Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement between you ("User," "you," or "your") and Formuley LLC ("Company," "we," "us," or "our") concerning your access to and use of the Formuley website, application, and services (collectively, the "Service").

By creating an account or using the Service, you represent that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, please do not use Formuley.

2. Description of Service

Formuley is a software-as-a-service (SaaS) platform that provides tools for cosmetic formulation, including but not limited to:

• Formula creation, management, and version control
• Ingredient inventory management
• Cost tracking and profit analysis
• AI-powered formula generation and assistance
• Regulatory compliance checking tools
• Label generation
• Integration with third-party e-commerce platforms
• Batch and production tracking

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update your information to keep it accurate and complete. You may not use a false identity, impersonate another person, or use an email address that you do not control.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 One Account Per Person

Each user may maintain only one free trial account. Creating multiple accounts to abuse free trials or circumvent usage limits is prohibited and may result in termination of all associated accounts.

4. Subscription and Payment Terms

4.1 Free Trial

We may offer a free trial period for new users. The trial provides access to Pro-tier features for a limited time (typically 14 days). At the end of the trial, your account will be downgraded to a free read-only state unless you subscribe to a paid plan. We reserve the right to modify or discontinue free trials at any time.

4.2 Paid Subscriptions

Paid subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected. All fees are quoted in U.S. dollars unless otherwise specified. You authorize us to charge your payment method for all fees incurred.

4.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel at any time through your account settings. Cancellation takes effect at the end of the current billing period.

4.4 Price Changes

We may change subscription prices with 30 days' notice. Price changes will take effect at the start of your next billing period. Continued use of the Service after a price change constitutes acceptance of the new price.

4.5 Taxes

Prices do not include applicable taxes. You are responsible for all taxes associated with your subscription, except for taxes based on our net income.

4.6 Refunds

Our refund policy is detailed in our Refund & Cancellation Policy. Generally, monthly subscribers may request a refund within 7 days of their first payment, and annual subscribers within 30 days.

5. Usage Limits and Fair Use

5.1 Tier-Based Limits

Your subscription tier determines certain usage limits, including the number of formulas, ingredients, AI generations, team members, and other resources. Current limits are published on our pricing page and may be updated from time to time.

5.2 AI Usage

AI features are subject to monthly and, in some cases, daily usage limits. These limits vary by subscription tier and are designed to ensure fair access for all users. Unused AI generations do not roll over to subsequent months.

5.3 Fair Use

You agree to use the Service in a manner consistent with its intended purpose. Automated access, scraping, excessive API calls, or any activity that degrades the Service for other users is prohibited. We reserve the right to throttle or suspend accounts that violate fair use principles.

6. Acceptable Use Policy

You agree NOT to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Create derivative works based on the Service without authorization
• Share account credentials with unauthorized users
• Use the Service to develop a competing product or service
• Resell or redistribute the Service without our written consent
• Generate, store, or transmit content that is illegal, harmful, or infringes intellectual property

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, and underlying technology, is owned by Formuley LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our written consent.

7.2 Your Content

You retain ownership of all data, formulas, and content you create or upload to the Service ("Your Content"). By using the Service, you grant us a limited, non-exclusive license to store, process, and display Your Content solely for the purpose of providing the Service to you. We do not claim ownership of Your Content.

7.3 AI-Generated Content

Content generated by our AI features based on your inputs belongs to you. However, similar outputs may be generated for other users with similar inputs. AI-generated content is provided "as is" without warranties of originality, accuracy, or fitness for any particular purpose.

7.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without restriction or compensation to you.

8. Disclaimers and Limitations

8.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

8.3 AI-Generated Content

AI-generated formulas, suggestions, and advice are provided for informational purposes only. You are responsible for reviewing, testing, and validating any AI-generated content before use. AI outputs may contain errors, inaccuracies, or unsuitable recommendations. Always conduct proper safety testing and consult qualified professionals when necessary.

8.4 Third-Party Integrations

The Service may integrate with third-party platforms (e.g., Shopify, Etsy). We are not responsible for the availability, accuracy, or reliability of these third-party services. Your use of third-party integrations is subject to their respective terms and conditions.

8.5 Software Tools and Information

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORMULEY LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of your data
• Any interruption or cessation of the Service
• Any errors, inaccuracies, or omissions in the Service or its content
• Any reliance on AI-generated content or compliance information
• Any third-party conduct or content on the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless Formuley LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) Your Content; or (e) any products you create, manufacture, or sell using the Service.

11. Termination

11.1 Termination by You

You may cancel your subscription and close your account at any time through your account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period.

11.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or if required by law. We may also terminate accounts that have been inactive for 12 months or more.

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will delete Your Content 30 days after account closure. You may request an export of Your Content before termination. Sections of these Terms that by their nature should survive termination will remain in effect. See our Refund & Cancellation Policy for details on data retention after cancellation.

12. Data and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of data as described in the Privacy Policy.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your account.

14. Governing Law and Disputes

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law principles.

14.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or to participate in a class action.

14.3 Exceptions

This arbitration clause does not apply to users in jurisdictions where mandatory arbitration is unenforceable under local consumer protection laws. Either party may seek injunctive relief in any court of competent jurisdiction. Claims may also be brought in small claims court if they qualify.

15. General Provisions

Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, Refund & Cancellation Policy, and any other policies referenced herein, constitute the entire agreement between you and Formuley LLC regarding the Service.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of government, internet or telecommunications failures, power outages, cyberattacks, pandemics, or other events of force majeure.

16. Contact Information

If you have any questions about these Terms of Service, please contact us at: