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Terms of Service

Effective Date: July 26, 2024

Important Notice: These Terms of Service are provided as a template. You must review and adapt them to your specific business needs and consult with a qualified legal professional in the UK before publishing or relying on them.

Welcome to LabTab! These Terms of Service ("Terms") govern your access to and use of the LabTab software-as-a-service platform, including any associated websites, applications, and services (collectively, the "Service") provided by LabTab Solutions Ltd ("Company", "we", "us", or "our").

By accessing or using the Service, creating an account, or clicking a button or checking a box marked I Agree (or similar), you signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available at [Link to Your Privacy Policy]), which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service.

If you are accessing or using the Service on behalf of a company, university, research institution, or other legal entity (an "Organization"), you represent and warrant that you have the authority to bind that Organization to these Terms. In that case, "you" and "your" will refer to that Organization.

1. Definitions

  • Service means the LabTab platform and associated services provided by the Company.
  • User or you means the individual or Organization accessing or using the Service.
  • Content means any data, text, information, files, documents, graphics, images, audio, video, or other materials uploaded, submitted, stored, shared, or displayed on or through the Service by a User.
  • Organization means a company, university, research institution, or other legal entity on whose behalf the Service is accessed or used.
  • Subscription means the plan selected by you or your Organization which dictates the scope, features, and fees associated with your use of the Service.

2. Eligibility and Account Registration

To use the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.

The Service is not intended for use by individuals under the age of 18 unless supervised within an educational or research institution context that has legally consented to these Terms.

3. Use of the Service

Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal research, academic, or business purposes.

You agree not to:

  • Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service.
  • Modify, translate, or create derivative works based on the Service.
  • Rent, lease, distribute, sell, resell, assign, or otherwise transfer your rights to use the Service.
  • Use the Service to store or transmit infringing, libellous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or intellectual property rights.
  • Use the Service to store or transmit malicious code (e.g., viruses, worms, Trojan horses).
  • Interfere with or disrupt the integrity or performance of the Service or third-party data contained therein.
  • Attempt to gain unauthorized access to the Service or its related systems or networks.
  • Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) of the Company or its licensors.

4. User Content

You retain ownership of all intellectual property rights in your Content. By uploading Content to the Service, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such Content solely to the extent necessary to provide, maintain, and improve the Service for you and as permitted by your settings and sharing permissions within the Service.

You are solely responsible for your Content and the consequences of posting or publishing it. You represent and warrant that you have all necessary rights, licenses, consents, and permissions to submit the Content and grant the licenses set forth herein, and that your Content does not violate any applicable laws or infringe upon the rights of any third party.

We do not screen Content, but we reserve the right (though not the obligation) to remove or disable access to any Content that we determine, in our sole discretion, violates these Terms or is otherwise harmful.

5. Intellectual Property Rights

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of LabTab Solutions Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

6. Subscription Fees and Payment

Access to certain features of the Service may require payment of subscription fees. All applicable fees, billing cycles, and payment terms will be specified at the time of purchase or in your Subscription plan details. Fees are quoted exclusive of VAT unless otherwise stated, which will be added where applicable.

[Optional: Add details about payment methods, renewals, cancellations, refunds, price changes - tailor this section significantly based on your chosen payment provider (Paddle/Stripe) and business model. Refer to their documentation and legal guidance.]

Failure to pay applicable fees may result in suspension or termination of your access to paid features of the Service.

7. Confidentiality

Confidential Information means all information disclosed by one party (Disclosing Party) to the other party (Receiving Party), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Content is your Confidential Information. The Service and its non-public aspects are our Confidential Information.

The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms. The Receiving Party may disclose Confidential Information of the Disclosing Party to its employees, contractors, and agents who need that access for purposes consistent with these Terms and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.

8. Data Protection

We will process personal data you provide or that we collect in connection with your use of the Service in accordance with our Privacy Policy [Link to Your Privacy Policy] and applicable UK data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Where we process personal data contained within your Content on your behalf, the terms of our Data Processing Addendum [Link to DPA, if applicable] will apply.

9. Termination

You may terminate your account and these Terms at any time by contacting us or through your account settings (if available). We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

[Optional: Detail data retrieval options/periods post-termination].

10. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

LabTab Solutions Ltd, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LabTab Solutions Ltd, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED POUNDS STERLING (£100).

12. Indemnification

You agree to defend, indemnify, and hold harmless LabTab Solutions Ltd and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

14. Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of England and Wales.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

16. Contact Us

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

LabTab Solutions Ltd
123 Science Park, Cambridge, CB4 0XYZ, UK
Email: legal@labtab.example.com