Term of Service


PLEASE READ THE FOLLOWING TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING THE Labii SERVICE. USE OF THE Labii SERVICE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE Labii SERVICE.

Description of Service
The Labii service ("Service") is a service for documenting and managing of data.

Modification of Terms of Use
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by email or by Labii publishing the changes on the website Terms of Service. You will be provided the option to terminate your use of the Service if the Terms are modified in a manner that substantially affects your use of the Service. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.

User Registration Obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration process ("Registration Data"); and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated or incomplete, or if Labii has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, Labii may terminate your Labii account and deny you access to the Service.

Personal Information and Privacy
Personal information you provide to Labii through the Service is governed by the Labii Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Labii Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your Labii account and you agree to inform us immediately of any unauthorized use of your account by emailing support@labii.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your account, or otherwise.

Communications from Labii
Labii sends users of the Service certain communications such as service announcements, administrative messages and newsletters. You may opt-out from receiving newsletters from Labii, but you may not opt-out from receiving service announcements and administrative messages.

Restrictions on Use
You shall not: (a) transfer or otherwise make available to any third party the Service; (b) provide any service based on the Service; (c) use the third party links to websites without agreeing to the terms and conditions of such websites; or (d) post links to third party websites or use the logo, company name, or other proprietary information from such websites, etc. without express written permission.

Spamming and Illegal Activities
You are solely responsible for the content of your transmissions through the Service. You agree not to use the Service for illegal purposes, or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, offends religious sentiments, promotes racism, contains viruses, or that infringes or may infringe the intellectual property or the proprietary or other similar rights of another or is otherwise objectionable. You agree not to use the Service for the transmission of "junk mail," "spam," "chain letters," "phishing" or unsolicited mass distribution of email. We reserve the right to terminate your access to the Service if there are reasonable grounds to believe that you have used the Service in contravention of this paragraph.

User Generated Content
You may store, transmit or publish content created by you using the Service (which you, or your institution or employer, may own, depending on the agreement you have with your institution or employer). However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content that you may receive from other users of the Service is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using the Service, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s), as the case may be. By making any copyrighted/copyrightable content available on the Service you affirm that you have the consent, authorization or permission, as the case may be, from every person who may claim any rights in such content to make such content available in such manner. You expressly agree that Labii will have the right to block access to or remove such content made available by you if Labii receives complaints concerning any illegality or infringement of third party rights in such content. By using the Service and transmitting or publishing any content using the Service, you expressly consent to the determination of questions of illegality or infringement of third party rights in such content by the agent designated by Labii for this purpose.

Inactive User Accounts
You shall pay invoices within 30 days of receipt. In the event you fails to make the payment after 30 days, Your account at Labii will be locked on the first day after the final payment due date, and shall only be re-activated after receipt of payment. We reserve the right to terminate accounts that are 1) inactive or 2) not respond to us for a continuous period of 1 year. We will provide you prior notice of such termination by email/phone. After termination, the ownership of your data will be transfer to Labii, and Labii shall has full rights to use your data.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. Labii EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WTH RESPECT TO THE SERVICE. Labii MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM Labii, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY.

Limitation of Liability
YOU AGREE THAT Labii SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF Labii HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Labii RELATED TO THE SERVICE SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL Labii’ LIABILITY TO YOU IN RESPECT OF ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY IN CONNECTION WITH THE SERVICE, EXCEED THE FEES PAID BY YOU FOR SUCH SERVICE DURING THE IMMEDIATELY PRECEDING TWELVE MONTH PERIOD PRECEDING THE DATE OF CLAIM.

Indemnification
You agree to indemnify and hold harmless Labii, and its members, officers, directors, employees and agents, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violation of any provisions of the Terms, or any other claim related to your use of the Service.

Arbitration
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, applying the substantive law of the State of Delaware. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Delaware and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Labii may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Suspension and Termination
You shall pay invoices within 30 days of receipt. In the event you fails to make the payment after 30 days, Your account at Labii will be locked on the first day after the final payment due date, and shall only be re-activated after receipt of payment.

Labii may suspend your account or temporarily disable access to all or part of the Service in the event of fails to make the payment after 30 days of due, any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of accounts should be made to support@labii.com within thirty days of notification of the suspension or disabling. Labii may terminate a suspended or disabled account after thirty days. In addition, Labii reserves the right to terminate your account upon reasonable belief that you have violated any of these Terms. Labii will also terminate your account upon your request.

Termination of your Labii account will include denial of access to all Services and deletion of your account information such as your email ID and password.

Maintenance of Data Post Termination
Upon termination of your access to the Service, Labii will maintain all of your data in a "Read Only" format for a period of 1 year. Access to your data post termination may involve Labii sharing its proprietary information with you. In such event, you will be required to sign a non-disclosure agreement in order that Labii may protect its proprietary information.

End of Terms of Service
If you have any questions or concerns regarding these Terms, please contact us at support@labii.com.

Last updated on: 1st March, 2018