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Terms of Use

Last Updated: June 8, 2026

These Terms of Use govern your use of the Formic Technologies, Inc. (“Formic”) website, http://formic.co (the “Site”), any Formic desktop and mobile applications (“Apps”), and any Content (as defined below) on the Site or the Apps. We refer to the Site, the Apps, and the applicable Content as the “Platform.”

Acceptance of Terms of Use

THESE TERMS OF USE ARE ENTERED INTO BETWEEN YOU AND FORMIC. PLEASE READ THESE CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM.

BY ACCESSING AND USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO COMPLY WITH THESE TERMS OF USE, WITHOUT LIMITATION OR QUALIFICATION; IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE PLATFORM.

Cookies, Pixels, and Other Tracking Technologies

WE MAY USE COOKIES, PIXELS, AND OTHER TRACKING TECHNOLOGIES, INCLUDING THIRD-PARTY TRACKING TECHNOLOGIES (COLLECTIVELY, “ADTECH”) ON THE PLATFORM. WE USE ADTECH TO COLLECT AND PERFORM DATA ANALYTICS AND OTHER USER-RELATED ACTIVITIES, AND TO SERVE YOU WITH TARGETED ADVERTISING. BY VISITING AND USING THE PLATFORM, YOU CONSENT TO OUR USE OF ADTECH AND AGREE THAT WE MAY SHARE THE PERSONAL INFORMATION WE COLLECT ABOUT YOU THROUGH ADTECH WITH OUR THIRD-PARTY ADVERTISING AND ANALYTICS PARTNERS. FOR MORE INFORMATION ABOUT HOW WE USE ADTECH, PLEASE SEE OUR PRIVACY POLICY.

Notice of Arbitration Clause and Waiver of Jury Trial Rights

THESE TERMS OF USE ALSO CONTAIN AN AGREEMENT BY THE PARTIES TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION. YOU UNDERSTAND THAT YOU WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A COURT PROCEEDING, AND THE RIGHT TO A JURY TRIAL. PLEASE REVIEW THE ARBITRATION SECTION, AS THESE TERMS OF USE AFFECT YOUR RIGHTS.

Eligibility

The Platform is offered and available to users who are 18 years of age or older. By using the Platform, you represent and warrant that you are of legal age and capacity to form a binding contract with Formic.

1. Privacy Policy

We collect certain personal information from and about you, including when you use the Platform, apply for and purchase our services, or otherwise communicate with us. Please see our Privacy Policy for more information on how we collect, use, retain, share, and disclose your personal information.

2. Changes to These Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. If we change these Terms of Use, all changes are effective when we post them. Your continued use of the Platform following the posting of revised Terms of Use means you accept and agree to the changes.

3. Ownership of the Platform and Its Content; Intellectual Property Rights

All data, information, text, graphics, names, designs, photographs, videos, news, reports, logos, product and service names, slogans and other materials on the Site and the Apps as well as the layout and look and feel of the Site and the Apps (collectively the “Content”) is the sole and exclusive property of Formic or its licensors, as applicable. The Site, the Apps, and the Content are protected by United States and international patent, copyright, trade secret, trademark, and other intellectual property or proprietary rights laws (“Intellectual Property Rights”).

We permit you to view and download certain Content from the Site or the Apps for your personal or internal business purposes, subject to the limitations in Section 4 below. Unauthorized use of the Platform may violate our Intellectual Property Rights or the Intellectual Property Rights of others.

4. Acceptable Use Policy

This Section 4 designates our Acceptable Use Policy. You are authorized to access the Platform for the sole purpose of viewing and using the Platform on your computer or device. Your failure to abide by this Acceptable Use Policy will immediately terminate your right to access the Platform and may give rise to legal action. If you use the Platform, you must comply with the following:

5. Monitoring and Enforcement

We have the right, but not the obligation, to:

YOU WAIVE AND HOLD HARMLESS FORMIC AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FORMIC OR ITS AFFILIATES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY FORMIC, ITS AFFILIATES, OR LAW ENFORCEMENT AUTHORITIES.

6. Linking to Third Party Websites

Formic does not grant any license or other permission for links or other use of the Platform, if such use or link: (1) suggests that Formic promotes or endorses any third party’s causes, ideas, political campaigns, websites, products or services, (2) copies, displays, disseminates or otherwise uses the Content without Formic’s express written consent, (3) uses the Content for commercial purposes, or (4) otherwise does not comply with our Acceptable Use Policy.

7. Non-Endorsement

The Platform may contain links to websites on the internet that are owned and operated by third parties (the “External Websites”). Such links to External Websites are for your convenience only. You acknowledge that Formic does not endorse or assume responsibility for the availability of, or the content, or software applications located on, or through, any External Website. Accessing External Websites is at your own risk and subject to the terms and conditions of use for such websites.

8. Access to and Availability of the Platform

Formic uses third parties to host and provide the Platform. The Platform may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations.

Formic reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Platform at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service, if applicable.

Formic may change, suspend or discontinue all or any aspect of the Platform at any time, including the availability of any feature or Content, without prior notice or liability.

9. Disclaimer of Warranties

THE PLATFORM AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FORMIC MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, FORMIC DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, FORMIC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PLATFORM, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE PLATFORM.

YOU USE THE PLATFORM AND ITS CONTENT AT YOUR OWN RISK AND YOU ALONE ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE PLATFORM, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED FROM YOUR USE OF THE PLATFORM OR THE CONTENT.

FORMIC ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR: (A) ANY DAMAGES TO, OR MALWARE THAT MAY INFECT YOUR ELECTRONIC DEVICES OR OTHER PROPERTY RESULTING FROM YOUR USE OF THE PLATFORM OR YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY CONTENT; (B) ANY CONTENT AVAILABLE ON OR THROUGH THE PLATFORM OR ANY THIRD-PARTY WEBSITES LINKED TO THE PLATFORM; OR (C) ANY LOSSES OR DAMAGES ARISING FROM THE USE OF ADTECH ON THE PLATFORM.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORMIC, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, BUSINESS PARTNERS OR LICENSORS (COLLECTIVELY THE “FORMIC PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION TO THE USE OF OR INABILITY TO USE THE PLATFORM, ANY WEBSITES LINKED TO THE PLATFORM, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, ANY DAMAGES TO, OR MALWARE THAT MAY INFECT YOUR ELECTRONIC DEVICES OR OTHER PROPERTY RESULTING FROM YOUR USE OF THE PLATFORM OR YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY CONTENT FROM THE PLATFORM, LOSSES ARISING FROM USE OF ADTECH ON THE PLATFORM, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE FORMIC PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Indemnification

You hereby agree to indemnify, defend and hold the Formic Parties harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by a Formic Party in connection with any claim arising out of your use or alleged use of the Platform, any breach by you of these Terms of Use, or infringement, misuse, or misappropriation of any third party’s rights. Formic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with Formic’s defense of such claim.

12. Dispute Resolution

12.1 Good Faith Negotiations

We prefer to resolve any dispute that may arise under these Terms of Use amicably and encourage you to communicate any concerns to us at [email protected]. If we do not resolve your concerns, you may enter into the following formal Dispute resolution process. A “Dispute” is any disagreement, dispute, claim, or controversy arising out of or related to these Terms of Use, your use of the Platform, whether in contract, tort, or otherwise. Either party may attempt to resolve a Dispute through good faith negotiations. In the event of a Dispute, each party shall first send written notice of the Dispute, which includes your name, address, email address, phone number and a description of the relief you are seeking (“Dispute Notice”). Within 30 days after delivery of the Dispute Notice (unless mutually agreed by the parties), the parties shall meet virtually at a mutually acceptable date and time. At no point during this time shall either party initiate litigation or arbitration, except for Disputes subject to injunctive or other equitable relief. If the parties cannot resolve the Dispute within 60 days of the Dispute Notice, either party must then submit the Dispute to arbitration, as described below.

12.2 Waiver of Rights

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THIS COVERS ANY DISPUTE EXCEPT THE FOLLOWING:

EACH PARTY MAY PROCEED IN ANY DISPUTE ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR MASS ARBITRATION.

BY AGREEING TO THESE TERMS OF USE, YOU ARE AGREEING TO A WAIVER OF CLASS ACTIONS OR MASS ARBITRATIONS. EACH OF US IS GIVING UP CERTAIN RIGHTS INCLUDING:

12.3 Mutual Arbitration Agreement

i. Arbitration of Individual Disputes. Any Dispute which cannot be resolved through good faith negotiations, must be pursued through binding arbitration on an individual basis as described in this Section 12.3 (the “Arbitration Agreement”). The arbitration shall be administered before a single arbitrator.

ii. AAA Proceedings. Either you or Formic may bring an arbitration proceeding. All arbitrations shall be filed with and administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”). You may obtain instructions on how to file arbitration with AAA by calling AAA at 1-(800) 778-7897 or online at www.adr.org or we can assist you in contacting AAA.

iii. Scope of Arbitrator’s Decision Making. The parties agree that the arbitrator shall decide all Disputes and all related issues excluding: (a) issues expressly reserved for a court decision in these Terms of Use; (b) issues that relate to the scope, validity, and enforceability of the Arbitration Agreement, class action waiver, jury waiver or any of the dispute resolution provisions of these Terms of Use; (c) issues that relate to the arbitrability of any Dispute; (d) whether a Dispute is barred by the statute of limitations or a contractual provision in these Terms of Use; (e) issues related to the scope, application and enforceability of the waiver provisions are for the court to decide or (f) whether filing of a demand for arbitration was authorized by a party. All other issues are for the arbitrator to decide.

iv. Final and Binding Decision. The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms of Use. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties will bear the costs of the arbitration in accordance with the AAA Rules. Any arbitration proceeding may not be consolidated or joined with any other proceeding.

v. Applicability of the FAA. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement, and not state law.

vi. Confidentiality. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, subject matter, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.

vii. Survival. This Arbitration Agreement provision will survive the termination of these Terms of Use.

viii. Mass Arbitrations. If 25 or more arbitration demands asserting the same or substantially similar claims, and seeking the same or substantially similar relief are submitted to AAA with the assistance or coordination of the same law firm(s) or legal entities against either party (a “Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 10 demands per batch with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by AAA Rules in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by us, you and other claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including 10 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make good faith efforts to resolve each batch of demands within 180-days, failing which any party may cease arbitration and file in a court of competent jurisdiction.

ix. Appointment of Arbitrator for Batch Proceedings; Procedural Arbitrators. Arbitrators will be selected in accordance with the applicable AAA Rules. The arbitrator will determine the location for each batch proceeding. The parties agree to cooperate in good faith with each other and with AAA to implement a “batch approach” to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA in its discretion, for each batch of demands.

The parties shall cooperate with each other and with AAA to establish any other processes or procedures that will provide for an efficient resolution of any claims. If the parties cannot agree on a batching process, the parties agree that AAA shall appoint a procedural arbitrator. This “Batch Arbitration” provision shall not increase the number of demands necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorizing class arbitration of any kind.

Formic does not agree or consent to class arbitration, mass arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances. The parties agree that this batching provision is critical to this Arbitration Agreement. If the batching provision in this Section 12.3(ix) is found to be invalid, unenforceable or illegal, then Section 12.3(ix) shall be null and void, and neither party shall be entitled to arbitrate any claim that is a part of the Mass Filing.

x. Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to a AAA mediator selected from a group of 5 mediators initially proposed by AAA. Formic and the counsel for the remaining claimants have the right to strike one mediator and then rank the remaining mediators and the highest collectively ranked mediator being selected.

The selected mediator is responsible for attempting to resolve the Dispute in the Mass Filing. The parties will then have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either we or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither party opts out and they cannot agree to a method for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

xi. Opt-Out. If you wish to opt-out of this Arbitration Agreement, you must provide us your notice to opt-out within 30 days of the first date you visit or use our Platform. You must send us a letter stating: “Request to Opt-Out of Agreement to Arbitrate” to:

Formic Technologies, Inc.
ATTN: Legal Department
309 E. Crossroads Parkway
Bolingbrook, IL 60440

If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will still apply to you. This opt-out does not apply to the class action waiver in Section 12.2.

xii. Modification. If we modify this Arbitration Agreement, you may reject that change by sending us written notice within thirty (30) days of our posting of the change, in which case you must stop using the Platform.

xiii. Enforceability. IF THIS CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, NEITHER PARTY MAY USE ARBITRATION TO RESOLVE DISPUTES UNDER THESE TERMS OF USE AND ALL DISPUTES WILL BE RESOLVED THROUGH LITIGATION.

xiv. Applicable Law. Illinois law applies to any arbitration under this Arbitration Agreement, but the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement.

13. Feedback

Formic welcomes comments regarding the Platform, our products and services. If you submit comments or feedback to us regarding the Platform or our products and services, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you. To the fullest extent allowed by law, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such Feedback in any manner, including in connection with our operations.

14. Social Media

We may provide links to our social media pages (e.g., Facebook, LinkedIn, X, Instagram, TikTok, Reddit, YouTube, etc.) on the Platform. Because anyone may post or tag on social media pages, posts do not necessarily reflect our views. We reserve the right to remove anything from our social media pages in our sole discretion. We may also take steps to block users from access to our social media pages who violate these Terms of Use or the terms of the social media platform. If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on a social media page, that is not an endorsement of that third party or any product, service or company they represent.

15. International Users

The Platform is hosted on servers located in the United States. We reserve the right to host the Platform on servers located in countries other than the United States. We do not guarantee that the Platform or the sale of our services are permitted in any country outside of the United States, and we may refuse any orders or applications from outside of the United States in our sole discretion.

16. Special Terms for Apps Distributed Through the Apple App Store or Google Play

16.1 Acknowledgement

Formic owns and maintains a mobile application as a part of our services (the “App”). This Section 16 applies to your downloading and use of the App. For more information and additional terms, please review your applicable agreements with us (collectively with this Section 16, the “App Agreements”). The App may be available through the Apple App Store or Google Play. You understand that the App Agreements are between you and Formic, and not with Apple Inc. or Google, Inc. (each an “App Distributor”). Formic, not an App Distributor, is solely responsible for the App. In the event that the rules and restrictions in the App Agreements related to your use of the App conflict with the terms and conditions provided by the applicable App Distributor, the App Distributor’s terms shall control.

16.2 Scope of License

The licenses granted to you for the App in the App Agreements are solely for use by you on a device that utilizes the Apple iOS or Android operating system, in accordance with the applicable App Distributor’s terms and conditions.

16.3 Maintenance and Support

Formic is solely responsible for providing any App maintenance and you agree that the App Distributor has no obligation to furnish any App maintenance and support.

16.4 Warranty

Formic is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in the App Agreements. In the event the App fails to conform to any applicable warranty, you may notify the App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Formic’s sole responsibility.

16.5 Product Claims

You and Formic acknowledge that Formic, not an App Distributor, is responsible for addressing any claims that you or any third party have relating to the App, including any (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) any claim arising under consumer protection, privacy, or similar legislation.

16.6 Intellectual Property Rights

Formic, not the App Distributor, will be solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claims related to the use of the App and you must comply with applicable App Distributor terms when using the App.

16.7 Third-Party Beneficiary

You agree that the App Distributors, and their subsidiaries, are third party beneficiaries to the App Agreements as applicable to the App, and that, upon your acceptance of the App Agreements, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the App Agreements (as applicable) against you as a third-party beneficiary thereof.

17. Miscellaneous

17.1 Entire Agreement

The Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

17.2 Governing Law; Venue

These Terms of Use are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Except for claims subject to arbitration or small claims court, any claim related to any Dispute arising as a result of the Platform or under these Terms of Use will be made before a court of competent jurisdiction located in Chicago, Illinois. Except with regard to Disputes which are subject to arbitration or small claims court under these Terms of Use, venue for any other Dispute arising under these Terms of Use is exclusively in the state or federal courts located in Cook County, Illinois. You expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Platform or these Terms of Use must be commenced within one year after the cause of action or claim arises.

17.3 Third Party Beneficiaries

Other than the Formic Parties, these Terms of Use do not confer any rights, remedies, or benefits upon any person other than you and Formic.

17.4 Headings

Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.

17.5 Waiver

No waiver by Formic of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Formic to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

17.6 Severability

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

17.7 Assignment

Formic may assign, transfer, or subcontract any of our rights or obligations under these Terms of Use to any third party at our discretion.

18. Contact Us

If you have any questions about these Terms of Use, please contact us at [email protected].