Terms of Service

1. Acceptance of Terms

By accessing and using the website at fermentile.com (the “Website”) and the Fermentile analytics platform (the “Service”), you accept and agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our Website or Service.

2. Use of the Website and Service

You may use our Website and Service for lawful purposes only. You agree not to:

• Use the Website or Service in any way that violates applicable laws or regulations, including 21 CFR Part 11 or FDA cGMP requirements applicable to your organization;
• Transmit any unsolicited or unauthorized advertising or promotional material;
• Attempt to gain unauthorized access to any part of the Website or Service;
• Interfere with the proper working of the Website or Service;
• Engage in any conduct that restricts or inhibits anyone’s use of the Website.

3. Pilot Program and Service Access

Access to the Fermentile analytics platform is granted through a pilot program agreement. Pilot participants are bound by the terms of their separate pilot agreement, which governs data access, integration requirements, confidentiality, and usage scope. These Terms of Service govern use of the public-facing website only; the platform access agreement governs platform use.

4. Intellectual Property

The Website and its original content, features, and functionality are owned by Fermentile, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. The Fermentile platform, including the deviation classification engine, batch comparison methodology, and audit trail generation workflows, are proprietary to Fermentile, Inc.

5. Disclaimer of Warranties

The Website is provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. Fermentile, Inc. does not warrant that the Website will be uninterrupted or error-free, or that the results obtained from using the Website will be accurate or reliable. The Fermentile platform is designed to support compliance with applicable regulatory requirements; however, Fermentile, Inc. does not warrant that use of the platform will satisfy any specific regulatory requirement.

6. Limitation of Liability

To the fullest extent permitted by law, Fermentile, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Website or Service.

7. External Links

Our Website may contain links to third-party websites (including DCS historian vendors, LIMS providers, and regulatory agency resources). These links are provided for your convenience only. Fermentile, Inc. has no control over the content of those websites and accepts no responsibility for them.

8. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

9. Changes to Terms

Fermentile, Inc. reserves the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on this page with an updated “Last updated” date. Your continued use of the Website after such changes constitutes your acceptance of the new Terms.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law provisions. Any disputes arising under these Terms shall be resolved in courts of competent jurisdiction in San Diego County, California.

11. Contact Us

If you have any questions about these Terms, please contact us at:

• Fermentile, Inc.
• Email: [email protected]
• Address: 4275 Executive Square, Suite 600, San Diego, CA 92037
• Phone: +1 (858) 491-7464