INSCENTIFY TERMS OF SERVICE

Acceptance of Terms of Service

This website (Website) is owned and operated by Inscentify Limited ("Inscentify", "we", "us", or "our"). By visiting and using our Website, you engage in our "Service" and agree to be bound by these terms and conditions ("Terms of Service") and the Inscentify Privacy Statement. If you do not agree to all the terms and conditions in our Terms of Service, then you should immediately discontinue using the Website and the Service.

We may amend our Terms of Service from time to time and we will notify you of any changes by posting an updated version on our Website. If you continue to use or access our Website or any Service after any changes to our Terms of Service, you are deemed to have accepted, and will be bound by, those changes.

We will continue to make improvements to the Website, and we may change its format, content or functionality at any time.

Use of the Website

This Website is intended for use by professional perfumers, fragrance houses, product developers and other business users.

The Website is designed to assist perfumers and fragrance businesses to create, store, and manage fragrance formula information, access IFRA compliance checks and regulatory recommendations, and connect with Fraterworks in relation to the purchase or sourcing of materials and related products and services.

You must create an account to use the Website. You must notify us immediately if you become aware of any unauthorised access to your account or any other security breach.

You must not:

• copy, modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Website;
• remove, alter or obscure any proprietary notices on the Website;
• use any robot, spider, scraper or other automated means to access the Website;
• attempt to gain unauthorised access to any part of the Website, other accounts, computer systems or networks connected to the Website;
• use the Website for any purpose that is unlawful, fraudulent, or in breach of any applicable law or regulation;
• upload, transmit or store any data or other content that: (i) infringes any third party's intellectual property rights, privacy rights or other proprietary rights; (ii) is defamatory, obscene, offensive, threatening or otherwise objectionable; or (iii) contains any virus, malware, worm, Trojan horse or other harmful or malicious code;
• interfere with or disrupt the integrity or performance of the Website or the data contained on it, or attempt to do so;
• use the Website in any manner that could damage, disable, overburden or impair any Inscentify server, or the networks connected to any Inscentify server;
• resell, sublicense, lease, or otherwise make available the Website or any part of it to any third party without our prior written consent;
• use the Website in a manner that interferes with or disrupts other users' use and enjoyment of the Website; or
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

We may limit, deactivate, block, suspend or terminate your access to the Website with immediate effect. We may do so without notice, at any time, and for any reason, including if:

• we suspect unauthorised or unlawful use to the Website;
• a security incident is impacting the Website;
• we consider that you have failed to comply with these Terms of Service; or
• we cease to offer or withdraw the Website.

Customer Data

You retain ownership of the formula information, ingredient combinations, notes, records, documents and other data you upload, submit, store or generate on the Website, to the extent that you own those rights ("Customer Data").

By uploading or submitting Customer Data to the Website, you grant Inscentify a non-exclusive, royalty-free, worldwide licence to use, copy, store, and transmit your Customer Data solely for the purpose of providing the Service to you and warrant that you have all rights necessary to grant Inscentify such licence. We will not sell, share or disclose your Customer Data to third parties except as necessary to provide the Service or as required by law.

Security

The security of your information is very important to us. We use industry-leading security measures, including encryption technology to protect your Customer Data and personal information. All data transmitted to and from the Website is encrypted using secure protocols.

Due to the inherent nature of the internet, we are not able to guarantee the security of our Website or any information that we hold or that you transmit to us.

You are responsible for taking your own measures to reduce the risk of viruses or other forms of interference damaging your computer system.

Although we endeavour to prevent the introduction of disabling code on the Website, we do not guarantee that the Website, or any data available from it, does not contain disabling code.

Disclaimer

While we endeavour to supply accurate information on our Website, including instant compliance checks and recommendations based on guidelines published by the International Fragrance Association ("IFRA") ("IFRA Regulatory Guidance"), errors and omissions may occur. All information on the Website (including IFRA Regulatory Guidance) is provided on an "as is" and "as available" basis, and Inscentify makes no representation whatsoever including as to its accuracy, completeness, suitability or reliability. The IFRA Regulatory Guidance is provided for informational purposes only and does not constitute professional, legal, safety or regulatory advice. [Note to Inscentify: We recommend a similar disclaimer is included on the Inscentify platform itself any time a customer receives information about IFRA or IFRA Regulatory Guidance to make it clear that Inscentify is not providing any advice.]

You acknowledge and agree that: (a) IFRA guidelines and other regulatory standards may change from time to time; (b) there may be a delay between when the guidelines are updated and when such updates are reflected on our Website; (c) Inscentify does not warrant or represent that the IFRA Regulatory Guidance is accurate, complete, reliable, current or error-free any given time; (d) you are solely responsible for ensuring that any products you develop, manufacture or sell comply with all applicable laws, regulations and industry standards (including IFRA) in the relevant jurisdictions; and (e) the IFRA Regulatory Guidance provided through the Website does not replace your obligation to conduct independent safety assessments or to seek professional advice where appropriate.

Limitation of Liability

To the maximum extent permitted by law, we and our administrators, employees, contractors, partners and agents will not be liable for any direct, indirect, incidental or consequential loss, loss of a chance, damage (including but not limited to damage for loss of profits, loss of revenue, loss of opportunity, business interruption, loss of programs or information, and the like), expense, claim (including but not limited to any claim attributable to errors, omissions or other inaccuracies on the Website, Inscentify and/or our computer system and/or failures), action or liability of any nature, whether arising in contract, tort (including negligence) or otherwise, including from:

• your inability to use the Website;
• loss of data on your computer;
• browsing any internet site linked to the Website by hyperlink or otherwise;
• failure of or defect on the Website;
• failure, defect or destruction of any information systems used in connection with the Website;
• errors, omissions, inaccurate or outdated information presented on the Website;
• the consequences of any disabling code contained on the Website or transmitted via the Website;
• failure, delay or other like circumstances attributable to third parties involved in the provisions of the Service or Website;
• our decisions to decline, deactivate, block, suspend or terminate your rights in connection with these Terms of Service for any reason, including your breach of these Terms of Service; or
• our decisions to offer, withdraw, update or modify the Website;

Without limiting the generality of the foregoing, Inscentify shall not be liable for any loss, damage, cost or expense arising from or in connection with: (i) any error, inaccuracy or omission in the IFRA Regulatory Guidance or other information provided through the Website; (ii) any unauthorised access to, hacking of, or security breach affecting the Website or your account; (iii) any loss, corruption, deletion or theft of Customer Data; (iv) any interruption, suspension or termination of the Service; or (v) any virus, malware or other harmful component transmitted through the Website.

All warranties, representations and conditions (whether express or implied, statutory or otherwise) are excluded to the fullest extent permitted by law. Nothing in these Terms of Service limit any rights you may have under applicable laws that cannot lawfully be excluded or modified.

Indemnity

You indemnify, and shall keep indemnified, Inscentify and its officers, employees, contractors and agents (together, the Indemnified Parties) from and against any and all claims, losses, damages, liabilities, costs and expenses (including legal costs on a solicitor and own-client basis) arising out of or in connection with your breach of these Terms of Service or your use of the Website.

Intellectual Property Rights

Our Website and its contents, and our products and services, are protected by copyright, trade mark and other intellectual property rights owned by us and our licensors. We (and our licensors, as applicable) retain all rights in such intellectual property. You may not extract, copy or otherwise reproduce or reverse engineer any of our content, products or services (in each case, in any form) without our prior written consent.

Privacy

Our Privacy Statement describes the types of personal information collected and held by us about you and how the information is used. By using the Website or by creating and using your account, you consent to our collection, use and disclosure of personal information as outlined in the Privacy Statement.

Third-Party Services

The Website may incorporate, depend on, or interoperate with third-party services, software, platforms, and infrastructure providers (collectively, "Third-Party Services"), including cloud hosting, data processing, analytics, and artificial intelligence services.

Your use of the Website is subject to, and you agree to comply with, the terms and conditions of the following Third-Party Services:

• Google Cloud: www.cloud.google.com/terms
• Gemini API: www.ai.google.dev/gemini-api/terms
• OpenPanel: www.openpanel.dev/terms
• Resend: www.resend.com/legal/terms-of-service

We may update this list of Third-Party Services from time to time and we will notify you of any changes by posting an updated version of these Terms of Service on our Website. If you continue to use or access our Website or any Service after any changes to our Terms of Service, you are deemed to have accepted, and will be bound by, those changes (including any additional Third-Party Services).

We are not responsible for the availability, reliability, functionality, or performance of any Third-Party Services.

The Website may contain links to third-party websites or resources. We provide these links for your convenience only and are not responsible for the content, products, or services available from such third-party websites. Your use of any third-party website is at your own risk and subject to the terms and conditions of use for such websites.

Information about the Third-Party Services we use and how your data may be processed by those services is set out in our Privacy Statement.

General Provisions

Entire agreement

These Terms of Service constitute the entire agreement, understanding and arrangement between us and you in relation to your use of our Website and supersedes and cancels any previous or other agreement, understanding and arrangement relating to this Website whether written or oral.

Governing Law

These Terms of Service are governed by, and will be construed in accordance with, the laws of New Zealand, and any disputes will be subject to the exclusive jurisdiction of the courts of New Zealand.