Current as of 1 September 2024
Terms & Conditions
Your privacy is important to us at Former Labs. We respect your privacy regarding any information we may collect from you across our website.
These Terms and Conditions (“Terms”) govern your access to and use of the services, websites, and applications (collectively, the “Services”) provided by Former Labs, Inc. (“Former Labs,” “we,” “us,” or “our”). By accessing or using our Services, you agree to be bound by these Terms and our Data Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not use our Services.
1. Eligibility and Acceptance of the Terms
1.1 Eligibility: To use our Services, you must be at least 18 years old or the age of majority in your jurisdiction and have the legal capacity to enter into a binding contract. By using our Services, you represent and warrant that you meet these requirements.
1.2 Acceptance: Your continued use of the Services following the posting of changes to these Terms constitutes your acceptance of such changes. If you do not agree, you must discontinue use of the Services.
2. Our Services
2.1 Service Description: Former Labs provides a data platform and related services to help you access, analyze, and derive insights from data sources you connect.
2.2 Modifications: We may modify, update, or discontinue the Services at any time, without liability to you, and with or without notice.
3. User Accounts
3.1 Account Creation: To access certain features of our Services, you may be required to create an account.
You agree to provide accurate, complete, and current information and to keep this information updated.
3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3.3 Account Usage: You are solely responsible for all activities that occur under your account and for all use of the Services by any person using your login credentials.
4. Your Obligations and Restrictions
4.1 Lawful Use: You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations.
4.2 Prohibited Conduct: You agree not to:
• Use the Services in a manner that could interfere with or disrupt the Services or servers and networks connected to the Services.
• Access or attempt to access data that does not belong to you or that you have not been authorized to view.
• Introduce viruses, Trojan horses, or other harmful software into the Services.
• Reverse-engineer, decompile, or otherwise attempt to derive the source code of any part of the Services without explicit permission.
4.3 Responsibility for Content: You represent and warrant that any data or information you provide to us in connection with the Services does not violate the rights of any third party or any applicable law.
5. Intellectual Property Rights
5.1 Ownership: All intellectual property rights in and to the Services, including but not limited to text, graphics, user interfaces, logos, trademarks, and software code, are owned by or licensed to Former Labs.
5.2 Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes.
5.3 Feedback: If you provide us with suggestions, ideas, or other feedback, you grant us a perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, and distribute such feedback without any obligation to you.
6. Data Privacy and Protection
6.1 Privacy Policy: Our Data Privacy Policy explains how we collect, use, share, and safeguard your personal information. By using the Services, you acknowledge that you have read and understand our Data Privacy Policy and agree to its terms.
6.2 Compliance with Data Protection Laws: You agree to comply with all applicable data protection laws. Where the General Data Protection Regulation (GDPR) or other similar regulations apply, you acknowledge your rights outlined in our Data Privacy Policy and our commitment to protecting your personal data.
7. Warranties and Disclaimers
7.1 No Warranty: EXCEPT AS EXPRESSLY STATED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
7.2 No Guarantee of Results: We do not guarantee that the Services will meet your requirements, be error-free, or operate without interruption. We are not responsible for any delays, failures, errors, or omissions.
8. Limitation of Liability
8.1 Exclusion of Certain Damages: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORMER LABS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOSS OF BUSINESS OPPORTUNITY, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES.
8.2 Limitation of Liability: IN NO EVENT SHALL FORMER LAB'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF THE FEES PAID BY YOU TO US FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR ONE HUNDRED U.S. DOLLARS (USD $100).
9. Indemnification
You agree to indemnify, defend, and hold harmless Former Labs and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services; (b) any data or information you submit to the Services; (c) your violation of these Terms; or (d) your violation of any applicable law or regulation.
10. Third-Party Links and Services
Our Services may contain links to third-party websites or services that are not owned or controlled by Former Labs. We assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You agree to use such links at your own risk and in compliance with any applicable third-party terms and conditions.
11. Termination
We may suspend or terminate your access to the Services at any time, with or without cause and with or without notice. Upon termination, you must cease all use of the Services. Sections regarding intellectual property, warranties and disclaimers, limitation of liability, indemnification, and governing law shall survive the termination of these Terms.
12. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or related to the Services shall be governed by and construed in accordance with the laws of the State of [State], U.S.A., without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in [County, State], and you hereby consent to the personal jurisdiction of such courts.
13. Changes to These Terms
We may modify these Terms from time to time. Any changes will be posted on our website and will become effective immediately upon posting. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes.
14. Miscellaneous
14.1 Entire Agreement: These Terms, along with the Data Privacy Policy, constitute the entire agreement between you and Former Labs regarding your use of the Services and supersede any prior agreements.
14.2 Severability: If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.
14.3 No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
14.4 Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms at any time without notice.
Further Questions?
If you have any questions about these Terms and Conditions, please contact us at: elliott@formerlabs.com
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Data Privacy Policy.
