TERMS OF SERVICE
1. ACCEPTANCE OF TERMS AND ELIGIBILITY
1.1 Acceptance
By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. Your use of the Services constitutes acceptance of these Terms.1.2 Authority and Capacity
You represent and warrant that: (a) you have full legal capacity and authority to enter into these Terms; (b) if you are accepting these Terms on behalf of an organization, you have the legal authority to bind such organization; and (c) your use of the Services will comply with all applicable local, state, national, and international laws and regulations.1.3 Additional Terms
Certain features of our Services may be subject to additional terms, guidelines, or rules, which will be posted in connection with such features. All such additional terms are incorporated by reference into these Terms.1.4 Definitions
“Programs” means Formation’s structured training, coaching, mentoring, or career-preparation offerings, whether cohort-based, individual, or otherwise, as described on the Services or in a separate written agreement. Additional defined terms applicable to specific Services, such as A La Carte Sessions, are provided in applicable supplements, which are incorporated into these Terms.1.5 Separate Agreements and Document Hierarchy
If you have entered into a separate written agreement with Formation (such as an enterprise agreement, training agreement, employment agreement, or other service-specific contract), the terms of that separate agreement will prevail over these Terms to the extent of any direct conflict. These Terms will continue to apply to all matters not specifically addressed in such separate agreement.2. MODIFICATIONS TO TERMS
2.1 Right to Modify
We reserve the right to modify these Terms at any time in our sole discretion. We will provide notice of material changes by posting the updated Terms and changing the “Effective Date” above, sending you an email, or providing notice through the Services.2.2 Effect of Modifications
Unless we specify otherwise, modifications will be effective immediately upon posting. However, material changes to fees, privacy practices, or promotional-use rights will not take effect until at least fourteen (14) days after notice is provided, to give you an opportunity to review the changes before they apply. Your continued use of the Services following the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to any modification, your sole remedy is to discontinue use of the Services before the modification takes effect.3. INTELLECTUAL PROPERTY RIGHTS
3.1 Ownership
The Services and all content, features, and functionality thereof, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Formation, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.3.2 Trademarks
The Formation name, the Formation logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Formation or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.3.3 Limited License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for the purposes contemplated by your relationship with Formation. For individual users without a separate written agreement or program enrollment, this license is limited to personal, non-commercial purposes. For users enrolled in a Formation program or operating under a separate written agreement, the scope of permitted use is as described in the applicable program terms or agreement. This license does not include any right to: (a) resell or make any commercial use of the Services beyond the scope of your authorized access; (b) modify, adapt, translate, or create derivative works based on the Services; (c) use any data mining, robots, or similar data gathering or extraction methods; (d) download (other than page caching) any portion of the Services except as expressly permitted by us; or (e) use the Services other than for their intended purpose.3.4 Reservation of Rights
Except for the limited license granted above, we retain all right, title, and interest in and to the Services. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Formation or our licensors, except for the licenses and rights expressly granted in these Terms.4. USER CONTENT
4.1 Definition
“User Content” means any content that you create, submit, post, display, or otherwise make available through the Services, including text, comments, messages, information, data, graphics, photographs, videos, audio clips, screen recordings, session recordings where you participate, and any other materials.4.2 License Grant to Formation
By submitting User Content to the Services, you grant Formation a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit such User Content in connection with the Services and Formation’s business, including for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.4.3 Promotional Use
Formation may use the following categories of User Content for promotional, marketing, and educational purposes: session recordings and excerpts thereof; your name, image, and likeness; testimonials, quotes, and feedback you provide; and biographical or professional background information you have made available through the Services (collectively, “Promotional Content”). For clarity, files, documents, code, and other materials you upload solely for your own use of the Services are not Promotional Content and will not be used for promotional purposes without your separate consent.4.4 Representations and Warranties
You represent and warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing license; (b) your User Content does not and will not violate, misappropriate, or infringe upon any third party’s copyright, trademark, trade secret, privacy right, or other proprietary or intellectual property right; (c) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code; and (d) your User Content does not violate these Terms or applicable law.4.5 Monitoring and Removal
We have no obligation to monitor User Content. However, we reserve the right to: (a) remove or refuse to post any User Content for any or no reason in our sole discretion; (b) take any action with respect to any User Content that we deem necessary or appropriate; and (c) disclose your identity or other information about you to any third party who claims that User Content posted by you violates their rights.4.6 Session Recordings
When you participate in any live sessions, meetings, mentoring sessions, A La Carte Sessions, or interactive features of our Services that display a recording indicator, you acknowledge and agree that: (a) such sessions may be recorded in audio and/or video format, including screen sharing content; (b) these recordings become part of User Content and are subject to the license grant in Section 4.2 and the promotional use rights in Section 4.3; (c) Formation may use these recordings for quality assurance, training, product improvement, promotional purposes, and other business purposes as described in these Terms; (d) you will not record sessions unless explicitly permitted; and (e) you are responsible for obtaining any necessary consents from third parties who may appear in your background or screen shares.5. PROHIBITED CONDUCT
5.1 General Prohibitions
In connection with your use of the Services, you shall not:5.2 Content-Related Prohibitions
You shall not post, upload, or distribute User Content that:5.3 Technical Restrictions
You shall not:6. THIRD-PARTY CONTENT AND SERVICES
7. FEEDBACK
8. COPYRIGHT POLICY
8.1 DMCA Compliance
We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and other applicable law.8.2 Notification Procedures
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the information specified by the DMCA at: dpo@formation.dev8.3 Repeat Infringer Policy
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers.9. MENTOR SERVICES
9.1 Independent Contractor Status
Mentors providing services through our platform are independent contractors and not employees of Formation. We are not responsible for and expressly disclaim all liability for the acts, omissions, or conduct of any mentor.9.2 Direct Relationship
Your engagement with mentors creates a direct relationship between you and the mentor. Any disputes arising from mentor services must be resolved directly with the mentor.9.3 Mentor Supplement
Mentors are subject to additional terms set forth in the Mentor Supplement to these Terms, below, or by contacting dpo@formation.dev.10. FEES AND PAYMENTS
10.1 Paid Services
Certain Services, including Programs (as defined in Section 1.4) and A La Carte Sessions, may require payment of fees. All fees are as described at the time of purchase and are subject to change with notice.10.2 Payment Obligations
You agree to pay all fees associated with your use of paid Services. All fees are non-refundable except as expressly stated in these Terms, applicable supplements, or applicable laws.10.3 Payment Processing
Payments are processed through third-party payment processors. You agree to provide accurate payment information and authorize Formation and its payment processors to charge your designated payment method.10.4 Feature-Specific Terms
Additional payment terms may apply to specific Services as set forth in applicable supplements, including the A La Carte Session Supplement.11. DISCLAIMERS
11.1 “AS IS” BASIS
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FORMATION NOR ANYONE ASSOCIATED WITH FORMATION REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.11.2 DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PROVIDED BY LAW, FORMATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.11.3 JURISDICTIONAL LIMITATIONS
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.12. LIMITATION OF LIABILITY
12.1 NO INDIRECT DAMAGES
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FORMATION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.12.2 CAP ON LIABILITY
IN NO EVENT WILL FORMATION’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO FORMATION FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FORMATION, AS APPLICABLE.12.3 JURISDICTIONAL LIMITATIONS
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.13. INDEMNIFICATION
13.1 Your Indemnification Obligations
You agree to defend, indemnify, and hold harmless Formation, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) your User Content; (d) your violation of any rights of another, including intellectual property rights; or (e) any overt harmful act toward any other user of the Services with whom you connected via the Services.13.2 Procedures
Formation reserves the right to assume exclusive control of the defense and settlement of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claims.14. EQUITABLE RELIEF
15. TERM AND TERMINATION
15.1 Term
These Terms will remain in full force and effect while you use the Services. You may terminate your use of the Services at any time.15.2 Termination by Formation
We may terminate or suspend your access to all or part of the Services, without prior notice or liability, for any reason, including if you breach any of the terms or conditions of these Terms.15.3 Effect of Termination
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.16. GOVERNING LAW AND DISPUTE RESOLUTION
16.1 Governing Law
These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.16.2 Jurisdiction and Venue
Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in San Francisco County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.16.3 Waiver of Jury Trial
YOU AND FORMATION HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE SERVICES.17. GENERAL PROVISIONS
17.1 Entire Agreement
These Terms include and incorporate applicable supplements (including the A La Carte Session Supplement and Mentor Supplement), each containing feature-specific terms that apply in addition to these Terms. Together with any other agreements expressly incorporated by reference, these Terms constitute the entire and exclusive understanding and agreement between Formation and you regarding the Services, and supersede all prior oral or written understandings or agreements regarding the Services. The document hierarchy set forth in Section 1.5 governs the resolution of any conflicts among Formation’s governing documents.17.2 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Formation’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Formation may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.17.3 Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.17.4 Waiver
No waiver by Formation of any term or condition set out in these Terms 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 Formation to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.17.5 Force Majeure
Formation shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.17.6 Notices and Contact
All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and addressed to the parties as follows:17.7 Electronic Communications
You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.MENTOR SUPPLEMENT TO TERMS OF SERVICE
1. INDEPENDENT CONTRACTOR RELATIONSHIP
1.1 Classification
You acknowledge and agree that you are an independent contractor and not an employee, agent, partner, or joint venturer of Formation. Nothing in this Supplement shall be construed to create an employer-employee relationship between you and Formation.1.2 No Employment Benefits
As an independent contractor, you are not entitled to any employee benefits from Formation, including health insurance, paid time off, retirement benefits, workers’ compensation, unemployment insurance, or any other employee benefits.1.3 Control and Discretion
You retain full control over the manner and means of performing services, subject only to the general guidelines and quality standards set forth herein. You have the right to: (a) determine your own schedule and availability; (b) accept or decline any mentoring opportunity; (c) provide services to other clients; and (d) terminate this relationship at any time.2. PROFESSIONAL STANDARDS AND OBLIGATIONS
2.1 Standards of Service
You agree to:2.2 Prohibited Conduct
You shall not:2.3 Background Verification
You consent to and will cooperate with any background checks, reference checks, or verification procedures that Formation may require.2.4 Zero-Tolerance Policy for Misrepresentation
Formation’s mentor program is built on a foundation of trust and integrity. As a Mentor, you represent and warrant that all information you provide to Formation regarding your professional background, work history, employment level, qualifications, credentials, and experience is truthful, accurate, and complete. Any misrepresentation, falsification, or material omission of such information—whether discovered during onboarding, active service, or at any time thereafter—shall constitute a material breach of this Supplement and will result in immediate termination of your access to the platform and permanent removal from the Formation mentor program. This zero-tolerance policy applies without exception. Formation reserves the right to investigate any information you provide and to take action based on the results of such investigation at its sole discretion.3. COMPENSATION AND PAYMENT
3.1 Payment Terms
3.2 Tax Obligations
You are solely responsible for all taxes, including federal, state, and local income taxes, self-employment taxes, and any other taxes or fees arising from your receipt of compensation. Formation will not withhold any taxes from your compensation. You will receive appropriate tax documentation (e.g., Form 1099) as required by law.3.3 No Guaranteed Compensation
Formation makes no representations or guarantees regarding: (a) minimum compensation amounts; (b) number of available mentoring opportunities; or (c) consistency of earning opportunities.4. INTELLECTUAL PROPERTY
4.1 Work Product Ownership
All work product, materials, content, or deliverables created by you in connection with providing services through Formation’s platform shall be the sole and exclusive property of Formation. You hereby assign all right, title, and interest in such work product to Formation, including all session recordings where you appear as a mentor.4.2 License to Use Mentor Content
You grant Formation a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, distribute, and display your name, image, biographical information, and any content you provide in connection with the Services, including for promotional purposes. Formation will use reasonable efforts to notify you before prominent or public-facing promotional use when practicable, and will consider and reasonably honor requests to remove your content from future promotional materials on a prospective basis, subject to technical and practical limitations.4.3 Formation’s Intellectual Property
You acknowledge that Formation’s platform, materials, and all associated intellectual property are the exclusive property of Formation. You shall not copy, modify, distribute, or create derivative works based on Formation’s intellectual property.5. LIABILITY AND INSURANCE
5.1 Your Liability
You are solely responsible and liable for: (a) all acts, errors, and omissions in connection with your provision of services; (b) any claims, damages, or injuries arising from or related to your services; (c) maintaining appropriate professional liability insurance coverage; and (d) defending against any claims related to your services.5.2 Direct Claims
Users may pursue claims directly against you for any issues arising from your services, and Formation shall have no liability for such claims.5.3 Insurance Requirements
You agree to maintain, at your own expense, appropriate professional liability insurance.6. INDEMNIFICATION
6.1 Your Indemnification
You agree to defend, indemnify, and hold harmless Formation, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your provision of mentoring services; (b) your breach of this Supplement or Formation’s Terms of Service; (c) your violation of any applicable law or regulation; (d) your infringement of any intellectual property or other rights of any third party; or (e) any dispute between you and a user.6.2 Procedures
The indemnification procedures set forth in Formation’s Terms of Service shall apply to this indemnification provision.7. CONFIDENTIALITY
7.1 Confidential Information
You agree to maintain the strict confidentiality of all confidential information, including: (a) user personal information and data; (b) Formation’s business information, trade secrets, and proprietary methods; and (c) any non-public information accessed through Formation’s platform.7.2 Obligations
You shall: (a) use confidential information solely for providing services through Formation; (b) protect confidential information using the same degree of care you use for your own confidential information, but no less than reasonable care; and (c) not disclose confidential information to any third party.7.3 Survival
Your confidentiality obligations shall survive termination of this Supplement indefinitely, or to the maximum extent permitted by applicable laws.8. TERM AND TERMINATION
8.1 Term
This Supplement shall remain in effect until terminated by either party.8.2 Termination
Either party may terminate this relationship at any time, with or without cause, upon written notice to the other party. Notwithstanding the foregoing, Formation may terminate this relationship immediately, without prior notice, upon any breach of this Supplement or Formation’s Terms of Service, including misrepresentation of credentials or background (Section 2.4), prohibited conduct (Section 2.2), violation of confidentiality obligations (Section 7), or any conduct that Formation determines, in its sole discretion, undermines the trust and integrity of the platform.8.3 Obligations Upon Termination
Upon termination, you shall: (a) complete all accepted mentoring sessions in a professional manner; (b) submit all required documentation and feedback forms; (c) return or destroy all Formation property and confidential information; and (d) cease representing yourself as affiliated with Formation.8.4 Survival
Sections 4, 5, 6, 7, and 9 shall survive termination of this Supplement.9. DISPUTE RESOLUTION
9.1 Disputes with Users
Any disputes arising between you and users must be resolved directly between you and the user. Formation may facilitate communication but assumes no responsibility for resolution or outcomes.9.2 Disputes with Formation
Any disputes between you and Formation shall be resolved in accordance with the dispute resolution provisions in Formation’s Terms of Service.10. COMPLIANCE AND REPRESENTATIONS
10.1 Legal Compliance
You represent and warrant that: (a) you have and will maintain all necessary licenses, permits, and qualifications required to provide your services; (b) you have the legal right to work in your jurisdiction; (c) you will comply with all applicable laws, regulations, and professional standards; and (d) you have no legal restrictions preventing you from entering into this Supplement.10.2 Ongoing Obligations
You agree to immediately notify Formation of any change in your legal status, professional licenses, or ability to perform services.11. MISCELLANEOUS
11.1 Amendments
Formation may modify this Supplement upon thirty (30) days’ written notice. Your continued provision of services after such notice constitutes acceptance of the modifications.11.2 Integration
This Supplement, together with Formation’s Terms of Service, constitutes the entire agreement between you and Formation regarding your provision of mentoring services.11.3 Governing Law
This Supplement shall be governed by the laws specified in Formation’s Terms of Service.12. ACKNOWLEDGMENT
A LA CARTE SESSION SUPPLEMENT TO TERMS OF SERVICE
1. Scope and Relationship to Terms
1.1 Application
This Supplement applies to A La Carte Sessions—stand-alone sessions, events, programming, discussions, or other time-bounded offerings delivered live or asynchronously.1.2 Platform Terms and Hierarchy
All rules in the Terms (including conduct, privacy, recordings, intellectual property, and limitations of liability) apply to A La Carte Sessions unless expressly modified in this Supplement. In the event of a conflict between the Terms and this Supplement, the document hierarchy set forth in Section 1.5 of the Terms applies. This Supplement controls solely for matters specific to A La Carte Sessions and solely to the extent of a direct conflict.2. Definitions
3. Nature of A La Carte Sessions
3.1 Flexible Format; Good-Faith Delivery
Sessions may vary in structure, duration, format, Hosts, and timing. Formation may adjust elements of a Session when reasonably necessary, but will use best efforts to preserve the intended topic, purpose, and general experience.3.2 Topic Adjustments
Sessions are dynamic and may evolve. Adjustments will be justified based on operational, scheduling, or quality reasons, and Formation will use best efforts to keep the Session substantially aligned with its described intent.3.3 Use of Information
Information shared in Sessions is general and may not be suitable for all circumstances. You remain responsible for your own decisions.4. Purchases, Fees, and Access
4.1 Purchase of Access
A Ticket grants access to one Session as described at the time of purchase, subject to changes permitted in this Supplement.4.2 Payment Processing
Payments are processed through third-party processors (e.g., Stripe). Any processor-related fees (e.g., currency conversion, processing charges) may apply.4.3 Non-Transferability
Tickets are personal and non-transferable unless Formation expressly permits a transfer due to circumstances such as illness or emergencies, evaluated at Formation’s discretion.4.4 User Requirements
You are responsible for meeting the technical and environmental requirements necessary to participate.5. Session Modifications and Cancellations
5.1 Modifications (Justified + Best Efforts)
Formation may modify Session timing, format, Hosts, or emphasis when reasonably necessary (for example, unexpected Host unavailability, technical limitations, safety concerns, or operational constraints). Formation will:5.2 Cancellations
Formation may cancel a Session when justified (such as Host illness, platform outages, safety reasons, or resource challenges). Formation will communicate cancellations promptly.5.3 Applicable Law Governs
Cancellation rights and remedies apply unless applicable law provides additional or alternative rights, in which case applicable law prevails.6. Refunds and Credits
6.1 General Rule
Ticket purchases are non-refundable, unless:6.2 Formation-Initiated Cancellations Without a Suitable Alternative
If Formation cancels a Session and does not offer a reasonable alternative (such as a similar Session or another time), Formation will issue either a refund or a Session credit of equal value. Formation will choose the method unless applicable law requires otherwise.6.3 Material Rescheduling
If a Session is materially rescheduled and you cannot attend the new time, and no reasonable alternative is offered, Formation will issue a refund or credit.6.4 Situations Not Eligible for Refunds
Refunds or credits will not be provided for: failing to attend or joining late, leaving early, local or personal technical issues, minor Session adjustments, or removal under Section 10.6.5 Consumer Protection Laws
Where consumer protection laws apply (e.g., cooling-off rights, cancellation rights), those rights override this Supplement.7. Use of Session Materials
7.1 Permitted Use
Any Session materials provided are for your personal, non-commercial use unless applicable law allows otherwise (e.g., fair use).7.2 Restrictions
Reproduction, public posting, sharing, or distributing Session materials is prohibited unless permitted by Formation or required by applicable law.8. Recordings and Privacy
8.1 Recording Transparency and Consent
Some Sessions may be recorded. When recording is active, Formation will display clear and prominent recording indicators. By joining or remaining in a Session while such indicators are visible, you provide consent to the recording to the extent permitted by applicable law.8.2 Use of Recordings
Recordings may be used for the purposes described in the Terms of Service, including quality assurance, training, compliance, operational improvement, and promotional use as set forth in Section 4.3 of the Terms.8.3 Recording Availability
Recordings and transcripts, if created, are not guaranteed to be provided as part of your purchase. Any access provided is discretionary and may be time-limited.8.4 Privacy Policy
Collection and processing of Session data, including recordings, are governed by Formation’s Privacy Policy.9. Corporate or Third-Party Reimbursement
10. Conduct and Removal
10.1 Expected Conduct
You must comply with the conduct standards in the Terms.10.2 Removal
Formation may remove, restrict, or decline participation in a Session—without refund or credit—if your conduct:11. Third-Party Hosts, Venues, and Platforms
12. Additional Terms
12.1 Applicable Law
Nothing in this Supplement limits any rights guaranteed by applicable law, which take precedence where required.12.2 Dispute Resolution
Any dispute relating to A La Carte Sessions is governed by the dispute resolution, governing law, and venue provisions in the Terms, which apply in full.PRIVACY POLICY
1. CHANGES TO THIS PRIVACY POLICY
2. SUMMARY OF OUR DATA PRACTICES
3. INFORMATION WE COLLECT
3.1 Information You Provide Directly
We collect information you voluntarily provide when you:3.2 Information Collected Automatically
When you use our Services, we automatically collect:3.3 Information from Third Parties
We may receive information about you from:4. HOW WE USE YOUR INFORMATION
4.1 Primary Purposes
We use collected information to:4.2 Additional Uses
We may also use your information to:4.3 Legal Bases for Processing
We process your information based on:4.4 Contractual Processing
If you have a separate written agreement with Formation that specifies different or additional uses of your information, we may also process your information in accordance with that agreement. Such contractual provisions supersede conflicting provisions in this Privacy Policy.5. HOW WE SHARE YOUR INFORMATION
5.1 Service Providers
We share information with third-party vendors who perform services on our behalf, including payment processors, cloud storage providers, customer support platforms, analytics services, and marketing and communication tools. These providers are contractually obligated to protect your information and use it only for specified purposes.5.2 Business Transfers
If we are involved in a merger, acquisition, reorganization, or sale of assets, your information may be transferred as part of that transaction. We will notify you of any change in ownership or control.5.3 Legal Requirements
We may disclose your information when required to: comply with applicable laws, regulations, or legal processes; respond to lawful government requests (including for law enforcement or national security purposes); enforce our agreements and policies; protect our rights, property, or safety; prevent fraud or illegal activities; or address emergencies.5.4 Third-Party Applications
When you connect third-party applications to our Services, those applications may access your username and profile information, content you choose to share, and usage data related to the integration. We are not responsible for third-party privacy practices. Review their privacy policies before connecting.5.5 Aggregated and De-identified Data
We may share aggregated or de-identified information that cannot reasonably identify you for any purpose, including research, analysis, and marketing.5.6 Consent
We may share your information in other circumstances with your explicit consent.6. DATA RETENTION
6.1 Retention Periods
We retain your information for as long as necessary to: maintain your account and provide Services; comply with legal obligations; resolve disputes and enforce agreements; and support legitimate business purposes.6.2 Deletion
When retention is no longer necessary, we will securely delete or anonymize your information. Some information may be retained in backup systems for a limited period.7. DATA SECURITY
7.1 Security Measures
We implement appropriate technical and organizational measures to protect your information, including encryption of data in transit and at rest, access controls and authentication requirements, regular security assessments and updates, employee training and confidentiality obligations, and secure data centers with physical safeguards.7.2 Your Responsibilities
You are responsible for: maintaining the confidentiality of your login credentials; using strong, unique passwords; logging out when finished using shared devices; and promptly notifying us of any unauthorized access.7.3 Incident Response
If we become aware of a security incident that may compromise your personal information, we will promptly investigate, take appropriate remedial measures, and provide notice to affected users when required by applicable law and when appropriate based on the nature and risk of the incident. The timing and method of notice will be determined based on the circumstances, applicable legal requirements, and the need to coordinate with any law enforcement or regulatory investigations.7.4 Limitations
While we strive to protect your information, no security system is impenetrable. We cannot guarantee absolute security of your information.8. COOKIES AND TRACKING TECHNOLOGIES
8.1 Types of Cookies
We use:8.2 Third-Party Cookies
Third parties may place cookies when you use our Services. We do not control these cookies and encourage you to review third-party privacy practices.8.3 Your Cookie Choices
Most browsers allow you to view, delete, and block cookies; set preferences for cookie handling; and receive warnings before accepting cookies. Disabling cookies may limit Service functionality.9. YOUR PRIVACY RIGHTS AND ACCOUNT MANAGEMENT
9.1 Access and Correction
You may: request a summary of the personal information we hold about you; update or correct inaccurate information through your account settings, customer support, or by emailing dpo@formation.dev; and request a copy of your personal data in a commonly used format.9.2 Deletion
You may request deletion of your personal information or close your account. We will honor deletion requests except where we are required to retain information by law or for legitimate business purposes (such as resolving disputes or enforcing agreements). We will inform you if any such exceptions apply to your request. For the relationship between deletion requests and Promotional Content that has already been published or distributed, see Section 4.3 of the Terms of Service.9.3 Marketing Communications
You can opt out of marketing emails by using the unsubscribe link in emails, updating your account preferences, or contacting us at dpo@formation.dev. You will continue to receive transactional and service-related communications.9.4 Do Not Track
We do not currently respond to Do Not Track browser signals. However, you can manage tracking through cookie settings and third-party opt-out mechanisms.9.5 Exercising Your Rights
To exercise any privacy rights, contact us at dpo@formation.dev. We will respond to requests within 30 days. We may ask you to verify your identity before processing your request.9.6 Accuracy
You are responsible for ensuring your information remains accurate and current.10. INTERNATIONAL DATA TRANSFERS
10.1 Cross-Border Transfers
Your information may be transferred to and processed in countries other than your country of residence, including the United States, where Formation is headquartered. These countries may have different data protection laws.10.2 Transfer Safeguards
Where required by applicable law, we implement appropriate safeguards for international transfers, including standard contractual clauses, data processing agreements, and ensuring recipients provide adequate protection. For users participating in the Poland/Waymo Program, additional transfer details are set forth in the applicable annex below.11. CHILDREN’S PRIVACY
12. THIRD-PARTY LINKS AND SERVICES
13. LEGAL DISCLOSURES
14. CONTACT INFORMATION
15. GENERAL PROVISIONS
15.1 Definitions
“Personal Information”: Information that identifies, relates to, or could reasonably be linked with you.15.2 Severability
If any provision of this Privacy Policy is found to be unenforceable, the remaining provisions shall continue in full force and effect.15.3 Entire Agreement
This Privacy Policy, together with our Terms of Service, constitutes the entire agreement between you and Formation regarding the collection and use of your information, except where you have entered into a separate written agreement with Formation. In the event of a direct conflict between this Privacy Policy and a separate written agreement (such as an enterprise agreement, data processing agreement, or other service-specific contract), the separate written agreement shall govern solely with respect to its specific subject matter.Additional Privacy Notice for Participants in the Poland/Waymo Program
OUTCOMES DATA: HOW WE CALCULATE AND DISCLAIMERS
Important Context
Methodology
Disclaimers