DRAFT — REQUIRES LICENSED ATTORNEY REVIEW BEFORE USE Prepared by D&M Business Solutions HR/Legal. Not legally final. See
README.mdfor open items.
Effective Date: [EFFECTIVE DATE TBD] Last Updated: [EFFECTIVE DATE TBD]
By creating an account, clicking "I Agree," completing the OAuth authorization flow, or otherwise accessing or using FormPics ("Service"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity, in which case "you" refers to that entity.
If you do not agree to these Terms, do not use the Service.
These Terms constitute a binding agreement between you and D&M Business Solutions, LLC, a Texas limited liability company ("D&M," "we," "us," or "our").
FormPics is an independent application that automates the movement of photos submitted via Smartsheet forms into designated picture columns on the corresponding Smartsheet row. This enables photos to appear in Smartsheet Reports and in Document Builder PDFs.
FormPics operates alongside Smartsheet — it is not a substitute for, and does not include or bundle, a Smartsheet subscription.
Customer must independently maintain an active, paid Smartsheet subscription to use FormPics. FormPics connects to your existing Smartsheet account via OAuth 2.0. D&M Business Solutions, LLC does not provide, resell, or sublicense access to the Smartsheet platform. If your Smartsheet subscription lapses or is terminated, FormPics will be unable to operate.
Smartsheet® and related logos, marks, and platform are the property of Smartsheet Inc. FormPics is an independent application and is not endorsed by, affiliated with, or sponsored by Smartsheet Inc.
Smartsheet Inc. has no obligation to support, maintain, troubleshoot, fix, or update FormPics. All support for FormPics is the sole responsibility of D&M Business Solutions, LLC.
For issues with the Smartsheet platform itself, contact Smartsheet directly. To report abuse of the Smartsheet platform, visit: https://www.smartsheet.com/abuse
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that:
The Service is not directed at or intended for use by minors. If we learn that a user is under 18, we will terminate that account.
You must provide accurate, current, and complete information when creating an account. You agree to keep your account information updated.
You are responsible for maintaining the confidentiality of your account credentials. You agree to:
We are not liable for any loss or damage arising from unauthorized access to your account resulting from your failure to keep credentials secure.
FormPics accesses your Smartsheet account through Smartsheet's OAuth 2.0 flow. You control what access you grant. You may revoke FormPics' access at any time through your Smartsheet account settings. Revoking access will disable FormPics functionality for your account.
You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
We reserve the right to investigate and take appropriate action against any violation of this section, including suspending or terminating your account.
FormPics is offered on a subscription basis. Pricing and plan details are presented at signup and may be updated from time to time. All fees are stated in US dollars unless otherwise noted.
All payments are processed through Stripe. By providing payment information, you authorize us to charge your payment method on a recurring basis for the applicable subscription fees. We do not store your credit card number or full payment card data — that information is handled directly by Stripe under their own security and compliance standards.
Subscriptions are billed monthly (or annually, if an annual plan is selected) beginning on the date you subscribe. Your subscription renews automatically at the end of each billing period unless you cancel.
If you receive access to a free trial, your trial will last for the period specified at signup. After the trial ends, you will be charged at the applicable subscription rate unless you cancel before the trial expires. We reserve the right to modify or discontinue free trial offers at any time.
You may cancel your subscription at any time through your account settings or by contacting us at support@formpics.com. Cancellation takes effect at the end of the current billing period. You will retain access to the Service through the end of the paid period.
Attorney review needed: Finalize refund policy — consider whether partial-period refunds or pro-rata credits should be offered, and whether jurisdiction-specific consumer protection laws (e.g., Australian Consumer Law) require any statutory refund rights.
Subscription fees are generally non-refundable except as required by applicable law. If you believe a charge was made in error, contact us at billing@formpics.com within 30 days of the charge.
We may change subscription fees upon reasonable notice. We will notify you by email or through the Service at least 30 days before any price change takes effect. Continued use after the price change takes effect constitutes your acceptance of the new price.
You are responsible for all applicable taxes on your subscription fees. We may add applicable taxes to your invoice as required by law.
The Service, including its software, code, user interface, design, documentation, trademarks, and branding (excluding Smartsheet marks), is the exclusive property of D&M Business Solutions, LLC or its licensors. Nothing in these Terms grants you any ownership interest in the Service.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with these Terms.
You retain all ownership rights in the data, photos, and content you process through FormPics ("Customer Data"). You grant us a limited, non-exclusive license to access, process, and store your Customer Data solely to the extent necessary to provide the Service to you.
We do not claim any ownership over your Customer Data.
If you provide suggestions, feedback, or ideas about the Service, you grant us a royalty-free, worldwide, perpetual license to use such feedback for any purpose without obligation to you.
Smartsheet® and related logos, marks, and platform are the property of Smartsheet Inc. Any use of Smartsheet marks within FormPics is solely for the purpose of describing the interoperability of our Service with the Smartsheet platform and does not imply any endorsement by, affiliation with, or sponsorship by Smartsheet Inc.
Our collection and use of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, D&M BUSINESS SOLUTIONS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
Attorney review needed: Assess whether Australian Consumer Law (ACL) statutory guarantees (Competition and Consumer Act 2010, Schedule 2) require any modifications to warranty disclaimers for Australian business customers. ACL implies certain non-excludable guarantees for services supplied in trade or commerce; consult Australian counsel.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL D&M BUSINESS SOLUTIONS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR:
EVEN IF D&M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
D&M'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO D&M IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Attorney review needed: Liability cap enforceability for Australian customers under ACL. Australian consumer guarantees may limit the extent to which liability can be excluded or capped. Australian counsel should assess appropriate carve-outs.
You agree to defend, indemnify, and hold harmless D&M Business Solutions, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
The Service integrates with third-party services including Smartsheet (required), Stripe (payment processing), Vercel (hosting), Neon (database), and Resend (email, if applicable). Your use of those third-party services is governed by their respective terms of service and privacy policies. We are not responsible for the acts or omissions of any third-party service provider.
You may terminate your account at any time by canceling your subscription and requesting account deletion at support@formpics.com.
We may suspend or terminate your account immediately, with or without notice, if:
Upon termination, your right to use the Service ceases immediately. We will delete or anonymize your Customer Data within a reasonable period following account termination, subject to our legal obligations to retain certain records. Sections 7 (IP), 9 (Disclaimers), 10 (Liability), 11 (Indemnification), and 14 (Governing Law) survive termination.
Attorney review needed: Confirm Texas governing law is appropriate and enforceable against Australian business customers. Australian Consumer Law may provide mandatory protections that override a foreign choice-of-law clause. Australian counsel should advise whether a separate governing law clause is needed in an AU-specific addendum.
These Terms are governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the place of arbitration in Dallas, Texas. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.
CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the dispute between you and D&M individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with another; no class arbitration or class action shall be permitted.
We may update these Terms from time to time. When we do, we will revise the "Last Updated" date at the top of this page and notify you by email (to the address associated with your account) or by a prominent notice within the Service, at least 14 days before changes take effect for material changes. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
These Terms, together with the Privacy Policy and any order forms or subscription agreements, constitute the entire agreement between you and D&M Business Solutions, LLC regarding the Service and supersede all prior agreements and understandings.
D&M Business Solutions, LLC [D&M Business Solutions, LLC mailing address] Email: support@formpics.com Billing: billing@formpics.com
To report abuse of the Smartsheet platform: https://www.smartsheet.com/abuse
FormPics is an independent application. Smartsheet® is a registered trademark of Smartsheet Inc. FormPics is not affiliated with, endorsed by, or sponsored by Smartsheet Inc.