Terms of Use
Version:
2.0
Last Updated: September 2, 2025
This Agreement applies to Customer and all Users of the Formant Products or Services, including, as applicable, administrators or employees authorized to act on behalf of an entity or other organization with respect to the Products or Services.
THESE GENERAL TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE PRODUCTS OR SERVICES. BY 1) CLICKING ACCEPT,” OR OTHERWISE ACCESSING, USING, OR INSTALLING THE PRODUCTS OR SERVICES, OR ANY PORTION THEREOF, INCLUDING THE FORMANT PLATFORM, AN AGENT, OR ANY OTHER FORMANT TECHNOLOGY, OR 2) OR EXECUTING A SALES ORDER THAT REFERENCES THESE GENERAL TERMS, 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 COMPANY OR ENTITY THAT YOU REPRESENT). IF THE INDIVIDUAL ENTERING INTO THESE TERMS OR OTHERWISE ACCESSING OR USING THE PRODUCTS OR SERVICES 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 “CUSTOMER”, “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. YOU MAY NOT ACCESS OR USE THE PRODUCTS OR SERVICES 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 PRODUCTS OR SERVICES.
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, AMONG OTHER THINGS, THAT DISPUTES RELATING TO THIS AGREEMENT, CUSTOMER’S ACCOUNT OR THE PRODUCTS OR SERVICES MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY.
DEFINITIONS
“Access Term” means the original Initial Term plus any additional Renewal Terms, in each case as defined in Section 8 of these General Terms.
“Administrative Data” means the information that a Formant receives from Users for the purpose of managing their accounts and ensuring the functionality of its Products and Services. This data typically includes personal details (such as name, email address, and contact information), account credentials, payment details, and other necessary records required for authentication, communication, and service maintenance.
“Affiliate” means, for a Party, any other entity that controls, is controlled by, or under common control with, the Party. For the purposes of this definition, the term “control” means the direct or indirect power to direct the affairs of the other entity through at least 50% of the shares, voting rights, participation, or economic interest in this entity.
“Agent” means software code provided by Formant that runs on a Device owned (or operated, serviced, or maintained) by Customer or End Customer, and acts as a conduit for all data and commands between Customer’s Device and the Formant Platform. An Agent is the primary way for Devices to interact with the Formant Platform. Without an Agent, data will not be uploaded to the Formant Platform and Customer’s Device will not appear online. The Agent is provided via download from Formant’s website (available at: https://docs.formant.io/ or https://docs.formant.ai/). The term Agent includes all Formant or third-party computer information or software which is a part of the Agent; as well as Maintenance Releases (as defined in section 4 below) provided by Formant to be embedded in the Agent. The term “Agent” does not include separately licensed third-party technology. For the purposes of this Agreement, and where applicable, Agent may also refer to a cloud-to-cloud connection with a Device OEM’s data cloud for the purposes of transmitting data to/from the Device and any adapters that are required for that connection (“C2C Integration”).
“Agreement” means these General Terms and the Sales Order, together with any exhibits included with the applicable Sales Order.
“AI User Input” means information, data, materials, text, prompts, images, works, code, or other content that is input, entered, posted, uploaded, submitted, transferred, or otherwise transmitted by or on behalf of Customer or any other User through the Formant AI.
“AI User Output” means information, data, materials, text, images, code, works, or other content generated by or otherwise output from the Formant AI in response to an AI User Input.
“Anonymized Information“ means information where neither Customer nor its Users are reasonably capable of being identified, which may be aggregated with other customers’ anonymous information.
“Confidential Information” means non-public or proprietary information about a disclosing Party’s business related to technical, commercial, financial, employee, or planning information that is disclosed by the disclosing Party to the other Party in connection with this Agreement, and (i) is identified in writing as confidential at the time of disclosure, whether in printed, textual, graphic, or electronic form; or (ii) is not identified as confidential at the time of disclosure, but is by its nature confidential or the receiving Party knows, or ought reasonably to know, is confidential (which may include User Content). Notwithstanding anything to the contrary herein, any Formant Technology (as defined below) and the terms and conditions of this Agreement will be deemed Confidential Information of Formant without any marking or further designation. Any User Content, other than Anonymized Information, will be deemed Confidential Information of Customer without any marking or further designation. “Confidential Information” does not include information that: (i) has become public knowledge through no fault of the receiving Party; (ii) was known to the receiving Party, free of any confidentiality obligations, before its disclosure by the disclosing Party; (iii) becomes known to the receiving Party, free of any confidentiality obligations, from a source other than the disclosing Party; or (iv) is independently developed by personnel of the receiving Party without access to or use of Confidential Information, as established by documentary evidence.
“Customer” means the entity identified in the Sales Order as “Customer”. Also referred to as “You” or “you” in the Agreement.
“Customer-Hosted Software” means the executable, object code version of the Formant Platform software that is licensed and deployed by or on behalf of Customer on hardware designated by Customer or in a separate Customer-hosted cloud environment (also called a Private Cloud Deployment or Virtual Private Cloud Deployment). For clarity, such software is licensed to Customer for use in its own internal business operations, including operating its own subscription or SaaS offerings to its Users, but does not constitute a SaaS Services or Managed Services provided by Supplier.
“Development Consultant” means a third-party systems integrator that Customer has authorized to access, test, and customize the Products or Services. Any Development Consultant(s) appointed by Customer under this Agreement works expressly and exclusively at Customer’s direction, and Customer is responsible for any acts or omissions of such Development Consultant(s). Customer understands and acknowledges that: (i) Customer’s appointment of a Development Consultant is solely at Customer’s discretion, regardless of whether such Development Consultant was recommended by Formant, designated by Formant as a “certified partner” or otherwise; (ii) that Formant is not a party to any agreement between Customer and Development Consultant; and (iii) Formant is not responsible for any acts or omissions of the Development Consultant.
“Device” means a virtual or physical device for storing or processing data, such as servers, desktop computers, laptops, mobile devices, hardware products, or any other data collections device such as IOT devices, or any devices performing automation tasks, such as Robots. Where a Device contains more than one virtual environment (including PLCs, jetsons, virtual machines and virtual processors), each virtual environment will be counted as a separate Device.
“Distributed Code” means HTML & CSS, JavaScript code, object code, plugins, SDKs, APIs, software package, maintenance releases, an Agent, or other code provided by Formant for Customer to deploy and as required for use of the applicable Formant Technology.
“Documentation” means the applicable technical specification and usage documentation for the Products and Services as such materials are made generally available on https://docs.formant.io/ or https://docs.formant.ai/. “Documentation” does not include any third-party content posted to https://www.formant.io or https://www.formant.ai, content published in user forums hosted or moderated by Formant, content related to any future functionality, or communications exchanged between Formant and Customer, unless such communications are specifically incorporated by reference within the applicable Sales Order.
“Formant AI” means any feature, functionality, product, or component of the Products that incorporates, uses, depends on or employs artificial intelligence/AI technology. This includes any and all machine learning, deep learning, and other artificial intelligence technologies, including statistical learning algorithms, models (including large language models), neural networks, any Formant provided context wrappers, and other artificial intelligence tools or methodologies, and all software implementations of any of the foregoing, based on user-supplied prompts
“Formant Reseller” means an entity that is appointed by Formant to process orders from Customers or as a reseller of Products and Services.
“Formant Platform” means the Formant Technology offered to Customer as either a SaaS Service, Managed Service, or Customer-Hosted Software.
“Formant Technology” means the Formant Platform, Agent, Formant AI, AI User Output, Anonymized Information, and other technology owned by Formant or licensed to Formant by a third-party (including Reports, software tools, algorithms, software (in source and object forms), user interface designs, architecture, toolkits, plug-ins, objects and Documentation, Related System Data, network designs, processes, know-how, methodologies, trade secrets, and any related intellectual property rights throughout the world), and feedback made to Formant that are incorporated into any of the foregoing (which are hereby irrevocably assigned to Formant), as well as any of the modifications, or extensions of the above, whenever or wherever developed.
“Hosted Services” means the provision of access to the Formant Platform, and related services provided by Formant, as either On-demand Services or Managed Services.
“Integrated Product” means a Device owned, operated or otherwise controlled by Customer or End Customer on which Formant Distributed Code has been installed.
“Instance” means an occurrence of the Formant Platform software on a production server or in a cloud environment. Each unique installation, whether it be on the same or different Device, virtual machine, tenant, etc., on which the Formant Platform software is installed uses a unique, single Instance.
“Joint Solution” is defined as the Formant Technology combined with Customer’s products or services.
“Managed Services” means any software or technology services hosted by or on behalf of Formant and provided to Customer as a dedicated Instance, such as a Single Tenant Deployment, as a software as a service (SaaS) subscription offering as set out in the Sales Order.
Non-Formant System” means the electronic information systems including hardware, devices, equipment (including robotic equipment and related accessories), software, peripherals and communications networks owned, controlled, operated or used by the Customer or its Users (other than the Products or Services).
“Open Source Components” means any software component of the Formant Technology Services that is subject to separate terms (each, an “Open Source License“), including any software available under the GNU Affero General Public License (AGPL), GNU General Public License (GPL), GNU Lesser General Public License (LGPL), Mozilla Public License (MPL), Apache License, BSD licenses, or any other license that is approved by the Open Source Initiative. For software (i) that is part of Products and (ii) that Customer receives from Formant in binary form and (iii) that is licensed under an open-source license that gives Customer the right to receive the source code for that binary. You may obtain a copy of the applicable source code from https://github.com/FormantIO.
“Party” means Formant or Customer, as applicable.
“Products” means the Formant Technology licensed by Customer as a downloadable product as set out in the Sales Order, including but not limited to Customer-Hosted Software.
“Professional Services” means any training, development, implementation or other technical services provided by Formant to Customer pursuant to a separate Statement of Work and Master Services Agreement.
“Related System Data” means the data transmitted, stored and/or collected by Formant in connection with the overall functioning of an Integrated Product, for the purposes of facilitating diagnostics, failure modeling, prediction, real-time analytics, visualizations, including, but not limited to, data generated as a result of the routine monitoring of Integrated Product conditions and applicable sensors, recording of key events during a malfunction or operational anomalies, and implementing remote updates and fixes.
“Report” means any graphical or numerical display of User Content, Relational System Data and/or other data that is generated by the Formant Technology.
“Robot” means a reprogrammable, multifunctional autonomous or semi-autonomous unit or system of units consisting of a controller, storage device, computational and interface hardware designed for the performance of tasks or actions and/or processing of information used by the Customer, including Internet of Things (IOT) devices.
“Sales Order” means the sales order form, statement of work, or other written document for the Products and/or Services that is either (i) executed between Formant and Customer; or (ii) if no such documents are executed between Formant and Customer and Customer is purchasing through a Formant Reseller, executed between Customer and the Formant Reseller.
“SaaS Services” means any technology services hosted by or on behalf of Formant and provided to Customer as a shared Instance, such as a Multi-Tenant SaaS Deployment, as a SaaS subscription offering as set out in the Sales Order.
“Services” means the services ordered by Customer, as more specifically set forth in the Sales Order, which may include but is not limited to any Managed Services or SaaS Services through which access to the Formant Platform, Formant Technology, or Formant AI may be provided, as well as any consulting, training, implementation support, onboarding, adoption support, user support, or other technical support services provided by Formant as a part of a support package (“Support Package”).
“User(s)” means, an individual who is authorized by Customer to use a Product or Service under the rights granted to Customer pursuant to this Agreement, and for whom access to, or use of the Product or Service has been purchased hereunder. Users may include, for example, but are not limited to employees, consultants, contractors, partners, distributors, and agents of Customer, as well as end users of Customer (“End Customer(s)”), users authorized by an End Customer, and third parties with which Customer transacts business. Any users authorized by an End Customer shall be subject to both the Customer’s and End Customer’s right to grant such access, and such authorization shall not exceed the rights granted to the Customer under this Agreement.
“User Content” means, other than Anonymized Information, any content including, without limitation, data files, text, articles, documents, computer software or code, music, images, audiovisual works, informational materials, AI User Input and any user comments submitted, posted, created, transmitted or shared by Users on or through the Products or Services.
OWNERSHIP
Formant Technology. Customer acknowledges that all right, title, and interest, including copyrights, patents, trademarks, and trade secrets, in and to the Formant Technology, are and will remain with Formant. Neither these General Terms (nor your access to or use of the Products or Services) transfers to you or any third party any rights, title, or interest in or to such Formant Technology, except for the limited access rights expressly set forth in the Agreement. Formant and its suppliers reserve all rights not granted in the Agreement. There are no implied licenses granted by Formant under the Agreement. Notwithstanding anything to the contrary herein, you acknowledge and agree that any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the Products or Services may be used or exploited by Formant without restriction in perpetuity. Formant may periodically request that you provide feedback related to the Products or Services, and you agree to provide such requested feedback to Formant.
Customer Technology. Formant acknowledges that all right, title, and interest, including copyrights, patents, trademarks, and trade secrets, in and to any intellectual property acquired or created by Customer prior to or independent of this Agreement, as evidenced by written documentation, are and will remain with Customer. Subject to the rights of Formant and its suppliers in the Agent, Customer holds all rights, title, and interest in and to each Integrated Product developed by the Customer.
User Content. The following terms apply to User Content:
Formant simply displays or makes the User Content available to its customers and does not otherwise control the content thereof;
Customer understands that all information contained in User Content is the sole responsibility of the person from whom such User Content originated. This means that Customer, and not Formant, is entirely responsible for all User Content uploaded, posted, transmitted, or otherwise made available by its Users, as well as for any actions taken by Formant or other users as a result of such User Content;
Formant does not review all content uploaded to or through the Products or Services, but Formant may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate a violation of this Agreement or other threat to the security of the Products or Services); and
Formant may access or disclose information about Customer, its Users, or Customer’s or its Users’ use of the Products or Services when it is required by law or regulation (such as when Formant receives a valid subpoena or search warrant).
Customizations. Customer may configure or customize the Formant Platform user interface (such as modules, workflows, or white labeling) only through Formant’s authorized toolkits, either completed by Development Consultant, Customer, or Formant at Customer’s direction (collectively, “Customizations”) shall only be performed in the user interface layer, shall not constitute modifications to the underlying source code of the Formant Platform, and are considered Formant Technology. Formant does not guarantee the continued functionality or availability of any such Customizations following updates, upgrades, or modifications to the Formant Platform. Customer (or its Development Consultant, as applicable) is solely responsible for maintaining, updating, and reconfiguring Customizations as necessary to ensure ongoing compatibility with the Formant Platform. Formant shall have no liability to Customer for any loss of functionality of Customizations arising from changes to the Formant Platform, and such loss shall not entitle Customer to any refund, credit, or other compensation.
Ownership of User Content. As between Customer and Formant, Customer is and will remain the sole and exclusive owner of all right, title, and interest in and to all User Content that is not Administrative Data, including all intellectual property rights relating thereto, subject to the rights and permissions granted in 2(f) below. Administrative Data is and shall always remain the sole property of Formant.
User Content License. Customer grants to Formant a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works or aggregated statistics of User Content for Formant to (i) provide the Products and Services to Customer (ii) use, modify, and adapt AI User Input and AI User Output to adapt, modify, enhance, or improve the Formant AI and other Formant Technology, or (iii) for any purpose whatsoever, both commercial and non-commercial, with respect to any User Content incorporated into AI User Output, such license shall be perpetual. Any such User Content shall not be considered Confidential Information provided that such User Content constitutes Anonymized Information.
PAYMENT OF FEES
Scope. This section 3 applies only if Customer orders the Products or Services directly from Formant. If Customer orders the Products or Services from a Formant Reseller, payment terms are agreed between Customer and the Formant Reseller.
Invoicing. Formant will invoice you on the first of the month which begins the invoicing period at the frequency or schedule specified in the Sales Order (“Invoicing Period”). License, subscription, platform, support packages, data retention, contracted per device fees, or feature fees (“Fixed Fees”) are invoiced in advance of the Invoicing Period. Data consumption fees, usage fees, per device fees, support bucket fees, per user fees, or other variable fees (“Variable Fees”) will be paid in advance of the Invoicing Period for those buckets, packages, or devices which are contracted, enumerated or specified in the Sales Order (Fixed Fees and Variable Fees, together “Fees”). Variable Fees for the provision of Products or Services in excess of the quantity for which fees have been prepaid in any Sales Order, will be invoiced in arrears for the previous Invoicing Period. Fixed Fees and Variable Fees will not be prorated, credited or refunded for partial periods for any reason. All invoices will only be delivered electronically to Customer to the billing email entered on the Sales Order or other email as indicated to Formant in writing at billing@formant.ai. Use of any software components, modules, features, or other services (“Upgrades”) that may be delivered with the Products and Services, but which are not identified in the Sales Order may be subject to additional fees and upon Customer’s use of such Upgrades, Customer agrees to be invoiced for such Upgrades and pay the additional fees.
Payment. Customer must pay the fees according to the payment method and payment terms specified in the Sales Order. You agree to pay in United States Dollars, unless otherwise specified in the Sales Order. Payment by another payment method other than what is specified in the Sales Order may incur additional fees. Customer agrees to provide clear indication within its form of payment, or by emailing to billing@formant.ai, as to which invoices payment should be applied no later than the date of payment. If Customer is not a publicly-traded corporation, upon Formant’s request, Customer will provide the necessary financial documents to allow Formant to ascertain the credit-worthiness of Customer.
Failure to Pay. If Customer fails to pay any amount due under this Agreement according to the payment terms in the Sales Order (and not disputed as described in section 3(e)), Formant may charge interest at a monthly rate equal to the lesser of 1.5% per month or the maximum rate permitted by applicable law on any overdue fees, from the due date until the date the overdue amount (plus applicable interest) is paid in full. Customer shall reimburse Formant for all costs incurred by Formant in collecting any late payments or interest, including attorney’s fees, court costs, and collection agency fees. Any fees that are unpaid as of the date of termination or expiration will be immediately due and payable. If Customer fails to pay within 30 days of the payment due date, Formant may, at its sole discretion, terminate the applicable Sales Order or suspend or restrict the provision of any or all Products and Services until such amounts are paid in full.
Disputes. If Customer believes in good faith that Formant has incorrectly billed Customer, Customer must contact Formant in writing at billing@formant.ai within 15 days of the invoice date, specifying the error. Customer must pay the undisputed portions of Formant’s invoice as required by the Agreement.
Taxes. All fees and other amounts payable under the Agreement are exclusive of taxes and similar assessments. Customer is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable hereunder, other than any taxes imposed on Formant’s income.
No Deductions or Setoffs. All amounts payable to Formant under this Agreement shall be paid by Customer to Formant in full without any setoff, recoupment, counterclaim, deduction, debit or withholding for any reason (other than any deduction or withholding of tax as may be required by applicable law).
LICENSE, ACCESS, AND USE
Access and Use. Subject to Customer’s payment of fees and Customer’s and its Users’ compliance with all terms and conditions of this Agreement, Formant hereby grants Customer a limited, non-exclusive, non-transferable, and non-sublicensable right, to access and use the purchased Products and Services (and, where applicable, Reports) during the Access Term solely for the Permitted Use.
Scope of Access and Use.
Service Subscription. Customer may access and use the Services through the designated interfaces, and permit its Users to do the same.
Product License. Customer may install, use, and run one copy of the Product on up to the number of Devices or Instances, as applicable, in the Sales Order at a time on Customer’s network for use by up to the number of Users set forth in the Sales Order.
Additional License Terms for Formant. Customer shall not and shall not permit its Users to run an Agent on a Device without first conducting all testing that may be necessary to determine if the Agent, when integrated with the Device, operates in accordance with the Documentation. Subject to the foregoing, Customer may and may permit its Users to:
install an Agent on up to the number of Devices set forth in the Sales Order;
configure the Agent using the configuration files provided (as applicable);
use the Agent solely as integrated or embedded into an Integrated Product, solely in connection with submitting data, information, or content to the Formant Platform, pursuant to the Agreement and Documentation; and to
deploy an Agent on a Device without distributing such Agent outside of an Integrated Product.
Documentation License. Use the Documentation, and to allow its Users to use the Documentation, solely in connection with Customer’s or its Users’ authorized use of the Products or Services. Customer may make a reasonable number of copies of the Documentation for internal reference purposes, provided that all proprietary notices are retained.
Additional License Terms for Formant AI. Subject to an applicable Sales Order, Formant grants to Customer a non-exclusive license to reproduce, distribute, and otherwise use and display FormantAI solely to the extent incorporated into and necessary for Customer to use and otherwise exploit the AI User Output for its internal business operations, and for its Users to do the same. Customer and its Users are solely responsible for:
Evaluating (including by human review) AI User Output for accuracy, completeness, and other factors relevant to Customer’s or its Users’ intended use before using, distributing, or relying on such AI User Output; and
Any decisions, actions, or omissions taken in reliance on or enabled by AI User Output, including where the Output is used to initiate or execute a command, whether or not a human is in the loop. Customer shall ensure that a human review process is incorporated into its use of the Products and Services to validate AI User Output prior to reliance or execution.
Additional License Terms for Customer-Hosted Software.
Customer shall notify Formant promptly at support@formant.ai and billing@formant.ai upon the launch of each Instance. Each installed Instance shall require a separate license, unless otherwise stated in the Sales Order.
Customer may upload the Customer-Hosted Software licensed to it pursuant to the Agreement onto a cloud instance owned by Customer or supplied by a third party under an agreement with Customer and under the control of the Customer, provided that the operation of the Customer-Hosted Software in the cloud instance complies with all license model restrictions and usage limitations applicable to such Products and adheres to the configuration in the applicable Documentation. In the event Customer utilizes a cloud instance managed by a third party, such third party will be considered a Development Consultant, and Customer will be responsible for the Development Consultant’s compliance with the Agreement.
Customer is solely responsible for configuring and using the Customer-Hosted Software in a manner that will provide industry standard security and protection of its account and for all activities that occur under its account, regardless of whether the activities are authorized by Customer or are undertaken by Customer.
Customer may not resell (outside of a Joint Solution) or otherwise provide a copy of the Customer-Hosted Software to any third party under this Agreement.
Additional Effects of Termination. Upon termination or expiration of the Access Term, Customer must schedule time with Formant’s support team to verify that all Customer-Hosted Software and Distributed Code artifacts have been removed from Customer’s Devices, and the Access Term shall be extended until such is complete. Customer shall be subject to ongoing fees at the rates outlined in the Sales Order for any such extension of the Access Term.
Audit. Formant may, at its expense and no more than once every 12 months, appoint its own personnel or an independent third-party (or both) to verify that Customer’s or its Users’ use, installation, or deployment of the Products complies with the terms of this Agreement. If the audit determines that Customer’s use of the Products exceeded the usage permitted by this Agreement, Customer shall pay to Formant all amounts due for such excess use of the Products plus interest on such amounts at a monthly rate equal to the lesser of 1.5% per month or the maximum rate permitted by applicable law on any overdue fees, from the due date until the date the overdue amount (plus applicable interest) is paid in full. If the audit determines that such excess use equals or exceeds 5% of Customer’s permitted level of use, Customer shall also pay to Formant all costs incurred by Formant in conducting the audit. Customer shall make all payments required under this Section 5 within 15 days of the date of written notification of the audit results .
User Accounts – License Restrictions and Access Rights. If Products or Services purchased on a per-User basis are installed on a Device accessible by more than one User, then the total number of Users (not the concurrent number of users) capable of accessing the applicable Product or Service must not exceed the license quantity stated in the Sales Order. Customer may deploy Products and Services licensed on a per-User basis only to Users through a unique login ID and password. If the login ID is an email address, it shall be one which is assigned to only one user and shall not be a generalized or group email address. Customer may not allow the use of the same login ID by two or more Users, nor may Customer deploy the Products and Services in any shared license model or similar license deployment (including, but not limited to, floating, generic user, leased, or shift license deployment). Customer may transfer a license from one User to another User without being deemed an additional deployment, subject to any reporting requirements that may be contained in a Sales Order. Customer is responsible for all activity that occurs via a User’s account(s).
Permitted Use. “Permitted Use” means (i) for Customer to use or allow its Users to use the Products and/or Services, and where applicable Reports, in accordance with the Documentation for the purpose of Customer’s or End Customer’s internal business purposes or providing support to End Customers of a Joint Solution, without distributing any Customer-Hosted Software except where permitted and licensed by the Sales Order, (ii) to use or deploy the Products and/or Services consistent with the license or subscription, each as further specified in the Sales Order, (iii) development of Customizations of the Products and/or Services for Customer’s internal benefit and to deploy and distribute such Customizations as a part of the Joint Solution. For avoidance of doubt, Customer may not resell a separate stand-alone license to any Formant Technology to any third party under this Agreement.
General Restrictions. Except to the extent expressly permitted under this Agreement and subject to Customer’s rights with respect to any Open Source Component, Customer agrees as a condition of its access to or use of the Products or Services, that it must not, and it shall ensure that its Users do not engage in any of the prohibited activities set forth below.
Unlawful Use. Customer shall not use the Products o Services in any manner or for any purpose that (1) infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person; (2) violates any applicable law or regulation (including but not limited to, where applicable, COPPA and FISMA), and export control laws; (3) involves unlawful material (including but not limited to material that is obscene, defamatory, harassing, invasive of privacy, or otherwise harmful); or (4) creates a material risk to the security or operations of Formant or any of its customers.
Unauthorized Distribution. Except as expressly permitted under this Agreement, Customer shall not copy, modify, create derivative works of, distribute, republish, download, display, transmit, lease, sell, rent, host, sub-license, transfer, assign, grant a security interest in, or otherwise make the Products, Services or Documentation, or any portion thereof or rights thereto available to any third party, including on a service bureau basis.
Improper Access or Tampering. Customer shall not:
access, modify, interfere with, or attempt to interact with the operating system or any system components supporting the operating system of the Formant Technology;
reverse engineer, disassemble, decompile, decode, or duplicate the Products or Services, reproduce training data other than User Content, engage in model extraction, or otherwise attempt to derive or gain access to any source code, algorithm, model, model weights, parameters, or other underlying AI technology or component of the Products and Services, in whole or in part;
access or use the Products and Services to develop, train, or improve any other AI technology or a competing or similar product or service, except that Customer or its Users may use AI User Output to create Customizations in accordance with this Agreement and the Documentation;
use web scraping, web harvesting, data mining, or any similar data gathering or extraction method to obtain data from the Products and Services, including for machine learning or other purposes.
transmit unlawful, infringing, or harmful data or code or any other data or code that Customer is not authorized to transmit, either to or from the Products or Services, or that is intended to damage, surreptitiously intercept or expropriate any system, data, or personally identifiable information;
circumvent, disable, or otherwise attempt to bypass any access control or use restriction applied to the Products or Services; or
impersonate any person or entity, falsely state or otherwise misrepresent Customer’s affiliation with a person or entity, share login IDs and passwords or allow use of the same login ID simultaneously by two or more Users.
Proprietary Notices. Customer shall not:
remove any proprietary notices from the Products, Services, Documentation, AI User Output; or
indicate that any product or service developed using or incorporating the Formant Technology is sponsored or endorsed by Formant.
Unpermitted Features. Customer shall not use any software components, modules, features, or other services that may be delivered with the Products or Services but which are not licensed to or subscribed for by Customer as identified in a Sales Order.
Hazardous and High-Risk Uses. All applicable certifications of compliance to any relevant safety or technical standards can be found in the Documentation. Customer represents and warrants that it will, and will ensure that its Users, use appropriate safeguards to minimize consequences associated with its use of the Products and Services. If the Products or Services are used in ultrahazardous uses, Customer does so at its own, and at its Users’, risk and agrees to defend, indemnify, and hold Formant harmless from all resultant claims, suits, damages, or expenses. Customer shall not use the Products or Services in or in connection with:
Ultra-hazardous or safety critical environments, including but not limited to weapons or weapons systems, nuclear, chemical, or biological systems, missiles, rockets systems, unmanned air vehicles intended for military use, medical devices, diagnostic applications, or other safety-critical applications where failure of the Products or Services could result in death, personal injury, or severe property or environmental damage;
biometric surveillance or processing, including real-time remote biometric identification systems in publicly accessible areas, or the collection or processing of biometric information without the consent of the subject;
use the Products or Services to harm or intimidate any person or animal, as a weapon, or to enable any weapon; or
in any home or similar unstructured consumer environments, or near children or others who may not appreciate the hazards associated with an Integrated Product’s operation, except as the Documentation provides.
Open Source Restrictions. Customer shall not use any Open Source Components in any manner or for any purpose or application not expressly permitted by the controlling Open Source License, or use any Open Source Components in any manner that would require or purport to require any source code of any Formant Technology be distributed or made available to any other party under the terms of an Open Source License;
Trade and Export Restrictions. Customer shall not use, install, access or allow Users to use, install, or access the Products or Services in a location outside the United States unless specifically authorized to do so in the Sales Order.
Other Prohibited Conduct. Customer shall not use the Products or Services for purposes of: (1) benchmarking or competitive analysis, (2) developing, using, or providing a competing product or service or (3) any other purpose that is to Formant’s detriment or commercial disadvantage.
Customer Responsibilities.
Customer will take reasonable steps to identify and promptly remove any User Content that violates the requirements of Section 4(d)(i) (“Unlawful Content”), in accordance with applicable laws and regulations. If there is Unlawful Content, Formant may suspend services and remove the Unlawful Content.
Customer will be responsible for the administration of its Users’ access to the Products or Services. Customer will appoint account administrator(s) to manage access to the Products and Services for the Users, to assign other Users an administrator role, control access for other Users such as on activation and termination, and control Users’ content and information. Customer is responsible for the administrator’s actions or omissions in connection with the account(s). Each User is responsible for safeguarding the password that he or she uses to access the Products and Services. Customer will apply industry standard security and control measures and use reasonable endeavors to ensure that no unauthorized person will gain access to the Products or Services through the Customer’s account and will notify Formant immediately of any unauthorized use of any password or account or any other known or suspected breach of security. Customer shall be responsible for unauthorized access to its login IDs and passwords.
Customer will comply with all applicable laws in connection with its use of the Products and Services, including those related to privacy and must not use the Products or Services for any purpose prohibited by law and/or that is unlawful, illegal, fraudulent or harmful and/or in order to distribute, view or create any material that may be offensive, obscene, illegal or unlawful.
Customer is responsible for ensuring that any third party operating, using or accessing the Products or Services through Customer complies with the terms of the Agreement. Customer will be responsible for and liable for the acts or omissions of such third-parties as if they were Customer’s own acts or omissions. Customer will ensure that any User of an Integrated Product or Joint Solution receives, is aware of, and accepts the obligations set forth in this Agreement with respect to the operation of such Integrated Product or Joint Solution prior to such User’s use of the Integrated Product or Joint Solution.
For Professional Services, Customer will not provide access to User Content to Formant unless specifically agreed to by Formant in writing.
Customer is responsible for complying with any applicable terms and conditions of any third-party data, products, services, and platforms used by Customer in conjunction with the Products and Services.
Customer agrees it may receive updates from Formant as part of Customer’s use of the Products or Services. Customer is responsible for ensuring timely installation of any Maintenance Release for the Formant Technology, which may include the Formant Platform, Formant Agent, or other technology. As used herein, “Maintenance Release” means an update, upgrade, release, or other adaptation or modification of any Formant Technology, including any updated Documentation, that Formant may provide to the general customer base from time to time during the Access Term, which may contain, among other things, error corrections, enhancements, improvements, or other changes to the functionality, compatibility, capabilities, performance, efficiency, or quality of the Formant Technology. Formant may cease to provide support for any Formant Platform or Agent that has not installed the most recent Maintenance Release on the 30th day following the provision of such Maintenance Release. Customer acknowledges that Customer or its Users may be required to remotely install a Maintenance Release to use the Agent, and Customer agrees to promptly install and require its Users to promptly install any Maintenance Release that Formant makes available. Formant will have no responsibility for Customer’s failure to install any Maintenance Release provided by Formant.
Customer is solely responsible for ensuring that it, its Users, its Devices, and its Integrated Products have suitable internet connectivity.
Customer is solely responsible for ensuring that Integrated Products and Devices: (1) include sufficient safety, failover, and redundancy features, (2) are designed to operate safely in the event of connectivity interruptions or outages caused by network issues or unavailability of the Formant Platform, and (3) incorporate safeguards recognizing that AI technologies (including AI image detection) are probabilistic and may fail, and that reliance on such technologies without appropriate redundancy or human oversight may result in errors; and (4) comply with all applicable legal and regulatory standards and requirements.
Customer will ensure Formant has access to at least one support account for each Instance of the Formant Platform used by the Customer. As part of Customer’s onboarding and setup, Formant will create a support account in association with Customer’s account. In some Customer-Hosted Software, Customer may need to create a support account on behalf of Formant. Deleting the Formant support account may result in additional fees or the termination of Customer’s license or subscription for cause. Formant will utilize this support account for two purposes: (1) primarily, to provide support to you when appropriate and as an output of supporting you, to gather and incorporate learnings into optimizing the Products or Services; and (2) to detect, prevent, or otherwise address fraud, security, or technical issues and ensure that Customer’s use of the Products and Services is in compliance with the Agreement.
Formant may but is not obligated to back up any User Content. Customer is solely responsible for creating backup copies of any User Content at its sole cost and expense. Formant has no liability for the User Content (in each case, whether or not processed by the Service), or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.
Customer will provide timely and reasonable written notice to Formant of any actual or suspected viruses, Trojan horses, worms and other malicious code (“Malicious Code”) that may have contaminated the Products or Services.
Customer agrees not to collect, process, or store any personally identifiable information, including name, address, telephone number, electronic mail address, social security number, bank account number or credit card number or any special categories of personal information regulated under or covered by applicable laws (“Sensitive Personal Data”) using the Formant Technology. Customer agrees not to transmit, disclose, or make available Sensitive Personal Data to Formant or Formant’s third-party providers.
Customer will continuously monitor any Integrated Product at all times when such Integrated Product is in use to ensure such Integrated Product is operating in a manner consistent with the Documentation and provide a method for immediately disabling any Integrated Product that is functioning in a manner determined to be inconsistent with the Documentation;
Customer is solely responsible for the physical and environmental security of its Customer Systems or User Systems, networks, Devices and Integrated Products. Customer will store and shall require that its Users store all Integrated Products in appropriate storage conditions and provide appropriate security for such Integrated Products. Access to the Agent, as installed on Customer’s or Users’ systems and networks, is managed, and controlled solely by Customer or User, as applicable, and not by Formant.
Customer will promptly give Formant written notice of and investigate and address any notice, complaint, or claim of which Customer becomes aware concerning any personal injury, property damage, or other injury alleged to have been caused, in whole or in part, by an Integrated Product;
Customer shall ensure that its Users, immediately report to Formant any attempted, actual, or suspected breach of security or unauthorized access to, corruption of, or theft, loss, or ransom of data that in any way may affect, involve, or implicate a Formant Technology or an Integrated Product (each, a “Security Incident”). The report of the Security Incident shall at a minimum include the type of breach or unauthorized access, the loss, the scope of such breach (or the anticipated scope) as well as any vulnerabilities discovered in the Agent, Formant Platform, or Integrated Products or any other necessary information Formant may request for the purpose of investigation of such Security Incident. Formant is not responsible for and makes no representation, warranty, or assurance as to the adequacy or sufficiency of Customer’s or Users’ security procedures and therefore shall not be responsible for any Security Incidents caused by reasons of inadequacy or insufficiency of Customer’s or Customer’s Users’ security procedures.
Customer will provide support to its Users which are not part of the named Support Users as outlined in sub-section f(ii) below, and will not have Users who are not a part of the named Support Users contact Formant directly for support services.
Formant Responsibilities
Formant shall supply Customer administrators with necessary access credentials.
Support. Should a Support Package be indicated in the Sales Order or support be provided as a part of a package with a Platform license as indicated in the Sales Order, Formant will provide technical support as defined in the applicable Support Package to the group of named support users, which shall be defined as internal employees who have an email address within the Customer email domain and are part of the named support group (“Support Users”). Formant will not provide support to requests originated from Users without an email or access control within the Customer domain. Support shall be provided via email to support@formant.ai or through the Formant Platform during normal business hours (6:00 am – 5:00 pm PST Monday through Friday, except USA federal holidays). Support requests should contain the following information: (1) priority, (2) Issue Type (Bug, etc.), (3) URL and screenshot, if applicable, (4) Detailed description of the Issue, (5) Circumstances leading to the Issue, (6) Confirmation of Customer’s configuration details, (7) Results of any investigations made, including any attempts to reproduce the Issue. Formant will respond with an automated email if the notification of issue was successfully received.
Miscellaneous
Transmitted Data. Customer may use an Agent to send specified Transmitted Data to the Formant Platform. Customer is responsible for ensuring that any use or combination of the Transmitted Data by Customer, its Users, or its End Customers to which Transmitted Data is sent complies with all applicable laws, guidelines, regulations, codes, rules, and established industry best practices for data usage and privacy.
Recordings. Customer is solely responsible for its use of the Products and Services, including whether Customer collects, uploads or otherwise makes available the personal information or personal data of any third parties, such as their voice, image and/or likeness. Without limiting the foregoing, Customer will provide all notices and obtain all consents required by applicable laws prior to collecting, uploading or making available the personal information or personal data of any person via or in connection with the Cloud Services.
Service and System Control. Formant has and will retain sole control over the operation, provision, maintenance, and management of the Services.
Modification. Formant reserves the right to add, modify, update, or discontinue features or capabilities of Product and Services at any time.
Suspension and Protective Actions. Notwithstanding anything to the contrary in the Agreement, Formant may temporarily suspend Customer’s or any User’s access to any portion or all of the Services if: (i) Formant reasonably determines that (A) there is a threat or attack on any of Formant’s intellectual property; (B) Customer’s or any User’s use of the Products or Services disrupts or poses a security risk to the Products or Services or to any other customer or vendor of Formant; (C) Customer or any other User is using any Products or Services for fraudulent or illegal activities; (D) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) Formant’s provision of the Products or Services to Customer or any User is prohibited by applicable law; (ii) any vendor of Formant has suspended or terminated Formant’s access to or use of any third-party services or products required to enable Customer to access the Products or Services; or (iii) in accordance with Section 3(d) above (a “Service Suspension”). Formant shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Services following any Service Suspension. Formant shall use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Formant will have no liability for any damage, liabilities, losses (including any loss of or profits), or any other consequences that Customer or any other User may incur as a result of a Service Suspension.
For Automation-As-A-Service Offerings. For Customers that offer a Joint Solution, such as in a cloud or managed services model, to its Users, the terms under which Customer makes the Products or Services available as a part of the Joint Solution to its Users, must be at least as protective as the terms of the Agreement (including, but not limited to, terms relating to the grant, restrictions and protection of intellectual property rights).
Feedback. If you or any User sends or transmits any communications or materials to us by mail, email, telephone, video call, or otherwise, suggesting or recommending changes to the Products and Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback“), Formant is free to use that Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and shall cause your Users to assign to us, all right, title, and interest in, and Formant is free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are have no obligation to acknowledge receipt of or use any Feedback.
BETA RELEASES
Formant may provide access to products or services, or a feature of a product or service, as a no-cost prerelease, early access, or beta version (“Beta Version”). A Beta Version does not represent the final product or service and may contain bugs. Formant may choose not to release a commercial version of the Beta Version. Formant provides the Beta Version on an “AS-IS” basis. Formant, its Affiliates, and third-party providers disclaim and make no representation or warranty of any kind, express, implied or statutory, including representations, guarantees or warranties of merchantability, fitness for a particular purpose, title, non-infringement, or accuracy. Any warranties specified in the Agreement do not apply to the Beta Version. Formant further disclaims any warranty that (i) the Beta Version will meet Customer’s or its Users’ expectations, requirements, or will be constantly available, uninterrupted, timely, secure, or error-free; (ii) the results obtained from the use of the Beta Version will be effective, accurate, or reliable; or (iii) any errors or defects in the Beta Version will be corrected. Formant disclaims all liability of any kind for Customer’s and its Users’ use of the Beta Version. Customer shall, and shall ensure that all Users, promptly cease using the Beta Version and destroy all copies of the Beta Version if Formant requests the Customer to do so. Formant may develop, modify, improve, support, customize, and operate its products and services based on Customer’s use, as applicable, of any Beta Versions.
THIRD PARTIES
Third-Party Integrations. The Products or Services may contain features or designs to inter-operate with products or services provided by any third party (a “Third-Party Integration”). If you acquire a third-party application and use the Products or Services to exchange data with that third-party provider or application, the relationship created with respect to that data exchange is solely between you and the applicable third-party provider. Formant does not warrant or support third-party applications or other third-party products or services, and, thus, does not warrant any Third-Party Integration. Formant is not responsible for any disclosure, modification or deletion of User Content resulting from access by such third-party application or its provider. Formant cannot guarantee the continued availability of a Third-Party Integration and may cease providing a Third-Party Integration without entitling you to any refund, credit, or other compensation, if for example and without limitation, the provider of a third-party application ceases to make the third-party application available for a Third-Party Integration in a manner acceptable to Formant. You grant Formant, and its applicable contractors, a worldwide, limited-term license to host, copy, use, transmit, and display any third-party applications and program code created by or for your use of the Product or Services or for your use with the Products or Services, each as appropriate, for Formant to provide and ensure proper operation of the Products or Services in accordance with the Agreement. If you choose to use a third-party application with the Products or Services, you grant Formant permission to allow the third-party application and its provider to access User Content and information about your usage of the third-party application as appropriate for the Third-Party Integration.
Third Party AI Technology. Customer acknowledges that certain Services interoperate with third-party large language models (“Third-Party AI Technology”). In connection with Customer’s use of the Formant AI, applicable User Content may be transmitted to, processed by, and stored with such Third-Party AI Technology to enable functionality of the Products or Services. Formant may impose additional use restrictions or obligations to the extent required by the applicable provider of such Third-Party AI Technology. The following third-party terms are incorporated by reference, as may be updated from time to time by the applicable provider:
Anthropic (Claude) – https://www.anthropic.com/legal/consumer-terms
Google (Gemini) – https://policies.google.com/terms
Cohere – https://cohere.com/terms-of-use
Perplexity – https://www.perplexity.ai/hub/legal/terms-of-serviceRealtime AI – https://www.rltm.ai/terms-of-service
Nuclea – https://nucleai.ai/user-terms/
Customer is responsible for reviewing and complying with applicable third-party AI provider terms. Formant shall notify Customer of any additional restrictions or obligations (including by providing a URL reference), and Customer’s continued use of the Products or Services following such notice constitutes acceptance of those restrictions or obligations.
Release. You hereby release and forever discharge Formant (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 Users or any Third-Party Links, Third-Party Integrations, or Third-Party AI Technology.
CONFIDENTIALITY
Confidentiality. The receiving party will treat Confidential Information with reasonable care and disclose only on a need-to-know basis or as permitted under this Agreement. The receiving party will only use Confidential Information for the purposes of performing its obligations or as permitted under this Agreement. However, a receiving party may disclose Confidential Information: (i) if approved by the other party in writing; (ii) if required by law or regulation; (iii) in the event of dispute between the Parties, as necessary to establish the rights of either party; or (iv) as necessary to provide the Products or Services requested by Customer pursuant to this Agreement. In the case of (ii) and (iii), the disclosing party will provide reasonable advance notice to the other party and provide reasonable assistance to limit the scope of the disclosure unless prohibited by law or regulation.
Confidentiality Definitions. For the purpose of this section 7 (Confidentiality) and the definition of “Confidential Information”, a reference to a “Party” means a Party and its Affiliates. The receiving Party is responsible for ensuring that its representatives and Affiliates fully comply with the obligations of the receiving Party under this section.
Relationship to Other Non-disclosure Agreements. Notwithstanding anything to the contrary, to the extent that the Parties have entered into a separate confidentiality or non-disclosure agreement and it is determined that such confidentiality or non-disclosure agreement nonetheless remains enforceable, the Parties agree that the Products, Services, and Formant Technology, as well as any non-public information about the function or performance of the Products, Services, and Formant Technology shall be considered Formant’s Confidential Information thereunder.
Remedies. Each receiving party agrees that its obligations as set forth herein are necessary and reasonable in order to protect the disclosing party and its business. The receiving party expressly agrees that monetary damages may be inadequate to compensate the disclosing party for any breach by the receiving party of its representations, warranties, and covenants herein. Accordingly, each receiving party agrees and acknowledges that any such breach or any threatened breach may cause irreparable injury to the disclosing party and that, in addition to any other remedies that may be available in law, equity or otherwise, the disclosing party shall be entitled to seek injunctive relief against the breach or threatened breach of this Agreement or the continuation of any breach by the receiving party without the necessity of proving actual damages.
TERM AND TERMINATION
Initial Term. This Agreement applies to each of the Products and Services from the effective date or, in the case of Managed or SaaS Services, the subscription start date listed on the Sales Order and remains in effect for the initial period laid out in the Sales Order (the “Initial Term”).
Renewal. Unless otherwise set forth in a Sales Order, each Sales Order will automatically renew for additional successive periods equal in length to the Initial Term, (each, a “Renewal Term” and together with the Initial Term, the “Access Term”), unless otherwise terminated by Customer with at least (30) days notice in writing prior to the end of the then-current Term. Upon renewal, Customer’s license or subscription to Products and Services will be for version(s) of Products and Services available at the time of renewal at the then-current fees.
Conversion. Any rights for the Products or Services granted to Customer solely for internal evaluation purposes (an “Evaluation License”) will convert to an annual license or subscription for Products or Services at the then-current fees, unless otherwise terminated with at least ten (10) days’ notice to Formant in writing to support@formant.ai and billing@formant.ai prior to the end of the evaluation period or by mutual agreement resulting in a new Sales Order.
End of Term. For termination with notice at the end of the Access Term, the effective date of termination will be the last day of the Access Term, not on the date the request or notice was submitted. All requests to terminate must be sent to both support@formant.ai and billing@formant.ai. Customer will be invoiced for additional services or usage which occur within the notice period and/or through the remainder of the Access Term. Should you choose to stop using the Products or Services, you will still be required to pay any unpaid fees covering the remainder of the Access Term to the extent permitted by applicable law. Partial month Fees will not be refunded or credited. Any outstanding Variable Fees will be calculated and invoiced.
Effect of Termination or Expiration. Upon termination or expiration of the Agreement or any Access Term for the Products or Services: (i) the rights to the applicable Products or Services will immediately terminate; (ii) Customer must, at its expense: (1) remove and delete all copies of the Formant Technology from Non-Formant Systems and Devices and (2) remove all references and links to the Products or Services from the Non-Formant Systems and Devices. Some or all of the Products or Services may cease to operate without prior notice upon expiration or termination of the Access Term. Customer will be liable for any Fees for any Products or Services which are still in use or which remain active after termination or expiration of the Access Term. These Fees will be invoiced to the Customer at the rate set out in the last applicable Sales Order, or upon material change in pricing at the then-current rate. In no event will termination by Formant or the Customer relieve Customer of the obligation to pay for any Fees payable to Formant for the Access Term. For avoidance of doubt, termination during a current Access Term shall not entitle Customer to any refund for the unused portion of such Access Term, if any, and, in the event of early termination, Customer shall be billed for the remainder of the Access Term immediately upon termination.
Termination for Cause.
Material Breach by Either Party. If either Party commits a material breach of this Agreement, the non-breaching Party may give written notice describing the nature and basis of the breach to the breaching Party. If the breach is not cured within 30 days of the notice date, the non-breaching Party may immediately terminate this Agreement, in whole or in part.
Other Breaches. Formant may terminate this Agreement, in whole or in part, immediately upon written notice to Customer, if required by law; or Customer breaches section 4 of these General Terms.
Survival. The termination or expiration of the Agreement will not affect any provisions of the Agreement which by their nature survive termination or expiration, including the provisions that deal with the following subject matters: Definitions, Ownership, Payment of Fees, Confidentiality, Indemnification, Warranties and Disclaimers, Limitation of Liabilities and Remedies, Term and Termination, Dispute Resolution, and General Provisions in the Agreement.
INSURANCE
During the term of this Agreement and for a period of four years thereafter, Customer shall, at its own expense, maintain and carry insurance in full force and effect which includes, but is not limited to, commercial general liability (including product liability) in a sum no less than $1,000,000 with financially sound and reputable insurers. Upon Formant’s request, Customer shall provide Formant with a certificate of insurance from Customer’s insurer evidencing the insurance coverage specified in the Agreement. The certificate of insurance shall name Formant as an additional insured. Customer shall provide Formant with 30 days’ advance written notice in the event of a cancellation or material change in Customer’s insurance policy. Except where prohibited by law, Customer shall require its insurer to waive all rights of subrogation against Formant’s insurers and Formant.
INDEMNIFICATION
To the maximum extent permitted by law, Customer agrees to indemnify, defend and hold harmless Formant, and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, reasonable attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties arising out of or relating to (i) User Content, (ii) Customer’s or its Users’ breach of this Agreement, (iii) Customer’s or its Users’ violation of any third party right, including without limitation any intellectual property right, publicity, property or privacy right, (iv) a breach of Customer’s representations or warranties under this Agreement, (v) a breach of Customer’s or its Users’ obligations under applicable law, (vi) any claim for damage, including bodily injury, death, or property damage caused by the Customer, Users, and/or any of its Devices, Robots or Non-Formant Systems, (v) a third party claim that the Joint Solution infringes the intellectual property right, publicity, property, or privacy right of a third party, (vi) a breach of Section 4 herein, (vii) products or services developed or deployed with or that use the Products or Services (including results or data generated from such use), or claims that such products or services violate laws, or infringe, violate, or misappropriate any third party right, provided that Customer is not obligated to provide intellectual property indemnification to Formant for an Agent that Customer has not modified or incorporated into an Integrated Product; or (viii) a violation of the terms and conditions of the Agreement. If Customer is prohibited by law from entering into the indemnification obligation above, then Customer assumes, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.
WARRANTIES, DISCLAIMERS, AND REMEDIES
Customer Warranties. Customer represents, warrants, and covenants to Formant that Customer owns or otherwise has and will have the necessary rights and consents in and relating to the User Content so that, as received by Formant, such User Content does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights, or any privacy or other rights of any third party or violate any applicable Law. Customer further represents, warrants, and covenants that it has not and will not during the Access Term enter into an agreement with a third party which conflicts with the Customer’s obligations hereunder.
General Disclaimer. THE PRODUCTS, SERVICES, AND AI USER OUTPUT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW FORMANT (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. FORMANT (AND ITS 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. Access to, and use of, the Products or Services is at your own discretion and risk, and you will be solely responsible for any damage or loss of data resulting therefrom. Formant does not guarantee that the Products, Services, or AI User Output will be compatible with any Non-Formant System and/or with any hardware, Devices, or other software or systems used or provided by Customer. Customer acknowledges that Formant does not control the transfer of data over communications facilities, including the Internet, and shall in no event be responsible for any delays, delivery failures, or any other connectivity issues. It is the sole responsibility of the Customer, its Users, and/or the Customer’s or its Users autonomy systems team to ensure that Integrated Products or any Non-Formant System functions appropriately during periods when they are not connected to Formant’s Products or Services or the Internet. Customer must implement and maintain, and ensure that its Users implement and maintain, contingency measures, failsafe protocols, or alternative control mechanisms necessary to manage their Integrated Products and any Non-Formant System during any periods of non-connectivity. Customer acknowledges that Formant is not responsible for the activities of Integrated Products or any Non-Formant System, and Customer is solely responsible for the operation of its and its Users’ Integrated Product or Non-Formant System, ensuring that Integrated Products and any Non-Formant System includes sufficient safety and redundancy features to operate independent of Formant’s systems in the case of loss of connectivity or downtime, and such Integrated Products and any Non-Formant System comply with all applicable legal and regulatory standards and requirements.
Third-Party Sites. The Products or Services may contain links to third-party websites and services (“Third-Party Sites”). Such Third-Party Sites are not under the control of Formant, and Formant is not responsible for any Third-Party Sites. Formant provides access to these Third-Party Sites only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Sites. You use all Third-Party Sites at your own risk and should apply a suitable level of caution and discretion in doing so. When you visit Third-Party Sites, 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 Sites. Customer hereby releases and forever discharges Formant (and our officers, employees, agents, successors, and assigns) from, and hereby waives and relinquishes, 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 Users or any Third-Party Links or Third-Party Integrations.
Training Disclaimer. Formant only trains on the use of the Formant Platform and Agent. The information provided during training is not intended, and shall not be construed, as a substitute for formal training or certification of any kind, such as, but not limited to, training with respect to the use of any Integrated Product or Joint Solution, warehouse training, forklift or machine operation training, physical safety training of any kind, or any other form of training that may exist beyond the limits of operating the Products or Services. Formant is in no way responsible for any form of credentialing or certification, nor are the training programs provided by Formant a replacement for any such requirements. All curricula described are subject to change depending on available resources, as well as on the needs of the course participants.
Customer Failure or Delay. Formant is not responsible or liable for any delay or failure of performance caused in whole or in part by Customer’s or its Users’ delay in performing, or failure to perform, any of its obligations under this Agreement.
Remedies. Customer agrees that its obligations as set forth herein are necessary and reasonable in order to protect Formant and its business. Customer expressly agrees that monetary damages may be inadequate to compensate Formant for any breach by Customer or its Users of its representations, warranties, and covenants herein. Accordingly, Customer agrees and acknowledges that any such breach or any threatened breach may cause irreparable injury to Formant and that, in addition to any other remedies that may be available in law, equity or otherwise, Formant shall be entitled to seek injunctive relief against the breach or threatened breach of the Agreement or the continuation of any breach by Customer or its Users without the necessity of proving actual damages.
LIMITATION OF LIABILITY
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL FORMANT OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE OR INABILITY TO USE THE PRODUCTS OR SERVICES AND/OR ANY PART OF THE PRODUCTS OR SERVICES. TO AVOID ANY DOUBT IT IS HEREBY CLARIFIED THAT THE ABOVE LIMITATION INCLUDES DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND/OR DATA, LOSS OF GOODWILL, AND ANY OTHER PECUNIARY LOSS.
Aggregate Liability. IN NO EVENT WILL FORMANT’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR OF THE INABILITY TO USE, THE FORMANT TECHNOLOGY, EXCEED THE ACTUAL FEES PAID BY THE CUSTOMER TO FORMANT FOR PRODUCTS OR SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO ANY CLAIM.
DISPUTE RESOLUTION
Negotiation. In the event of a controversy, dispute or claim arising out of, in connection with, or in relation to: (i) the interpretation, performance, nonperformance, validity or breach of this Agreement, or (ii) otherwise arising out of, or in any way related to the Products or Services, or (iii) the transactions contemplated hereby, including but not limited to any claim based on contract, tort, or statute (collectively, “Agreement Disputes”), the Party claiming such Agreement Dispute shall give written notice to the other Party setting forth the Agreement Dispute and a brief description thereof (a “Dispute Notice”) pursuant to the terms of the notice provisions of section 13(a) hereof. Following delivery of a Dispute Notice, the general counsels of the relevant Parties and/or such other executive officer designated by the relevant Party shall negotiate for a reasonable period of time to settle such Agreement Dispute; provided that such reasonable period shall not, unless otherwise agreed by the Parties in writing, exceed 30 calendar days from the time of receipt by a Party of a Dispute Notice; provided further, that in the event of any arbitration in accordance with section 13(a) hereof, the relevant Parties shall not assert the defenses of statute of limitations and laches arising during the period beginning after the date of receipt of the Dispute Notice, and any contractual time period or deadline under this Agreement to which such Dispute relates occurring after the Dispute Notice is received shall not be deemed to have passed until such Agreement Dispute has been resolved.
Mediation. If, within 30 calendar days (or such longer period as may be agreed in writing between the Parties) after receipt by a Party of a Dispute Notice, the Parties have not succeeded in negotiating a resolution of the Agreement Dispute, the Parties agree to submit the Agreement Dispute at the earliest possible date to mediation conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association (“AAA”), and to bear equally the costs of the mediation; provided, however, that each Party shall bear its own costs in connection with such mediation. The Parties agree to participate in good faith in the mediation and negotiations related thereto for a period of 30 days or such longer period as they may mutually agree following the initial mediation session (the “Mediation Period”).
Arbitration. If the Agreement Dispute has not been resolved for any reason after the Mediation Period, such Agreement Dispute shall be determined, at the request of either relevant Party, by binding, individual arbitration conducted in San Francisco County or Marin County, California, before and in accordance with the then-existing Commercial Arbitration Rules of the AAA, except as modified herein (the “Rules”). There shall be three arbitrators. Each Party shall appoint one arbitrator within 20 calendar days of receipt by respondent of a copy of the demand for arbitration. The two party-appointed arbitrators shall have 20 calendar days from the appointment of the second arbitrator to agree on a third arbitrator who shall chair the arbitral tribunal. Any arbitrator not timely appointed by the Parties under this section 13(c) shall be appointed by the AAA in accordance with the listing, ranking and striking method in the Rules, and in any such procedure, each Party shall be given a limited number of strikes, excluding strikes for cause. Any controversy concerning whether an Agreement Dispute is an arbitrable Agreement Dispute, whether arbitration has been waived, whether an assignee of this Agreement is bound to arbitrate, or as to the interpretation of enforceability of this section 13 shall be determined by the arbitrators. The Parties intend that the provisions to arbitrate set forth herein be valid, enforceable and irrevocable, and any award rendered by the arbitrators shall be final and binding on the Parties. The Parties agree to comply with any award made in any such arbitration proceedings and agree to enforcement of or entry of judgment upon such award in the United States District Court for the Northern District of California. The arbitrators shall be entitled, if appropriate, to award any remedy in such proceedings, including monetary damages, specific performance and all other forms of legal and equitable relief; provided, however, the arbitrators shall not be entitled to award punitive, exemplary, treble or any other form of non-compensatory damages except (i) in connection with an indemnification obligation of a Party (and in such a case, only to the extent awarded for such indemnification obligation) or (ii) for reasonably foreseeable consequential damages or losses. This agreement to arbitrate is intended to be broadly interpreted and will survive termination of this Agreement, which means (among other things) that this arbitration agreement applies even after Customer has stopped using the Products or Services. In the event this agreement to arbitrate is for any reason held to be unenforceable or inapplicable to a claim, any litigation against Formant may be commenced only in a federal or state court located within San Francisco County or Marin County, California, and both Parties consent to the jurisdiction of those courts for such purposes. CUSTOMER AGREES TO WAIVE ANY RIGHT TO A JURY TRIAL, CUSTOMER AGREES TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-WIDE OR REPRESENTATIVE ARBITRATION, AND CUSTOMER AGREES TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT (INCLUDING FOR ANY CLAIM THAT IS DETERMINED NOT TO BE SUBJECT TO ARBITRATION UNDER THESE TERMS).
Governing Law, Venue. In resolving any Agreement Dispute, the Parties intend that the Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Notwithstanding any choice of law provision in this Agreement, the Parties acknowledge and agree that this Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA“), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the Parties that the FAA and AAA Rules will preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Agreement or the enforcement thereof, then that issue will be resolved under the substantive laws of the State of California, without regard to any choice of law principles thereof that would mandate the application of the laws of another jurisdiction will be applied.
Arbitration Period. Any arbitration proceeding shall be concluded in a maximum of six months from the commencement of the arbitration. The Parties involved in the proceeding may agree in writing to extend the arbitration period if necessary to appropriately resolve the Agreement Dispute.
Treatment of Negotiations, Mediation and Arbitration. Without limiting the provisions of the Rules, unless otherwise agreed in writing by or among the relevant Parties or permitted by this Agreement, the relevant Parties shall keep confidential all matters relating to this section 13, and any negotiation, mediation, conference, arbitration, discussion or arbitration award pursuant to this section 13 shall be treated as compromise and settlement negotiations for purposes of Rule 408 of the Federal Rules of Evidence and comparable state rules; provided that such matters may be disclosed (i) to the extent reasonably necessary in any proceeding brought to enforce the award or for entry of a judgment upon the award and (ii) to the extent otherwise required by law or stock exchange. Nothing said or disclosed, nor any document produced, in the course of any negotiations, conferences and discussions that is not otherwise independently discoverable shall be offered or received as evidence or used for impeachment or for any other purpose in any current or future arbitration. Nothing contained herein is intended to or shall be construed to prevent any Party from applying to any court of competent jurisdiction for interim measures or other provisional relief in connection with the subject matter of any Agreement Disputes. Without prejudice to such provisional remedies as may be available under the jurisdiction of a court, the arbitral tribunal shall have full authority to grant provisional remedies and to direct the Parties to request that any court modify or vacate any temporary or preliminary relief issued by such court, and to award damages for the failure of any Party to respect the arbitral tribunal’s orders to that effect. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Section 13.
Consolidation. The arbitrators may consolidate any Agreement Disputes under this Agreement if the subject of the Agreement Disputes thereunder arise out of or relate essentially to the same set of facts or transactions. Such consolidated arbitration shall be determined by the arbitrator appointed for the arbitration proceeding that was commenced first in time.
GENERAL PROVISIONS
Notices and Communications. Any notice given under this Agreement must be in writing to the following addresses (or addresses notified in writing by either Party): (i) to Formant at legal@formant.ai and (ii) to Customer by email at Customer’s email address stated on the Sales Order, or if Customer’s Sales Order is with a Formant Reseller, at Customer’s registered address. The communications between Customer and Formant use electronic means, whether Customer uses the Service or sends Formant emails, or whether Formant posts notices on the Product and Services or communicates with Customer via email. For contractual purposes, Customer (1) consents to receive communications from Formant in an electronic form; and (2) agrees that all terms and conditions, agreements, notices, disclosures, and other communications that Formant provides to Customer electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. Customer is responsible for providing us with the most current e-mail address for both notices and billing purposes. In the event that the last e-mail address that Customer has provided Formant is not valid, or for any reason is not capable of delivering to Customer the notice described in this Agreement, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
Changes. These General Terms are subject to occasional revision, and Formant reserves the right to change fees associated with our provision of the Products and Services. If we make any substantial changes, we may require Customer to accept the changes, notify you by sending you an e-mail to the last e-mail address you provided to Formant (if any), and/or by prominently posting notice of the changes on the relevant Products or Services. Any changes to these General Terms will be effective upon the earliest of when Customer provides acceptance of the changes, thirty (30) calendar days following our dispatch of an e-mail notice to Customer (if applicable), or thirty (30) calendar days following our posting of notice of the changes on the Products or Services. The changes will be effective immediately for new users of the Products or Services. Continued use of the Products or Services 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.
Assignment. Customer may not assign, voluntarily, by operation of law or otherwise, any rights or obligations under this Agreement without the prior, written consent of Formant. Any (attempted) assignment in derogation of this section will be null and void.
Force Majeure. Neither Party is liable for failure to perform its obligations under this Agreement (except for any payment obligations) to the extent that performance is delayed, prevented, restricted or interfered with as a result of any causes beyond its reasonable control, including acts of God, terrorism, labor action, fire, flood, earthquake, denial of service attacks and other malicious conduct, utility failures, power outages, or governmental acts, orders, or restrictions.
Publicity. Customer hereby agrees that Formant may use Customer name and logo on its website and in its marketing materials in connection with identifying Customer as a customer and/or user of the Product and Services.
No Agency. Nothing in this Agreement is intended to constitute a fiduciary relationship, agency, joint venture, partnership, or trust between the Parties. No Party has authority to bind the other Party.
Waiver, Modification. Neither Party’s waiver of the breach of any provision constitutes a waiver of that provision in any other instance. This Agreement may not be modified nor any rights under it waived, in whole or in part, except in writing signed by the Parties.
Order of Precedence. The Sales Order will prevail over the General Terms (to the extent of any inconsistency).
Entire Agreement. This Agreement contains the entire understanding of the Parties relating to the subject matter and shall supersedes all earlier agreements, understandings, proposals, discussions, negotiations, representations and warranties, both written and oral, regarding the subject matter, the terms in any purchase order, procurement internet portal or any other similar non-Formant document and no terms included in any such document shall apply to the Products and/or Services ordered except: If Customer and Formant mutually executed an agreement, which is effective on the date of this Agreement that applies to the Products or Services ordered with this Agreement, and that agreement applies to the relationship of the parties governed by this Agreement, then the provisions of such agreement are incorporated. If a conflict arises between this Agreement and such agreement, to the extent of that conflict, the terms of such agreement will apply. For the purposes of this Agreement, purchase order terms, online terms or other agreements that Formant accepts in order to login or access an invoicing, payment, procurement, or any other system owned by Customer is not an agreement that has been “mutually executed” and will not replace, supplement or amend the terms of this Agreement in any way. Except as stated above in this section 15(i), and other than changes described in section 15(b) and the Termination provisions in section 8 additional or different terms (for example, other online terms or agreements) will not supersede this Agreement unless the parties mutually execute a written document.
Counterpart. This Agreement (or a component) may be executed in one or more counterparts, each of which constitutes an original and all of which taken together constitutes the same agreement. Each Party may sign this Agreement using an electronic or handwritten signature, which are of equal effect, whether on original or electronic copies.
Severability. If any term of this Agreement is held invalid or unenforceable for any reason, the remainder of the term and this Agreement will continue in full force and effect.
Trade Rules. Customer acknowledges that the Products and Services may be subject to trade control laws and regulations, including but not limited to, trade laws such as the U.S. Export Administration Regulations or other end-user, end use, and destination restrictions by the U.S. and other governments, as well as sanctions regulations administered by the U.S. Office of Foreign Assets Control, and Customer will comply with them.
Formant Reseller Transactions. If Customer orders any Products or Services from a Formant Reseller under a Sales Order with the Formant Reseller (“Customer Order”): (i) the terms of this Agreement apply to Customer’s use of the Products and Services; and (ii) the Formant Reseller is solely responsible for any variations or inconsistencies between the Customer Order and the order between the Formant Reseller and Formant for the transaction. If Customer does not accept the terms of this Agreement, then Customer must not use, or must immediately cease using, the relevant Products and Services.
U.S. Government Licensing. For US Government end users: Customer acknowledges that Products and Services are “Commercial Item(s),” as that term is defined at 48 C.F.R. section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as the terms are used in 48 C.F.R. section 12.212 or 48 C.F.R. section 227.7202, as applicable. Customer agrees, consistent with 48 C.F.R. section 12.212 or 48 C.F.R. sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
Copyright/Trademark Information. Copyright © 2025 Formant, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Products and Services are Formant’s property or the property of other third parties. Customer is not permitted to use these Marks without Formant’s prior written consent or the consent of such third party that may own the Marks.
Contact Information:
Formant, Inc
455 Market St Suite 1940
PMB 634288
San Francisco, CA 94105
Customer support: support@formant.ai
Billing / Accounts Receivable: billing@formant.ai
Legal Notices: legal@formant.ai
