Terms of Service

1. Agreement to Terms

By accessing or using Olfactorian ("we," "us," or "our") at olfactorian.com (the "Site") and any related services (collectively, the "Services"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

2. Eligibility

You must be at least 13 years old to use our Services. By using the Services, you represent and warrant that you meet this age requirement.

3. Account Registration

To access certain features, you may need to register for an account. You agree to:

• Provide Accurate Information: Ensure that all registration information you submit is truthful and accurate.
• Maintain Account Security: Keep your password confidential and secure.
• Update Information: Promptly update your account information as necessary.
• Accept Responsibility: Be responsible for all activities that occur under your account.

4. User Content

Our Services allow you to create, post, share, and store content, including perfumery formulas, comments, and other materials ("User Content"). You retain full ownership of all User Content you create.

4.1 Private User Content (LabSpace)

For content you keep private in your LabSpace workspace ("Private Content"), you grant us only a limited, non-exclusive, worldwide, royalty-free license to perform technical operations (e.g., storing, indexing, reformatting, backup) solely to operate the service for you. We will never use your Private Content to train AI models without your separate, explicit consent, and we treat your Private Content as confidential.

4.2 Published User Content

For content you explicitly choose to publish or share publicly ("Published Content"), including formulas submitted to competitions, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing and promoting the Services.

For competition submissions, this license may be subject to additional time limits and conditions as specified in the competition-specific terms.

4.3 Unpublishing Content

You may unpublish or delete your Published Content at any time. Once unpublished:

• Your content will be immediately removed from public display and search results
• We will cease using it for promotional or display purposes
• Your content may remain in our secure, isolated backup systems for a maximum of ninety (90) days for disaster recovery purposes before being permanently erased
• During this backup retention period, the content will not be accessible or visible to other users

4.4 Representations and Warranties

By posting User Content, you represent and warrant that:

• You own or have the necessary rights to use and share your content.
• You have the right to grant the licenses described above, including the right to publish content publicly or submit it to competitions.
• Your content does not infringe any third-party intellectual property rights, including copyrights, trademarks, patents, or trade secrets.
• Your content complies with all applicable laws and regulations.
• Your content is not defamatory, obscene, offensive, or otherwise objectionable.
• Your content does not contain viruses or any other harmful code.

5. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Illegal Purposes: Using the Services for any unlawful purpose or in violation of any local, state, national, or international law.
• Infringement: Violating or infringing upon the intellectual property rights or any other rights of anyone else.
• Harmful Content: Posting content that is harmful, fraudulent, defamatory, obscene, pornographic, or otherwise objectionable.
• Unauthorized Access: Attempting to gain unauthorized access to any part of the Services or any other user's account.
• Interference: Interfering with or disrupting the integrity or performance of the Services.
• Automated Systems: Using any robot, spider, scraper, or other automated means to access the Services for any purpose.
• Reverse Engineering: Attempting to reverse engineer or copy existing commercial fragrances.
• Spamming and Phishing: Engaging in any spamming, phishing, or other fraudulent or deceptive practices.
• Impersonation: Impersonating any person or entity or misrepresenting your affiliation with a person or entity.
• Data Mining: Collecting or harvesting any personally identifiable information, including account names, from the Services.

6. License to Use the Services

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use, subject to these Terms. All rights not expressly granted to you are reserved by Olfactorian.

7. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and disclose your personal information. By using the Services, you consent to our data practices.

8. Health and Safety Disclaimer

Important Notice:

The perfumery formulas and other content provided on the Services are for informational and educational purposes only. You acknowledge and agree that:

• No Professional Advice: The formulas and information provided are not intended as professional advice and should not be relied upon without consulting a qualified professional.
• Use at Your Own Risk: Any use of the formulas is at your own risk. You are solely responsible for ensuring that any ingredients or methods used are safe for you and others.
• Allergies and Sensitivities: We are not responsible for any allergic reactions, sensitivities, or other adverse effects that may result from using any formulas or products derived from the Services.
• Compliance with Regulations: You are responsible for complying with all applicable laws, regulations, and guidelines when creating, using, or distributing any products based on the formulas.

Limitation of Liability for Health Issues:

To the fullest extent permitted by law, Olfactorian and its affiliates shall not be liable for any claims, damages, losses, liabilities, costs, or expenses arising out of or related to any health issues, including but not limited to allergic reactions, injuries, or adverse effects resulting from the use of any formulas or content provided on the Services.

9. Termination

We reserve the right to suspend or terminate your access to the Services at any time, with or without cause or notice, for conduct that we believe violates these Terms. Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

10. Intellectual Property Rights

All content and materials on the Services, excluding User Content, are the property of Olfactorian or its licensors and are protected by intellectual property laws. You agree not to use, reproduce, or distribute any content from the Services without our prior written permission.

11. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied, including but not limited to:

• Merchantability
• Fitness for a Particular Purpose
• Non-Infringement

We do not warrant that:

• The Services will meet your specific requirements.
• The Services will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of the Services will be accurate or reliable.

12. Limitation of Liability

To the fullest extent permitted by law, Olfactorian and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages.
• Any loss of profits, data, use, goodwill, or other intangible losses resulting from:
  • Your access to or use of or inability to access or use the Services.
  • Any conduct or content of any third party on the Services.
  • Any content obtained from the Services.

Our total liability shall not exceed the amount you have paid to us in the last six (6) months or one hundred dollars ($100), whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless Olfactorian and its affiliates from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your access to or use of the Services.
• Your violation of these Terms.
• Your violation of any third-party right, including intellectual property or privacy rights.
• Any claims that your User Content caused damage to a third party.
• Health Issues: Any health issues or adverse effects resulting from your use of any formulas or content from the Services.

14. Governing Law

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

15. Dispute Resolution and Arbitration

Arbitration Agreement:

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted in San Francisco, California, in accordance with the rules of the American Arbitration Association.

Class Action Waiver:

You agree that any arbitration will be conducted in your individual capacity only and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis.

Opt-Out:

You may opt out of this arbitration agreement by notifying us in writing within 30 days of your first use of the Services.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. It is your responsibility to review the Terms periodically. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Olfactorian regarding the use of the Services and supersede any prior agreements.

19. Assignment

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

20. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

21. Contact Information

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

22. Acknowledgment

By using the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.

23. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, natural disasters, power failures, governmental restrictions, or internet disruptions.

24. Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and Olfactorian.

25. Feedback

Any feedback, comments, or suggestions you may provide regarding Olfactorian or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

26. Security

You are responsible for safeguarding your password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.

27. Storage and Data Management

We reserve the right to establish general practices and limits concerning the use of the Services, including the maximum period that data or other content will be retained.

28. Third-Party Links and Content

The Services may contain links to third-party websites or resources. We are not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services available from such websites or resources.

29. Updates to Terms

We may provide notice to you of changes to these Terms by posting a notice on the Site, sending an email to any email address you may have provided, or by any other reasonable means.

30. Language

These Terms are drafted in English. If these Terms are translated into any other language, the English language version shall prevail.

31. Interpretation

The headings in these Terms are for convenience only and have no legal or contractual effect.

32. Children's Online Privacy Protection Act (COPPA)

We do not knowingly collect or solicit personal information from anyone under the age of 13. If you believe that a child under 13 has provided us with personal information, please contact us.

33. Opt-Out Options

You may opt out of receiving promotional communications from us by following the instructions in those communications or by contacting us at [email protected].

Disclaimer: This Terms of Service is provided for informational purposes only and does not constitute legal advice. It is recommended that you consult with a qualified attorney to ensure that your Terms of Service comply with all applicable laws and are tailored to your specific business needs.

Thank you for choosing Olfactorian!