FORMA VISION
TERMS OF SERVICE
Last Updated: April 5, 2023
Your 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 incompliance 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 havebeen published to the Service shall constitute your acceptance of such revised Terms of Service.
License to Use the Service
Subject 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 Service
We 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 toa 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 username 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.
Restrictions
You 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 anyautomated tool (e.g., robots, spiders) to use the Service or store, copy,modify, distribute, or resell any Content; (c) rent, lease, or sublicenseyour access to the Service to another person; (d) use the Service or Contentfor any purpose except for your own personal use; (e) circumvent or disable anydigital 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 obscureany proprietary notices (including copyright notices) on any portion of the Serviceor Content. You may not offer or enable any third parties to use the Serviceusing Your account, display on any website or otherwise publish the Service orany Content obtained from a Service (other than Content created by You) orotherwise generate income from the Service or use the Service for thedevelopment, production or marketing of a service or product substantiallysimilar to the Service.
Third Party Products, Services and Content
Your use of the Service may enable you tocommunicate with various third parties, and access products and content fromsuch 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 orindirectly, for any damage or loss caused to you by your use of or reliance onany goods or services available through the third party products, services, andwebsites.
User Interactions
The Service allows you to communicate withthird parties using the Service. Any opinions, advice, statements, services,offers, or other information that constitutes part of the content expressed ormade available by third parties on the Service are those of the respectiveusers and not of Forma Vision, or its agents or employees.
Your Content
You agree that You are solely responsible forthe content (“Content”) sent or transmitted by You or displayed or uploaded byYou in using the Service and for compliance with all laws pertaining to theContent, including, but not limited to, laws requiring You to obtain theconsent of a third party to use the Content and to provide appropriate noticesof third party rights. You represent and warrant that You have the right toupload the Content to Forma Vision and that such use does not violate orinfringe on any rights of any third party. Under no circumstances will FormaVision be liable in any way for any (a) Content that is transmitted or viewedwhile using the Service, (b) errors or omissions in the Content, or (c) anyloss or damage of any kind incurred as a result of the use of, access to, ordenial of access to Content. Although Forma Vision is not responsible for anyContent, Forma Vision may delete any Content, at any time without notice toYou, if Forma Vision becomes aware that it violates any provision of thisAgreement, or any law. You retain copyright and any other rights You alreadyhold in Content which You submit, post or display on or through, the Service.
Recordings
You are responsible for compliance with allrecording laws. Any participant can choose to record Forma Vision meetings. Byusing the Service, you are giving Forma Vision consent to store recordings forany or all Forma Vision meetings that you join, if such recordings are storedin our systems. You will receive a notification (visual or otherwise) whenrecording is enabled. If you do not consent to being recorded, you can chooseto leave the meeting.
User Feedback
You agree that Forma Vision is free to use anycomments, information, ideas, concepts, reviews, or techniques or any othermaterial contained in any communication you may send to us (each, a"Submission"), without further compensation, acknowledgement orpayment to you for any purpose whatsoever including, but not limited to,developing, manufacturing and marketing products and creating, modifying orimproving the Service and our products and services. Furthermore, by postingany Submission on the Service, submitting information to us, or in respondingto questionnaires, you grant us a perpetual, non-exclusive, fully paid,royalty-free, irrevocable, sublicenseable, worldwide license and right todisplay, use, perform, reproduce, modify, distribute and create derivativeworks of the Submission or information submitted in any media, software, ortechnology of any kind now existing or developed in the future. By posting or providing a Submission orinformation, you represent and warrant that: (i) you own all right title andinterest in your Submissions or otherwise have the right to grant the licenseset forth herein, and (ii) the posting of your Submissions on or through theService 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 feesand any other monies owing any person by reason of any Submission posted by youon or through the Service.
Use Restrictions
You are solely responsible for any content andother material that you transmit to third parties over the Service.
You will not use the Service to: (a) transmitcommunications 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 FormaVision or third parties in any way; (c) impersonate any person or entity, orotherwise misrepresent your affiliation with a person or entity; (d) transmitany information that you do not have a right to transmit under any law or undercontractual or fiduciary relationships (such as inside information, proprietaryand confidential information learned or disclosed as part of employmentrelationships or under nondisclosure agreements); (e) transmit any informationthat infringes any patent, trademark, trade secret, copyright or otherproprietary right of any party; (f) transmit any unsolicited or unauthorizedadvertising, promotional materials, "junk mail," "spam,""chain letters," "pyramid schemes," or any other forms ofsolicitation; (g) transmit any material that contains software viruses or anyother computer code, files, or programs designed to interrupt, destroy, orlimit the functionality of any computer software or hardware ortelecommunications equipment; (h) interfere with or disrupt the Service or serversor networks connected to the Service, or disobey any requirements, procedures,policies or regulations of networks connected to the Service; (i) build orbenchmark a competitive product or service, or copy any features, functions orgraphics of the Service, (j) intentionally or unintentionally violate anyapplicable local, state, national or international law or regulation; (k)"stalk" or otherwise harass another; (k) collect or store personaldata about other users.
If you encounter a user on the Service thatviolates these use restrictions, please contact Forma Vision at admin@formavision.io.
Disclaimer of Warranties
YOUR USE OF THE SERVICE AND YOUR INTERACTIONWITH THIRD PARTIES USING THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "ASIS" AND "AS AVAILABLE" BASIS. FROMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS ORIMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ANDNON-INFRINGEMENT. WE DO NOT GUARANTEETHE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THESERVICE AT YOUR OWN RISK. ANYCOMMUNICATION THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK ANDYOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATATHAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL ORWRITTEN, OBTAINED BY YOU FROM FORMA VISION OR THROUGH OR FROM THE SERVICE WILLCREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMEROF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TOJURISDICTION.
Limitation of Liability
FORMA VISION WILL NOT BE LIABLE FOR ANY DIRECT,INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDINGBUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHERINTANGIBLE LOSSES (EVEN IF FORMA VISION HAS BEEN ADVISED OF THE POSSIBILITY OFTHESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL FORMA VISION’STOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THESERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUMAND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OROTHERWISE, EXCEED TEN DOLLARS ($10). BECAUSE SOME JURISIDCTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OFLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOTAPPLY TO YOU.
Copyright Infringement
If you believe that your work has been copiedor transmitted by a user of the Service in a way that constitutes copyright infringement, please contact us at admin@formavision.io and provide ourcopyright agent, in writing, the following information required by the DigitalMillennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physicalsignature of the person authorized to act on behalf of the owner of thecopyright interest; (ii) a description of the copyrighted work that you claimhas been infringed or a copy of the copyrighted work; (iii) identification ofthe user or other specific location on the Service where the material that youclaim is infringing is located; (iv) your address, telephone number, and emailaddress; (v) a statement by you that you have a good faith belief that thedisputed 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 aboveinformation in your notice is accurate and that you are the copyright owner orauthorized to act on the copyright owner’s behalf. Our agent for notice of claims of copyrightinfringement on this site can be reached using the contact information below.
Indemnity
You will indemnify and hold Forma Vision, andits subsidiaries, affiliates, officers, agents, and employees, harmless fromany 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 athird party through use of the Service.
Updates to the Service and Terms of Service
We may occasionally update the Service andthese Terms of Service. When we do, wewill revise the “last updated” date on these Terms of Service. You should check the Service and these Termsof Service frequently to see recent changes. Your continued use of the Service after such changes will be subject tothe then-current terms of service. Thisversion of these Terms of Service shall supersede all earlier versions.
Export Restrictions
You acknowledge that the Service, or a portionthereof, are subject to the Export Administration Regulations, 15 C.F.R. Parts730-774, of the United States and may be subject to other applicable countryexport control and trade sanctions laws (“Export Control and Sanctions Laws”).Forma Vision will provide the U.S. export classification(s) applicable to itsServices upon request. You may not access, use, export, re-export, divert,transfer or disclose any portion of the Service or any related technicalinformation or materials, directly or indirectly, in violation of ExportControl and Sanctions Laws. You represent and warrant that: (i) You (a) are nota citizen of, or located within, a country or territory that is subject to U.S.trade sanctions or other significant trade restrictions (including withoutlimitation 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 aperson, or owned 50% or more, individually or in the aggregate by persons,identified on the U.S. Department of the Treasury’s Specially DesignatedNationals 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 Stateproliferation-related lists; (ii) You are not a Military End Users and will notput the Service to a Military End Use, as defined in 15 C.F.R. 744.21; (iii) noContent created or submitted by You is subject to any restriction on disclosure,transfer, download, export or re-export under the Export Control and SanctionsLaws; and (iv) You will not take any action that would constitute a violationof, 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 solelyresponsible for complying with the Export Control and Sanctions Laws andmonitoring them for any modifications.
No High Risk Use
The Service is not designed or licensed for usein hazardous environments requiring fail-safe controls, including withoutlimitation operation of nuclear facilities, aircraft navigation/communicationsystems, air traffic control, and life support or weapons systems. The Serviceshall not be used for or in any HIGH RISK environment.
Legal Notices
Enforcement of these Terms of Service will begoverned by Washington law, excluding its conflict and choice of lawprinciples. The exclusive jurisdictionand venue for any claims arising out of or related to these Terms of Service oryour use of the Service will lie in the State and Federal courts located inKing County, Washington, and you irrevocably agree to submit to thejurisdiction of such courts. The failureof Forma Vision to enforce any right or provision in these Terms of Servicewill not constitute a waiver of such right or provision unless acknowledged andagreed to by Forma Vision in writing. Inthe event that a court of competent jurisdiction finds any provision of theseTerms of Service to be illegal, invalid or unenforceable, the remainingprovisions will remain in full force and effect.
Contacting Forma Vision
If you have anyquestions or concerns about the Service or these Terms of Service, please sendus a thorough description by email to info@formavision.io, or write to us at:
Omnivor, Inc.
PO Box 80504
Seattle, WA 98108