Terms of Use

Version 1.1b
Last Updated: January 24, 2019

Welcome, and thank you for your interest in Formant, Inc. (“Company”, “us”, “our”, or “we”) and our website located at www.formant.io (the “Site”), our proprietary software-as-a-service platform for robotics infrastructure and analytics (“Platform”), any associated software code provided to you for the purpose of incorporating with your robotics software by Company (each a “Software Agent”), and any associated websites and subdomains, networks, and services (collectively, the “Service”). Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.PLEASE READ THE FOLLOWING TERMS OF USE (THESE “TERMS”) CAREFULLY. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SERVICE, OR ANY PORTION THEREOF, INCLUDING THE SITE, SOFTWARE AGENTS, OR THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF AND, AS APPLICABLE, THE ENTITY THAT YOU REPRESENT). IF THE INDIVIDUAL ENTERING INTO THESE TERMS OR OTHERWISE ACCESSING OR USING THE SERVICE IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF AN ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY AGREE THAT: (i) THE TERMS “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH ENTITY AND, AS APPLICABLE, SUCH INDIVIDUAL; (ii) AND REPRESENT AND WARRANT THAT THE INDIVIDUAL ENTERING INTO THESE TERMS HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS ON BEHALF OF SUCH ENTITY. If you do not agree to the terms and conditions of these Terms, you may not access or use the Service.YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

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

  1. Accounts
    1. Account Creation. In order to use certain features of the Service, you must register for an account (“Account”) and provide certain information about yourself as prompted in the account registration process. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by contacting support@formant.io to request deletion of your Account. Company may suspend or terminate your Account in accordance with Section 10.
    2. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
  2. Access to the Service
    1. Access and Use. Subject to these Terms, Company grants you a non-exclusive, revocable, limited, nontransferable, non-assignable, and “as is” right to use and access the Services solely for your own personal, internal, informational, and evaluative use, subject to any use limitations put in place or provided by Company. Software Agent License. Subject to the terms and conditions of this Agreement, if Company provides you with any proprietary Software Agent, Company grants you a limited, royalty-free, nonexclusive, nontransferable, non-assignable, internal, evaluative use only license during the term of this agreement, (without the right to sublicense) to: (i) install such Software Agent on systems owned or controlled by you; (ii) use such Software Agent solely as integrated or embedded with your robotics software or code solely in connection with submitting data, information, or content to the Platform pursuant to this Agreement; and (iii) use any supporting documentation provided by Company to you (the “Documentation”) in connection with your use of the Software Agent and Service hereunder.
    2. Certain Restrictions. The Service is made available to you solely for your internal evaluative and informational purposes and use. You shall not, directly or indirectly, and shall not authorize any third party to: (i) decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code (not otherwise made available to you), structure, ideas, algorithms, or associated know-how of, the Service, or reconstruct, or discover, any hidden or non-public elements of the Service (except to the extent expressly permitted by applicable law notwithstanding this restriction); (ii) translate, adapt, or modify the Service or any portion thereof; (iii) write or develop any program based upon the Service or any portion or software applications thereof, or otherwise use the Service in any manner for the purpose of developing, distributing or making accessible products or services that compete with the Service; (iv) sell, sublicense, transfer, assign, lease, rent, distribute, or grant a security interest in the Service or any rights thereto; (v) export, sell or distribute any content or portion of the Service, allow access to the Service (or any content or other portion thereof) by any third persons, make the Service available on a service bureau basis, or otherwise access or use the Service for the benefit of a third party; (vi) permit the Service to be accessed or used by any persons other than your employee personnel as applicable; (vii) transmit unlawful, infringing, or harmful data or code or any other data or code that you are not authorized to transmit, either to or from the Service; (viii) alter or remove any trademarks or proprietary notices contained in or on the Service; or (ix) otherwise use the Service except as expressly permitted hereunder. Company may suspend your access to the Service for any period during which you are, or Company has a reasonable basis for alleging you are in noncompliance with the foregoing.
    3. Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
    4. No Support or Maintenace. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Service.
    5. Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content, including the Documentation, are owned by Company or Company’s suppliers. Neither these Terms (nor your access to or use of the Service) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Sections 2.1 and 2.2. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted by Company under these Terms. Notwithstanding anything to the contrary herein, you acknowledge and agree that any feedback that you disclose to Company or submit or upload to the Service in connection with using the Service or that Company derives, collects, or observes based on your operation and use of the Service may be used or exploited by Company without restriction in perpetuity. Company may periodically request that you provide feedback related to the Service, and you agree to provide such requested feedback to Company. You hereby grant Company a limited right to use any data, information, or content submitted by you, via a Software Agent, to the Platform (“Submitted Data”), including anonymized versions thereof solely for the purposes of operating the Service as made available to you hereunder and improving and further developing the Service. You represent and warrant that you have all necessary right, title, interest, authorizations, and permissions to: (i) provide, disclose, or submit any data, content, information, or feedback, including Submitted Data, that you provide, disclose, or submit to Company or the Service; and (ii) grant the rights and permissions granted hereunder with respect to any data, content, information, or feedback, including Submitted Data, that you provide, disclose, or submit to Company or the Service.
  3. Confidential Information. To the extent the parties have entered into a separate confidentiality or non-disclosure agreement, information disclosed by one party to the other under this Agreement shall be governed by that separate agreement, and the Service and any information about the function or performance of the Service shall be considered Company’s Confidential Information thereunder. If the parties have not entered into such an agreements, Each party agrees to exercise no less than reasonable care to maintain the confidentiality of information disclosed by the other party that should reasonably be treated as confidential based on the nature of the information or circumstances surrounding its disclosure and to only use such information in connection with exercising its rights or performing its obligations hereunder. Notwithstanding anything to the contrary herein, the Service and any information about the function or performance of the Service constitutes information disclosed by Company to you and shall be treated as confidential by you.
  4. Indemnification. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (i) your use of the Service; (ii) your violation of these Terms; or (iii) your violation of applicable laws or regulations; (iv) Company’s use of any data, content, information, or feedback, including Submitted Data, that you provide, disclose, or submit to Company or submit or upload to the Service in accordance with these Terms. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter for which you may have an indemnification obligation hereunder without the prior written consent of Company. Company will use reasonable efforts to notify you of any claim, action, or proceeding for which you may have an indemnification obligation hereunder upon becoming aware of it.
  5. Third-Party Links & Ads; Other Users.
    1. Third-Party Links. The Service may contain links to third-party websites and services (“Third-Party Links”). Such Third-Party Links are not under the control of Company, and Company is not responsible for any Third-Party Links. Company provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.
    2. Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to any interactions with, or act or omission of, other Service users or any Third-Party Links.
  6. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address:Formant, Inc.
    ATTN: DMCA Notification
    1999 Bryant Street
    San Francisco, California 94110
    Email: copyright@formant.io

    1. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
      2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
      3. a description of the material that you claim is infringing and where it is located on the Service;
      4. your address, telephone number, and email address;
      5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
      6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
  7. DisclaimersTHE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
  8. Limitation on LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR COMPANY’S SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR ANY PORTION THEREOF, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES OR COMPUTER SYSTEMS, OR LOSS OF DATA RESULTING THEREFROM.TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
  9. Remedies. You agree that your obligations as set forth herein are necessary and reasonable in order to protect Company and its business. You expressly agree that monetary damages may be inadequate to compensate Company for any breach by you of your representations, warranties, and covenants herein. Accordingly, you agree and acknowledge that any such breach or any threatened breach may cause irreparable injury to Company and that, in addition to any other remedies that may be available in law, equity or otherwise, Company shall be entitled to seek injunctive relief against the breach or threatened breach of this Agreement or the continuation of any breach by you without the necessity of proving actual damages.
  10. Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service, or any portion thereof (including your Account) at any time, for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Service, including Software Agents will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or your rights with respect to a Software Agent. Within 10 days after termination or expiration of these Terms or the rights granted to you with respect to Software Agents, you shall cease all use of and erase or destroy and provide written certification of such erasure or destruction, of any copies of the Software Agent. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.3 through 2.6 and Sections 3 through 11.Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service, or any portion thereof (including your Account) at any time, for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Service, including Software Agents will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or your rights with respect to a Software Agent. Within 10 days after termination or expiration of these Terms or the rights granted to you with respect to Software Agents, you shall cease all use of and erase or destroy and provide written certification of such erasure or destruction, of any copies of the Software Agent. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.3 through 2.6 and Sections 3 through 11.
  11. General
    1. Changes. These Terms are subject to occasional revision, and we reserve the right to charge fees for accessing and using the Service. If we make any substantial changes, we may require you to accept the changes, notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on the Service. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of when you provide your acceptance of the changes, thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable), and thirty (30) calendar days following our posting of notice of the changes on the Service. The changes will be effective immediately for new users of the Service. Continued use of our Service following notice of such changes shall indicate your acknowledgement and acceptance of such changes and agreement to be bound by the terms and conditions of such changes.
    2. Dispute Resolution.{" "} Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
      1. Applicability of Arbitration Agreement . All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
      2. Notice Requirement and Informal Dispute Resolution . Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 1999 Bryant Street, San Francisco, California 94110. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
      3. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. A single, neutral arbitrator shall conduct the arbitration. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the Arbitration Rules will determine the right to a hearing. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
      4. Additional Rules for Non-Appearance Based Arbitration . If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
      5. Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
      6. Authority of Arbitrator . If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
      7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that a judge resolve the dispute.
      8. Waiver of Class or Consolidated Actions . ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
      9. Confidentiality. All aspects of the arbitration proceeding, including, but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
      10. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of these Terms shall continue in full force and effect.
      11. Right to Waive. The party against whom the claim is asserted may waive any or all of the rights and limitations set forth in this Arbitration Agreement. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
      12. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
      13. Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
      14. Emergency Equitable Relief . Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
      15. Claims Not Subject to Arbitration . Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
      16. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within San Francisco County, California, for such purpose.
    3. Export. The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
    4. Publicity. You hereby agree that Company may use your name and logo on its website and in its marketing materials in connection with identifying you as a user of the Service.
    5. Disclosures. Company is located at the address in Section 11.9. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
    6. Electronic Communications. The communications between you and Company use electronic means, whether you use the Service or send us emails, or whether Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
    7. Entire Agreement. These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
    8. Copyright/Trademark Information . Copyright © 2018 Formant, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.
    9. Contact Information:
      Formant, Inc.
      Address:
      1999 Bryant Street
      San Francisco, California 94110
      Email: support@formant.io
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