Terms of Service

Formulex online subscription agreement

Last updated : October 3, 2022

Formulex Terms of Services

Formulex provides web-based services via the web-based portal (referred to each as a “Service” and currently marketed under the brand “Formulex”), providing organizations with food regulatory compliance software based on FSSAI regulations and standards.

The web-based Service is controlled and operated by Formulex LLP (“Formulex”), and those institutions who access and use this web-based service (each a “Customer”) are responsible for assessing whether the services provided are appropriate for their use. Formulex provides its Service subject to the following terms of use. By accessing or using this Service, you signify that you acknowledge, accept, and agree with the terms.

1. Definitions

The following definitions apply to these Terms:

Customer Data means what is defined in the Agreement as Customer Data or Your Data.
Data Protection Laws and Regulation means all laws and regulations, including laws and regulations of the European Union, the European Economic Area and their member states, Switzerland and the United Kingdom, applicable to the Processing of Personal Data under the Agreement.
Data Subject means the identified or identifiable person to whom Personal Data relates.
Staff refers to an individual within a User’s organization who may use the compliance software.
Platform refers to the Portal.
Portal refers to the Web Application where Customer can login to view reports and manage their configurations and setup.
Personal Data means any information relating to (i) an identified or identifiable natural person and, (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws and Regulations), where for each (i) or (ii), such data is Customer Data.
Processing means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Processor means the entity which Processes Personal Data on behalf of the Controller.
Service refers to all software, websites, and related services provided to you by Formulex.
Sub-processor means any Processor engaged by Formulex or a member of the Formulex LLP.
Supervisory Authority means an independent public authority that is established by an EU Member State pursuant to the GDPR..

You, Your, or User refers to anyone accessing or subject to the Service.

2. Customer Accounts

Customer will need their own account to use the Service, and Customer and their designated users will be required to be logged in to the account and have a valid payment method associated with it. The customer is responsible for maintaining the confidentiality of its account and its passwords or other authentication methods and for restricting access to its account(s). Formulex is not responsible for any liability arising from any unauthorized use of the Service, and the Customer accepts responsibility for all activities that occur under its account(s).

3. Permitted Usage

The Service is made available for the use of Customer in improving regulatory compliance for labelling for its own use and consistent with the feature and functionality built into the Service. The license/subscription granted does not include (a) any resale or commercial use of the Service or any of its content; (b) the collection and use of any data and information other than as part of the Service; (c) any derivative use of the Service or its content ; (d) any downloading, copying, or other use of information for the benefit of any third party; or (e) any data gathering and extraction not permitted by law; or (f) any attempt to reverse engineer the application or bundled intellectual property. Customers are responsible for compliance with all applicable laws. Formulex LLP reserves the right to deny access to Customers or their designated users at any time at its sole discretion.

4. Installation, Customization and Updates

The Service is licensed for use only under these terms. Formulex reserves all rights not expressly granted to you, including title and exclusive ownership of the Service, any and all software or updates there to and source code for the Service. Upon registering for the Service, Formulex gives you the right to install the Service for use by the total number of Users you identify and authorize. The Service may not be used or accessed by (a) individuals who are not named individuals, or (b) any other software or hardware device that does not require a named individual to use or access it. A named individual means an individual identified by you and by name who is authorized to use the Service, regardless of how such access occurs or if such individual uses any hardware or software that reduces the apparent number of users who are using the Service, such as by using a terminal service. The Service may not be used or accessed by any other software or hardware device that does not require an individual to use or access it. Formulex reserves the right at any time to require you to provide a list of the named individual(s). You may not rent, lease, lend, sell, redistribute or sublease the Service. These Terms will govern any upgrades provided by Formulex that replace and/or supplement the original Service. You agree to use your best efforts to protect the Service and upgrades from unauthorized use, reproduction, distribution, publication or alteration.

5. Use of Data

You agree that Formulex may collect and use technical data and User information as described in its Privacy Policy and, including, but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of customization, updates, and other services to you (if any) related to the Service. Formulex may use this information, to improve the Service or to provide services or technologies to you. Formulex treats personally identifiable information differently from general information. Personally, identifiable information can be used to identify, locate or contact you. General information is information that is not personally identifiable information and is not associated with personally identifiable information. Formulex may convert personally identifiable information into general information by excluding information that is personally identifiable. You acknowledge that general information belongs to Formulex and that Formulex has the right to use such general information as it determines in its sole discretion. Formulex may process information in the country where it was collected, as well as other countries (including the United States) where laws regarding the processing of personal information may be less stringent than the laws in your country. Formulex uses personally identifiable information for its own internal purposes, including contacting you via email to inform you about updates to the Service and providing you with information relating to transactions that you conduct on the Formulex website. Formulex provides personally identifiable information to third parties who process it in accordance with Formulex instructions in order for Formulex to provide services to you (including processing payments for use of the Service). Formulex reserves the right to disclose Your information if Formulex has a good-faith belief that the disclosure is (a) required by law, regulation, or legal process; (b) appropriate to detect, prevent, or remedy violations of these Terms, fraud, security, or technical issues; or (c) permitted in order to protect Formulex, other Users, or the public. If Formulex is involved in a change of control through the sale of assets or otherwise, we will give notice before your personally identifiable information is transferred or becomes subject to a different privacy policy.
Information in the Service. The name, address, and payment information Customer provides, together with information regarding the manner in which the Customer uses the Service, may be used in the administration of Customer’s account as well as for other related activities. Customer agrees that Formulex may use anonymized data derived from information gathered by Formulex in the course of the Customer’s use of the Service to improve the Service and related services. The anonymized data includes data that describes the habits, usage patterns, and/or demographics of Customers or users as a group but does not describe or reveal the identity of any particular Customer or user.
Information about customer’s employees- Activity level, app usage and browser data from Customer’s employees’ workstations may be used for the purposes of providing the Service. The collected data may also be used for the purposes of enhancing services, features and functionality of the app and improving capabilities of the Service. For the avoidance of doubt, no personal information or financial transaction details from the Customer will be used for the purposes of providing these reports and capabilities unless express consent is obtained from the Customer. No specific information regarding the source of the institutions providing the anonymized data which are used in creating and providing the reports and capabilities will be made available to third parties.

6. Data Sharing with 3rd Party Applications

Formulex may release integration APIs with some established business management tools. Exchange of Customer’s projects and tasks may happen as per agreed terms using secure credentials/authorizations. The exchange of data is done as per the permitted flow of the 3rd party applications and in a completely transparent manner. The data exchanges between Customer’s account in Formulex and their account in the 3rd party application.

7. Party Content

Artwork and content provided in the Service belongs to third parties and is used in the Service subject to a license from the owner or incidental to the offer of the product through the Service. No further use of the content or information may be made without the express written consent of the copyright holder. Formulex makes no claim to such content or uses it in any way other than expressly permitted by the content owner.

8. User Content

You agree that all information, data, text, sound, photographs, graphics, video, software, or other materials submitted, posted or displayed by you on or through the Service (User Content) is your sole responsibility. Formulex claims no ownership or control over any User Content. By submitting, posting or displaying User Content on or through the Service, you grant Formulex a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, and adapt, such User Content to provide the Service to you. By submitting, posting or displaying User Content which is intended to be shared or made available to the general public, you grant Formulex a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through the Service and for the purpose of promoting Formulex and its services. As a condition of using the Service, you agree not to use the Service to infringe the intellectual property rights of others in any way. You represent that you have the right to grant, or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post User Content in any public area of the Service, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed in the Service retains any and all rights that may exist in such User Content. Formulex may review and refuse to accept or remove any User Content at its sole discretion. Formulex reserves the right to expel Users and prevent their further access to the Services for violating these Terms or applicable laws, rules or regulations. Formulex may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Formulex, damage Formulex’ public image or business. It is Formulex’ policy to terminate the accounts of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Any profile you submit must accurately describe you, as an individual person, or an agency or organization that you are authorized to create a profile for. Profiles derived from User Content may be made available through the Service. Formulex does not make any representations regarding the accuracy or validity of such derived profiles, which may differ significantly from User Content.

9. International Users Consent to Cross Border Transfers of Personal Information

For those Formulex users located outside India, you acknowledge and expressly consent to Formulex’s use of your Personal Data and further acknowledge that Formulex’s processing of Personal Data is required to perform the Services or use the Platform. Further, at times Personal Data will be accessible by individuals who are located worldwide including in countries that the European Commission or other geopolitical authorities have not determined to provide the same level of data protection as in your country, province, territory or geopolitical region and that such information may be accessed by the courts, law enforcement and national security authorities of such jurisdictions. By providing us with your Personal Data, you are consenting to our use of it in accordance with these Terms, including the transfer of your information across international boundaries to jurisdictions anywhere in the world as permitted by local law.

10. No Rights Granted; Non- Assignability

These terms do not constitute a grant or an intention or commitment to grant any right, title, or interest in the Service or Formulex’s trade secrets to you. You may not sell or transfer any portion of the Service to any third party. You shall not identify the Service as coming from any source other than Formulex. These Terms are exclusive and personal to you. You shall not assign or otherwise transfer any rights or obligations under these terms

11. Liability Disclaimar

The service and any of the information, software, products, and services offered through the Service may include inaccuracies or typographical errors improvements and/or changes in Formulex or site may be made at any time. Formulex does not makes any representations about the suitability of their platform, website, or services for any purpose. All such information and services are provided “as is” without warranty of any kind including all implied warranties and conditions of merchantability and fitness for a particular purpose. In no event shall Formulex be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the service or a delay or inability to use the service or a platform even if they have been advised of the possibility of damages to the extent customer’s jurisdiction has limitations on the applicability of disclaimers the above limitations may not apply to the customer.

12. Disclaimar of Warranty

You expressly acknowledge and agree that the use of the service is at your sole risk. Formulex cannot and does not warrant the service will meet your requirements that the operation of the service will be uninterrupted or error-free, or that defects in the service will be corrected as such, you shall not rely exclusively on the service for any reason. the service and anything related thereto is provided as is and as available, with all faults and without warranty of any kind, and Formulex hereby disclaims all warranties and conditions with respect to the service and anything related thereto, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. No oral or written information or advice is given by Formulex or its authorized representative shall create a warranty.

13. Privacy and Cybersecurity Indemnification

You agree that the Formulex services and platform are used to process information and personal data that you provide on an individual basis or by way of a transfer by a business entity under these Terms, and for purposes of these Terms you are designated the data Controller and Formulex is designated as Processor as those terms are defined in the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). You further agree and acknowledge your obligations as the Data Controller under the Personal Data Processing Addendum set forth below. To the fullest extent permitted by law for all Personal Data that you collect, process via the Services or maintain on the Platform, you shall indemnify and hold Formulex, its affiliates, and their respective officers, directors, trustees, shareholders, employees, and agents (each an Indemnified Party), harmless from and against any and all damages and liabilities or third party claims against any Indemnified Party, for loss, cost, damage, or expense of every kind and nature (including, without limitation, penalties imposed by law, regulations, rules by any regulatory authority, court costs, expenses, and reasonable attorneys’ fees) to the extent arising out of, relating to privacy and cybersecurity requirements, including without limitation, failure to comply with Articles 5 to 21, and 32 to 37 of the GDPR, or resulting from, in whole or in part, the breach or non-compliance with this Agreement or the omission, negligence, gross negligence or willful misconduct by you or any of your representatives.

12. General

Formulex reserves the right to make any and all changes to its web-based services, including changing these terms of use, at its sole discretion. These terms of use incorporated by reference all other notices, policies and other terms displayed in the Services incidental to an order for a particular product offering. For the avoidance of doubt, notices and policies include Formulex privacy policy, cookie policy and DMCA policy, as well as any applicable data processing addendum made available by Formulex as applicable.

Choice of Law. Regardless of the place of execution, delivery, performance or any other aspect of these Terms, these Terms and all of the rights of the parties under these Terms shall be governed by, construed under, and enforced in accordance with the procedural and substantive law of the India. This Terms of Service will be subject to Delhi jurisdiction

General Indemnity. You agree to indemnify and hold Formulex, Formulex and (as applicable) their related entities, affiliates, and Formulex’ and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special, and consequential) of every kind and nature, known and unknown, including reasonable attorney fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of any third party.

Attorney Fees and Expenses. In a dispute arising out of or related to these Terms, Formulex shall have the right to collect reasonable attorney fees and costs and necessary expenditures from you.

Severability. If a court finds any provision of these Terms invalid or unenforceable, the remainder of these Terms shall be interpreted so as to best affect the intent of the parties.

Effect of Waiver. The failure to exercise any right provided in these Terms shall not be a waiver of prior or subsequent rights.

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