Terms of Service

Kemulate is provided strictly on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, Kemulate disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We make no guarantee of: uptime; uninterrupted service; error-free operation; data preservation; data recovery; performance of any feature, integration, advertisement, marketplace listing, supplier listing, education module, or AI service.

Kemulate is not a backup service. You are solely responsible for maintaining independent copies and backups of your formulas, documents, specifications, SOPs, batch records, reports, manufacturing records, customer data, supplier data, financial data, and any other business information stored on the platform. Deleted data may not be recoverable. Account deletion may permanently remove information. Backups may fail or may not be restorable. We recommend regularly exporting and storing copies of your business-critical data outside Kemulate.

Kemulate employs commercially reasonable administrative, technical, and physical security measures designed to protect the platform and the content stored within it, including encryption in transit, role-based access controls, workspace isolation, audit logging, and continuous monitoring. However, no software platform, network, cloud service, integration, or security program — no matter how robust — can guarantee absolute security, and Kemulate expressly disclaims any such guarantee. You acknowledge and agree that Kemulate shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, losses, claims, costs, or expenses of any kind arising out of or relating to: data breaches; cyberattacks; ransomware; phishing; credential theft; unauthorized access; account takeover; system failures; outages; software defects, bugs, or vulnerabilities; synchronization, replication, or caching errors; access-control, permission, role, or sharing errors; routing or rendering errors; misconfiguration; integration or API failures; human error by you, your personnel, your collaborators, or any third party; failures or acts of third-party hosting, infrastructure, AI, analytics, payment, communications, or other service providers; or malicious activity by any party. Without limiting the generality of the foregoing, Kemulate shall not be liable for damages arising from any situation in which formulas, formula percentages, ingredient information, documents, specifications, SOPs, reports, dashboards, communications, messages, manufacturing records, batch records, quality records, regulatory records, financial information, pricing, customer data, supplier data, partner data, marketplace listings, advertising materials, education materials, Ask KI inputs or outputs, or any other workspace content are unintentionally displayed, transmitted, exported, downloaded, printed, synchronized, replicated, indexed, cached, logged, surfaced, recommended, shared, or otherwise made accessible to unintended users, workspaces, organizations, partners, integrations, search engines, AI systems, or third parties as a result of software defects, system failures, security incidents, configuration issues, permission or access-control errors, integrations, exports, human error, malicious activity, or any other cause. You are responsible for: protecting your credentials and multi-factor authentication devices; promptly removing access from former personnel; configuring workspace, role, sharing, integration, export, and visibility settings appropriately; reviewing audit logs; and notifying Kemulate promptly of any suspected unauthorized access.

You retain ownership of the content you upload, create, or generate on Kemulate ("Your Content"). You grant Kemulate a worldwide, non-exclusive, royalty-free license to host, copy, process, store, display, transmit, back up, and otherwise use Your Content solely as necessary to operate, provide, secure, and improve the platform and the services you request. You represent that you have all rights necessary to upload Your Content and to grant this license and that Your Content does not violate any law or third-party right.

You must provide accurate information and keep your credentials secure. We may suspend or terminate accounts for any violation of these Terms, our Acceptable Use Policy, or applicable law, with or without notice. We may also discontinue accounts for non-payment or prolonged inactivity.

Kemulate may, at its sole discretion and at any time, modify, replace, discontinue, or remove features, modules, integrations, marketplaces, listings, advertising inventory, or services. We may change pricing, plans, package names, storage limits, advertising placements, sponsorship rules, and service offerings. Where reasonably feasible, we will provide notice of material changes.

Kemulate does not guarantee formula safety, regulatory compliance, manufacturing success, product stability, preservative effectiveness, label compliance, ingredient compatibility, or commercial results. Outputs from calculators, suggestion engines, AI tools, supplier directories, and educational content are informational only and are not a substitute for qualified professional advice or independent testing. You are fully and solely responsible for: product testing; stability testing; challenge and preservative efficacy testing; regulatory compliance; ingredient sourcing decisions; labeling and claims; manufacturing and GMP; safety assessments; recalls; and all final product decisions.

Kemulate may connect you with suppliers, manufacturers, consultants, chemists, labs, designers, advertisers, associations, educators, and other third parties. Kemulate is not a party to any agreement between you and a third party and does not guarantee their qualifications, certifications, licenses, product quality, service quality, or compliance. All transactions and disputes with third parties are solely between you and that party. See our Marketplace Terms and Partner Terms.

To the maximum extent permitted by law, Kemulate, its affiliates, parents, subsidiaries, successors, assigns, officers, directors, employees, agents, contractors, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss, claim, cost, or expense arising from or relating to: data loss, corruption, or unauthorized disclosure; loss of formulas, formula percentages, manufacturing processes, batch records, specifications, SOPs, quality records, or other workspace content; loss of trade secrets, know-how, confidential information, or intellectual property value; product recalls, withdrawals, holds, or destruction; manufacturing failures, batch failures, contamination, out-of-specification results, or production downtime; regulatory actions, investigations, fines, warning letters, or enforcement proceedings; compliance failures or labeling errors; marketplace disputes; Expert Network disputes; supplier, manufacturer, lab, distributor, or consultant disputes; advertising performance or placement issues; AI errors, hallucinations, omissions, or Ask KI outputs; business interruption; loss of revenue, profits, savings, or anticipated benefits; loss of goodwill or reputation; loss of customers, contracts, or opportunities; third-party claims; or reliance on any platform output, recommendation, calculation, report, dashboard, or integration. In all cases, Kemulate's aggregate liability arising out of or relating to these Terms or your use of the platform shall not exceed the total fees actually paid by you to Kemulate during the twelve (12) months immediately preceding the event giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability is limited to the greatest extent permitted by law.

You agree to indemnify and hold harmless Kemulate from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising out of: your use of the platform; Your Content; your products, formulas, or manufacturing; your interactions with third parties on or through the platform; or your violation of these Terms or applicable law.

Ask KI™ is an automated analysis assistant that reviews data already stored in your Kemulate workspace (formulas, ingredients, quality records, inventory, manufacturing, etc.) and returns informational insights, suggestions, and structured reviews. Ask KI is NOT a chatbot, NOT a regulatory authority, NOT a toxicologist, NOT a medical or scientific advisor, and NOT a substitute for qualified professional, regulatory, safety, toxicological, medical, formulation, or manufacturing advice. Ask KI outputs are generated by automated systems and large language models and: • may be inaccurate, incomplete, outdated, or simply wrong; • may contain errors, omissions, miscalculations, or misinterpretations of your data; • may contain hallucinations — content that appears plausible but is fabricated, unsupported, or not present in your workspace; • may produce unsafe, non-compliant, or commercially inadvisable recommendations; • are provided strictly for informational and decision-support purposes; and • do not constitute regulatory, legal, scientific, toxicological, formulation, manufacturing, quality, safety, medical, or other professional advice. You are fully and solely responsible for independently reviewing, validating, and testing every formula, ingredient choice, percentage, claim, label, manufacturing process, quality decision, and regulatory requirement before acting on any Ask KI output. Do not rely on Ask KI as your sole source of truth. Ask KI runs on a credit system. Each plan includes a monthly Ask KI credit allocation set at Kemulate's discretion. Credits are consumed when KI actions are performed and may be adjusted, reset, withdrawn, or modified by Kemulate at any time. Unused credits do not roll over unless expressly stated. Additional credits, when offered, are non-refundable. Kemulate may change the available KI actions, credit costs, monthly allocations, supported plans, underlying AI providers, and feature availability at any time without notice. To deliver Ask KI features, relevant workspace data may be processed by third-party AI providers. By using Ask KI you consent to this processing. Kemulate may retain Ask KI inputs, outputs, and interaction history for quality improvement, abuse prevention, and support purposes. Do not submit data through Ask KI that you do not have the right to process under this Section. To the maximum extent permitted by law, Kemulate has no liability for any decision, action, formula, product, claim, recall, regulatory consequence, manufacturing outcome, financial loss, or harm based in whole or in part on Ask KI output, including AI errors, hallucinations, or omissions. See also the AI Disclaimer.

Kemulate may collect, generate, derive, aggregate, anonymize, de-identify, and otherwise process platform data for the operation, improvement, and commercialization of its products and services. Subject to the protections below, Kemulate may use such aggregated, anonymized, and non-identifiable data for: industry benchmarking; analytics; product development; market research; intelligence products; reports and insights; commercial data products; affiliated products and services now offered or developed in the future; and other lawful business purposes. **Platform Intelligence & Commercial Data Products** Kemulate may analyze, derive, aggregate, anonymize, de-identify, benchmark, model, and otherwise process platform activity, operational metrics, ingredient usage trends, purchasing trends, supplier engagement trends, manufacturing trends, quality trends, pricing trends, inventory trends, product category trends, business performance trends, and other non-identifiable information to create reports, analytics, benchmarks, intelligence products, market insights, regulatory intelligence products, forecasting tools, commercial data products, and other services. Such information may be used by or incorporated into Kemulate™, KosIndex™, KosFlux™, KosGlamorate™, affiliated entities, subsidiaries, successors, future products, future services, partners, customers, advertisers, researchers, industry organizations, and commercial subscribers. For clarity, Kemulate may use platform-wide information to identify and report on trends such as: • Ingredient demand trends • Supplier activity trends • Product category trends • Pricing trends • Manufacturing trends • Market trends • Industry benchmarks • Regulatory trends • Operational benchmarks • Inventory trends • Procurement trends provided that such information is aggregated, anonymized, de-identified, or otherwise processed so that it cannot reasonably identify a specific user, company, brand, formula, manufacturing process, customer, supplier, or proprietary business operation. Nothing in this section authorizes Kemulate to intentionally disclose, sell, publish, license, distribute, or provide direct access to proprietary formulas, formula percentages, manufacturing processes, trade secrets, confidential workspace documents, customer lists, supplier contracts, or other confidential business information in identifiable form. YOUR PROPRIETARY DATA WILL NOT BE SOLD, PUBLISHED, SHARED, OR MADE ACCESSIBLE TO OTHER USERS. Specifically, your formulas, proprietary formulations, manufacturing processes, customer lists, supplier contracts, pricing terms, trade secrets, and other confidential business information are not, and will not be, sold, published, syndicated, licensed, or made directly accessible to other Kemulate users, third parties, advertisers, partners, or affiliates in any identifiable form. Kemulate may only use data in aggregated, anonymized, or otherwise non-identifiable form — meaning data that cannot reasonably be used, alone or in combination with other available information, to identify a specific company, brand, formula, product, manufacturing process, customer, supplier, or user. Where required by applicable law, Kemulate will apply industry-standard de-identification and aggregation techniques before any external use. You grant Kemulate a perpetual, worldwide, royalty-free, sublicensable, and irrevocable license to use, reproduce, modify, distribute, and create derivative works from such aggregated, anonymized, and non-identifiable data for any lawful purpose, including future data products and services. This license survives termination of your account and these Terms with respect to data already aggregated or de-identified prior to termination. This Section applies to current and future affiliated entities, subsidiaries, and successors of Kemulate, and to any acquirer or successor in interest in connection with a merger, acquisition, financing, reorganization, asset sale, or sale of all or substantially all of Kemulate's business or assets, in each case subject to the confidentiality and de-identification protections set out above.

These Terms are governed by the laws of the jurisdiction in which Kemulate is established, without regard to conflict-of-law principles. Disputes will be resolved in the courts of that jurisdiction unless otherwise required by law. If any provision is held unenforceable, the remaining provisions remain in effect. These Terms, together with the linked policies, constitute the entire agreement between you and Kemulate.