Term of Service



This Service is provided by Labii, including our website, any and all email notifications, technologies, buttons. Including any information, links, text, photos, videos, graphics, audio or other materials or arrangements of materials downloaded, uploaded, or appearing on the Services, collectively referred to as “Content”. By using our Service, you agree to comply with and be bound by the following Terms of Service together with our Privacy Policy and any other documents referred to therein. If you do not agree to these Terms of Service, you must not use our Services.

Our Services

Labii Inc. is a software company that develops and distributes Electronic Lab Notebook (ELN) and Laboratory Information Management System (LIMS) ("Service"). Labii helps you document, manage and interpret research data. We provide and help biotech and pharmaceutical companies developing customized electronic lab notebook (ELN) and laboratory information management system (LIMS).

Modification of Terms of Use

We reserve the right to amend these Terms of Service from time to time. Any changes will be posted on our Service or you will be notified of such modification by email. 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 our Service after posting will constitute your acceptance of, and agreement to, any changes.

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 If you provide any information that is untrue, inaccurate, outdated or incomplete, or if Labii has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, Labii may terminate your Labii account and deny you access to the Service.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. By using the Service, you agree that Labii can collect, use and share your information consistent with our privacy policy. Maintaining the confidentiality of your username, password and other sensitive information used on the Service is your sole responsibility. Also, 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 communications to users of the Service as the need arises. Communications such as service announcements, administrative messages and newsletters are used to keep users abreast with new developments at Labii. 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

Users shall use the Service only for lawful purposes and in particular they shall not:
  1. make use of any obscene, threatening, menacing, offensive, defamatory materials or such materials as are in violation of any law or regulation, in breach of confidence, harmful to minors, in breach of intellectual property right or otherwise unlawful when making use of the Service;
  2. impersonate any person or entity, falsely state or otherwise misrepresent affiliation with a person or entity;
  3. make use of the Service so as to cause other users or third parties to receive unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  4. make use of the Service to knowingly or negligently transmit any electronic material that may be detrimental or/and cause any sort of damage or malfunction to the computer system of the Company or of any other User or third party; and
  5. collect or store Personal Data about other Users or third parties

Any breach of the aforementioned shall entitle Labii to terminate your use of the Service.

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 fail to make the payment after 30 days, your account at Labii will be deactivated 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 responding 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.

Intellectual Property

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Labii or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Labii and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Disclaimer

  1. All the services we offer are provided on an ‘as is’ and ‘as available’ basis and to the extent permitted by law. Labii makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including without limitation, implied warranties or conditions of merchantability, fitness for particular purposes, or non-infringement of intellectual property or other violation of rights
  2. Further, while Labii attempts to provide a good user experience, we do not represent or warrant that: (a) the services will always be secure, error-free or current; (b) the services will always function without delay, disruptions or imperfections; or (c) that any content, user content or information you obtain on or through the services will be timely or accurate.
  3. In no event will Labii be responsibility or liable for any content that you, another user or a third party creates, uploads, posts, sends, receives or stores on or through our services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading or otherwise inappropriate, none of which Labii will take responsibility for.

Limitation of Liability

To the maximum extent permitted by law, Labii and/or its managing members, shareholders, employees, affiliates, licensors, agents and suppliers shall not be liable for any damages (including, without limitation, damages for loss of data or profit, or due to interruption of transaction) whether incurred directly or indirectly, resulting from: (a) your access to or use of or inability to access or use the services; (b) the conduct or content of other users or third parties on or through the services; or (c) unauthorized access, use or alteration of your content, even if Labii has been advised of the possibility of such damages.

Indemnification

With respect to this terms, you hereby affirm that, to the extent permitted by law, you will indemnify, defend and hold faultless Labii, our affiliates, directors, officers, stockholders, employees, licensors and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising from, or relating in any way to: (a) the accessibility or usability of our services; (b) your uploaded content; and (c) the breaching of these terms.

Arbitration

Any controversy or claim arising out of or relating to this 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 fail 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.

Violation of Terms of Use

Violations of these Terms of Service or any other rights entitles Labii to pursue any and all legal and equitable remedies against the responsible user including, without limitation, termination of the Service.

No Waiver

Any delay or failure by the Labii to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision or of any other rights or provisions present in these Terms of Service.

In the event that a court decides, decrees, judges or in any other way considers that one or more rights or provisions set forth in these Terms of Service are invalid, the remainder of the Terms shall be enforceable and, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

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: 25th November, 2018