Terms of Service

Formulai — Terms of Service & Integrated Privacy Notice
Effective date: July 1, 2025

0. Definitions

“Formulai,” “we,” “us,” and “our” mean Formulai Inc.
“Site” means myformulai.com and any sub-domains.
“Service” means the Site, survey, recommendation engine, content, products, and any related tools.
“Consumer Health Data” (or CHD) means any wellness, reproductive-health, fitness, sleep, hormone, or similar information that can reasonably be linked to an identifiable person, as defined under Washington’s My Health My Data Act and Nevada SB 370. (atg.wa.gov, legiscan.com)

1. Acceptance of Terms

By visiting, creating an account, or purchasing from the Site, you agree to be bound by these Terms and all policies referenced herein. If you do not agree, do not use the Service.

2. Eligibility & Age Restrictions

The Service is intended for individuals 18 years or older. We do not knowingly collect data from children. If we discover we hold information about a person under 18, we will delete it within 30 days and disable the account.

3. Description of Service

Formulai provides educational wellness content and algorithmic (automated) product-and-lifestyle recommendations based on a voluntary online questionnaire. We do not diagnose, treat, cure, or prevent any disease, nor do we dispense prescription medications. Always consult a qualified professional before acting on any recommendation.

4. No-Medical-Advice Disclaimer

Information on the Site is for informational purposes only and must not be considered medical advice. Formulai is not a licensed healthcare provider. If you have a medical condition, seek advice from a qualified clinician.

5. User Obligations & Prohibited Conduct

You agree to use the Service lawfully, refrain from transmitting malware, and not exploit, copy, or reverse-engineer any portion of the Service. Violation may lead to immediate termination.

6. Account, Billing & Orders

You must supply accurate and current account, shipping, and payment details and update them promptly. We reserve the right to refuse or limit orders (e.g., per household, payment method, or address).

7. Prices, Availability & Changes

Prices and product availability may change without notice. We may modify, suspend, or discontinue the Service at any time without liability.

8. Intellectual-Property Rights

All content, trademarks, and code on the Site are owned by Formulai or our licensors. Your use is limited to personal, non-commercial purposes unless we grant written permission.

9. Third-Party Tools & Links

The Site integrates third-party services (e.g., Shopify, DigitalOcean, OpenAI, Braintrust, Hotjar). Use of those tools is at your risk and governed by the provider’s terms.

10. User Content & Feedback

If you submit comments, ideas, or survey responses, you grant Formulai a perpetual, worldwide, royalty-free license to use, reproduce, or adapt that material for any purpose without compensation.

11. Privacy & Data Practices

11.1 Categories of Data We Collect

Data Category Examples Purpose
Account Data Name, email, postal address Account creation, shipping, support
Transaction Data Order history, payment method (tokenized) Fulfillment, bookkeeping
Technical Data IP address, device type, cookies, Hotjar session recordings Site analytics, fraud prevention
Consumer Health Data (CHD) Sleep quality, energy level, exercise habits, self-reported hormone concerns Personalised recommendations, research, aggregated analytics

11.2 Consumer Health Data (WA & NV Residents)

Before you submit the wellness survey we will present a distinct, unchecked consent box authorising collection and use of CHD. You may withdraw consent, access or delete CHD, or appeal a refusal within 45 days, as required by:

  • Washington My Health My Data Act (RCW 19.373) and its ban on geofencing near health-care facilities (goodwinlaw.com)

  • Nevada SB 370 (effective March 31 2024) (bhfs.com)

11.3 Sensitive Personal Data — Other U.S. States

Under the California Privacy Rights Act (CPRA), Colorado Privacy Act (CPA), Virginia Consumer Data Protection Act (VCDPA), Delaware Personal Data Privacy Act (effective Jan 1 2025), and similar statutes, wellness data is “sensitive personal information.” These laws grant residents rights to:

  • access, correct, delete, and port their data;

  • opt-out of targeted advertising, data “sales,” or profiling for decisions that produce legal or similarly significant effects;

  • appeal adverse decisions. (bytebacklaw.com, datagrail.io)

You may exercise these rights through our Privacy Portal or by emailing privacy@myformulai.com.

11.4 International Transfers & UK/EU GDPR

If you are in the United Kingdom or European Economic Area, we rely on explicit consent (Article 9(2)(a)) to process wellness data and Standard Contractual Clauses/UK IDTA for transfers to the United States. You have the right to:

  • withdraw consent;

  • object to direct marketing or profiling;

  • request human review of automated recommendations in line with UK/EU GDPR Article 22. (gdpr-info.eu, ico.org.uk)

11.5 Automated Decision-Making

Our recommendation engine uses survey inputs to suggest products and content. No human clinician reviews outputs. You may request a manual review or object to automated processing by contacting us.

11.6 Data Retention

We retain raw survey answers for three (3) years from your last interaction or until you request deletion, whichever comes first. Aggregated or de-identified analytics may be stored indefinitely.

11.7 Security & Breach Notification

Data is encrypted in transit (TLS 1.2+) and at rest (AES-256). Access is role-based and logged. Although we have not completed a SOC 2 audit, we follow industry best practices and monitor for intrusion. If CHD is breached, we will notify affected users and regulators within timelines set by the FTC Health Breach Notification Rule. (ftc.gov, ftc.gov)

11.8 Third-Party Processors

We engage service providers that may process or store data outside your jurisdiction, including:

  • Shopify (e-commerce platform)

  • DigitalOcean & PostgreSQL (hosting/database)

  • OpenAI (AI inference)

  • Braintrust & Hotjar (product analytics/session recordings)

Each processor is bound by a Data Processing Agreement and, where applicable, Standard Contractual Clauses. Transfers are protected with encryption and least-privilege access controls.

12. Prohibited Uses

You may not use the Site or its content to:

  • violate any law or regulation;

  • infringe intellectual-property rights;

  • harass or harm others;

  • upload malicious code;

  • collect data from minors;

  • circumvent security.

13. Disclaimer of Warranties

The Service is provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Results from the recommendation engine are not guaranteed.

14. Limitation of Liability

To the fullest extent permitted by law, Formulai shall not be liable for indirect, incidental, punitive, or consequential damages arising from your use of the Service.

15. Indemnification

You agree to indemnify Formulai, its affiliates, and employees from claims arising out of your breach of these Terms or violation of any law or third-party right.

16. Termination

We may suspend or terminate your access at any time for breach of these Terms. Obligations and liabilities incurred prior to termination survive.

17. Governing Law & Venue

These Terms are governed by the laws of the United States and, where not pre-empted, the State of Delaware, without regard to conflict-of-law principles. Exclusive venue lies in the state or federal courts of Delaware.

18. Severability

If any provision is unenforceable, the remaining provisions will remain in full force and effect.

19. Entire Agreement

These Terms and referenced policies constitute the entire agreement between you and Formulai, superseding prior agreements.

20. Changes to Terms

We may update these Terms at any time. If changes are material, we will post a notice on the Site and update the “Effective date.” Continued use after changes means acceptance.

21. Contact

Questions about these Terms or privacy practices?
Email: info@myformulai.com

Last updated: June 30, 2025