Date last updated: 30th December 2019
Section 1 – Provider
(1) The provider and contracting party for the content presented on the website is cosmetri, Bülowstraße 66, 10783 Berlin, phone +49 (0)30 2241 0567, e-mail firstname.lastname@example.org (hereinafter referred to as “cosmetri”).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the provider and the respective customer. cosmetri objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
(3) Products and services offered by cosmetri are aimed at commercial customers according to § 14 BGB (German Civil Code) only. cosmetri does not enter into any contracts with consumers. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(4) Any contractual offer, conclusion of a contract and its fulfilment will be handled in English language.
Section 2 – Service
(1) cosmetri internet-based software as a service (SaaS) for cosmetics businesses. The software runs on a server operated by the provider and can be accessed by the customer over the internet using a web browser. For system requirements, please refer to http://fluidstate.com/system-requirements/ cosmetri does not currently provide downloadable (on-premise) software.
(2) The service includes features to support and optimize workflows and compliance in cosmetics and personal care businesses, including, but not limited to, formulation, regulatory compliance, manufacturing, GMP, ERP, packaging, testing, quality assurance and related product management workflow tools. For details, please refer to the features overview:
Product Manager: http://fluidstate.com/features/
cosmetri GMP: http://fluidstate.com/gmp-iso-22716-software-features/
(3) The cosmetri service is not intended to replace the professional services offered by a certified safety assessor, cosmetic formulator or specialised laboratory service, or to validate the compliance of cosmetic products with any legal regulations.
(4) As well as EU CosIng regulatory data provided as default with all Product Manager plans, additional regulatory data may be provided. The regulatory data provided is supplied as information only, upon the condition that the person receiving it will make their own determination prior to use.
cosmetri GmbH will in no event accept responsibility for damages of any nature whatsoever resulting from the use of or reliance upon the compliance/regulatory data provided. You are advised to verify the data as provided in Product Manager with the original source and to seek any clarification directly with the responsible agency. cosmetri cannot and does not check this third-party data for accuracy.
(5) The cosmetri service is not intended for use in medical or healthcare contexts.
(6) cosmetri may introduce changes in functionality, layout and user experience at any time, as long as the functionality agreed upon initially remains generally available.
(7) cosmetri provides a service availability of 98% per month.
Section 3 – Conclusion of contract
(1) For the conclusion of the contract, the customer completes the “Sign up” form on cosmetri's website and chooses a service plan, or upgrades to a paid service plan while logged in to the cosmetri trial version. The order will be conclusively placed with cosmetri by clicking on the button “Submit Payment”. Until the order is transmitted to cosmetri, the customer has the opportunity to review, at any time, the data inputted when placing the order, to modify this or to completely discontinue the order.
(2) cosmetri will save the content of the contract concluded on its EDP system and will transmit a copy to the customer's e-mail address (contract confirmation). cosmetri recommends printing or saving this contract confirmation for later reference.
Section 4 – Payment, failure to pay
(1) Payments can be made by credit card only. cosmetri accepts VISA, MasterCard and American Express. Credit Card payments will be processed by Stripe Inc., 3180 18th St., San Francisco, CA 94110, USA, on behalf of cosmetri. cosmetri itself will neither collect nor process customers' credit card details.
(2) Payment, according to the chosen service plan, is due immediately with the beginning of the term of contract and again with each contract extension. Payment taken by credit card stored in the Stripe payment gateway is taken automatically upon the date of auto renewal. No advance notification is sent of payment renewals.
(3) If the customer is in default with payment, cosmetri can refuse performance and block the customer from logging in until payment is made. If the customer is in default more than four weeks, cosmetri can terminate the contract with immediate effect.
Section 5 – Duration and termination
(1) Any service provided by cosmetri is limited to the term of contract chosen by the customer. cosmetri offers various initial contract periods – e.g. one month, three months or one year.
(2) The contract will automatically be extended by the initial contract period as long as neither of the contract parties terminate the contract.
(3) For a termination by the customer, the notice period is one calendar day, with termination effective to the end of the current contract period. For a termination by cosmetri, the notice period is six weeks. For both parties, the right to immediate termination for good cause remains unaffected.
(4) To terminate a contract, the customer must login to their cosmetri account using their Administrator account credentials, by selecting ‘Billing’ from the user menu and then checking the checkbox under ‘Cancel Subscription’. This step must be repeated for each any every service that the customer wishes to cancel.
(5) No refunds are provided in the case that the customer does not terminate the agreement before auto renewal of the subscription. Payment taken by credit card stored in the Stripe payment gateway is taken automatically upon the date of auto renewal. No advance notification is sent of payment renewals.
Section 6 – Customer's data
(1) Although cosmetri processes data provided by the customer in its EDP, any intellectual property regarding customer data – e.g. formulations – will remain with the customer. cosmetri keeps all data confidential and will not share it with a third party.
(2) In the “Product Manager Enterprise” plan, the customer may choose the “Hybrid Cloud” option to transmit, retrieve and store their data hosted on their own web server. If they do so, it is the customer's responsibility to regularly back up their server and database to prevent possible loss of data. cosmetri shall not be held liable for loss of service or data incurred due to problems with the customer’s own server.
(3) cosmetri routinely delete all data provided by the customer upon termination of the service contract. If a customer wishes to have their data deleted with immediate effect, a written request shall be made to cosmetri. It is the customer's responsibility to download, export and/or print all data necessary before the contract period ends.
Section 7 – Warranty
(1) For customers with their data hosted on the cosmetri server, backups are made once every 6 hours. Backups are stored by cosmetri for a maximum of 14 days. For “Product Manager Enterprise“ and “cosmetri GMP” paying customers with dedicated database, a complete restore of data back to a requested restore point can be requested, free of charge. Partial restore of data from a backup may be provided for an additional fee and subject to availability of a qualified technician. For all other customers not subscribed to either of the aforementioned plans and where a dedicated database is not provided, restore of data is only guaranteed in the event of a global system failure, whereby all customers’ data is restored to the last available backup. Any request for partial restore of the customer’s data is solely at the discretion of cosmetri and may be subject to an additional fee. In case of minor negligence, further claims based on the loss of data or damaged data are excluded.
(2) cosmetri offers a trial version of its services free of charge. This trial version is intended for testing with sample data only. cosmetri does not back up any data and cannot be held liable for any loss or damage of data inputted while using the trial version.
(3) In all other regards, warranty claims shall be governed by the statutory regulations.
Section 8 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on the International Sale of Goods (UNCISG) and excluding the provisions of the law on conflict of laws under international private law.
(2) Where the customer is a merchant according to § 1 HGB (German Commercial Code), an entity under public law or special assets (Sondervermögen) under public law, the parties agree that cosmetri's seat – Bülowstraße. 66, 10783 Berlin, Germany – shall be the place of jurisdiction.
(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.