

• Violate any applicable laws, regulations, or third-party rights.
• Transmit any material that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable.
• Collect personal information from form respondents without their knowledge or appropriate legal basis.
• Attempt to gain unauthorized access to our systems, other users' accounts, or monday.com resources beyond what is authorized.
• Interfere with or disrupt the integrity or performance of our services or their underlying infrastructure.
• Use automated means (bots, scrapers, etc.) to access our services in a manner that exceeds reasonable use or circumvents rate limits.
• Reverse engineer, decompile, or disassemble any part of our software.
• Use our services to send spam, phishing, or other unsolicited communications through generated forms.

We reserve the right to suspend or terminate access to our services for any user who violates this Acceptable Use Policy.

All intellectual property rights in our services, including but not limited to software, designs, text, graphics, logos, and trademarks, are owned by Prodactive Software or our licensors. These Terms do not grant you any rights to use our intellectual property except as expressly permitted for the use of our services.

You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of our software, unless applicable law permits such activity or you have our written permission.

You retain all ownership rights to the data you process through our services, including your monday.com board data and form submissions. By using our services, you grant us a limited, non-exclusive license to access, process, and transmit your data solely as necessary to provide the requested functionality.

You are responsible for:

• Ensuring that you have the legal right to collect and process any data gathered through forms created with our services.
• Providing appropriate privacy notices to individuals who submit data through your forms.
• Complying with all applicable data protection laws, including GDPR and CCPA, in relation to data collected through your forms.
• Maintaining backups of your important data, as we are not responsible for data loss.

Our handling of your data is further described in our Privacy Policy.

Our products integrate with and depend on third-party platforms, primarily monday.com. You acknowledge that:

• Our services require an active monday.com account and are subject to the availability and functionality of the monday.com platform.
• We are not responsible for any changes, outages, or limitations imposed by monday.com that may affect the functionality of our products.
• Your use of monday.com is governed by their terms of service, and we are not liable for any actions or omissions by monday.com.
• If you choose to enable email or SMS notification features, your recipient data (email addresses, phone numbers, and message content) will be processed by SendGrid (by Twilio) to deliver those notifications. This data is only shared with SendGrid when you explicitly activate notification features. We are not responsible for delivery failures, delays, or errors caused by SendGrid or the recipient's email or mobile provider.
• Other third-party services used in our infrastructure (hosting, analytics, CDN) are governed by their respective terms and privacy policies.

Certain features of our services may require a paid subscription. If you purchase a subscription:

• Payment is processed through the monday.com marketplace billing system or other payment processors as specified at the time of purchase.
• Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
• Prices are subject to change with reasonable notice. Changes will apply at the start of the next billing period following notice.
• Refunds are handled in accordance with the refund policy of the applicable payment platform (e.g., monday.com marketplace).

For details on current pricing and available plans, please visit our pricing page.

Our services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Warranties that our services, platform, or any part thereof will be available, uninterrupted, timely, error-free, secure, or free of viruses or other harmful components.
• Warranties regarding the accuracy, reliability, completeness, or correctness of any content, data, or results generated, processed, or displayed through our services.
• Warranties that form submissions will be successfully delivered, processed, or recorded — whether by our platform or by monday.com — or that data will be accurately mapped between forms and monday.com board columns.
• Warranties regarding the availability, performance, uptime, or continued operation of our platform, the monday.com platform, or any third-party service on which our services depend.
• Warranties that our services will be compatible with your specific monday.com board configurations, workflows, automations, or integrations.

We make no commitment and provide no guarantee regarding the reliability or availability of our services. We do not warrant that our services will meet your specific requirements, that any defects or errors will be corrected, or that the results obtained from using our services will be accurate, reliable, or suitable for any particular purpose. You acknowledge and agree that you use our services entirely at your own risk.

To the maximum extent permitted by applicable law, Prodactive Software, its officers, directors, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages whatsoever, including but not limited to:

• Loss of profits, revenue, data, goodwill, or business opportunities.
• Damages arising from the inability to use our services, any interruption, suspension, or termination of service, or any downtime whether planned or unplanned.
• Loss, corruption, or inaccuracy of data, including form submission data that fails to be delivered to or correctly recorded in monday.com.
• Damages resulting from unauthorized access to or alteration of your data or transmissions.
• Damages arising from any changes, limitations, or outages of the monday.com platform or API that affect the functionality of our application.
• Damages arising from errors in data mapping between form fields and monday.com board columns, or from incorrect, incomplete, or duplicate item creation in your boards.
• Damages arising from any third-party conduct, content, products, or services accessed through or in connection with our services.
• Any other damages arising out of or related to your use of, or inability to use, our services, regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

You expressly understand and agree that your use of our services is at your sole risk. Prodactive Software shall not be liable to you or any third party for any damages resulting from your use of the application, including any decisions made or actions taken in reliance on data processed through our services.

In no event shall our total aggregate liability for all claims related to the services exceed the lesser of (a) the amount you actually paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred US dollars ($100). This limitation applies regardless of whether the claim is based on warranty, contract, tort, or any other legal theory.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

You agree to indemnify, defend, and hold harmless Prodactive Software and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your use of or access to our services.
• Your violation of these Terms.
• Your violation of any applicable law or regulation, including data protection laws.
• Data collected through forms you create using our services.
• Your infringement of any third-party intellectual property or other rights.

Either party may terminate these Terms at any time:

• By you: You may stop using our services and uninstall our applications from your monday.com account at any time.
• By us: We may suspend or terminate your access to our services immediately, without prior notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or illegal activity, or if required by law.

Upon termination, your right to use our services will immediately cease. In accordance with monday.com's marketplace requirements, when you uninstall, deauthorize, or otherwise terminate our application, we will permanently delete all end-user data and metadata collected by the application within 10 days. For more details, see our Privacy Policy.

Sections of these Terms that by their nature should survive termination will continue in effect, including but not limited to Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or your use of our services shall first be attempted to be resolved through good-faith negotiation. If a dispute cannot be resolved through negotiation within 30 days, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration conducted in Delaware, United States.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction.

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and provide notice through our services or other appropriate means.

Your continued use of our services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you should discontinue use of our services.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms will remain in full force and effect.