Terms of Service

LabQCPro SaaS Platform

Effective Date: September 7, 2023

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "User," or "you") and ALLIED LAB TECHNOLOGIES, INC. ("Company," "we," "us," or "our") regarding your use of the LabQCPro software-as-a-service platform ("Service," "Software," or "Platform"). By accessing, using, or subscribing to our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Service.

2. DEFINITIONS

  • "Account" means your LabQCPro user account and associated data
  • "Customer Data" means all data, information, and content submitted by you to the Service
  • "Documentation" means user guides, manuals, and technical specifications provided by us
  • "Authorized Users" means individuals authorized by you to access your Account
  • "Subscription Period" means the term for which you have subscribed to use the Service

3. SERVICE DESCRIPTION AND LICENSE

LabQCPro provides cloud-based laboratory compliance and quality control management software. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license during the Subscription Period to access and use the Service solely for your internal business purposes. This license does not permit you to:

  • Sublicense, distribute, or resell the Service
  • Reverse engineer, decompile, or disassemble the Software
  • Create derivative works based on the Service
  • Remove or modify any proprietary notices
  • Use the Service for any unlawful purpose or in violation of applicable laws

4. USER ACCOUNTS AND ACCESS

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must immediately notify us of any unauthorized use of your Account. We reserve the right to suspend or terminate Accounts that violate these Terms.

5. CUSTOMER DATA AND PRIVACY

You retain ownership of your Customer Data. By using our Service, you grant us a limited license to access, store, and process your Customer Data solely to provide the Service. We will handle your data in accordance with our Privacy Policy and applicable data protection laws. You represent that you have the right to provide all Customer Data to us and that such data does not violate any third-party rights.

6. FEES, BILLING, AND PAYMENT

  • Subscription Fees: Fees are based on your selected subscription plan and are payable in advance
  • Billing Cycle: Monthly or annual as selected during signup
  • Payment Methods: Credit card, ACH, or wire transfer as available
  • Late Payments: Accounts with payments overdue by 30 days may be suspended
  • Price Changes: We may increase subscription fees with 30 days' written notice
  • No Refunds: All fees are non-refundable except as required by law
  • Taxes: You are responsible for all applicable taxes

7. ACCEPTABLE USE POLICY

You agree not to:

  • Use the Service for any illegal, harmful, or unauthorized purpose
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any part of the Service
  • Upload malicious code, viruses, or harmful content
  • Violate any applicable laws or regulations
  • Impersonate any person or entity
  • Collect or harvest information from other users
  • Use the Service to spam or send unsolicited communications
  • Overload our systems through excessive API calls or automated requests

8. INTELLECTUAL PROPERTY RIGHTS

The Service, including all software, designs, text, graphics, and other content, is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not use our trademarks or branding without prior written consent. Any feedback or suggestions you provide regarding the Service may be used by us without compensation or attribution.

9. SERVICE AVAILABILITY AND SUPPORT

  • Uptime: We strive for 99.9% uptime but do not guarantee uninterrupted service
  • Maintenance: We may perform scheduled maintenance with advance notice
  • Support: Support is provided during business hours via email and support portal
  • Service Modifications: We may modify, update, or discontinue features with notice

10. WARRANTIES AND DISCLAIMERS

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR CONTINUOUSLY AVAILABLE.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your Customer Data; or (d) your violation of any third-party rights.

13. TERMINATION

  • By You: You may terminate your subscription at any time through your Account settings
  • By Us: We may terminate your access immediately for violations of these Terms or non-payment
  • Effect: Upon termination, your access will cease and your data may be deleted after 30 days
  • Survival: Sections relating to payment, liability, indemnification, and intellectual property survive termination

14. DATA BACKUP AND SECURITY

We implement industry-standard security measures but cannot guarantee absolute security. You are responsible for maintaining your own data backups. We will retain your data for 30 days after termination to allow for data export.

15. COMPLIANCE AND REGULATORY MATTERS

While LabQCPro assists with compliance workflows, you remain solely responsible for compliance with all applicable laws, regulations, and industry standards, including but not limited to CLIA, CAP, FDA, and HIPAA requirements.

16. FORCE MAJEURE

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, cyberattacks, government actions, or third-party service failures.

17. EXPORT CONTROLS

The Service may be subject to export control laws. You agree not to export, re-export, or transfer the Service in violation of applicable laws.

18. DISPUTE RESOLUTION

  • Governing Law: These Terms are governed by Florida state law
  • Jurisdiction: Disputes shall be resolved in the state and federal courts of Escambia County, Florida
  • Arbitration: Claims under $10,000 may be resolved through binding arbitration
  • Class Action Waiver: You waive the right to participate in class action lawsuits

19. MODIFICATIONS TO TERMS

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated via email 30 days in advance. Continued use of the Service after changes take effect constitutes acceptance of the new Terms.

20. SEVERABILITY

If any provision of these Terms is found unenforceable, the remainder shall remain in full force and effect.

21. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any Order Forms, constitute the entire agreement between you and us regarding the Service.

22. CONTACT INFORMATION

For questions about these Terms, contact us at:

By email: info@labqcpro.com