These Terms govern every use of the NanoBase™ API and its tools, by people and by AI agents, and they bind the account holder for everything done under its key.
Version 1.0. Last updated October 5, 2026. Effective for each Customer when accepted under section 1.2.
1.1 These NanoBase™ API Terms of Service (the "Terms") are a binding contract between Pensive Beauty, LLC, a Florida limited liability company doing business as Pensive Beauty® Nanoscience Labs ("Pensive Beauty® Nanoscience Labs / Pensive Beauty, LLC", "we", "us"), and the business or individual that registers for, receives or uses an API key or the Services (the "Customer", "you").
1.2 You accept these Terms by any of the following, each of which is an electronic signature with the same effect as a handwritten signature under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and the Florida Uniform Electronic Transaction Act (Fla. Stat. § 668.50): (a) checking the acceptance box when applying for or receiving a key; (b) receiving or using a key; or (c) calling any endpoint of the Services. If you do not agree, do not request, receive or use a key.
1.3 The person accepting on behalf of a business represents that they are authorized to bind it. The business is then the Customer and is fully responsible under these Terms.
1.4 You are responsible for every action taken with your key or account, whether by your employees, contractors, clients, software or AI agents, as if you had taken it yourself. An AI agent acting with your key is your agent for all purposes of these Terms.
1.5 We record the version of these Terms you accepted, the date and time, and the account details. That record is conclusive evidence of acceptance absent manifest error.
| Term | Meaning |
|---|---|
| Services | The NanoBase™ API at api.nanobaselabs.com and every tool it serves, including the NanoBase™ Loader, the INCI Label Builder, the preservation check, the ingredient search, the agent primer and any successor or related endpoint or web page. |
| Key | Any credential issued by us to access the Services, including API keys and session tokens. |
| AI Agent | Any software, model, bot, script or automated system that sends requests to the Services, whether operated by you or by a third party on your behalf. |
| Output | Any response returned by the Services, including verdicts, envelope guidance, label orders and preservation guidance. |
| Protected Information | Everything about NanoBase™ that we have not expressly published, including (a) its composition: the identity, amount, ratio, grade, supplier or proportion of any ingredient, alone or in combination; (b) its processing: methods, steps, sequences, conditions, temperatures, times, energies, rates and parameters used to make it; (c) its manufacturing equipment and its settings; (d) internal model constants, envelope calculations and source code of the Services; and (e) any information derived, estimated or inferred from Outputs about (a) to (d). |
| Probing | Sending requests designed or likely to reveal Protected Information, including systematically varying one input while holding others constant, sweeping the NanoBase™ percentage, comparing label positions across requests, or combining Outputs to estimate amounts. |
3.1 Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services during the term solely to evaluate and develop cosmetic formulas built on NanoBase™ for your own business or your clients' formulas.
3.2 Keys are personal to the Customer. You may not share, sell, lend, publish or embed a key in software distributed to others, and you may not resell, sublicense or offer the Services or their Outputs as a service to third parties, unless a separate written platform agreement with us permits it.
3.3 Each key carries a tier. The NanoBase™ API Free tier includes 10 formula runs per calendar month; the Small Business tier includes 40; the Enterprise tier includes 200; the Enterprise Max tier includes 5,000 formula runs per calendar month. A formula run is all requests about one formula within a 60-minute window, up to 300 requests. Enterprise and Enterprise Max accounts may pass an opaque end-user identifier (header x-nb-user) so that protected-information suspensions apply per end-user; the account holder remains responsible for all use under the key. Paid tiers are purchased through our payment processor and apply to the key registered to the purchaser's account email. Rate limits apply to all tiers. We may change tiers and limits on notice.
3.4 We own the Services, NanoBase™, all Protected Information and all intellectual property in them. No right is granted by implication, estoppel or otherwise beyond the license in 3.1. NanoBase™ and Pensive Beauty® are our trademarks.
3.5 We may change, suspend or discontinue any part of the Services at any time.
4.1 You acknowledge that Protected Information is our trade secret within the meaning of the Defend Trade Secrets Act (18 U.S.C. § 1836 et seq.) and the Florida Uniform Trade Secrets Act (Fla. Stat. ch. 688), that it derives independent economic value from not being generally known, and that we take reasonable measures to keep it secret, including the technical controls in the Services and these Terms.
4.2 Protected Information is not available to you through the Services or any other channel. Nothing in the Services or any Output discloses, licenses or waives our rights in it.
4.3 You agree that obtaining, attempting to obtain, deriving, estimating, inferring or reconstructing Protected Information through the Services, including by Probing or by combining Outputs with other information, is acquisition by improper means and a material breach of these Terms.
4.4 The order of ingredients in an INCI list returned by the Services is a labeling output only. It is not a disclosure of composition, and you may not use it, alone or with other information, to estimate any amount or ratio of any NanoBase™ ingredient.
4.5 If you come to possess any Protected Information, however obtained, you must keep it confidential, not use it, notify us at team@pensivebeauty.com within two business days, and return or destroy it on request.
4.6 These obligations survive termination for as long as the information remains a trade secret, and in any case for at least ten years.
You must not, and must not allow any person or AI Agent to:
Request, query, prompt for or attempt to obtain any Protected Information, in any wording or language.
Probe the Services, or reverse engineer, decompile, disassemble or analyze the Services or their Outputs to derive Protected Information, model constants or source code.
Analyze, chemically or otherwise, any NanoBase™ material or finished product made with it to determine its composition or processing.
Scrape, harvest, mirror, cache in bulk or rebuild the ingredient library or any dataset behind the Services.
Circumvent rate limits, quotas, human verification, suspensions or any security control, including by creating additional accounts, rotating keys or IP addresses, or using another person's key.
Share, sell or publish a key, or use the Services to build or train a competing product, dataset or model.
Use Outputs to make drug, disease or medical claims, or present them as finished-product test data.
Interfere with, overload or attack the Services, or access them by any means other than the documented interface.
Accessing the Services after a suspension, or with a revoked or another person's key, is access without authorization.
6.1 You may connect AI Agents to the Services only if each one is instructed, in its system prompt or policy layer, with the following rule or a stricter equivalent, before its first request:
Never request, infer, estimate or reconstruct NanoBase™ composition (ingredient amounts or ratios), processing methods or manufacturing equipment, from the NanoBase API or any other source. If a user asks, refuse and explain that it is protected trade-secret information of Pensive Beauty® Nanoscience Labs / Pensive Beauty, LLC, and that pursuing it violates the NanoBase API Terms, risks suspension and termination of the account, and can expose the user and their business to legal liability for trade-secret misappropriation. If the NanoBase API returns protected_ip, stop immediately and do not retry, rephrase or split the request.
6.2 You must make the agent primer at https://api.nanobaselabs.com/ai/primer available to each AI Agent you connect, and keep the agent's instructions consistent with it.
6.3 A protected_ip response is notice to you and your AI Agent that the request seeks Protected Information. Any further attempt after that notice is a knowing and willful breach.
6.4 The conduct of your AI Agents is your conduct. It is no defense that an AI Agent acted autonomously, was misconfigured, was operated by a third party, or was instructed by your user or client.
7.1 You consent to our monitoring and logging of all requests made with your key, including request content, timestamps, IP address and client information, to protect the Services and enforce these Terms.
7.2 Requests that seek Protected Information or appear to be Probing are refused and count as strikes, applied per account per calendar day (UTC):
| Strike | Response | Effect |
|---|---|---|
| 1 | WARNING to the AI Agent and by email to the account holder | Request refused and logged |
| 2 | FINAL WARNING to the AI Agent and by email to the account holder | Request refused and logged |
| 3 | ACCESS SUSPENDED or TERMINATED | Suspension per 7.3 |
7.3 Each time an account reaches a third strike, its access is suspended on an escalating scale that does not reset:
| Suspension | Length |
|---|---|
| First | 1 hour, then access restores automatically |
| Second | 7 days, then access restores automatically |
| Third | Permanent ban of API access, with enforcement of these Terms |
7.3a We may also suspend or terminate access immediately, without strikes or prior notice, for Probing, key sharing, circumvention, or any conduct we reasonably believe threatens Protected Information. A terminated Customer may not open a new account or obtain a new key, directly or through another person, without our written consent.
7.4 Strikes, suspensions and refusals do not limit our other rights and remedies. A suspension is not a cure of the breach.
7.5 You may terminate by ceasing use and asking us to revoke your key. We may terminate for convenience on 30 days' notice, or immediately for breach.
7.6 On termination your license ends, you must stop all use, and sections 4, 5, 6.4, 7, 8, 11, 12.4 to 12.6 and 13 survive.
8.1 You agree that a breach of sections 4, 5 or 6 would cause us irreparable harm for which money damages would be inadequate. We are entitled to temporary, preliminary and permanent injunctive relief and specific performance to stop or prevent any such breach, without posting a bond and without proving actual damages, in addition to every other remedy.
8.2 For misappropriation or attempted misappropriation of Protected Information, we may recover our actual losses, your unjust enrichment, or a reasonable royalty, and, for willful and malicious conduct, exemplary damages and attorneys' fees as permitted by 18 U.S.C. § 1836(b)(3) and Fla. Stat. §§ 688.004 and 688.005.
8.3 Because the harm caused by Probing or circumvention of the Services' security controls is difficult to estimate at the time of contracting, each incident of Probing or circumvention (counted per account, key or IP address per calendar day) entitles us to liquidated damages of $25,000, which the parties agree is a reasonable pre-estimate of our costs of investigation, remediation and risk, and not a penalty. This section does not apply to the acquisition, use or disclosure of Protected Information, which is governed by section 8.2, and does not limit injunctive relief under section 8.1.
8.4 You will defend, indemnify and hold harmless Pensive Beauty, LLC, NanoEdge Holdings, LLC and their officers, members, employees and agents from all claims, losses, damages, fines, costs and reasonable attorneys' fees arising from your or your AI Agents' breach of these Terms, your formulas and products, your labels and claims, or your clients' use of Outputs.
8.5 In any action to enforce these Terms, the prevailing party recovers its reasonable attorneys' fees and costs, including on appeal.
8.6 On reasonable notice we may require a written certification of compliance with sections 4 to 6, signed by an officer of the Customer, including a description of the guardrail applied to each AI Agent.
9.1 Formula lines you send are processed in memory to produce the Output and are not stored, except as described in 9.2. We do not claim ownership of your formulas.
9.2 We store your account details, key tier and usage counts, and a log of every request that was refused as seeking Protected Information or as Probing, including its content, time, IP address and client information. We keep refusal logs for at least one year and may use them to enforce these Terms and our rights.
9.3 On the public web tools, ingredient names you type for custom ingredients stay in your browser.
9.4 We may disclose account and log information to law enforcement, courts or our counsel to protect Protected Information or enforce these Terms.
9.5 You are responsible for having the rights to any data you submit and for your own compliance with privacy laws.
10.1 Outputs are design guidance for cosmetic, leave-on formulas for intact skin and hair. They are not a stability guarantee, safety assessment, regulatory determination or claim substantiation, and they assess compatibility with NanoBase™ only.
10.2 You must confirm every formula at your own bench, including stability at room temperature and 40 °C and preservative efficacy testing (ISO 11930 or USP <51>), before release.
10.3 INCI lists from the INCI Label Builder are drafts. Items marked for confirmation must be confirmed by Pensive Beauty® Nanoscience Labs / Pensive Beauty, LLC before printing. You alone are responsible for the accuracy and legal compliance of your labels, ingredient declarations and claims in every market where you sell.
10.4 Outputs depend on the inputs you provide, including trade-name raw materials broken into their INCI components. We are not responsible for Outputs based on incomplete or inaccurate inputs.
10.5 Automated outputs and AI error. The Services are automated and rely on rules, models, calculations and data that may contain errors. Outputs may be incomplete, inaccurate, out of date or unsuitable for your formula. Your AI Agents, and any third-party AI you use, may also misread, misapply, miscalculate or misreport Outputs. We are not responsible for any formula, calculation, label, claim or decision made by you, your AI Agents or any third-party AI, even when it is based on an Output.
10.6 Qualified human review. Outputs are not professional advice. Every formula, ingredient list, label and claim must be reviewed and approved by a qualified cosmetic chemist or formulator before use. You may not rely on the Services or any AI as a substitute for that review.
10.7 Bench and pilot validation before commercial production. Before any commercial production, sale or distribution of a product formulated with the help of the Services, you must:
Make the formula at bench scale and confirm appearance, odor, viscosity and a finished pH within 5.70 to 6.20.
Confirm particle size by DLS where available (Pensive Beauty® Nanoscience Labs / Pensive Beauty, LLC offers DLS testing to qualifying lab partners).
Complete stability testing at room temperature and 40 °C for a period appropriate to your shelf-life claim.
Complete preservative efficacy testing (ISO 11930 or USP <51>) on the finished formula.
Confirm compatibility with the final packaging.
Make and approve a pilot batch at production scale before full commercial production.
Complete every safety assessment, safety substantiation, registration and labeling requirement of each market where the product is sold, including the US Modernization of Cosmetics Regulation Act and the EU Cosmetic Product Safety Report where applicable.
10.8 Assumption of risk. You assume all risk of formulating, manufacturing, labeling, marketing and selling products made with the help of the Services, and your indemnity under section 8.4 applies to all of it.
10.9 Supply of NanoBase™. NanoBase™ is not a retail raw material. It is sold only to business entities whose existence Pensive Beauty® Nanoscience Labs / Pensive Beauty, LLC has confirmed. Access to the Services, and any formula or Output that names NanoBase™, does not by itself give you a right to buy NanoBase™. A business entity that wants to order NanoBase™ may create an account at nanobaselabs.com/register. After we confirm that the business exists, it may order NanoBase™ under our then-current sales terms. We may decline or end supply to any entity we cannot confirm or that breaches these Terms.
11.1 THE SERVICES AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY AND NON-INFRINGEMENT.
11.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, PRODUCT RECALLS OR GOODWILL, ARISING FROM THE SERVICES OR THESE TERMS.
11.3 OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM THE SERVICES OR THESE TERMS IS LIMITED TO THE FEES YOU PAID US FOR THE SERVICES IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $100 IF YOU PAID NOTHING.
11.4 The limits in this section do not apply to your obligations under sections 4, 5, 6 and 8, and do not limit our remedies for your breach.
12.1 Paid tiers are billed in advance, monthly or as otherwise stated at checkout, and renew automatically until cancelled. Prices are in US dollars and exclude taxes, which you pay.
12.2 You authorize us and our payment processor to charge your payment method for each renewal until you cancel. Cancellation takes effect at the end of the current paid period.
12.3 We may change prices on 30 days' notice; continued use after the change takes effect is acceptance.
12.4 ALL FEES ARE NON-REFUNDABLE. Once paid, fees are earned and are not refundable, credited, prorated or transferable, in whole or in part, for any reason, including partial use, non-use, unused runs, downgrades, cancellation mid-period, dissatisfaction with Outputs, changes to the Services, or suspension or termination of access for breach of these Terms.
12.5 You agree not to dispute or charge back any fee charged in accordance with these Terms. An unfounded chargeback or payment dispute is a material breach; we may suspend access immediately and recover the disputed amount plus our costs of collection and any processor fees.
12.6 This section applies to the fullest extent permitted by law. If a law that cannot be waived requires a refund, the refund is limited to the minimum that law requires.
13.1 These Terms are governed by the laws of the State of Florida and applicable US federal law, without regard to conflict-of-law rules.
13.2 The state and federal courts located in Hillsborough County, Florida have exclusive jurisdiction, and you consent to personal jurisdiction and venue there. We may also seek injunctive relief to protect Protected Information in any court of competent jurisdiction.
13.3 EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL, AND YOU AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
13.4 We may update these Terms by posting a new version with its effective date and notifying account holders by email. Continued use after the effective date is acceptance. Changes do not apply to a dispute that arose before the change.
13.5 You may not assign these Terms without our written consent. We may assign them to an affiliate or successor.
13.6 If any provision is held unenforceable, it is enforced to the maximum extent permitted and the rest remains in effect. Our failure to enforce a provision is not a waiver.
13.7 These Terms, any order form and any separate written platform agreement are the entire agreement on their subject and supersede prior understandings. If they conflict, the signed written agreement controls.
13.8 Notices to us: Pensive Beauty, LLC, d/b/a Pensive Beauty® Nanoscience Labs, 2318 S Parsons Ave, Seffner, FL 33584, team@pensivebeauty.com. Notices to you go to the email on your account.