Thanks for using FORMULATOR ONLINE!

Private entrepreneur Nataliia Myrutenko
Tax payer identification number: 3476613109
IBAN: UA603052990000026008010127495
Public Joint-stock company commercial bank PrivatBank
08134, Vyshneve, Ukraine

These Terms and Conditions cover your use and access to our website https://formulator.online/ and application https://app.formulator.online/.
By using Formulator Online services, you agree to be bound by these Terms.

FORMULATOR ONLINE is exclusive property of private entrepreneur Nataliia Myrutenko (info@formulator.online), registered under the laws of Ukraine (“PE Nataliia Myrutenko”, the “Formulator’s Owner”).

These Terms and Conditions (“Terms”) apply between you and Formulator’s Owner, referred to as “Formulator”, “Product” “we”, “us” or “our” with the purpose to cover your use and access to our website https://formulator.online/ and application https://app.formulator.online/.

By using FORMULATOR ONLINE and/or registering an account and/or clicking to accept and agree to the Terms when this option is available to you, you agree to these Terms, which will result in a legal binding agreement between you and the Formulator Owner and in this regard you acknowledge that you have read and understood the Terms and fully agree to be bound by them. In addition, you acknowledge that you are of legal age and/or have the authority to bind yourself or the company to the Terms.

The primary purpose of these Terms is to inform users of the Formulator (“Users”) of the restrictions and obligations that must be considered and complied with when accessing the Product.

The Privacy Policy https://formulator.online/privacy-policy also governs your visit to https://formulator.online/ and explains the process for collecting, processing, protecting, and disclosing information obtained through your use of our web page and/or application. Please read it carefully.

Entire Agreement

These Terms and Privacy Policy constitute the Entire Agreement between you and PE Nataliia Myrutenko with respect to the FORMULATOR ONLINE as a product. These Terms supersede and replace any other prior or current agreements, warranties or terms and conditions applicable to the subject matter of these Terms.

If you do not agree to (or cannot comply with) the Entire Agreement, you are not allowed to use the Product (https://formulator.online/) and shall immediately cancel your registration by deleting your account and ceasing the use of the Product. However, in the event of any collisions, discrepancies, prohibitions etc. that prevent you from using our Product, please let us know by emailing at info@formulator.online so that we can try to find a solution together.

The Entire Agreement shall be applied to the User without prior written agreement between the latter and the Formulator Owner.

User’s Data

Formulator collects different types of information ("User Data") for different purposes. You can read about the specifics of such use, collection, storage, and processing at https://formulator.online/privacy-policy. Additionally, we utilize third-party services such as Firebase, Supabase, Firebase Hosting, Firebase Authorization, and Heroku server to host, manage, and secure your User Data. These services are governed by their own privacy policies, which you can review on their respective websites.

Communications

By creating an Account with the Formulator Online application or by purchasing our products/services from the website, you agree to subscribe to notifications, newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any or all these communications from us by following the unsubscribe link or instructions provided in any email we send.

Our Data

The Formulator Online website and application are protected by Ukrainian and International laws. These Terms do not grant you any right, title or interest in our website and application, other users' content in the application, FORMULATOR ONLINE logos and other brand features. We welcome feedback but note that we may use comments or suggestions without any obligation to you. We use third-party hosting and infrastructure services, including Firebase Hosting and Heroku server, to ensure the reliability and scalability of our website and application. These services are subject to their own terms and privacy policies.

Intellectual Property

We respect the intellectual property of others and ask that you do the same.

The Formulator and its original content (excluding Content provided by Users), features and functionality including but not limited to all information, software, texts, images, designs etc., are and will remain the exclusive property of the Formulator Owner and are protected by Ukrainian and international copyright, trademark, trade secret, intellectual property and/or proprietary rights laws.

You are prohibited to print, copy, modify, download, or otherwise use or provide any other person access to any part of the Formulator Online in breach of the Terms.

Our trademarks, name, logos and all related names, logos, product and service names, designs are the exclusive property of the Formulator’s Owner and therefore may not be used in connection with any product or service without the expressed prior written consent of the latter.

All intellectual rights to the content uploaded by a User to the website and/or application belong to such User, however, the latter hereby grants the Formulator the right to process such content in accordance with the Privacy Policy https://formulator.online/privacy-policy.

If you believe that material placed on or linked to by the Formulator website and/or application violates your copyright, we ask that you notify us by emailing info@formulator.online so that we can find the proper problem solution to the problem. Our use of third-party services like Firebase, Supabase, and Heroku does not grant you any rights or licenses to their respective trademarks or intellectual property.

Beta Services

Periodically, we release products and features that are still in the testing and evaluating phase. These Services are marked as beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as other services of FORMULATOR ONLINE. You, as a User, acknowledge that you will have no claims whatsoever with respect to products in the beta testing phase. Furthermore, we are not responsible for any harm caused by such beta products.

Changes to the Product

We reserve the right to change, suspend, or terminate this website and/or online application of the Formulator without prior agreement with you. We shall not be liable if for any reason all or any part of the Product is unavailable at any time or for any period.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings in the Formulator Online application. We may experience delays in updating information in the application and in our advertisements on other websites. The information found in the application may contain errors or inaccuracies and may be incomplete or out of date. Products or services may be mispriced, inaccurately described, or unavailable on the Service, and we cannot guarantee the accuracy or completeness of any information found on the Formulator Online website and application.

Therefore, we reserve the right to change or update the information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Amendments

We may revise and amend these Terms from time to time to better reflect:

- changes in the law,

- new regulatory requirements, and/or

- improvements or enhancements made to Formulator Online products and services.

Your use of the Formulator website and/or application following the publication of amended Terms means that you fully accept and agree to the changes to these Terms. It is your responsibility to review these Terms periodically.

If an update affects your use of the Formulator Online application or your legal rights as a User of our application, we will notify you prior to the effective date of the update to the email address associated with your account or via an in-product notification. These updated terms will become effective no less than 30 days from the notification date.

If you don't agree with the updates we have made, please cancel your account before they become effective. Where applicable, we will offer you a prorated refund based on the amounts you prepaid for the application services and your account cancellation date. By continuing to use or access the Formulator Online application after the updates come into effect, you agree to be bound by the revised Terms.

Indemnification

You agree to defend, indemnify, and hold harmless Formulator Online and its licensee, and licensors, and its employees, directors, contractors, officers, agents, affiliates against all and any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to attorney’s fees, reasonable expenses of investigation or defense of any alleged loss), resulting from or arising out of

a) your use of and access to the Product by you or any person using your account and password;

b) a breach of these Terms, or;

c) violation of any intellectual property or other right of any person or entity by you as a User;

d) any products and/or services which were purchased in connection with the Product;

e) the nature and content of all User Data processed by the Formulator Online.

Disclaimer

Your use of the Formulator Online website and application is at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or performance.

Formulator Online and its licensors do not warrant that a) the application will function without any interruptions, securely, or will be available at any particular time or location; b) any errors or defects will be corrected; c) the application is free of viruses or other harmful components; or d) the results of using our product and services will meet your requirements.

YOU FULLY AGREE AND UNDERSTAND THAT FORMULATOR ONLINE IS NOT RESPONSIBLE FOR YOUR SUCCESS OR FAILURE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT OUR PRODUCTS OR SERVICES WILL PRODUCE ANY PARTICULAR RESULT FOR YOU.

We cannot guarantee your success or level of income, nor are we responsible for any of your actions. We make no guarantees that you will achieve any results using our website or our products.

AIn addition, we have no control over the services we have used for the proper functioning of the Product, and in this regard, we cannot bear any responsibility due to improper functioning or non-functioning of such service.

If the Product contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those websites and cannot accept any responsibility for them or for any loss or damage that may arise from your use of them.

Limitation of Use

In addition to the other limitations set forth in the Terms:

- you shall not use the Formulator website and/or application for any purpose that is unlawful and/or prohibited by the Terms;

- you shall not use the Formulator website and/or application in the way that could disable, damage, impair or interfere with any other use of the website and/application by other Users;

- you are prohibited from using any robot, devices or other software in relation to the Product for any purpose, in particular, for copying of the materials from website and/or application;

- you are prohibited from introducing any viruses, worms etc. which are or may be technologically harmful to the Product;

- you shall not use and/or access the Formulator website and/or online application in order to create a similar or competitive product, website, application, etc.;

- you are prohibited from taking any action which may lead to damage or falsification of the Formulator Owner or the Product ratings.

Limitation of Liability

You hereby release us and our officers, employees, agents, affiliates, and successors, and hereby waive all past, present, and future claim, demands, rights, obligations and liabilities of any kind or nature, that has arisen or arise directly or indirectly from are directly or indirectly related to the Formulator.

You agree that, to the maximum extent permitted by law, we will not be liable to you or any third party for any loss or damages, either actual or consequential arising out of or related to these Terms or your use of or inability to use this Product.

Dispute Resolution

Most disputes can be resolved without recourse to courts or arbitration. If you have any controversial issue or problem with us or our Product, you agree that you will contact us at info@formulator.online with a brief written description of the problem/issue and your contact information (including your username if your issue is account related) before taking any official action. Except for intellectual property, you and Formulator agree to use your best efforts to resolve any dispute, claim, issue, or disagreement directly through consultation with us.

If not resolved through these negotiations, disputes shall be subject to resolution by a competent economic court in accordance with the substantive and procedural laws of Ukraine.

Limited License

With your acceptance of these Terms, we grant you a limited, non-exclusive and non-transferable license to access and use the Formulator website and/or online application for your internal business purposes and only as expressly permitted in these Terms and the subscription payment plan if applicable.

Free Trial Period

To test and try our services and Product, we provide a free trial period of 7 (seven) days. To access the trial period, you need to register with your personal information. We do not request credit card or bank account information to use the app during the trial period. It is at our discretion to allow you to open and register an “free-trial” account. You therefore acknowledge and agree that the access to the Product will be terminated after the free trial period. In order to continue using the Product after the expiration of the free trial period, the User must purchase the subscription to the Product.

During the free trial period we reserve the right to terminate the free use of the Product at any time for any reason by sending prior written notice to User’s email.

Please be advised that we do not allow multiple free trial periods, regardless of the primary purpose of such actions. If we discover multiple free trial accounts, we reserve the right to delete all involved accounts, old and new, at our sole discretion.

User’s Accounts

You agree to pay for the use of our Product by choosing one of the options offered on the website or in the application. You can familiarize yourself with the available options for our services on the website in the "Pricing" section.

We accept online payments by credit/debit cards (Visa or Mastercard). If you wish to purchase any product or service from Formulator Online, you may be asked to provide certain information related to your Purchase including, but not limited to your credit card number, expiration date, CVV, code and your contact information (name, phone number, and email address).

Formulator Online uses third-party services (WayForPay) to facilitate payments and the completion of purchases. You represent and warrant that: (i) you have the legal right to use any credit cards or other payment methods in connection with any Purchase; and that (ii) the information you provide us is true, correct, and complete.

We reserve the right to refuse or cancel your order if we suspect fraudulent, unauthorized, or illegal transaction.

If your subscription has expired, you will have NO access to the files created in the application.

When your subscription expires, files created in the application are not available until you purchase a new subscription.

We are not responsible for your personal account upon creation. In the event of any unauthorized use of your account or any other breach, please notify us immediately to find a proper solution to the situation. Nevertheless, we will not be liable for such unauthorized use or any breaches.

We utilize Firebase Authorization to manage user authentication and account security. By creating an account with Formulator Online, you agree to comply with the authentication processes managed by Firebase.

Fee Changes

Formulator Online, in its sole discretion and at any time, may change the Subscription fees for the Subscriptions. Any change in Subscription fees will become effective at the end of the then-current Billing Cycle.

We will notify you of these changes 30 days before they become effective by sending an email to the email address associated with your account, and you will have the option to terminate your Subscription before such change becomes effective.

Refund Policy

You can cancel your FORMULATOR ONLINE service (subscription) at any time, however we DO NOT make refunds. To test our application, you can use the 7-day free trial period.

Cancellation

You may stop using our Services at any time. You can delete your account in the application and all User data will be permanently deleted.

We reserve the right to suspend or terminate your access to the Services with notice to you if:

- you are in breach of these Terms,

- you use the application in a way that may cause an actual risk of harm or loss to us or other Users,

- you have not purchased a subscription by the due date.

We will send you a 30-calendar day notice by email to the address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to renew our Services. If after such notice you fail to bring your account to the good standing, we will suspend your access to the Services and delete all content and account.

No notice will be given prior to suspension if:

- you are in material breach of these Terms,

- the way you use the Service causes us legal liability or compromise our ability to provide the Services to our other Users.

Severability

If any provision of these Terms is determined to be illegal, invalid, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not part the validity and enforceability of any other remaining provisions.

Force Majeure

Except for any payment obligations, neither you nor Formulator shall be liable for any breach of these Terms and for any costs or damages due for delay in performing, or failure to perform, improper performing its obligations under these Terms occurred directly or indirectly, due to circumstances beyond its reasonable control, including, without but not limited to acts of God; earthquakes; fires; floods; wars; civil or military disturbances; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software); acts of civil or military authorities; governmental actions; provided, however, that in the event of a failure or delay, both parties shall use their best efforts to mitigate the consequences of any such default or delay.

The party affected by the force majeure event will notify the other party within a reasonable time and use commercially reasonable efforts to resume performance as soon as possible.

Governing Law

All matters relating to the Formulator and the Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Ukraine without giving effect to any choice or conflict of law provisions or rules.

Any legal action or proceeding arising out of or relating to the Terms or Formulator shall be initiated exclusively in the courts of Ukraine.

Third-Party Services

Formulator Online utilizes various third-party services to enhance functionality, security, and performance. These include:

Firebase: Used for authentication, real-time database management, and hosting.
Supabase: Employed for database services and backend functionalities.
Heroku Server: Utilized for deploying and managing our backend servers.
Facebook Pixel: Employed to track user interactions on our website to optimize advertising campaigns on Facebook and Instagram.
These services are subject to their own terms of service and privacy policies. By using Formulator Online, you acknowledge and agree to the use of these third-party services as described.

Contact Us

If you have any questions about these Terms & Conditions, please contact us via email info@formulator.online.