Terms of Service
These Terms of Service (“Terms”) govern your use of Osmarium, operated by Osmarium LLC (“Osmarium,” “we,” “us”), including the website at app.osmarium.com and any associated applications (the “Service”).
By using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Section 18 contains an arbitration agreement and a class action waiver that affect how disputes between you and Osmarium are resolved. Please read it carefully.
1. Eligibility
You must be at least 13 years old to use Osmarium. By using the Service, you represent that you are 13 or older and that you have the legal capacity to enter into these Terms.
If you are under the age of majority where you live, you may use Osmarium only with the involvement of a parent or legal guardian.
2. Your account
You create an account by signing in with Google. You are responsible for the activity that occurs under your account and for maintaining control of the Google account used to access it.
You agree to provide accurate information and to notify us at info@osmarium.com if you believe your account has been accessed without your authorization.
3. Your content
You keep what you create. Reviews, ratings, shelves, favorites, encounter logs, and any other content you submit to Osmarium (“Your Content”) remain yours.
License you grant to us. By submitting Your Content, you grant Osmarium a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, reproduce, display, distribute, adapt, and create derivative works from Your Content, for the purpose of operating, improving, and promoting the Service.
This license includes the right to create de-identified and aggregated data derived from Your Content and from your use of the Service, and to use, publish, and share that de-identified and aggregated data for any purpose, including commercial arrangements with brands, retailers, and other partners. De-identified and aggregated data does not identify you. Our handling of it is described in our Privacy Policy.
Your representations. You represent that you own or have the necessary rights to Your Content, and that Your Content does not infringe the rights of any third party or violate any law.
Survival. The license you grant survives deletion of Your Content to the extent that de-identified or aggregated data has already been created from it, and to the extent necessary for backups to age out under our normal retention cycle.
4. Ingredient and allergen information
Ingredient and allergen information on Osmarium is provided for informational purposes only. It is not medical, health, or safety advice.
Always verify ingredient and allergen information by reading the physical product packaging before using any product.
Fragrance formulations change without notice, differ between regions and production runs, and are documented inconsistently by manufacturers and retailers. Our records may be incomplete, outdated, or incorrect. Osmarium makes no warranty as to the accuracy, completeness, currency, or fitness for any purpose of ingredient or allergen information on the Service.
Osmarium is not liable for any allergic reaction, sensitivity, injury, or other harm resulting from reliance on ingredient or allergen information on the Service.
If you have a known allergy or sensitivity, consult a qualified healthcare professional. Do not rely on Osmarium to determine whether a product is safe for you.
5. Scent comparisons and relations
Osmarium records relationships between scents — including comparisons commonly described as “dupes,” “clones,” “flankers,” or “inspired by” relationships.
Source of these claims. These relationships are user-generated, editorially sourced, or derived from claims made by third parties, and each is recorded with an indication of who asserted it. They are not statements by Osmarium about the composition of any product.
Nominative use. Osmarium refers to products and brands by name solely to identify them and to describe perceived olfactory relationships between them. Such references are descriptive and referential.
No affiliation. Osmarium is not affiliated with, endorsed by, sponsored by, or otherwise connected to any fragrance house, brand, manufacturer, or retailer referenced on the Service. No comparison on Osmarium implies any affiliation, endorsement, sponsorship, licensing relationship, or approval.
Subjectivity. Scent perception is subjective and varies by individual, skin chemistry, environment, and circumstance. A recorded comparison reflects perceived similarity only. It is not a claim of chemical, formulaic, or compositional equivalence, and Osmarium makes no representation that any two products are similar in composition.
6. Trademarks
All brand names, product names, logos, and marks referenced on Osmarium are the property of their respective owners.
Osmarium uses these marks nominatively and referentially — to identify the products they designate — and claims no ownership in them. Such use does not imply affiliation, endorsement, or sponsorship.
Trademark owners with concerns about how a mark appears on Osmarium may contact info@osmarium.com. See Section 11.
7. Osmarium’s data and intellectual property
The Osmarium database — including its structure, schema, taxonomy, controlled vocabularies, identifiers, entity resolution, curated relationships, and the selection, arrangement, and compilation of the records within it — is the proprietary property of Osmarium LLC and is protected by copyright and other applicable law.
Individual facts are not owned by anyone. The compilation is ours.
The Service, including its software, design, and interface, is likewise the property of Osmarium LLC. Nothing in these Terms transfers any ownership interest to you. You are granted a limited, revocable, non-transferable license to access and use the Service for your own personal, non-commercial use.
8. Prohibited conduct
You agree not to:
- scrape, crawl, spider, harvest, or use any automated means to access or extract data from the Service;
- extract, copy, or reproduce the database or any substantial portion of it, whether by automated or manual means;
- use the Service or any data obtained from it to build, train, populate, or improve a competing product, service, dataset, or model;
- resell, sublicense, or redistribute data obtained from the Service;
- circumvent, disable, or interfere with rate limiting, authentication, or any other security or access-control measure;
- access the Service through any interface other than those we provide;
- submit content that is unlawful, infringing, defamatory, or knowingly false;
- impersonate any person or misrepresent your affiliation with any person or entity;
- interfere with the operation of the Service or the use of it by others; or
- use the Service in violation of any applicable law.
9. API access
Osmarium does not currently offer a public API. Programmatic access to the Service is prohibited.
Osmarium may offer licensed API access in the future. Any such access will be governed by a separate written agreement, and nothing in these Terms grants you a right to programmatic or bulk access to Osmarium data.
10. Notice, complaints, and takedown
If you believe content on Osmarium infringes your intellectual property rights, misuses your trademark, misstates a relationship between products, or is otherwise unlawful, contact us at info@osmarium.com.
Please include: your contact information; identification of the specific content at issue and where it appears; the basis for your concern; and, if you are asserting rights in a mark or work, identification of the mark or work and your relationship to it.
We review complaints and respond within a reasonable time, generally within 10 business days. We may remove, restrict the visibility of, or annotate content in response to a complaint, at our discretion and without admission of liability.
Copyright. Notices of claimed copyright infringement should be sent to the address above and should include the elements required under 17 U.S.C. § 512(c)(3). We terminate the accounts of repeat infringers in appropriate circumstances.
11. Disclaimers
THE SERVICE AND ALL CONTENT ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, OSMARIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Osmarium does not warrant that the Service will be uninterrupted, secure, or error-free, or that any data on the Service is accurate, complete, or current. Product data, ingredient information, notes, relationships, and all other records may be incomplete, outdated, or incorrect.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, OSMARIUM LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, the above limitations apply to the fullest extent permitted by law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Osmarium LLC and its officers, members, employees, and agents from and against any claim, demand, liability, damage, loss, or expense — including reasonable attorneys’ fees — arising out of or relating to:
- Your Content, including any comparison, relation, or claim you assert about any product or brand;
- your use of the Service;
- your violation of these Terms; or
- your violation of any law or the rights of any third party.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of any such claim.
14. Termination
By you. You may stop using the Service at any time and may delete your account from your Settings page, or by emailing info@osmarium.com, as described in our Privacy Policy.
By us. We may suspend or terminate your account and your access to the Service at any time, with or without notice, if we believe you have violated these Terms, if your use poses a risk to the Service or to other users, or if we discontinue the Service.
Effect. On termination, your account is removed and Your Content is deleted, subject to the retention and de-identified-data provisions described in Section 3 and in our Privacy Policy.
Survival. Sections 3 (license granted), 4, 5, 6, 7, 11, 12, 13, 14, 17, 18, and 19 survive termination.
15. Changes to the Service
We may modify, suspend, or discontinue any part of the Service at any time. We are not liable to you or to any third party for doing so.
16. Changes to these Terms
We may update these Terms as Osmarium changes. When we do, we will revise the version number and effective date at the top of this page.
If we make a material change, we will provide notice by email or by a prominent notice on the Service before the change takes effect. Your continued use of the Service after a change takes effect constitutes acceptance of the revised Terms. If you do not agree, stop using the Service and delete your account.
17. Governing law
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles.
18. Dispute resolution, arbitration, and class action waiver
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to participate in a class action.
18.1 Informal resolution first
Before initiating any formal proceeding, you agree to contact us at info@osmarium.com with a written description of your claim and the relief you seek, and to attempt in good faith to resolve the dispute informally for at least 30 days. We agree to do the same before initiating any proceeding against you. This step is a precondition to arbitration.
18.2 Agreement to arbitrate
If the dispute is not resolved within 30 days, you and Osmarium agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, and not in court, except as provided in Sections 18.3 and 18.4.
Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator. Arbitration will take place in Virginia, or — at your election — remotely or in the county where you reside. The Federal Arbitration Act governs the interpretation and enforcement of this section.
The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court decides whether the class action waiver in Section 18.5 is enforceable.
18.3 Small claims exception
Either party may bring an individual claim in small claims court in a court of competent jurisdiction, provided the claim remains in that court and on an individual basis.
18.4 Injunctive relief exception
Either party may seek injunctive or other equitable relief in the state or federal courts located in Virginia to protect intellectual property rights or to address unauthorized access to or extraction of data from the Service.
18.5 Class action waiver
You and Osmarium agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative or class proceeding.
If this class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request must proceed in court and is severed from arbitration; all other claims proceed in arbitration.
18.6 Coordinated claims
If 25 or more similar claims are asserted against Osmarium by or with the assistance of the same counsel or coordinated entities, the claims will be resolved in batches of no more than 50 at a time. Each batch proceeds as a single consolidated arbitration with one arbitrator and one set of filing fees. The parties will cooperate in good faith to implement this process efficiently. Any statute of limitations is tolled for claims awaiting a batch.
18.7 Your right to opt out
You may opt out of this arbitration agreement and class action waiver. To do so, send written notice to info@osmarium.com within 30 days of first accepting these Terms, stating your name, the email address associated with your account, and that you are opting out of arbitration.
Opting out does not affect any other part of these Terms, and it will not affect your use of the Service in any way. If you opt out, disputes will be resolved in the state or federal courts located in Virginia, and you and Osmarium consent to the personal jurisdiction of those courts.
18.8 Survival
This Section 18 survives termination of these Terms and of your account.
19. General
Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and Osmarium regarding the Service, and supersede any prior agreements on the subject.
Severability. If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions remain in full force.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
No third-party beneficiaries. These Terms create no rights in any third party.
Headings. Section headings are for convenience only and do not affect interpretation.
20. Contact
Osmarium LLC
info@osmarium.com