FORMA VISIONTERMS OF SERVICELast Updated: December 6_, 2022Your use of our Forma Vision software application (the “Application”), and our associated service, accessible through the Application is subject to these “Terms of Service.”  The Application and associated service are collectively referred to in this agreement as the “Service”. By clicking/checking the “I Agree” button/box, accessing the Forma Vision website or by using the Service, you agree to be bound by, and use the Service in compliance with, these Terms of Service.  IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICE.The terms "you," "your," and "yours" refer to you, the user of the Service.  The terms “Forma Vision," "we," "us," and "our" refer to Omnivor, Inc.  We may periodically make changes to these Terms of Service.  It is your responsibility to review the most recent version of these Terms of Service frequently and remain informed of any changes to it.  You agree that your continued use of the Service after such changes have been published to the Service shall constitute your acceptance of such revised Terms of Service.License to Use the ServiceSubject to these Terms of Service, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Service for your personal use and not for resale or further distribution.  Your right to use the Service is limited by the terms set forth in these Terms of Service.  Except for this license granted to you, we retain all right, title, and interest in and to the Service, including all related intellectual property rights.  The Service is protected by applicable intellectual property laws, including United States copyright law and international treaties.Except as otherwise explicitly provided in these Terms of Service or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service; (b) rent, lease, or sublicense access to the Service; nor (c) circumvent or disable any security or technological features or measures of the Service.Access and Modifications to the ServiceWe do not provide you with the equipment to access the Service.  You are responsible for all fees charged by third parties to access the Service (e.g., charges by internet service providers).We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice.  We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting by you, or to restrict, suspend, or terminate your access to the Service at any time, for any or no reason, with or without prior notice, and without liability. You must be 18 or older to register as a user or to use the Service.  You hereby represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.You may be required to provide information about Yourself in order to register for and/or use the Service. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party.RestrictionsYou must comply with all applicable laws, when using the Service.  Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available by Forma Vision on the Service (“Content”) or compile or collect any Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Service or store, copy, modify, distribute, or resell any Content; (c) rent, lease, or sublicense your access to the Service to another person; (d) use the Service or Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (f) use the Service in a manner that threatens the integrity, performance, or availability of the Service; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or Content. You may not offer or enable any third parties to use the Service using Your account, display on any website or otherwise publish the Service or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the Service or use the Service for the development, production or marketing of a service or product substantially similar to the Service.Third Party Products, Services and ContentYour use of the Service may enable you to communicate with various third parties, and access products and content from such third parties. We exercise no control over any third party products, services, or websites accessible through the Service.  We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.User Interactions The Service allows you to communicate with third parties using the Service. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Service are those of the respective users and not of Forma Vision, or its agents or employees.  Your ContentYou agree that You are solely responsible for the content (“Content”) sent or transmitted by You or displayed or uploaded by You in using the Service and for compliance with all laws pertaining to the Content, including, but not limited to, laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to Forma Vision and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Forma Vision be liable in any way for any (a) Content that is transmitted or viewed while using the Service, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although Forma Vision is not responsible for any Content, Forma Vision may delete any Content, at any time without notice to You, if Forma Vision becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Service.RecordingsYou are responsible for compliance with all recording laws. Any participant can choose to record Forma Vision meetings. By using the Service, you are giving Forma Vision consent to store recordings for any or all Forma Vision meetings that you join, if such recordings are stored in our systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting.User FeedbackYou agree that Forma Vision is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service and our products and services. Furthermore, by posting any Submission on the Service, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future.  By posting or providing a Submission or information, you represent and warrant that: (i) you own all right title and interest in your Submissions or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Submissions on or through the Service does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.  You agree to pay all royalties, license fees and any other monies owing any person by reason of any Submission posted by you on or through the Service.  Use RestrictionsYou are solely responsible for any content and other material that you transmit to third parties over the Service.  You will not use the Service to: (a) transmit communications that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm Forma Vision or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) transmit any information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (i) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Service, (j) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (k) "stalk" or otherwise harass another; (k) collect or store personal data about other users.If you encounter a user on the Service that violates these use restrictions, please contact Forma Vision at ________@formavision.io.  Disclaimer of WarrantiesYOUR USE OF THE SERVICE AND YOUR INTERACTION WITH THIRD PARTIES USING THE SERVICE IS AT YOUR SOLE RISK.  THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  FROMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK.  ANY COMMUNICATION THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FORMA VISION OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.  SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.Limitation of LiabilityFORMA VISION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FORMA VISION HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE.  UNDER NO CIRCUMSTANCES WILL FORMA VISION’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED TEN DOLLARS ($10).  BECAUSE SOME JURISIDCTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.Copyright InfringementIf you believe that your work has been copied or transmitted by a user of the Service in a way that constitutes copyright infringement, please contact us at copyright@formavision.io and provide our copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed or a copy of the copyrighted work; (iii) identification of the user or other specific location on the Service where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  Our agent for notice of claims of copyright infringement on this site can be reached using the contact information below.IndemnityYou will indemnify and hold Forma Vision, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms of Service, or your violation of any rights of a third party through use of the Service.Updates to the Service and Terms of ServiceWe may occasionally update the Service and these Terms of Service.  When we do, we will revise the “last updated” date on these Terms of Service.  You should check the Service and these Terms of Service frequently to see recent changes.  Your continued use of the Service after such changes will be subject to the then-current terms of service.  This version of these Terms of Service shall supersede all earlier versions.Export RestrictionsYou acknowledge that the Service, or a portion thereof, are subject to the Export Administration Regulations, 15 C.F.R. Parts 730-774, of the United States and may be subject to other applicable country export control and trade sanctions laws (“Export Control and Sanctions Laws”). Forma Vision will provide the U.S. export classification(s) applicable to its Services upon request. You may not access, use, export, re-export, divert, transfer or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of Export Control and Sanctions Laws. You represent and warrant that: (i) You (a) are not a citizen of, or located within, a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions (including without limitation Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine) and that You will not access or use the Service, or export, re-export, divert, or transfer the Service, in or to such countries or territories; (b) are not a person, or owned 50% or more, individually or in the aggregate by persons, identified on the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or Foreign Sanctions Evaders Lists; and (c) are not persons on the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List, or U.S. Department of State proliferation-related lists; (ii) You are not a Military End Users and will not put the Service to a Military End Use, as defined in 15 C.F.R. 744.21; (iii) no Content created or submitted by You is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control and Sanctions Laws; and (iv) You will not take any action that would constitute a violation of, or be penalized under, U.S. antiboycott laws administered by the U.S. Department of Commerce or the U.S. Department of the Treasury. You are solely responsible for complying with the Export Control and Sanctions Laws and monitoring them for any modifications.No High Risk UseThe Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. The Service shall not be used for or in any HIGH RISK environment.Legal NoticesEnforcement of these Terms of Service will be governed by Washington law, excluding its conflict and choice of law principles.  The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Service or your use of the Service will lie in the State and Federal courts located in King County, Washington, and you irrevocably agree to submit to the jurisdiction of such courts.  The failure of Forma Vision to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by Forma Vision in writing.  In the event that a court of competent jurisdiction finds any provision of these Terms of Service to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.Contacting Forma VisionIf you have any questions or concerns about the Service or these Terms of Service, please send us a thorough description by email to info@formavision.io, or write to us at:

Omnivor, Inc.118 Mead StreetSeattle, WA 98100