Attribute Analytics Terms of Use

These Terms of Use (the “Agreement”) govern your use of the web-based platform provided by Attribute Analytics, Corp. (“Attribute Analytics,” “we,” “our,” or “us”). By accessing or using the platform (the “Service”), you agree to comply with and be bound by these Terms. If you do not agree, you may not use the Service.

1. Definitions

For clarity, the following definitions apply throughout this Agreement:

Service: The Attribute Analytics platform, which includes features such as the Dashboard, Product Pages, Category Pages, the Innovation Engine, and any associated functionalities.
User: Any individual who holds an active account on the platform and has been authorized to access it.
Client: The organization or entity that pays for access to the platform on behalf of a business and its Users.
Data: Any data used by or generated within the platform, including proprietary data owned by Attribute Analytics, data provided by Clients, and data sourced from third parties and/or external sources..
AI (Artificial Intelligence): Any feature or functionality within the platform that is powered by or informed by artificial intelligence, whether developed by Attribute Analytics or integrated through third-party APIs.

2. User Eligibility and Registration

2.1. Only authorized employees or team members of a paying Client may access and use the Service. Users must comply with all eligibility requirements as outlined in this Agreement.
2.2. Clients are responsible for inviting their team members to register as Users. Upon receiving an invitation, Users must complete the registration process, which includes providing their full name, business email address, and password. For enhanced security, Attribute Analytics may require Users to enable two-factor authentication (2FA). Attribute Analytics may also choose to utilize a one-time password (OTP) login system, which would just require the user to provide their business email address.
2.3. Users are responsible for maintaining the security of their accounts. This includes selecting strong passwords, enabling 2FA, where applicable, and regularly updating their password to maintain security and promptly updating credentials. Additionally, Users must take reasonable steps to safeguard any sensitive information accessed or shared through the platform. This responsibility falls on the Users and the Clients.

3. Scope of Service and Usage Rights

3.1. The subscription model for Attribute Analytics is category-based. Upon subscribing to the Service, Clients gain access to specific categories of data and functionality, including Category Pages, Product Pages, and the Innovation Engine, which allows for the generation of new product concepts.
3.2. Subscriptions are provided on an annual basis and automatically renew unless canceled prior to the renewal date. Access rights are strictly limited to internal business purposes relevant to the food and beverage CPG industry, the grocery retail industry, and the food flavor and ingredient industry.
3.3. Clients and Users are strictly prohibited from reselling, licensing, reverse-engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying structure of the platform. Furthermore, any use of the platform or its data for purposes outside the agreed-upon scope, including but not limited to commercial exploitation, redistribution, or unauthorized analysis, is expressly forbidden. Such actions violate the terms of use and may result in immediate suspension of access, legal action, and other remedies available under applicable law.

4. AI Usage and Limitations

4.1. The Service incorporates artificial intelligence specifically optimized for the food and beverage CPG industry. While AI-generated outputs are intended to provide valuable insights and support product development, Users must independently review and validate all AI-generated content before direct commercial use. Attribute Analytics continuously works to improve its Services, but due to the probabilistic nature of artificial intelligence, outputs may occasionally be inaccurate, incomplete, or misrepresent facts. You agree not to rely on these outputs as your sole source of truth, factual information, or as a substitute for professional advice. Before using or sharing these outputs, you are responsible for evaluating their accuracy and relevance, including conducting human reviews, when necessary. Outputs must not be used in ways that could materially or legally impact individuals, such as decisions related to credit, employment, housing, or medical matters. Additionally, any references to third-party products or services in outputs do not imply endorsement or affiliation with Attribute Analytics.
4.2. Attribute Analytics does not guarantee exclusivity over any AI-generated outputs. Users are solely responsible for performing their own market research and for securing intellectual property protections for product concepts derived from the platform that they wish to commercially pursue.
4.3. To protect privacy, Users should refrain from sharing personal or sensitive information when interacting with AI features on the platform.
4.4. Feedback on the functionality or performance of AI features is always welcomed and encouraged and may be submitted to info@attributeanalytics.com.

5. Data Ownership and Usage

5.1. Clients retain ownership of all data they upload to the platform. Attribute Analytics retains ownership of proprietary data used within the Service, while third-party data remains the property of its original providers.
5.2. Data provided by Clients may be used to train and improve AI models utilized within the platform but will not be shared externally, for any purposes, without explicit consent from the Client.
5.3. Users may download specific outputs, such as sensory reports or product concepts, but cannot export entire datasets from the platform for any reason.
5.4. Usage data collected within the platform is anonymized to ensure it cannot be linked to individual Users. Attribute Analytics does not share anonymized data with third parties. This data is just used to improve the Service.

6. Intellectual Property

6.1. All intellectual property rights associated with the platform, including its design, features, and underlying technology, are owned by Attribute Analytics.
6.2. Clients retain ownership of any pre-existing intellectual property of theirs that they upload to the platform. It is the Client’s responsibility to manage and safeguard the confidentiality of their intellectual property. If the Client feels that their intellectual property rights have been infringed, please send notice to legal@attributeanalytics.com. 

7. Confidentiality

7.1. Attribute Analytics is committed to protecting the confidentiality of all data and information provided by Clients and Users.
7.2. Both Attribute Analytics and the Client are responsible for safeguarding confidential information and may not disclose such information to unauthorized parties.

7.3. Confidential information shall be used solely for the purposes of fulfilling the obligations and rights outlined in these Terms of Use. Both Attribute Analytics and the Client agree to implement appropriate technical, organizational, and administrative measures to protect confidential information against unauthorized access, disclosure, alteration, or destruction.

7.4. The obligation of confidentiality does not extend to information that: (a) is or becomes publicly available without breach of these Terms; (b) was known to the receiving party prior to disclosure by the other party, as evidenced by written records; (c) is lawfully disclosed to the receiving party by a third party without restriction; or (d) is required to be disclosed by law, regulation, or court order, provided that the disclosing party is promptly notified to allow for a protective order or other appropriate remedy to be sought.

8. Security Measures

8.1. Attribute Analytics supports our Client’s and Users’s rights to data privacy. Attribute Analytics also prioritizes data security. Attribute Analytics utilizes third-party APIs and services that adhere to recognized, industry-leading security standards, including SOC 2 Type 2, ISO 27001, ISO 27701, CSA STAR Level 1, and TX-RAMP Level 1 compliance.
8.2. Attribute Analytics is dedicated to continually enhancing the security of our platform and protecting the sensitive information of our Clients and Users.

9. Payment Terms

9.1. Subscriptions are billed annually, with full payment required upfront. For custom engagements, invoicing may be arranged under net-30 payment terms.
9.2. Refunds or prorated payments for early cancellations are not provided under any circumstances.
9.3. Attribute Analytics reserves the right to adjust pricing for new or renewed contracts, with Clients being notified of any changes in advance.

10. Modifications and Downtime

10.1. Attribute Analytics may implement updates or modifications to the platform to improve functionality and address issues. Users will be notified of any planned maintenance whenever possible.
10.2. Attribute Analytics strives to perform updates during off-peak hours to minimize disruptions to platform availability.

11. Termination and Suspension

11.1. Either party may terminate this Agreement at any time. However, no refunds will be issued for early termination by the Client.
11.2. Attribute Analytics reserves the right to suspend or terminate access to the platform if the Client or any User breaches this Agreement.

11.3. Upon termination or suspension of this Agreement, the Clients and Users’ access to the platform and related services will be immediately revoked. The Client is responsible for securing any data or materials uploaded to the platform prior to termination, as Attribute Analytics has no obligation to retain, export, or provide access to such data after the termination or suspension date, except as required by law.

11.4. Termination or suspension of this Agreement does not release either party from any obligations accrued prior to the effective termination date, including payment obligations or compliance with confidentiality and intellectual property provisions, which shall survive termination.

12. User Conduct and Prohibited Activities

12.1. Users are strictly prohibited from engaging in activities such as scraping, reverse-engineering, reselling, or exploiting the platform or its data in any manner that violates these Terms or applicable laws. This includes, but is not limited to, attempting to bypass security measures, accessing the platform in an unauthorized manner, copying or replicating proprietary features or data, or using automated systems such as bots or scripts to extract information. Such actions undermine the integrity of the platform and may result in immediate termination of access and legal action.
12.2. The Service is intended solely for use within the food and beverage CPG industry, grocery retail industry, and flavor and ingredient industry and any use outside of this scope is strictly prohibited.

12.3. Users must not use the platform to upload, distribute, or transmit any content that: (a) is unlawful, fraudulent, or harmful; (b) infringes on the intellectual property rights of others; (c) contains malicious code such as viruses or malware; or (d) promotes harmful or unethical practices.

12.4. Users must ensure that their access to and use of the platform complies with all applicable local, state, national, and international laws, regulations, and industry standards. Any use that facilitates or contributes to illegal activity, including unauthorized data collection or privacy violations, is expressly prohibited.

12.5. Users agree not to interfere with or disrupt the operation of the platform, including attempting to overload servers, perform denial-of-service attacks, or compromise the functionality of the platform in any way.

13. Disclaimers and Limitations of Liability

13.1. Our services are provided on an “as is” basis. To the fullest extent permitted by law, we and our affiliates and licensors make no warranties of any kind - whether express, implied, statutory, or otherwise - regarding the services. We expressly disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, as well as any warranties arising from the course of dealing or trade usage. We do not guarantee that the services will be uninterrupted, accurate, error-free, or that any content will remain secure or unaltered. You acknowledge and agree that use of any outputs generated by our service is at your sole risk. You should not rely on such outputs as your sole source of truth, factual information, or as a replacement for professional advice.

13.2. Attribute Analytics is not liable for the accuracy of AI outputs or disruptions caused by third-party providers and/or the utilization of third-party APIs.

13.3. Neither Attribute Analytics, nor its affiliates or licensors shall be held liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to losses related to profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages. These limitations of liability shall apply to the fullest extent permitted by applicable law.

14. Indemnification

14.1. Users agree to indemnify, defend, and hold harmless Attribute Analytics, its affiliates, licensors, officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to: (a) their use of the Service; (b) any content or data they submit, upload, or transmit through the platform; (c) any breach of this Agreement or violation of applicable laws or regulations; or (d) any third-party claims resulting from their actions or use of the Service.

14.2. Users’ obligation to indemnify includes claims that allege infringement of intellectual property rights, misuse of confidential information, violation of privacy rights, or any harm caused by their misuse of the Service.

14.3. Attribute Analytics reserves the right, at its sole discretion and expense, to assume the exclusive defense and control of any matter subject to indemnification by the User. In such cases, the User agrees to cooperate fully with Attribute Analytics in asserting any available defenses.

15. Dispute Resolution and Governing Law

15.1. Arbitration may be pursued as an alternative to litigation, but it is not mandatory.

15.2. If arbitration is pursued, it will be conducted in accordance with the rules of a mutually agreed-upon arbitration service. The arbitration will be held in a location agreed upon by both parties, or if no agreement is reached, in Delaware. Each party will bear its own costs of arbitration, except as required by applicable rules or as awarded by the arbitrator.

15.3. Notwithstanding the above, either party retains the right to seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of its intellectual property rights or confidential information.

15.4. Any claims or disputes arising out of or related to this Agreement must be filed within one (1) year from the date the claim arose, or such claim will be permanently barred, to the extent permitted by law.

15.5. This Agreement is governed by the laws of the State of Delaware, and any disputes will be resolved under Delaware jurisdiction.

16. Updates to the Terms

16.1. Attribute Analytics reserves the right to update this Agreement at its sole discretion. Clients will be notified of any significant updates via email, along with a summary of the changes.

Contact Information

For support you can always reach us at: help@attributeanalytics.com

For legal inquiries: legal@attributeanalytics.com