Terms of Service

Rooks, a service of Formsort Inc. · Effective date: Sep 4, 2026

Welcome to Rooks (https://rooks.ai), a service operated by Formsort Inc. ("Formsort," "we," "us," or "our").

These Terms of Service ("Terms") are a binding contract between you ("you" or "Customer") and Formsort Inc. These Terms govern your access to, browsing, and use of the Rooks website and services, any content that we make available through the service, and any services that we provide (collectively, the "Services").

Please read these Terms carefully before using the Services. By accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Services.

Part I: General Terms

1. Changes to These Terms

We may revise and update these Terms from time to time. If we make material changes, we will provide notice by email to the address associated with your account and by notice within the Services at least [30] days before the changes take effect, and the changes will take effect on the date stated in the notice. Non-material changes take effect when posted.

2. Conflicting Agreements

If you have entered into a separate written agreement with Formsort Inc. for use of the Services (such as a Master Service Agreement or Enterprise Agreement), the terms of that agreement will govern to the extent they conflict with these Terms. In the absence of such a separate agreement, these Terms apply in full.

3. Privacy

We take the privacy of our users seriously. For our current Privacy Policy, please visit our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

Children's Privacy: The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 16. If you are a child under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at hello@rooks.ai.

4. Account Security

To access the Services, you may be required to sign up for an account and select a password and username or provide an email address. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. If you use the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" and "Customer" refer to that organization.

You may not:

• Select as your username a name that you don't have the right to use, or another person's name with the intent to impersonate that person
• Transfer your account to anyone else without our prior written permission
• Share your login credentials with any other person or entity

You must treat your login information as confidential. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

5. Prohibited Uses

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

• In any way that violates any applicable federal, state, local, or international law or regulation
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
• To transmit any advertising or promotional material, including "junk mail," "chain letters," "spam," or similar solicitations
• To impersonate or attempt to impersonate Formsort, a Formsort employee, another user, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Formsort or users of the Services

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services
• Use any robot, spider, or other automatic device to access the Services for any purpose not expressly authorized
• Use any device, software, or routine that interferes with the proper working of the Services
• Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious material
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services or any server, computer, or database connected to the Services
• Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas of the Services
• Attack the Services via a denial-of-service attack or distributed denial-of-service attack

6. Intellectual Property

Formsort reserves all rights to its trademarks, service marks, and logos. The contents of the Services are protected by copyright and intellectual property laws. Copyright © 2026 Formsort Inc. All rights reserved.

Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your internal business purposes during your subscription term. You may not copy or distribute any portion of the Services, except as necessary to use the Services as intended.

7. Links to Third-Party Sites

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links to third-party payment processors, which are subject to their own terms of service. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Part II: Service Terms

8. Payments, Renewals, and Cancellation

Payments: All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You shall be responsible for payment of all such taxes, levies, and duties. Any fees received are non-refundable.

We offer payments through third-party payment processors. By making payments to us, you indicate that you have reviewed and agree to the terms of service and privacy policy of the payment processor.

Automatic Renewal: Paid accounts are subscriptions. You will be billed in advance on a recurring, periodic basis. Your subscription will automatically renew at the end of each billing cycle until you cancel.

Downgrades: Downgrading your plan may cause the loss of features or capacity of your account. We do not accept any liability for such losses. Downgrading your subscription will not cause you to lose your forms or your data.

Cancellation: You may cancel your subscription at any time through your account settings or by contacting hello@rooks.ai. Upon cancellation:

• You will retain full access to your account through the end of your current billing cycle
• After your billing cycle ends, your forms will stop accepting new submissions
• You will have thirty (30) days of read-only access to export your forms and response data
• After this thirty (30) day period, your data will be permanently deleted

To delete your account and data immediately, submit a request to hello@rooks.ai.

Finance Charges: Unpaid fees are subject to a finance charge of one percent (1.0%) per month, or the maximum permitted by law, whichever is lower, plus all expenses of collection, including reasonable attorneys' fees.

9. Use of the Services

You accept and assume sole responsibility for your use of the Services.

Form Responses: As between Formsort and you, you own all rights to the forms you create and the data submitted through them ("Form Data"). You are solely responsible for ensuring that your collection and use of Form Data complies with all applicable laws and regulations.

Sensitive Data: You agree not to use the Services to collect, process, or transmit sensitive categories of information (such as protected health information under HIPAA, financial account information, or government identifiers) unless you have entered into a Business Associate Agreement (BAA) or other appropriate agreement with us.

Compliance: You represent and warrant that your use of the Services complies with all applicable laws and regulations, including but not limited to HIPAA, state privacy laws, and any industry-specific regulations applicable to your use case.

10. Artificial Intelligence (AI) Capabilities

Rooks offers features powered by artificial intelligence ("AI Features") to help you create, manage, and optimize forms. This includes the ability to upload source materials, such as PDFs, and have AI extract and structure form content, analyze form structure, and automate parts of the form-building experience. We may add, modify, or discontinue AI Features at any time.

Customer Materials: "Customer Materials" means the documents, files, prompts, and other content you submit to the AI Features. Customer Materials do not include Form Data (defined in Section 9). You retain all rights to your Customer Materials and grant us a non-exclusive, worldwide, royalty-free license to host, reproduce, process, and adapt them solely as necessary to provide, secure, and support the Services (including through the third-party providers described below) and to comply with applicable law. You represent and warrant that you have all rights necessary to upload Customer Materials and grant this license, and that your Customer Materials and your use of the AI Features do not infringe the rights of any third party or violate any applicable law.

Sensitive Information in Uploads: You agree not to include in Customer Materials any protected health information, personal information of form respondents, or other sensitive personal information, unless you have entered into a Business Associate Agreement or other written agreement with us that expressly covers such processing by the AI Features and their providers. Uploading a completed intake form containing patient information without such an agreement violates these Terms.

Outputs: "Outputs" means the form content, structures, and other results generated by the AI Features. Subject to these Terms, we assign to you our right, title, and interest, if any, in Outputs. Outputs may be inaccurate, incomplete, or similar to outputs generated for other customers, and may not be protectable under intellectual property law. You are solely responsible for reviewing and validating Outputs before deploying any form, including for compliance with HIPAA, privacy laws, and any professional or regulatory standards applicable to you. Outputs are not professional advice; the AI Features are a drafting aid, not a substitute for your own judgment.

AI Acceptable Use: In addition to Section 5, you agree not to use the AI Features to:

- Generate unlawful, deceptive, discriminatory, or harmful content

- Make decisions with legal or similarly significant effects on individuals (such as medical, insurance, credit, housing, or employment decisions) without human review

- Extract or reverse engineer the underlying models or system prompts, or circumvent safety measures or usage limits

- Develop or train any machine-learning model or competing product, whether using the AI Features or their Outputs

- Misrepresent Outputs as solely human-generated where misleading or where disclosure is required by law

We may suspend or limit access to the AI Features for violations of this Section or risk to the Services, other customers, or third parties. AI Providers and Data Handling: We use third-party AI model providers to support the AI Features. To provide and support the features, these providers may process prompts, uploaded source materials, form structure and metadata, account identifiers, agent outputs, and related technical information.

We do not provide Form Data – form responses or data submitted by patients or other form respondents – to AI model providers.

We also use third-party observability providers to monitor the reliability, quality, and safety of our AI features. This may include processing prompts, agent outputs, timestamps, error information, feature-usage data, and related technical metadata. Submitted form responses are not included in this monitoring.

We do not use your Customer Materials, prompts, or Outputs to train generalized AI models. Our AI providers and observability providers process this data solely to provide services to us, as described on our Subprocessor List.

Our current AI and observability providers are identified on our Subprocessor List. We may change providers from time to time; where an agreement between you and Formsort provides for notice of subprocessor changes, we will follow that agreement.

AI Disclaimer: WITHOUT LIMITING SECTION 15, THE AI FEATURES AND OUTPUTS ARE PROVIDED "AS-IS." FORMSORT DOES NOT WARRANT THAT OUTPUTS WILL BE ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR ANY PARTICULAR PURPOSE, OR THAT THE AI FEATURES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME SOLE RESPONSIBILITY FOR YOUR USE OF, AND RELIANCE ON, ANY OUTPUT.

Your use of the AI Features is subject to this Section, our Privacy Policy, and applicable law.

11. Data Storage and Retention

Rooks provides you with the ability to store and manage Form Data directly within our platform. By default, Form Data collected via your forms will be securely stored, allowing you to access, filter, download, and integrate data with external systems.

Termination: Upon termination of your account, you must download your data prior to termination. Following termination, we have no obligation to retain your data and may permanently delete it in accordance with our internal policies and procedures.

HIPAA Compliance: For Customers subject to HIPAA compliance obligations, we will retain necessary audit logs and compliance-related records for a minimum of six (6) years as required by HIPAA.

12. APIs, Service Providers, and Third-Party Services

The Services may depend on third-party infrastructure, hosting, authentication, analytics, observability, security, communications, payment, and artificial intelligence services. We may engage these providers to process Customer Data on our behalf as necessary to operate and support the Services. Our current providers are identified on our Subprocessor List.

The Services may also allow you to connect services, APIs, or integrations that you select or control ("Customer-Directed Third-Party Services"). You are responsible for obtaining any rights needed to use those services and for complying with their applicable terms. We are not responsible for the operation, availability, or security of Customer-Directed Third-Party Services.

13. Our Use of Your Data

Form Analytics and Metadata: We may collect and use aggregated, de-identified data about the structure and usage of forms created using the Services ("Form Analytics"), including but not limited to form configuration, completion rates, field drop-off, time to complete, component usage patterns, and technical performance, for the purposes of operating, improving, promoting, and marketing the Services. Such Form Analytics will not include any submitted form responses or identify you or any individual end user.

Analytics and Observability Tools: We use third-party analytics, session-replay, and observability providers to understand how account holders interact with the form builder, diagnose issues, and monitor the reliability and quality of the Services. These tools may capture builder activity, prompts, agent outputs, and related technical metadata. They do not record the sessions of patients or other individuals filling out forms, and submitted form responses are not captured by these tools.

Restrictions on Form Responses: We will not access, use, or analyze the content of submitted form responses for analytics, marketing, or product development purposes, except as necessary to provide the Services or with your prior written consent.

General Data Use: We will process your data only to perform our obligations under these Terms. We will not modify, sell, distribute, or otherwise disclose your data to any third party, except where you configure integrations with third-party providers or as otherwise described in these Terms and our Privacy Policy.

14. Confidentiality

Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose information relating to the Disclosing Party's technology or business ("Proprietary Information").

The Receiving Party agrees:

• Not to divulge to any third person any such Proprietary Information
• To give access to such Proprietary Information solely to those employees with a need to have access thereto for purposes of these Terms
• To take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no event less than reasonable precautions

The foregoing will not apply with respect to any information that the Receiving Party can document:

• Is or becomes generally available to the public without any action by the Receiving Party
• Was in its possession or known by it prior to receipt from the Disclosing Party
• Was rightfully disclosed to it without restriction by a third party
• Was independently developed without use of any Proprietary Information of the Disclosing Party

Part III: Disclaimers and Liability

15. Warranty Disclaimer

THE SERVICES AND ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS ARE PROVIDED "AS-IS," WITHOUT ANY WARRANTIES OF ANY KIND. FORMSORT (AND ITS AGENTS, AFFILIATES, LICENSORS, AND SUPPLIERS) HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FORMSORT DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

16. Limitation of Liability

IN NO EVENT WILL FORMSORT (OR ANY OF ITS AGENTS, AFFILIATES, LICENSORS, OR SUPPLIERS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF FORMSORT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THE TOTAL LIABILITY OF FORMSORT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF (i) TEN THOUSAND DOLLARS, OR (ii) THE FEES PAID TO FORMSORT HEREUNDER IN THE THREE MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED.

THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

17. Indemnification

You agree to indemnify, defend, and hold harmless Formsort, its parents, subsidiaries, and other affiliated companies (and the respective officers, directors, employees, or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account) use of the Services or violation of these Terms. This includes claims arising from your Customer Materials, your Form Data, or your use of Outputs (each as defined in these Terms).

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Part IV: General Provisions

18. Service Availability

We will undertake commercially reasonable efforts to make the Services available. Notwithstanding the foregoing, we reserve the right to suspend your access to the Services: (i) for scheduled or emergency maintenance, or (ii) in the event you are in breach of these Terms, including failure to pay any amounts due.

19. U.S. Government Matters

You may not provide to any person or export or re-export or allow the export or re-export of the Services or any software or anything related thereto in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to United States embargo, and that you are not on any U.S. government restricted party list.

20. Data Processing

Formsort processes personal information on your behalf as a service provider or processor under applicable U.S. state privacy laws, including the California Consumer Privacy Act ("CCPA"). We will not (a) retain, use, or disclose such personal information except as necessary to perform the Services under these Terms or as otherwise permitted by applicable law, (b) sell or share such personal information or process it for targeted advertising, or (c) combine it with personal information we process on behalf of other customers, except as permitted for service providers under applicable law. Formsort's Data Processing Addendum, available at https://rooks.ai/dpa, is incorporated into these Terms and applies to our processing of personal information on your behalf; for protected health information, the applicable Business Associate Agreement or other agreement between us controls.

21. Force Majeure

Neither party will be held responsible or incur any liability for any delay in or inability to perform any part of these Terms to the extent that such delay or inability results from causes beyond its control, including fire, flood, explosion, civil commotion, natural disasters, epidemic or pandemic, acts of government, war, labor dispute, or other similar situations.

22. Governing Law and Jurisdiction

These Terms will be governed by the laws of the State of New York, U.S.A. without regard to its conflict of laws provisions. The federal and state courts sitting in New York County, New York, U.S.A. will have proper and exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of these Terms.

23. Waiver and Severability

The failure of Formsort to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions of the parties as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.

24. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms to which you agree when using the Services, constitute the entire and exclusive statement of the agreement between you and Formsort regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

25. Assignment

These Terms are not assignable, transferable, or sublicensable by you except with our prior written consent. We may transfer and assign any of our rights and obligations under these Terms with written notice to you.

26. Electronic Communications

When you visit the Services or send emails to us, you are communicating with us electronically. We may respond to you by email or by posting notices on the Services. You agree that all such notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

27. Survival

All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, and limitations of liability.

Contact Information

Rooks is a service of Formsort Inc.