Terms & Conditions
Terms & Conditions
Last updated: October 1, 2024
Thank you for using Potion AI! By accessing or using our platform (the “Services”), you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy. Please read these Terms carefully before using the Services. If you do not agree with any part of these Terms, please refrain from using our Services.
Last updated: October 1, 2024
Thank you for using Potion AI! By accessing or using our platform (the “Services”), you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy. Please read these Terms carefully before using the Services. If you do not agree with any part of these Terms, please refrain from using our Services.
1. Acceptance of Terms
1. Acceptance of Terms
By accessing or using the services provided by Potion AI, Inc. ("Potion AI," "we," "us," or "our"), you ("User") acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.
By accessing or using the services provided by Potion AI, Inc. ("Potion AI," "we," "us," or "our"), you ("User") acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.
2. Electronic Agreement and Communications
2. Electronic Agreement and Communications
By clicking "I Agree," "Sign Up," or similar affirmations during the registration process or when prompted on the Services, you are entering into a legally binding agreement electronically. You consent to receive communications from us electronically, such as emails, newsletters, or notices posted on the Services, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
By clicking "I Agree," "Sign Up," or similar affirmations during the registration process or when prompted on the Services, you are entering into a legally binding agreement electronically. You consent to receive communications from us electronically, such as emails, newsletters, or notices posted on the Services, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Eligibility and Intended Use
3. Eligibility and Intended Use
3.1 Eligibility
To use our Services, you must be at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3.2 Intended Audience
Our Services are designed primarily for business-to-business (B2B) interactions and professional use. However, individuals may access certain publicly available features for personal, non-commercial purposes, such as researching beauty products and ingredients.
3.1 Eligibility
To use our Services, you must be at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3.2 Intended Audience
Our Services are designed primarily for business-to-business (B2B) interactions and professional use. However, individuals may access certain publicly available features for personal, non-commercial purposes, such as researching beauty products and ingredients.
4. Account Registration and Security
4. Account Registration and Security
4.1 Account Creation
To access certain features of our Services, you may need to create an account. You agree to provide accurate and complete information during the registration process and to update such information as necessary to keep it accurate and complete.
4.2 Account Security
You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4.1 Account Creation
To access certain features of our Services, you may need to create an account. You agree to provide accurate and complete information during the registration process and to update such information as necessary to keep it accurate and complete.
4.2 Account Security
You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
5. License to Use the Services
5. License to Use the Services
5.1 Grant of License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or internal business purposes.
5.2 Restrictions on Use
You agree not to:
Copy, modify, or create derivative works based on the Services or any content provided on the Services.
Reverse engineer, decompile, or attempt to extract the source code of the Services or any part thereof.
Use the Services to develop a competing service or product.
Circumvent any access or use restrictions implemented to prevent certain uses of the Services.
Use any automated means, including robots, spiders, or scraping techniques, to access or collect data from the Services without our express written permission.
Engage in any activity that interferes with or disrupts the Services or the servers and networks connected to the Services.
5.1 Grant of License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or internal business purposes.
5.2 Restrictions on Use
You agree not to:
Copy, modify, or create derivative works based on the Services or any content provided on the Services.
Reverse engineer, decompile, or attempt to extract the source code of the Services or any part thereof.
Use the Services to develop a competing service or product.
Circumvent any access or use restrictions implemented to prevent certain uses of the Services.
Use any automated means, including robots, spiders, or scraping techniques, to access or collect data from the Services without our express written permission.
Engage in any activity that interferes with or disrupts the Services or the servers and networks connected to the Services.
6. Intellectual Property Rights
6. Intellectual Property Rights
6.1 Ownership
All rights, titles, and interests in and to the Services and its content, including but not limited to text, graphics, logos, icons, images, and software, are the exclusive property of Potion AI or its licensors and are protected by applicable intellectual property laws.
6.2 Trademarks
"POTION AI," our logos, and any other product or service name or slogan contained on the Services are trademarks of Potion AI and its affiliates. You may not use such marks without our prior written permission.
6.1 Ownership
All rights, titles, and interests in and to the Services and its content, including but not limited to text, graphics, logos, icons, images, and software, are the exclusive property of Potion AI or its licensors and are protected by applicable intellectual property laws.
6.2 Trademarks
"POTION AI," our logos, and any other product or service name or slogan contained on the Services are trademarks of Potion AI and its affiliates. You may not use such marks without our prior written permission.
7. User Content and Ownership
7. User Content and Ownership
7.1 User Content
You may submit or upload content to our Services, such as search queries, formulas, product specifications, or other materials ("User Content"). You are solely responsible for your User Content and the consequences of submitting it.
7.2 Ownership of User Content and Output
Your Rights: You retain all rights and ownership in your User Content.
Output Ownership: You own any outputs generated by our Services based on your User Content ("Output"), to the extent permitted by applicable law.
7.3 License to Potion AI
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content solely for the purposes of:
Providing, maintaining, and improving our Services.
Sharing certain information with suppliers as described in Section 8 below and in our Privacy Policy.
Complying with legal obligations and enforcing our rights.
Ensuring the security and integrity of our Services.
7.4 Aggregated and Anonymized Data
We may generate aggregated and anonymized data from your User Content and interactions with our Services. This data will not identify you personally and may be used by us for any lawful purpose, including improving our Services and sharing with third parties.
7.5 Similarity of Output
Due to the nature of artificial intelligence technologies, similar or identical outputs may be generated for different users. Our assignment of ownership to you in the Output does not prevent us from using the same or similar Output for other users.
7.1 User Content
You may submit or upload content to our Services, such as search queries, formulas, product specifications, or other materials ("User Content"). You are solely responsible for your User Content and the consequences of submitting it.
7.2 Ownership of User Content and Output
Your Rights: You retain all rights and ownership in your User Content.
Output Ownership: You own any outputs generated by our Services based on your User Content ("Output"), to the extent permitted by applicable law.
7.3 License to Potion AI
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content solely for the purposes of:
Providing, maintaining, and improving our Services.
Sharing certain information with suppliers as described in Section 8 below and in our Privacy Policy.
Complying with legal obligations and enforcing our rights.
Ensuring the security and integrity of our Services.
7.4 Aggregated and Anonymized Data
We may generate aggregated and anonymized data from your User Content and interactions with our Services. This data will not identify you personally and may be used by us for any lawful purpose, including improving our Services and sharing with third parties.
7.5 Similarity of Output
Due to the nature of artificial intelligence technologies, similar or identical outputs may be generated for different users. Our assignment of ownership to you in the Output does not prevent us from using the same or similar Output for other users.
8. Data Sharing with Suppliers
8. Data Sharing with Suppliers
Potion AI acts as a vertical search engine for cosmetic ingredients. Through our various offerings—including natural-language ingredient search, deformulation, and regulatory compliance—we aim to help users find the best ingredients for their application needs. Chemical suppliers are key stakeholders in our ecosystem, and our business model involves sharing data with them on potential prospects and leads among our Users to facilitate meaningful connections. These activities are considered legitimate interests of Potion AI. By using our Services, you agree to these data uses. For more details on how we handle your data, please refer to our Privacy Policy.
Potion AI acts as a vertical search engine for cosmetic ingredients. Through our various offerings—including natural-language ingredient search, deformulation, and regulatory compliance—we aim to help users find the best ingredients for their application needs. Chemical suppliers are key stakeholders in our ecosystem, and our business model involves sharing data with them on potential prospects and leads among our Users to facilitate meaningful connections. These activities are considered legitimate interests of Potion AI. By using our Services, you agree to these data uses. For more details on how we handle your data, please refer to our Privacy Policy.
9. Communications and Newsletters
9. Communications and Newsletters
By creating an account or providing your email address, you agree that we may send you informational and promotional emails. You can opt out of receiving such communications at any time by following the unsubscribe instructions provided in the emails or by contacting us.
By creating an account or providing your email address, you agree that we may send you informational and promotional emails. You can opt out of receiving such communications at any time by following the unsubscribe instructions provided in the emails or by contacting us.
10. Supplier Content and Third-Party Materials
10. Supplier Content and Third-Party Materials
10.1 Supplier Content
Our Services may include content provided by chemical suppliers ("Supplier Content"), such as ingredient information, product descriptions, and documentation. Supplier Content is provided for your convenience and information.
10.2 No Endorsement
We do not endorse or assume any responsibility for any Supplier Content or third-party materials available on our Services. Your use of Supplier Content is at your own risk.
10.3 Access Restrictions
We may, at our discretion, restrict access to certain Supplier Content based on your professional role, affiliations, or at the request of the supplier. You agree not to attempt to bypass any such restrictions.
10.1 Supplier Content
Our Services may include content provided by chemical suppliers ("Supplier Content"), such as ingredient information, product descriptions, and documentation. Supplier Content is provided for your convenience and information.
10.2 No Endorsement
We do not endorse or assume any responsibility for any Supplier Content or third-party materials available on our Services. Your use of Supplier Content is at your own risk.
10.3 Access Restrictions
We may, at our discretion, restrict access to certain Supplier Content based on your professional role, affiliations, or at the request of the supplier. You agree not to attempt to bypass any such restrictions.
11. Third-Party Links and Affiliate Programs
11. Third-Party Links and Affiliate Programs
Our Services may contain links to third-party websites or resources, including affiliate links. If you click on an affiliate link and make a purchase, we may receive a commission at no additional cost to you. We provide these links for your convenience only and are not responsible for the content, products, or services on or available from those websites or resources. Your dealings with third parties are solely between you and such third parties.
Our Services may contain links to third-party websites or resources, including affiliate links. If you click on an affiliate link and make a purchase, we may receive a commission at no additional cost to you. We provide these links for your convenience only and are not responsible for the content, products, or services on or available from those websites or resources. Your dealings with third parties are solely between you and such third parties.
12. Prohibited Conduct
12. Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
Violating any applicable laws or regulations.
Infringing upon the rights of others, including intellectual property rights.
Transmitting any harmful or disruptive code, such as viruses or malware.
Interfering with the proper functioning of the Services.
Attempting to gain unauthorized access to any part of the Services or its related systems.
Collecting or harvesting any personal information from the Services without proper consent.
Posting or transmitting any unlawful, defamatory, or obscene content.
Engaging in any activity that could damage, disable, or impair the Services.
You agree not to engage in any of the following prohibited activities:
Violating any applicable laws or regulations.
Infringing upon the rights of others, including intellectual property rights.
Transmitting any harmful or disruptive code, such as viruses or malware.
Interfering with the proper functioning of the Services.
Attempting to gain unauthorized access to any part of the Services or its related systems.
Collecting or harvesting any personal information from the Services without proper consent.
Posting or transmitting any unlawful, defamatory, or obscene content.
Engaging in any activity that could damage, disable, or impair the Services.
13. Feedback and Suggestions
13. Feedback and Suggestions
If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you acknowledge that:
Your Feedback is provided voluntarily and without any obligation of confidentiality.
We are free to use, disclose, reproduce, modify, license, transfer, and otherwise distribute and exploit the Feedback as we see fit, without any obligation to you.
If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you acknowledge that:
Your Feedback is provided voluntarily and without any obligation of confidentiality.
We are free to use, disclose, reproduce, modify, license, transfer, and otherwise distribute and exploit the Feedback as we see fit, without any obligation to you.
14. Disclaimer of Warranties
14. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POTION AI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POTION AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POTION AI DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, POTION AI'S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM POTION AI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POTION AI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POTION AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POTION AI DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, POTION AI'S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM POTION AI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15. Limitation of Liability
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POTION AI SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
IN NO EVENT SHALL POTION AI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POTION AI SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
IN NO EVENT SHALL POTION AI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
16. Indemnification
16. Indemnification
You agree to indemnify and hold harmless Potion AI, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
Your use or misuse of the Services.
Your violation of these Terms.
Your violation of any rights of another, including intellectual property rights.
You agree to indemnify and hold harmless Potion AI, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
Your use or misuse of the Services.
Your violation of these Terms.
Your violation of any rights of another, including intellectual property rights.
17. Termination
17. Termination
17.1 Termination by You
You may discontinue your use of the Services at any time.
17.2 Termination by Potion AI
We reserve the right to suspend or terminate your access to the Services at any time, with or without cause or notice.
17.3 Effect of Termination
Upon termination, your rights under these Terms will immediately cease. Sections that by their nature should survive termination shall continue to be in effect, including but not limited to Sections 7, 14, 15, and 16.
17.1 Termination by You
You may discontinue your use of the Services at any time.
17.2 Termination by Potion AI
We reserve the right to suspend or terminate your access to the Services at any time, with or without cause or notice.
17.3 Effect of Termination
Upon termination, your rights under these Terms will immediately cease. Sections that by their nature should survive termination shall continue to be in effect, including but not limited to Sections 7, 14, 15, and 16.
18. Governing Law and Jurisdiction
18. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in New York, New York.
These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in New York, New York.
19. Dispute Resolution and Arbitration
19. Dispute Resolution and Arbitration
Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted in New York, New York, in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs, and the arbitration decision shall be final and binding.
Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted in New York, New York, in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs, and the arbitration decision shall be final and binding.
20. Changes to the Terms and Services
20. Changes to the Terms and Services
20.1 Modifications to Terms
We may revise these Terms from time to time. If we make material changes, we will notify you by updating the date at the top of the Terms and, if necessary, provide additional notice. Your continued use of the Services after any changes indicates your acceptance of the new Terms.
20.2 Modifications to Services
We reserve the right to modify or discontinue the Services or any features offered at any time without notice.
20.1 Modifications to Terms
We may revise these Terms from time to time. If we make material changes, we will notify you by updating the date at the top of the Terms and, if necessary, provide additional notice. Your continued use of the Services after any changes indicates your acceptance of the new Terms.
20.2 Modifications to Services
We reserve the right to modify or discontinue the Services or any features offered at any time without notice.
21. Force Majeure
21. Force Majeure
We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor conditions, power failures, or internet disturbances.
We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor conditions, power failures, or internet disturbances.
22. Miscellaneous
22. Miscellaneous
22.1 Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Potion AI regarding the use of the Services.
22.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
22.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
22.4 Assignment
You may not assign any rights or delegate any obligations under these Terms without our prior written consent. We may assign our rights and obligations without consent.
22.1 Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Potion AI regarding the use of the Services.
22.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
22.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
22.4 Assignment
You may not assign any rights or delegate any obligations under these Terms without our prior written consent. We may assign our rights and obligations without consent.
23. Privacy and Data Protection
23. Privacy and Data Protection
Your use of the Services is also subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Services, you consent to the practices described in the Privacy Policy.
Your use of the Services is also subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Services, you consent to the practices described in the Privacy Policy.
24. Contact Information
24. Contact Information
If you have any questions or concerns about these Terms or the Services, please contact us at:
Potion AI, Inc.
Address: 2261 Market Street #4543, San Francisco, CA 94114
Email: support@potion.ai
By using our Services, you acknowledge that you have read, understood, and agree to these Terms of Use.
If you have any questions or concerns about these Terms or the Services, please contact us at:
Potion AI, Inc.
Address: 2261 Market Street #4543, San Francisco, CA 94114
Email: support@potion.ai
By using our Services, you acknowledge that you have read, understood, and agree to these Terms of Use.
© Potion AI, Inc. 2024