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These Terms of Service (this "Agreement") govern your access to and use of the ReguSift website, web application, APIs, label-generation tools, AI-powered compliance scanning, AI claim rewriter, and related services (collectively, the "Service") operated by YQGate Inc., a Delaware corporation ("YQGate," "we," "our," or "us"). The Service is marketed under the brand name "ReguSift." By creating an account, signing in, or using the Service, you (a) confirm that you are at least 18 years old and have the legal capacity to enter into this Agreement, (b) accept and agree to be bound by this Agreement and the FDA Disclaimer Addendum, and (c) on behalf of yourself and the company, brand, or organization you represent, agree to act in accordance with the California Auto-Renewal Law, the federal CAN-SPAM Act, and all other applicable U.S. federal, state, and non-U.S. laws. If you do not agree, you must not access or use the Service.
ReguSift is a business-to-business ("B2B") software-as-a-service tool designed to assist dietary supplement and food brands, contract manufacturers, private-label sellers, and regulatory consultants with the following activities: (a) automated text and image analysis of label artwork, ingredient sheets, and Certificates of Analysis; (b) generation of suggested label layouts in FDA-style formats using a rule-based engine trained on publicly available 21 CFR formatting conventions; and (c) generation of suggested rewording of structure/function claims and ingredient declarations. The Service is provided to business users for use as an internal drafting and review aid. It is not a substitute for legal counsel, regulatory affairs consulting, FDA registration, third-party certification, or pre-market notification.
For purposes of this Agreement, the following capitalized terms have the meanings set out below. Other capitalized terms are defined where they first appear. "Account" means the registered user account that you create to access the Service. "AI Output" means any text, label layout, claim rewrite, score, flag, status indicator, or recommendation generated by the Service using artificial intelligence, large language models, or rule-based engines. "Brand Domain" means the primary internet domain name used to identify your product line, brand, or company. "Confidential Information" has the meaning given in Section 11. "Content" means any text, image, formula, ingredient list, claim, document, photograph, or other material that you upload to, submit to, or process through the Service. "FDA" means the United States Food and Drug Administration. "Order" means each order placed by you for a subscription tier or one-time purchase. "Plan" means the Free, Single Label, or Pro subscription tier you have selected. "Subscription Term" means the period during which you are entitled to access the Pro tier.
You must register and sign in through a third-party identity provider supported by the Service (e.g., Google). You agree to provide true, accurate, current, and complete information about yourself and your company, brand, or organization, and to keep that information up to date. We may require business verification (company name, registered domain, country of incorporation, business contact email) for paid Plans and for features that act on your behalf, such as sending compliance reminder emails or representing you in third-party platform integration.
You are responsible for safeguarding your login credentials, API keys, and any personal access tokens issued to you. You agree to enable two-factor authentication where available. You are responsible for all activities that occur under your Account, whether or not you authorized them. You must notify us immediately at security@labelsift.com upon becoming aware of any unauthorized use of your Account, credential compromise, or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this Section.
We reserve the right to suspend or terminate your Account, at our sole discretion, if we reasonably believe that you have violated this Agreement, the Acceptable Use Policy, the FDA Disclaimer Addendum, or any applicable law, or if your continued use of the Service poses a security, regulatory, or reputational risk to us, other users, or third parties. You may close your Account at any time by following the in-product "Close Account" flow or by emailing privacy@labelsift.com. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Confidentiality, Limitation of Liability, Indemnification, Governing Law, and Disclaimer of Warranties) will survive.
We offer three primary plans: (a) Free, which is a no-charge plan with limited monthly operations, watermarked PDF exports, and no AI rewriter usage; (b) Single Label, which is a one-time purchase that unlocks a single product record, removes the watermark on that record, and includes limited AI rewrite credits; and (c) Pro, which is a monthly or annual recurring subscription that includes unlimited product records, full AI rewriter usage, unbranded SVG and PDF exports, and email support. New users may start with a seven (7) calendar day free trial of the Pro plan, which begins on the day you create an account. We will notify you at least three (3) days before the end of the trial. If you do not cancel before the end of the trial, your selected paid plan will begin at the published monthly or annual rate, billed in advance, and will automatically renew at the then-current rate unless and until you cancel. The specific quotas, AI rewrite limits, watermark rules, export formats, and rewriter capabilities that apply to each plan are described on the Pricing page and in your account dashboard. Plan features, prices, and quotas may be changed upon at least thirty (30) days' prior notice to existing subscribers.
You agree to pay all fees associated with your selected Plan or Order. All prices are stated in U.S. dollars. Unless PayPal collects applicable sales tax, value-added tax, goods and services tax, consumption tax, or similar transaction tax at checkout, the price you see is exclusive of such taxes, and you are solely responsible for self-assessing and remitting any such tax to your local tax authority. If a charge to your PayPal account, credit card, or bank account fails, we may suspend or terminate your access to the paid features of the Service until payment is received. Delinquent accounts may accrue interest at the lower of one and one-half percent (1.5%) per month or the maximum rate permitted by law. If you believe you have been charged in error, you must notify us at support@regusift.com within thirty (30) days of the charge; we will investigate and, if appropriate, refund the disputed amount.
All payment processing for the Service is performed by PayPal Holdings, Inc. and its affiliates ("PayPal") under a direct merchant agreement between YQGate Inc. and PayPal. YQGate Inc. is the seller of record for all subscriptions and one-time purchases. PayPal is a payment processor only and is not the seller of record, distributor, or co-vendor of the Service. Your payment card or PayPal account credentials are submitted directly to PayPal and are never received, stored, transmitted, or processed by YQGate Inc. You should review PayPal's User Agreement and Privacy Statement for the terms and privacy practices applicable to your payment relationship with PayPal. Because we do not currently use automated sales tax, GST, or VAT calculation tools, you may be charged a base subscription price that excludes transaction taxes; you are responsible for self-assessing and remitting any applicable use tax, value-added tax, goods and services tax, consumption tax, or similar transaction tax to your local tax authority unless PayPal collects such tax at checkout in your jurisdiction.
Before initiating any dispute, claim, chargeback, reversal, or complaint with PayPal, your credit card issuer, your bank, or any payment network with respect to a charge from YQGate Inc., you agree to first open a formal support ticket at support@labelsift.com and to allow us a reasonable period of at least five (5) business days to investigate and respond. Due to the digital, instantly downloadable, and informational nature of our compliance reports, scanned outputs, and PDF / SVG label files, any dispute or chargeback initiated after you have (a) exported or downloaded any non-watermarked PDF or SVG label file, (b) used the AI rewriter or AI scanner more than the consumption threshold defined in the Billing and Refund Policy, or (c) unlocked a single-label purchase, will be deemed a material breach of this Agreement. In such case, we reserve the right, in our sole discretion, to (i) refuse the dispute, (ii) immediately suspend or terminate your account, (iii) revoke any unexpired subscription period without refund, (iv) cancel any pending one-time unlocks, and (v) blacklist the brand domain, email domain, and business entity associated with the dispute from creating new accounts.
In addition to the Acceptable Use rules referenced above, you agree that you will not use the Service to: (a) generate, store, transmit, or process Protected Health Information (PHI) as defined in 45 CFR 160.103 or any analogous health-data subject to GDPR Article 9 or the Washington My Health My Data Act; (b) generate labels or claims for products that fall outside the Service's scope, including prescription drugs, controlled substances, biological products (subject to 21 CFR 600 et seq.), medical devices (subject to 21 CFR 807), cosmetics making therapeutic claims, or tobacco products; (c) generate "FDA approved," "FDA recognized," "cures," "treats," "prevents," or any disease-treatment claim that is prohibited for dietary supplements under 21 USC 343(r)(6); (d) remove, alter, or fail to add a legally required DSHEA disclaimer, allergen declaration, or Prop 65 warning; (e) upload Content that is subject to third-party intellectual property rights without the necessary licenses, authorizations, or releases; (f) attempt to reverse-engineer, decompile, or otherwise extract source code or model weights from the Service; (g) access the Service through automated means (bots, scrapers, crawlers) other than our published APIs; (h) bypass, circumvent, or attempt to circumvent paywalls, rate limits, or consumption caps; (i) use the Service to compete with YQGate, including by training a competing AI model on output of the Service; (j) impersonate any person or entity or misrepresent your affiliation with any person or entity; (k) upload Content that is unlawful, infringing, defamatory, obscene, harassing, hateful, or otherwise objectionable; or (l) violate any applicable U.S., non-U.S., or international law, rule, or regulation.
You may use the Service only for lawful, FDA-supplement-and-food-labeling-related business purposes. The Service is offered on a B2B basis. You must comply with all applicable U.S. federal, state, and non-U.S. laws, including the Federal Food, Drug, and Cosmetic Act, FDA regulations under 21 CFR (in particular 21 CFR Part 101 for food labeling and 21 CFR Part 111 for dietary supplement current Good Manufacturing Practices), the FTC Act and FTC Endorsement Guides, the DSHEA structure/function claim framework, the FALCPA and FASTER Act allergen labeling rules, the CCPA/CPRA, the CAN-SPAM Act, and HIPAA where applicable.
You agree not to: (1) violate any applicable law, rule, or regulation; (2) infringe any third-party intellectual property, privacy, publicity, or other right; (3) upload, store, transmit, or process Protected Health Information (PHI) as defined in 45 CFR 160.103 or any analogous health data subject to GDPR Article 9 or the Washington My Health My Data Act; (4) generate labels, claims, or rewrites for products outside the Service's scope, including prescription drugs, controlled substances, biological products, medical devices, cosmetics making therapeutic claims, or tobacco products; (5) generate "FDA approved," "FDA recognized," "cures," "treats," "prevents," or any other disease-treatment claim prohibited for dietary supplements under 21 USC 343(r)(6); (6) upload Content that contains malware, viruses, or other harmful code; (7) attempt to gain unauthorized access to the Service, other users' Accounts, or our underlying systems; (8) interfere with or disrupt the Service or the data of other users; (9) reverse-engineer, decompile, or extract source code or model weights from the Service; (10) access the Service through automated means (bots, scrapers, crawlers) other than our published APIs and SDKs; (11) bypass, circumvent, or attempt to circumvent paywalls, rate limits, AI rewrite quotas, watermark rules, or export caps; (12) use the Service to train a competing AI model or label-generation product; (13) impersonate any person or entity or misrepresent your affiliation with any person or entity; or (14) use the Service for any unlawful or unauthorized purpose.
If we reasonably believe that you have engaged in any prohibited conduct, we may, at our sole discretion and without prior notice: (a) issue a written warning; (b) throttle, suspend, or terminate your Account; (c) remove or quarantine any offending Content or AI Output; (d) refuse to process any pending or future orders; (e) report the conduct to law enforcement or regulatory authorities; and (f) take any other action we deem appropriate. We will, where lawful and feasible, give you an opportunity to cure non-material violations before termination. We reserve the right to recover the actual costs of investigation and remediation from you for any violation that, in our reasonable judgment, was willful, repeated, or caused material harm to us or to other users.
Subject to your continuing compliance with this Agreement and the payment of all fees, YQGate grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during the applicable Subscription Term. All right, title, and interest in and to the Service, including the underlying software, AI models, rule engines, training data we developed, user interface, design, and documentation, are and will remain the exclusive property of YQGate and its licensors. You retain all right, title, and interest in and to your Content, including your formulas, ingredient lists, claim language, label artwork, and product images. You hereby grant YQGate a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, process, transmit, store, and display your Content solely as necessary to provide the Service to you, to detect and prevent abuse, to comply with law, and to improve the Service's rule engines in de-identified, aggregated form. You also grant YQGate a worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute any AI Output that you have exported from the Service without infringement of any third-party rights, on the understanding that you are solely responsible for the accuracy and legality of the AI Output you choose to publish. You acknowledge that AI Output may not be unique, that the same or similar output may be generated for other users, and that YQGate does not warrant the originality of any AI Output. Feedback that you provide to us is not confidential, and we may use it for any purpose without compensation to you.
You are solely responsible for your Content, including the accuracy, completeness, legality, and regulatory sufficiency of any formula, ingredient declaration, claim, label artwork, or product image that you upload, process, modify, or export using the Service. You represent and warrant that (a) you own or have sufficient rights to upload and process your Content through the Service, (b) your Content does not infringe the intellectual property rights, privacy rights, or publicity rights of any third party, and (c) your Content does not include PHI or other health data subject to heightened legal protection. You acknowledge that the Service stores and processes your Content using third-party cloud infrastructure located in the United States and that your Content will be transmitted across international boundaries, as further described in the Privacy Policy and the Cross-Border Data section referenced below. Although we implement reasonable administrative, technical, and physical safeguards, you acknowledge that no system is perfectly secure, that we do not warrant absolute security, and that you are responsible for retaining offline copies of your own formulas, Certificates of Analysis, supplier agreements, and other business records.
Each party may disclose Confidential Information to the other in connection with the Service. "Confidential Information" means any non-public information that a reasonable person would understand to be confidential under the circumstances, including your Content, your subscription details, our source code, our model weights, and the terms of this Agreement. The receiving party will (a) use the Confidential Information only to exercise rights and perform obligations under this Agreement, (b) protect the Confidential Information using at least the same degree of care it uses to protect its own confidential information of like importance (and in no event less than a reasonable degree of care), and (c) not disclose Confidential Information to any third party except to its employees, contractors, and professional advisors who have a need to know and who are bound by confidentiality obligations no less protective than those in this Section. These obligations do not apply to information that (i) is or becomes publicly known through no fault of the receiving party, (ii) was already known to the receiving party at the time of disclosure, (iii) is rightfully received from a third party without a duty of confidentiality, or (iv) is independently developed without use of the disclosing party's Confidential Information. The receiving party may disclose Confidential Information to the extent required by law or court order, provided that it gives the disclosing party prompt written notice (where legally permitted) and reasonable cooperation to seek a protective order.
The Privacy Policy and the California Addendum (CCPA, CPRA, Prop 65) are incorporated by reference into this Agreement and govern the collection, use, retention, and disclosure of personal information. By agreeing to this Agreement, you confirm that you have read and understood the Privacy Policy and the California Addendum. Where you upload Content that contains personal information of your employees, contractors, customers, or other individuals, you represent and warrant that you have a lawful basis to do so and to permit YQGate to process that information as described in the Privacy Policy.
Your data may be stored on servers located in the United States or other jurisdictions. Where your data is transferred outside of your home jurisdiction, LabelSift will take reasonable measures to protect that data, including, without limitation, encryption in transit and at rest, access controls, and (where required by applicable law) Standard Contractual Clauses, data protection impact assessments, or other appropriate legal mechanisms. You understand and agree that, to the extent necessary to provide the Service, your data may be transferred to and processed in different jurisdictions, including the United States, where LabelSift's primary cloud infrastructure is located. If you have specific requirements regarding cross-border data transfer, please consult a compliance advisor before uploading sensitive data.
The Service provides AI-powered features including, without limitation, the AI Scanner, the AI Rewriter (also called the Compliance Copilot), the AI Fixer, and the Label Generator. You acknowledge and agree that (a) the Service is an automated informational compliance screening aid and does not constitute legal advice, regulatory consulting, attorney representation, or FDA approval; (b) any AI Output is generated by statistical models and rule engines and may contain errors, omissions, or inappropriate recommendations; (c) you are solely responsible for reviewing, validating, and verifying any AI Output before adopting it into a final product, label, claim, or marketing material; (d) you must add the legally required DSHEA disclaimer, allergen declarations, FALCPA/FASTER Act disclosures, and Prop 65 warnings to your final label yourself; (e) the FTC requires you to possess "competent and reliable scientific evidence" substantiating any objective health, performance, or efficacy claim, and the Service does not perform substantiation analysis; and (f) the Service is not a HIPAA-compliant system and you must not upload Protected Health Information. The full FDA Disclaimer Addendum, incorporated by reference, contains additional UPL firewalls and is also available at /legal/fda-disclaimer.
The Service provides automated informational compliance screening based on publicly available U.S. Food and Drug Administration ("FDA") regulations, guidance documents, and 21 CFR labeling rules. The Service does not constitute legal advice, attorney representation, regulatory consulting, paralegal service, or any other form of professional practice regulated by any U.S. state, federal, or non-U.S. jurisdiction. No attorney-client, regulator-consultant, or other privileged relationship is created by your use of the Service. You should independently determine whether to upload, process, modify, export, market, distribute, label, or rely on any output of the Service and bear the corresponding regulatory and legal consequences. When necessary, you should consult a qualified U.S.-licensed attorney, a regulatory affairs consultant (RAC), or other appropriate professional advisor.
LabelSift is not affiliated with, owned by, sponsored by, endorsed by, approved by, or in any way authorized by the U.S. Food and Drug Administration ("FDA") or any other U.S. federal, state, local, or non-U.S. regulatory authority. References to FDA regulations, 21 CFR provisions, guidance documents, warning letters, or compliance policies in the Service are made solely for the purpose of providing automated informational analysis based on publicly available government publications. LabelSift does not issue, and is not authorized to issue, any FDA clearance, approval, registration, listing, or any other regulatory determination. Any output, badge, score, status, certificate, watermark, or label that appears in or is exported from the Service (including but not limited to "compliance score," "ready to publish," "FDA-style label," or similar terminology) reflects LabelSift's automated pattern-matching analysis of publicly available regulatory text and does not represent a regulatory outcome, government endorsement, or any form of certification. You may not market, advertise, or describe any LabelSift output as "FDA approved," "FDA recognized," "FDA cleared," "FDA registered," "FDA compliant," "endorsed by the FDA," or using any other language that suggests a regulatory or governmental endorsement.
Under the Dietary Supplement Health and Education Act of 1994 ("DSHEA") and 21 CFR 101.93, structure/function claims (such as "supports immune function," "promotes healthy digestion," or "helps maintain cognitive health") must be accompanied by the mandatory FDA disclaimer: "This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease." The disclaimer must appear on the same panel as the claim, in a type size no smaller than the claim itself. LabelSift's AI-assisted rewriter only suggests semantic structures and rewording based on regulatory text patterns. It is your sole and absolute responsibility to ensure that the final product label displays the exact, legally required DSHEA disclaimer in the required font size, position, and prominence. LabelSift does not automatically insert, validate the placement of, or guarantee the formatting of the DSHEA disclaimer on your final physical or digital packaging. You are also solely responsible for (a) submitting the required notification to the FDA of any structure/function claim at least 30 days before marketing under 21 USC 343B, and (b) retaining the substantiation evidence supporting the claim.
The Federal Trade Commission ("FTC") regulates advertising claims (including online marketing copy, social media posts, Amazon listings, influencer content, and email campaigns) under the FTC Act and the Dietary Supplement Health and Education Act. The FTC requires that advertisers possess "competent and reliable scientific evidence" (typically randomized, controlled human clinical trials) substantiating any objective health, performance, or efficacy claim before the claim is disseminated. LabelSift's AI rewriter may suggest claim language based on regulatory text patterns and common industry usage, but it does not perform, evaluate, or warrant the existence of competent and reliable scientific evidence supporting any claim. You are solely responsible for (a) maintaining documentary substantiation for every claim you publish, (b) ensuring the claim is truthful and not misleading, (c) complying with FTC endorsement guides regarding testimonials and influencer disclosures, and (d) the consequences of any FTC enforcement action, civil investigative demand, or consumer protection lawsuit. LabelSift does not provide FTC compliance review, advertising claim substantiation analysis, or marketing copy approval services.
LabelSift provides automated ingredient and allergen screening based on text you provide. The U.S. Food Allergen Labeling and Consumer Protection Act ("FALCPA") and the Food Allergy Safety, Treatment, Education, and Research Act ("FASTER Act," effective January 1, 2023) require disclosure of the nine major food allergens: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, and sesame. LabelSift's screening reflects these requirements as of the effective date of these regulations. However, due to variations in ingredient sourcing, supplier reformulations, "may contain" precautionary labeling ("PAL"), cross-contact in shared manufacturing facilities, and the inherent limitations of automated text analysis, LabelSift's allergen identification is a screening aid only and does not constitute a determination of the actual allergen content of your product. You remain solely responsible for: (a) confirming allergen declarations with your ingredient suppliers and Certificate of Analysis, (b) evaluating cross-contact risk in your manufacturing environment, (c) deciding whether to include precautionary allergen labeling, and (d) complying with FALCPA, FASTER Act, and equivalent state and non-U.S. allergen labeling requirements.
LabelSift is a business-to-business ("B2B") compliance tool and is not a HIPAA-covered entity, business associate, or business associate subcontractor. The Service is not designed, marketed, certified, or warranted as compliant with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the Health Information Technology for Economic and Clinical Health Act ("HITECH"), the EU General Data Protection Regulation ("GDPR") provisions governing health data, or any other law regulating the processing of personal health information. You are strictly prohibited from uploading, submitting, transmitting, or processing through the Service any "Protected Health Information" ("PHI") as defined under 45 CFR 160.103, any "personal health data" subject to GDPR Article 9, any "consumer health data" subject to the Washington My Health My Data Act or similar state laws, or any other data subject to heightened health-data legal protections. The Service may be used only with formulation, ingredient, manufacturing, and business information that is not personal health information.
AI or automated output is probabilistic and inherently limited. It may contain errors, omissions, misclassifications, biases, formatting issues, incomplete context, recognition failures, model hallucinations, or output that does not meet the procedural requirements of a specific jurisdiction. LabelSift does not warrant the correctness, completeness, legality, admissibility, or fitness for any particular case, court, arbitral tribunal, regulatory proceeding, or jurisdiction of any AI output, automated analysis, or automated processing result. All AI or automated results are for reference only and must be independently reviewed, manually verified, and subjected to professional judgment by you, in particular before they are submitted to a court, arbitral institution, opposing counsel, a client, a regulator, or any other third party.
YQGate implements reasonable administrative, technical, and physical safeguards designed to protect your Content and personal information against unauthorized access, use, disclosure, alteration, or destruction. These safeguards include encryption in transit (TLS 1.2 or higher), encryption at rest (AES-256 on stored databases), logical access controls, role-based permissions, audit logging of administrative actions, and a written incident response plan. However, no system is completely secure, and YQGate does not warrant absolute security. In particular, you acknowledge that (a) the use of AI models and cloud infrastructure introduces residual risk of unauthorized disclosure; (b) the Service is a software tool and not a records-management or backup system; and (c) you are responsible for retaining offline copies of your own formulas, Certificates of Analysis, supplier agreements, finished artwork, and any other business records you consider important. YQGate's standard data retention period is the duration of your account plus thirty (30) days after account closure, after which your Content and personal information will be deleted from production systems except as required to comply with law, resolve disputes, or enforce agreements. Backups may persist in encrypted form for an additional period not to exceed ninety (90) days.
YQGate may modify, suspend, or discontinue the Service (or any feature or plan) at any time, in its sole discretion, with or without notice. Without limiting the foregoing, we will update the regulatory rule set used by the AI Scanner, the AI Rewriter, and the Label Generator from time to time to reflect changes in FDA regulations, guidance documents, FDA Warning Letter trends, FTC guidance, and state law. We do not warrant that the rule set will be in lockstep with regulatory updates at the time of your use of the Service. The "rule set version date" displayed in your account dashboard reflects the most recent date on which the rules used to generate your last scan were updated. You are responsible for reviewing the rule set version date of any AI Output you choose to rely on.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS-IS," "AS-AVAILABLE," AND "WITH ALL FAULTS" BASIS. YQGate, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, YQGate MAKES NO WARRANTY OR REPRESENTATION THAT (a) ANY AI OUTPUT IS ACCURATE, COMPLETE, OR FIT FOR YOUR SPECIFIC PRODUCT, JURISDICTION, OR BUSINESS PURPOSE; (b) USE OF THE SERVICE WILL RESULT IN FDA ACCEPTANCE, FTC CLEARANCE, OR ABSENCE OF ANY ENFORCEMENT ACTION; (c) THE SERVICE MEETS THE REQUIREMENTS OF THE FTC ACT, DSHEA, FSMA, FALCPA, FASTER ACT, HIPAA, CCPA, CPRA, PROPOSITION 65, OR ANY OTHER LAW; OR (d) THE SERVICE IS APPROVED, ENDORSED, OR RECOMMENDED BY THE FDA, FTC, USDA, OR ANY OTHER GOVERNMENTAL OR REGULATORY AUTHORITY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY YQGATE OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YQGATE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (a) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (b) ANY LOSS OF PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS, BUSINESS OPPORTUNITY, OR DATA; (c) ANY PRODUCT LIABILITY CLAIM, REGULATORY FINE, FDA WARNING LETTER RESPONSE COST, RECALL COST, PRODUCT REWORK COST, OR CONSUMER CLASS ACTION DAMAGES; OR (d) ANY DAMAGES ARISING OUT OF OR RELATING TO YOUR RELIANCE ON ANY AI OUTPUT, YOUR DECISION TO DISTRIBUTE A PRODUCT, OR ANY THIRD-PARTY ENFORCEMENT ACTION, IN EACH CASE WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YQGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF YQGATE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNTS YOU HAVE PAID TO YQGATE UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (ii) FIVE HUNDRED U.S. DOLLARS (US$500). THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify, and hold harmless YQGate, its affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors from and against any third-party claim, demand, action, suit, proceeding, investigation, or enforcement action (including any FDA Warning Letter, FTC investigation, state attorney general action, recall notice, consumer class action, product liability claim, or personal injury claim) arising out of or relating to (a) your Content; (b) your products, including the design, manufacture, marketing, distribution, sale, labeling, packaging, and post-market surveillance of any product for which you used the Service; (c) your use of the Service in violation of this Agreement, the FDA Disclaimer Addendum, or applicable law; (d) your failure to add a legally required DSHEA disclaimer, allergen declaration, FALCPA/FASTER Act disclosure, or Prop 65 warning; (e) your advertising claims and your failure to possess competent and reliable scientific evidence substantiating those claims; (f) any claim that your product caused injury, illness, allergic reaction, or death; or (g) your breach of any representation, warranty, or covenant in this Agreement. YQGate reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of those claims. You will not settle any claim without our prior written consent.
This Agreement is effective as of the date you first accept it and continues until terminated. You may terminate this Agreement at any time by closing your account, which you can do through your account dashboard or by emailing support@regusift.com. YQGate may terminate or suspend this Agreement, your Account, or your access to the Service at any time, with or without cause, with or without notice, including (without limitation) for any breach of this Agreement, any suspected fraudulent or unlawful activity, any chargeback or payment dispute initiated by you, any failure to provide accurate registration information, or any request by law enforcement. Upon termination: (a) your license to use the Service ends; (b) YQGate may delete your Content, your AI Output history, and your personal information in accordance with the Privacy Policy; and (c) the Sections of this Agreement that by their nature should survive termination (including Confidentiality, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and any other provision that by its nature is intended to survive) will survive.
Nothing in this Section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or trade secrets, or to enforce a clickwrap acceptance record. Each party bears its own costs and attorneys' fees in any dispute, except as otherwise required by applicable law.
This Agreement is governed by the laws of the State of Delaware, United States of America, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively in the state or federal courts located in Wilmington, Delaware, or, if mutually agreed by the parties in writing, by binding individual (not class, not consolidated) arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitrator or court shall apply Delaware substantive law. The parties hereby (a) consent to the personal jurisdiction of such courts, (b) waive any objection based on inconvenient forum, and (c) waive any right to a jury trial. Nothing in this Section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
You and YQGate Inc. each agree that any dispute resolution proceedings, including arbitration, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and YQGate Inc. each knowingly and irrevocably waive any right to a trial by jury. You also agree not to participate in any class, collective, or representative action against YQGate Inc. If this class action waiver is held unenforceable as to all or part of a dispute, then the class, collective, or representative action procedure will be severed from the proceedings, and the remaining claims will proceed on an individual basis.
This Agreement, together with the Privacy Policy, the FDA Disclaimer Addendum, the California Addendum, and the Billing and Refund Policy, constitutes the entire agreement between you and YQGate with respect to the Service. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable. Our failure to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. You may not assign this Agreement, in whole or in part, without our prior written consent; we may assign this Agreement in connection with a merger, acquisition, sale of all or substantially all of our assets, or operation of law. The section headings used in this Agreement are for convenience only and have no legal effect. This Agreement is the parties' final, integrated agreement with respect to its subject matter and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
We may deliver notices to you under this Agreement by: (a) email to the address associated with your Account; (b) in-product notification; (c) posting on the LabelSift service-status page or our official announcements channel; or (d) registered mail to the address you have provided. You consent to receive notices electronically, which satisfies any legal requirement that such notices be in writing. You are responsible for keeping your email address current and for monitoring your inbox and the Service for notices.
For questions about this Agreement, the FDA Disclaimer Addendum, or the California Addendum, please contact us at:
LabelSift (a brand of YQGate Inc., a Delaware corporation)
Attn: Legal Department
Email: legal@labelsift.com
Support: support@labelsift.com
Privacy / Data Protection: privacy@labelsift.com
Registered Agent: YQGate Inc., c/o Registered Agent of Record, 8 The Green, Suite #5199, Dover, DE 19901, United States.
For U.S. tax, EIN, or business-licensing inquiries, write to billing@labelsift.com.
The parties shall first attempt to resolve any dispute arising out of or relating to this Agreement through good-faith negotiation for a period of not less than thirty (30) calendar days following written notice of the dispute. If the dispute is not resolved within that period, either party may pursue any available legal remedy in accordance with Section 19 (Governing Law and Dispute Resolution). Nothing in this Section prevents either party from seeking immediate injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, Confidential Information, trade secrets, or to enforce a clickwrap acceptance record.