DevOps
for Robots.

Formant, Inc. (“Company”, “we”, “us”, or “our”) is committed to protecting your privacy. We have prepared this policy (the “Privacy Policy”) to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website located at located at www.formant.io (the “Site”), our proprietary software-as-a-service platform for robotics infrastructure and analytics, and any associated websites and subdomains, networks, and services (collectively, for purposes of this Privacy Policy, the “Service”).

1. Questions; Contacting Company; Reporting Violations. If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address:
   Formant, Inc.
   1999 Bryant Street
   San Francisco, California 94110
2. User Consent. By submitting Personal Data through our Service, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use, and disclosure of your Personal Data in accordance with this Privacy Policy.
3. A Note About Children. We do not intentionally gather Personal Data from visitors who are under the age of 18. If a child under 18 submits Personal Data to Company and we learn that the Personal Data is the information of a child under 18, we will attempt to delete the information as soon as possible. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us using the details in Section 1 above. We will delete such information from our files as soon as reasonably possible.
4. A Note to Users Outside of the United States. If you are a non-U.S. user of the Service, by visiting the Service and providing us with data, you acknowledge and agree that your Personal Data may be processed for the purposes identified in the Privacy Policy. In addition, your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country. By providing your data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
5. Purposes of Processing.

   What is Personal Data?

   We collect information about you in a range of forms, including Personal Data. As used in this Privacy Policy, “Personal Data” means any information which, either alone or in combination with other information we hold about you, identifies you as an individual, including, for example, your name, postal address, email address and telephone number.

   Why do we need your Personal Data?

   We will only process your Personal Data in accordance with applicable data protection and privacy laws. We need certain Personal Data in order to provide you with access to the Service. If you created a profile/registered with us, you will have been asked to check a tick box indicating your agreement to this Privacy Policy in order to access and use our Service or view our content. This consent provides us with the legal basis we require under applicable law to process your Personal Data. You maintain the right to withdraw such consent at any time. If you do not agree to our use of your Personal Data in line with this policy, please do not use our Service.

6. Types of Data We Collect. We collect Personal Data and Anonymous Data, as described below. When we use the term “Anonymous Data,” we are referring to data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third party. We may create Anonymous Data from the Personal Data that we receive about you and other individuals whose Personal Data we collect. Anonymous Data might include analytics information and information collected by us using cookies (“Cookies”). We make Personal Data into Anonymous Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze usage patterns in order to make improvements to our Services.
   1. Information You Provide to Us.
      1. We may collect Personal Data from you, such as your first and last name, gender, email and mailing addresses, professional title, company name, and password when you create an account to log in to our network (“Account”).
      2. Our Service lets you store preferences. We may associate these choices with your ID, browser or the mobile device, and you can edit these preferences at any time.
      3. We retain information on your behalf, such as files and messages that you store using your Account.
      4. If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply.
      5. We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us via email regarding support for the Services.
      6. We may also collect other forms of Personal Data, such as at other points in our Service that state that Personal Data is being collected.
   2. Information Collected via Technology.
      1. Information Collected by Our Servers. To make our Service more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
      2. Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider, referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Service, track users’ movements around the Service, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Service again, it will recognize you, and the information could then be used to serve advertisements and other information appropriate to your interests. Except as noted in this Privacy Policy, we do not link this automatically collected data to Personal Data.
      3. How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking on our Site.
   3. Information Collected from You About Others. We rely upon you to obtain whatever consents from third parties that may be required by law to allow us to use any third party information. If you decide to invite a third party to create an Account, we will collect your and the third party’s names and email addresses in order to send an email and follow up with the third party. In such a case, you or the third party may contact us at support@formant.io to request the removal of this information from our database.
   4. Information Collected from Others. We may get information about you, including Personal Data, from our customers if you have agreed to share information with one of our customers who use our Service in connection with their products or services. Our use of such information is governed by our agreements with those third parties, not this Privacy Policy. To the extent you have questions or concerns regarding how we use such data please contact those third parties.
7. Cookies and Other Technologies

   We may collect information using Cookies. Cookies are small data files stored on the hard drive of your computer by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Service.

   We use two broad categories of Cookies: (1) first party Cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits Services; and (2) third party Cookies, which are served by service providers on our Services, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.

   Our Service uses the following types of Cookies for the purposes set out below:

   Type of Cookies	Purpose
   Analytics and Performance Cookies	These Cookies are used to collect information about traffic to our Service and how users use our Service. The information gathered does not identify any individual visitor. The information is aggregated and anonymous. It includes the number of visitors to our Service, the websites that referred them to our Service, the pages they visited on our Service, what time of day they visited our Service, whether they have visited our Service before, and other similar information. We use this information to help operate our Service more efficiently, to gather broad demographic information and to monitor the level of activity on our Service. We use Google Analytics and other third party analytics services, such as FullStory Analytics and Heap Analytics, for this purpose. Google Analytics uses its own Cookies. It is only used to improve how our Service works. You can find out more information about Google Analytics Cookies here: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies. You can find out more about how Google protects your data here: www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to your use of our Service by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB. You can opt out of data being recorded by FullStory Analytics by clicking here: https://www.fullstory.com/optout.
   Targeted and advertising Cookies	These Cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These Cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third party advertisers can place Cookies to enable them to show advertisements which we think will be relevant to your interests while you are on third party websites. You can disable Cookies which remember your browsing habits and target advertising at you by visiting http://www.youronlinechoices.com/‌uk/your-ad-choices, http://www.aboutads.info/choices, or http://www.networkadvertising.org. If you choose to remove targeted or advertising Cookies, you will still see advertisements but they may not be relevant to you. Even if you do choose to remove Cookies by the companies listed at the above link, not all companies that serve online behavioral Cookies are included in this list, and so you may still receive some Cookies and tailored advertisements from companies that are not listed.
   Social Media Cookies	These Cookies are used when you share information using a social media sharing button or “like” button on our Service or you link your Account or engage with our content on or through a social networking website such as Facebook, Twitter, or Google+. The social network will record that you have done this.

8. Use of Your Personal Data
   1. General Use. In general, Personal Data you submit to us is used either to respond to requests that you make or to aid us in serving you better. We use your Personal Data in various ways, including as follows:
      1. facilitate the creation of and secure your Account on our network;
      2. identify you as a user in our system;
      3. provide improved administration of our Service;
      4. provide the Services you request;
      5. improve the quality of experience when you interact with our Service;
      6. send you a welcome email to verify ownership of the email address provided when your Account was created;
      7. send you administrative email notifications, such as security or support and maintenance advisories;
      8. respond to your inquiries, including as related to employment opportunities or other requests;
      9. make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback; and
      10. send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Company.
   2. User Testimonials and Feedback. We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. When we publish this content, we may identify our users by their first and last name and may also indicate their home city. We obtain the user’s consent prior to posting his or her name along with the testimonial. In addition, we may post user feedback on the Service from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you make any comments on a blog or forum associated with our Service, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
   3. Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data for various purpose, including analyzing request and usage patterns so that we may enhance the content of our Services and improve Service navigation. We reserve the right to use Anonymous Data and aggregated and other de-identified information for any purpose and disclose Anonymous Data to third parties in our sole discretion.
9. Disclosure of Your Personal Data. We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.
   1. Third Parties Designated by You. When you use the Services, the Personal Data you provide will be shared with the third parties that you designate to receive such information, to the extent permitted by the functionality of the Service, including other websites or your business associates. Depending on the type of access you grant to such third parties, they may also be permitted to edit the information you have provided to us and to designate others to access and edit such information. You may change your settings at any time as to who has access to your information by going to your Account settings and changing your publishing options.
   2. Users. We will share your Personal Data with other users solely for the purpose of providing the Services.
   3. Third Party Service Providers. We may share your Personal Data with third party service providers to: provide you with the Services that we offer you through our Service; to conduct quality assurance testing; to facilitate creation of Accounts; to provide technical support; and/or to provide other services to the Company. These third party service providers are required not to use your Personal Data other than to provide the services requested by Company.
   4. Affiliates. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.
   5. Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

      AS A RESULT, WE MAY PROVIDE YOUR PERSONAL DATA TO A THIRD PARTY COMPANY. BECAUSE WE DO NOT CONTROL THE PRIVACY PRACTICES OF THESE THIRD PARTY COMPANIES, YOU SHOULD READ AND UNDERSTAND THEIR PRIVACY POLICIES.

      NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

      (AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83)

      A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOMER”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL INFORMATION TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED. CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY EMAILING SUPPORT@FORMANT.IO. PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS EMAIL ADDRESS.

   6. Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Company may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Company; (c) to protect or defend the rights or property of Company or users of the Service; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use agreement.
10. Third Party Websites. Our Service may contain links to third party websites. When you click on a link to any other website or location, you will leave our Service and go to another Service and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.
11. Your Choices Regarding Your Information. You have several choices regarding use of information on our Services:
    1. Email Communications. We will periodically send you free newsletters and emails that directly promote the use of our Service. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive or by contacting us directly (please see contact information above). Despite your indicated email preferences, we may send you service related communications, including notices of any updates to our Terms of Use agreement or Privacy Policy.
    2. Cookies. If you decide at any time that you no longer wish to accept Cookies from our Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided in Section 1 above.
    3. Changing or Deleting Your Personal Data. You may change any of your Personal Data in your Account by editing your profile within your Account or by sending an email to us at the email address set forth in Section 1 above. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes.
12. Security of Information. We seek to use reasonable organizational, technical, and administrative measures to protect Personal Data within our organization. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the Internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised, please immediately notify us of the problem by contacting us using the details in Section 1 above).
13. Your Rights.
    1. Opt-out. You may contact us any time to opt-out of: (a) direct marketing communications; or (b) any new processing of your Personal Data that we may carry out beyond the original purpose.
    2. Access. You may access the data we hold about you by contacting us directly.
    3. Amend. You can also contact us to update or correct any inaccuracies in your Personal Data.
    4. Erase and forget. In certain situations, for example, when the Personal Data we hold about you is no longer relevant or is incorrect, you can request that we erase your data.
    You may contact us at support@formant.io or 1999 Bryant Street San Francisco, California 94110 any time for any other questions you may have about your Personal Data and our use of such Personal Data.
14. Complaints. We are committed to resolve any complaints about our collection or use of your Personal Data. If you would like to make a complaint regarding this Privacy Policy or our practices in relation to your Personal Data, please contact us at support@formant.io. We will reply to your complaint as soon as we can, and in any event, within 45 days. We hope to resolve any complaint brought to our attention; however, if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

Welcome, and thank you for your interest in Formant, Inc. (“Company”, “us”, “our”, or “we”) and our website located at www.formant.io (the “Site”), our proprietary software-as-a-service platform for robotics infrastructure and analytics (“Platform”), any associated software code provided to you for the purpose of incorporating with your robotics software by Company (each a “Software Agent”), and any associated websites and subdomains, networks, and services (collectively, the “Service”). Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

PLEASE READ THE FOLLOWING TERMS OF USE (THESE “TERMS”) CAREFULLY. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SERVICE, OR ANY PORTION THEREOF, INCLUDING THE SITE, SOFTWARE AGENTS, OR THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF AND, AS APPLICABLE, THE ENTITY THAT YOU REPRESENT). IF THE INDIVIDUAL ENTERING INTO THESE TERMS OR OTHERWISE ACCESSING OR USING THE SERVICE IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF AN ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY AGREE THAT: (i) THE TERMS “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH ENTITY AND, AS APPLICABLE, SUCH INDIVIDUAL; (ii) AND REPRESENT AND WARRANT THAT THE INDIVIDUAL ENTERING INTO THESE TERMS HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS ON BEHALF OF SUCH ENTITY. If you do not agree to the terms and conditions of these Terms, you may not access or use the Service.

YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 11.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. Accounts
   1. Account Creation. In order to use certain features of the Service, you must register for an account (“Account”) and provide certain information about yourself as prompted in the account registration process. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by contacting support@formant.io to request deletion of your Account. Company may suspend or terminate your Account in accordance with Section 10.
   2. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Access to the Service
   1. Access and Use. Subject to these Terms, Company grants you a non-exclusive, revocable, limited, nontransferable, non-assignable, and “as is” right to use and access the Services solely for your own personal, internal, informational, and evaluative use, subject to any use limitations put in place or provided by Company. Software Agent License. Subject to the terms and conditions of this Agreement, if Company provides you with any proprietary Software Agent, Company grants you a limited, royalty-free, nonexclusive, nontransferable, non-assignable, internal, evaluative use only license during the term of this agreement, (without the right to sublicense) to: (i) install such Software Agent on systems owned or controlled by you; (ii) use such Software Agent solely as integrated or embedded with your robotics software or code solely in connection with submitting data, information, or content to the Platform pursuant to this Agreement; and (iii) use any supporting documentation provided by Company to you (the “Documentation”) in connection with your use of the Software Agent and Service hereunder.
   2. Certain Restrictions. The Service is made available to you solely for your internal evaluative and informational purposes and use. You shall not, directly or indirectly, and shall not authorize any third party to: (i) decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code (not otherwise made available to you), structure, ideas, algorithms, or associated know-how of, the Service, or reconstruct, or discover, any hidden or non-public elements of the Service (except to the extent expressly permitted by applicable law notwithstanding this restriction); (ii) translate, adapt, or modify the Service or any portion thereof; (iii) write or develop any program based upon the Service or any portion or software applications thereof, or otherwise use the Service in any manner for the purpose of developing, distributing or making accessible products or services that compete with the Service; (iv) sell, sublicense, transfer, assign, lease, rent, distribute, or grant a security interest in the Service or any rights thereto; (v) export, sell or distribute any content or portion of the Service, allow access to the Service (or any content or other portion thereof) by any third persons, make the Service available on a service bureau basis, or otherwise access or use the Service for the benefit of a third party; (vi) permit the Service to be accessed or used by any persons other than your employee personnel as applicable; (vii) transmit unlawful, infringing, or harmful data or code or any other data or code that you are not authorized to transmit, either to or from the Service; (viii) alter or remove any trademarks or proprietary notices contained in or on the Service; or (ix) otherwise use the Service except as expressly permitted hereunder. Company may suspend your access to the Service for any period during which you are, or Company has a reasonable basis for alleging you are in noncompliance with the foregoing.
   3. Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
   4. No Support or Maintenace. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Service.
   5. Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content, including the Documentation, are owned by Company or Company’s suppliers. Neither these Terms (nor your access to or use of the Service) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Sections 2.1 and 2.2. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted by Company under these Terms. Notwithstanding anything to the contrary herein, you acknowledge and agree that any feedback that you disclose to Company or submit or upload to the Service in connection with using the Service or that Company derives, collects, or observes based on your operation and use of the Service may be used or exploited by Company without restriction in perpetuity. Company may periodically request that you provide feedback related to the Service, and you agree to provide such requested feedback to Company. You hereby grant Company a limited right to use any data, information, or content submitted by you, via a Software Agent, to the Platform (“Submitted Data”), including anonymized versions thereof solely for the purposes of operating the Service as made available to you hereunder and improving and further developing the Service. You represent and warrant that you have all necessary right, title, interest, authorizations, and permissions to: (i) provide, disclose, or submit any data, content, information, or feedback, including Submitted Data, that you provide, disclose, or submit to Company or the Service; and (ii) grant the rights and permissions granted hereunder with respect to any data, content, information, or feedback, including Submitted Data, that you provide, disclose, or submit to Company or the Service.
3. Confidential Information. To the extent the parties have entered into a separate confidentiality or non-disclosure agreement, information disclosed by one party to the other under this Agreement shall be governed by that separate agreement, and the Service and any information about the function or performance of the Service shall be considered Company’s Confidential Information thereunder. If the parties have not entered into such an agreements, Each party agrees to exercise no less than reasonable care to maintain the confidentiality of information disclosed by the other party that should reasonably be treated as confidential based on the nature of the information or circumstances surrounding its disclosure and to only use such information in connection with exercising its rights or performing its obligations hereunder. Notwithstanding anything to the contrary herein, the Service and any information about the function or performance of the Service constitutes information disclosed by Company to you and shall be treated as confidential by you.
4. Indemnification. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (i) your use of the Service; (ii) your violation of these Terms; or (iii) your violation of applicable laws or regulations; (iv) Company’s use of any data, content, information, or feedback, including Submitted Data, that you provide, disclose, or submit to Company or submit or upload to the Service in accordance with these Terms. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter for which you may have an indemnification obligation hereunder without the prior written consent of Company. Company will use reasonable efforts to notify you of any claim, action, or proceeding for which you may have an indemnification obligation hereunder upon becoming aware of it.
5. Third-Party Links & Ads; Other Users.
   1. Third-Party Links. The Service may contain links to third-party websites and services (“Third-Party Links”). Such Third-Party Links are not under the control of Company, and Company is not responsible for any Third-Party Links. Company provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.
   2. Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to any interactions with, or act or omission of, other Service users or any Third-Party Links.
6. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address:

   Formant, Inc.
   ATTN: DMCA Notification
   1999 Bryant Street
   San Francisco, California 94110
   Email: copyright@formant.io

   1. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
      2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
      3. a description of the material that you claim is infringing and where it is located on the Service;
      4. your address, telephone number, and email address;
      5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
      6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
7. Disclaimers

   THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

8. Limitation on Liability

   TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR COMPANY’S SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR ANY PORTION THEREOF, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES OR COMPUTER SYSTEMS, OR LOSS OF DATA RESULTING THEREFROM.

   TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

9. Remedies. You agree that your obligations as set forth herein are necessary and reasonable in order to protect Company and its business. You expressly agree that monetary damages may be inadequate to compensate Company for any breach by you of your representations, warranties, and covenants herein. Accordingly, you agree and acknowledge that any such breach or any threatened breach may cause irreparable injury to Company and that, in addition to any other remedies that may be available in law, equity or otherwise, Company shall be entitled to seek injunctive relief against the breach or threatened breach of this Agreement or the continuation of any breach by you without the necessity of proving actual damages.
10. Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service, or any portion thereof (including your Account) at any time, for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Service, including Software Agents will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or your rights with respect to a Software Agent. Within 10 days after termination or expiration of these Terms or the rights granted to you with respect to Software Agents, you shall cease all use of and erase or destroy and provide written certification of such erasure or destruction, of any copies of the Software Agent. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.3 through 2.6 and Sections 3 through 11.Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service, or any portion thereof (including your Account) at any time, for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Service, including Software Agents will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or your rights with respect to a Software Agent. Within 10 days after termination or expiration of these Terms or the rights granted to you with respect to Software Agents, you shall cease all use of and erase or destroy and provide written certification of such erasure or destruction, of any copies of the Software Agent. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.3 through 2.6 and Sections 3 through 11.
11. General
    1. Changes. These Terms are subject to occasional revision, and we reserve the right to charge fees for accessing and using the Service. If we make any substantial changes, we may require you to accept the changes, notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on the Service. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of when you provide your acceptance of the changes, thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable), and thirty (30) calendar days following our posting of notice of the changes on the Service. The changes will be effective immediately for new users of the Service. Continued use of our Service following notice of such changes shall indicate your acknowledgement and acceptance of such changes and agreement to be bound by the terms and conditions of such changes.
    2. Dispute Resolution.{" "} Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
       1. Applicability of Arbitration Agreement . All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
       2. Notice Requirement and Informal Dispute Resolution . Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 1999 Bryant Street, San Francisco, California 94110. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
       3. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. A single, neutral arbitrator shall conduct the arbitration. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the Arbitration Rules will determine the right to a hearing. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
       4. Additional Rules for Non-Appearance Based Arbitration . If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
       5. Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
       6. Authority of Arbitrator . If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
       7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that a judge resolve the dispute.
       8. Waiver of Class or Consolidated Actions . ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
       9. Confidentiality. All aspects of the arbitration proceeding, including, but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
       10. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of these Terms shall continue in full force and effect.
       11. Right to Waive. The party against whom the claim is asserted may waive any or all of the rights and limitations set forth in this Arbitration Agreement. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
       12. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
       13. Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
       14. Emergency Equitable Relief . Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
       15. Claims Not Subject to Arbitration . Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
       16. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within San Francisco County, California, for such purpose.
    3. Export. The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
    4. Publicity. You hereby agree that Company may use your name and logo on its website and in its marketing materials in connection with identifying you as a user of the Service.
    5. Disclosures. Company is located at the address in Section 11.9. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
    6. Electronic Communications. The communications between you and Company use electronic means, whether you use the Service or send us emails, or whether Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
    7. Entire Agreement. These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
    8. Copyright/Trademark Information . Copyright © 2018 Formant, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.
    9. Contact Information:
       Formant, Inc.
       Address:
       1999 Bryant Street
       San Francisco, California 94110
       Email: support@formant.io