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CM Studio, LLC Terms of Service

Effective Date: 01/01/2024

1. Acceptance of Terms

By creating an account, accessing, or using the platform, application, and AI formulation tools (collectively, the “Services”) provided by CM Studio, LLC (“we,” “our,” or “us”), you agree to be bound by these Terms of Service (“Terms”). If you are using the Services on behalf of an organization or business, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

CM Studio, LLC provides a cloud-based software platform designed to streamline various processes related to cosmetic manufacturing. The platform allows users to create and manage proprietary formulas, track and manage raw cosmetic material inventory, manage production batches, document processes, store files, and generate formulation suggestions using artificial intelligence.

3. Critical Disclaimers: Platform Outputs, AI, and Regulatory Compliance

Cosmetic formulation involves physical chemistry, financial investment, and human safety. You acknowledge and agree to the following regarding our platform and AI tools:

  • Mandatory User Verification (Double-Checking): Software systems and AI models can produce errors, incorrect calculations, or “hallucinations.” YOU AGREE TO INDEPENDENTLY DOUBLE-CHECK AND VERIFY all platform outputs, including batch calculations, ingredient percentages, inventory counts, and AI-generated formulas, before relying on them for purchasing or manufacturing.
  • Not Legal or Regulatory Advice: The Services, reports, and AI suggestions are intended as recommendations and informational tools only. They DO NOT constitute a warranty or guaranty that you will be fully compliant with any applicable standards or regulations. We are not a regulatory body.
  • Regulatory & Safety Testing Responsibility: YOU ARE SOLELY RESPONSIBLE for conducting all necessary physical, chemical, microbiological, and dermatological testing before manufacturing or distributing any cosmetic product based on data from our Services. You are strictly responsible for ensuring your formulas and final products comply with all local, federal, and international regulations (e.g., US FDA, EU Cosmetics Regulation).
  • No Guarantee of Accuracy: We do not guarantee that any formula, calculation, or batch record created, stored, or suggested by our Services is accurate, safe for human use, chemically stable, or commercially viable.

4. User Accounts and Subscriptions

  • Account Security: You are responsible for maintaining the confidentiality of your login credentials.
  • Payments: All payments are processed securely through our third-party provider, Stripe. By subscribing to a paid tier, you authorize us to charge your payment method on a recurring basis.
  • Cancellations: You may cancel your subscription at any time. Cancellations will take effect at the end of your current billing cycle. We do not provide prorated refunds for partial months.

5. Intellectual Property and Data Rights

  • Your Data: You retain full ownership of all proprietary formulas, raw material data, batch records, and files you upload to the Services (“Customer Data”). You grant us a limited, secure license to host and process this data solely to provide the Services to you.
  • Our Platform: We retain all right, title, and interest in the software, AI interfaces, branding, and underlying code. You may not reverse-engineer, copy, or resell our software.
  • Aggregated Information: We may aggregate, collect, and analyze information relating to the provision, use, and performance of the Services. We reserve the right to use such data (during and after the Term) to improve the Services, provided that such data is fully anonymized so that neither you, your company, nor any specific proprietary formula can be identified.

6. Confidentiality

Both parties agree to protect each other’s Confidential Information. “Confidential Information” includes your proprietary Customer Data (such as formulas and batch records) and our proprietary software logic, pricing, and underlying tech. Both parties agree to use the same degree of care to protect this information as they use to protect their own trade secrets, and neither party will disclose this information to unauthorized third parties without prior written consent, except as required by law.

7. Acceptable Use and Platform Security

You agree NOT to use the Services to:

  • Formulate illegal, highly toxic, or explosive substances.
  • Infringe upon the patents, trade secrets, or intellectual property of third parties.
  • Build Competitive Products: Access or use the Services, or any feature thereof, to build a similar or competitive product, or otherwise engage in competitive analysis or benchmarking.
  • Engage in Automated Data Collection: Use any robot, spider, scraper, data mining tool, or other automated means to access, extract, or monitor data from our platform without our express written consent.
  • Conduct Unauthorized Security Testing: Probe, scan, or test the vulnerability of our system or network, or conduct any form of penetration testing (pentesting) without our prior, explicit written authorization.
You may not access or use the Service through automated means, including scraping, crawling, data mining, or similar data extraction methods, unless expressly authorized by us in writing. You may not conduct security testing, vulnerability scanning, penetration testing, or benchmarking of the Service without our prior written consent.

Any violation of this section constitutes a material breach of these Terms and may result in suspension or termination of your account without notice and without refund. We reserve all rights and remedies available under applicable law for any such violation.

8. WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CM Studio, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM’S CALCULATIONS, BATCH OUTPUTS, OR AI SUGGESTIONS WILL BE ACCURATE, SAFE, RELIABLE, OR ERROR-FREE.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CM Studio, LLC, ITS FOUNDERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF RAW MATERIALS, BUSINESS INTERRUPTION, LOSS OF PROFITS, PRODUCT RECALLS, OR REGULATORY FINES ARISING OUT OF YOUR USE OF THE SERVICES, BATCH PRODUCTION MANAGEMENT, OR ANY CALCULATIONS OR FORMULAS GENERATED THEREIN.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to defend, indemnify, and hold harmless CM Studio, LLC from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your Customer Data; or (c) any physical injury, property damage, ruined materials, or regulatory penalty resulting from a cosmetic product you manufactured, tested, or sold using formulas, outputs, or batch records managed or generated on our platform.

11. Dispute Resolution and Governing Law

These Terms shall be governed by the laws of the State of Florida, without regard to its conflict of law principles. Any dispute arising out of these Terms shall be resolved through binding arbitration in Hollywood, Florida, and you explicitly waive the right to participate in a class-action lawsuit. (Note: If you are an EU consumer, mandatory statutory consumer rights of your country of residence may still apply).

12. Contact Us

If you have any questions about these Terms, please contact us at support@cmstudioplus.com.