Terms and Conditions
These terms and conditions (the “Terms”) shall govern any use of the Services and any Order entered into between the Customer (“you”, “your”, or “user”) and Ithos Global, Inc., a company governed by the laws of the State of New York, USA (the “Company”, “we”, “our”, “us”), when an applicable master form of agreement has not been executed by Customer and Ithos Global. These Terms shall supplement any executed master form of agreement between the Customer and Ithos Global; should any conflicting terms arise, the master form of agreement will uphold.
Ithos Global, Inc., their subsidiaries, other affiliated and/or related companies as applicable, have created, own and operate the website Ingredient SAFE™ (collectively “Ingredient SAFE” and/or “the Website”) located at https://ingredientsafe.com. The Ingredient SAFE website allows you to engage in various activities such as: purchase customized reports, search data, and obtain customer support. The Website is both a website and a web-based software-as-a-service (“SaaS”) that helps businesses streamline their product development and global market expansion, while remaining in compliance of applicable jurisdictional regulations.
The Website includes information created and published by Ithos Global, Inc. (“Ithos Global Materials”) and third parties (“User Content” and/or “Managed Regulatory Data”), such as text, images, photographs, graphics, audio, video, data, code, and software (collectively, the Ithos Global Materials, User Content, and Managed Regulatory Data are referred to as “Content”).
ACCEPTANCE OF TERMS
If Customer has agreed to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that such entity or organization is duly authorized to do business in the country or countries where it operates. In that event, “you”, “your”, or “user” will refer and apply to that entity.
No party will use, copy, adapt, alter or share any information provided by another party which is disclosed or otherwise comes into its possession in relation to the Material and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.
Your confidentiality obligations hereunder shall survive termination of Your account. Upon any termination of Your account, or Ithos Global’s written request, You must cease use of Confidential Information, and/or Ithos Global Websites, and return or destroy all Confidential Information in Your possession or control.
In order to use the Website services, You must become a registered user. Before you can use the Website, You have to register with Ingredient SAFE and provide Ingredient SAFE with certain information, which may include personally identifiable information, such as your name and your email address (“Personal Data”). By providing Ingredient SAFE with your Personal Data, You expressly agree that Ingredient SAFE may collect, use, store and otherwise process Your Personal Data for the purpose of providing you with access to the Website and related activities and communications in which you agree to participate.
You are responsible for and agree to provide Ingredient SAFE with complete, true, and current information, including Personal Data, and to keep Your Personal Data accurate and up to date. You can always correct or update Your Personal Data. Furthermore, You may request information about Your Personal Data stored with Ingredient SAFE, or the correction (in case the relevant Website is not allowing You to correct or update your information), or deletion of Your Personal Data by contacting [email protected] via email. Please note that if You request deletion of your account or Personal Data, You might not be able to further access and use the Ingredient SAFE Website and your User Content.
SECURITY OF YOUR ACCOUNT
Customer shall be solely responsible for (a) maintaining and ensuring the confidentiality of your Account’s login information, and (b) all activities that are conducted under your Account. You agree not to disclose your password to anyone and you shall be solely responsible for any use of or action taken through the use of such password on the Website. Ithos Global cannot and will not be liable for any loss or damage arising from Customer’s failure to comply with this requirement. By using your Account, you acknowledge and agree that Ithos Global’s security procedures are commercially reasonable. You agree to immediately notify Ithos Global in the event of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.
BILLING AND PAYMENT
CANCELLATION OF ORDER
Cancelled orders will not be refunded. All orders are non-refundable.
TERMINATION OF USE
Ithos Global may, in its sole discretion, at any time discontinue providing or limit access to the Ingredient SAFE Website, any areas of the Website, or any Materials or User Content provided on or through the Website. You agree that Ithos Global may, in its sole discretion, at any time, terminate or limit your access to, or use of, any or all of the Ingredient SAFE Website or any Material or User Content. In the event You are in material breach of the Terms, Ithos Global may, at its sole discretion, suspend or terminate Your account, delete Your Content from the Website, and refuse You any current or future use of the Ingredient SAFE Website without notice. Ithos Global shall not be liable to You or any third-party for such suspension or termination.
ITHOS GLOBAL CONTACT
Ithos Global is not obligated to evaluate or provide any comments regarding the Content You submit. At Ithos Global’s sole discretion, Ithos Global may contact you with critiques, updates, feedback, status, or questions regarding your submission. In no event will any such contact or communication from Ithos Global obligate Ithos Global to adopt your submission, provide a timeframe for evaluation, or even provide any additional communication regarding your submission.
INTELLECTUAL PROPERTY RIGHTS
Customer retains all rights to their proprietary data and information (substances, raw materials, formulas, product, unit sales) supplied by Customer to Ingredient SAFE.
Ithos Global, Inc. retains all rights to their respective proprietary software, regulatory compliance data, processes, patents and trade secrets.
PERMISSIBLE USE OF INGREDIENT SAFE WEBSITE AND CONTENT
You may not copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, rent, lease, or sell the Ingredient SAFE Website, Ingredient SAFE Materials, or User Content. You may, however, download, store, and display on your computer or other electronic device, solely to view, listen to, play and print Ingredient SAFE Materials and User Content; provided that: (a) the Ingredient SAFE Materials and User Content may only be used for informational, non-commercial purposes and will not be copied or posted on any computer network, or otherwise published, broadcast, or distributed in any manner or media; and (b) the Ingredient SAFE Materials and User Content may not be modified or altered in any way, including any copyright notices.
You may not use the Ingredient SAFE Website in any manner that could damage, disable, overburden, or impair any Ingredient SAFE or third-party server, or the network(s) connected to any Ingredient SAFE or third-party server, or interfere with any other party’s use and enjoyment of the Ingredient SAFE Website. You may not attempt to gain unauthorized access to the Ingredient SAFE Website, other accounts, computer systems or networks connected to any Ingredient SAFE server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Ingredient SAFE Website.
You agree not to use the Ingredient SAFE Website to:
- publish, upload, post, email, transmit or otherwise make available any User Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
- defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity or business integrity;
- impersonate any person or entity, including, but not limited to, an Ithos Global official, Ithos Global employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- forge email headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Ingredient SAFE Website;
- download any file or User Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
- interfere with or disrupt the servers, or networks which support the Ingredient SAFE Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Ingredient SAFE Website;
- violate any applicable local, state, national or international law and any regulations;
- harvest, collect, or store personal information or data of other users.
USE OF INGREDIENT SAFE AND THIRD PARTY SOFTWARE
Your access and use of any software or related documentation, including any application program interface information provided on an Ithos Global Website (collectively “Software”) is governed by the software license agreement and related documents and terms (e.g., attachments, exhibits, order form, disclaimers, etc.) (“License Agreement”) that accompany such Software. You may not use or install any Software that is accompanied by a License Agreement unless and until You first agree to the terms of the License Agreement. You must not modify, decompile, or reverse engineer any Software, except to the extent expressly permitted by applicable law or the License Agreement.
In the event that Software provided through an Ithos Global Website is not accompanied by a License Agreement: the Software may be used solely for your personal, informational, noncommercial purposes; the Software may not be modified or altered in any way; and the Software may not be redistributed.
All Ithos Global Software and Ingredient SAFE is the copyrighted work of Ithos Global. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works, including the Ithos Global Software, is an infringement of the copyright holder’s rights. To request Ithos Global’s permission to use any Ithos Global-owned copyrighted works please contact via email at [email protected]
Ithos Global Websites and Content are provided to you “As Is”. To the fullest extent allowable by law, Ithos Global does not guarantee or warrant any features or qualities of any Ithos Global Website or Content, or give any undertaking with regard to any other quality. Statements and explanations on Ithos Global Websites and Content in promotional material or on Ithos Global Website and/or documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published Ithos Global description of or advertisement except to the extent Ithos Global has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of Ithos Global’s management.
Ithos Global warrants that it will not infringe or violate any intellectual property rights or other right of any third party.
LIMITATION OF LIABILITY
Either party’s liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with the development or delivery of the Material is limited to the price specified on the Order Confirmation Page for the specific order. In no event shall either party be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.
RELATIONSHIP OF THE PARTIES
Ithos Global and Customer acknowledge and agree that their relationship is as independent parties and does not constitute a partnership, joint venture, agency relationship or otherwise between the parties.
If You believe that material You hold the copyright on is being infringed upon on any Ithos Global website, please notify by sending a written notification of claimed infringement to:
By mail: Ithos Global, Inc., ATTN: Legal Team, 333 Broadway, Suite 440, Troy, NY 12180, USA.
By email: [email protected]
Please provide the following information in writing in Your notification:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed or material which otherwise violates your rights (or, if you claim that multiple copyrighted works at a single online site are infringing, a representative list of such works at that site);
- a description of where the material that you claim is infringing/violating is located on the site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are, or are authorized to act on behalf of the copyright owner or the owner of an exclusive copyright right that is allegedly being infringed.
The Ingredient SAFE Website may contain links to external websites. Ithos Global shall not be responsible for the contents of any linked website, or any changes or updates to such websites. Additionally, Ithos Global shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any software, content, goods or services available on or through any such linked website. Ithos Global does not control and/or review the linked web-pages and the information provided by third parties.
The following only applies if You access Ingredient SAFE from outside the European Union:
You agree to indemnify and hold Ithos Global, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your User Content or Your usage of an Ithos Global Website, Your breach of these Terms, any additional legal terms, or Ithos Global’s Privacy Statement, Your unauthorized use of any Ithos Global-owned Intellectual Property, or Your alleged violation of any other rights of a third party.
The following only applies if You access Ingredient SAFE from within the European Union:
You agree to indemnify and hold Ithos Global, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party against any of the aforesaid entities or persons due to or arising out of Your culpable breach of these Terms, any additional legal terms or Ithos Global’s Copyright or Privacy Statements.
WAIVER AND SEVERABILITY
The failure of Ithos Global to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. To the extent that any provision in these Terms shall be found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make the Terms as modified, legal and enforceable under applicable laws and the balance of the provisions of the Terms shall not be affected thereby.
The Terms represents the entire arrangement between the Parties in respect of its subject matter and supersedes all prior agreements (not including executed Master Agreements), understandings or arrangements (both oral and written) relating to its subject matter. No collateral agreements have been made.
Last Updated: August 2020