Terms of Service

1. Acceptance of Terms

By creating an account on the Lab Accurate platform (“the Service”), operated by Lab Accurate, Inc. (“we,” “us,” or “our”), you agree to be bound by these Terms of Service, together with our Privacy Policy. If you are creating an account on behalf of a company or organization (“Customer”), you represent that you have the authority to bind that entity to these terms. Lab Accurate only offers accounts on behalf of business entities; the terms “you” and “your” refer to both the Customer and the individual users accessing the Service as authorized by the Customer. If you do not agree to these terms, do not use the Service.

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 16 BELOW, WHICH AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

2. Account Creation and Responsibilities

To use Lab Accurate, you must create an account with accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Ensuring that any users you add to your lab’s account are authorized and comply with these terms
• Notifying us immediately at support@labaccurate.com if you suspect unauthorized access to your account

We reserve the right to suspend or terminate accounts that contain false information or violate these terms.

3. Subscription, Billing, and Auto-Renewal

Lab Accurate is a subscription-based service with tiered monthly or annual billing. Key billing terms:

• Pricing — Subscription fees are based on your selected plan and tier. Current pricing is available on our website and during signup.
• Billing frequency — You may choose monthly or annual billing. Annual billing includes a discount as displayed during signup.
• Payment processing — All payments are processed securely through Authorize.net Automated Recurring Billing (ARB) via Lab Accurate, Inc. We do not store credit card numbers on our servers.
• Minimum users — Subscriptions require a minimum of 3 users.
• Add-on modules — Certain advanced features are available as separately priced add-on modules. Pricing for add-ons is provided at the time of purchase.

Auto-Renewal: Unless you cancel before the end of your current billing period, your subscription will automatically renew for successive periods of the same duration (monthly or annual) at the then-current rate. You authorize us to charge your payment method on file for each renewal period. You must cancel your subscription before the renewal date to avoid being charged for the next period. You may cancel at any time through Lab Ops → Settings → Subscription or by contacting support@labaccurate.com.

4. Fee Changes

We may adjust subscription fees from time to time. At the time of any renewal, we may increase your recurring fees by up to the greater of: (i) the then-current list price published on our website, (ii) the change in the Consumer Price Index (CPI-U) since your last renewal, or (iii) five percent (5%). We will provide at least thirty (30) days’ written notice (via email or in-platform notification) before any price increase takes effect. Price changes apply only at the start of your next billing cycle. If you do not accept the new pricing, you may cancel your subscription before the renewal date.

5. Free Trial

New accounts receive a 15-day free trial with full access to all core features. During the trial, you may cancel at any time without being charged. If you do not cancel before the end of the trial period, your subscription will automatically begin and your payment method will be charged on day 16. Promotional codes may modify trial terms (for example, extended trial periods or waived payment requirements) as specified at the time of signup.

6. Cancellation Policy

You may cancel your subscription at any time through Lab Ops → Settings → Subscription. When you cancel:

• All future charges stop immediately
• No refunds are issued for the current billing period
• You retain full access to the platform through the end of your paid period (the remainder of your current monthly or annual billing cycle)

For annual subscriptions, no refunds are issued for early cancellation. Access continues through the end of the annual term.

We may consider case-by-case exceptions to this policy at our sole discretion. Any such exceptions are handled privately and do not establish precedent.

7. Data Retention After Cancellation

After cancellation and the expiration of your paid period:

• Your lab’s clients retain read-only access to certificates of analysis (CoAs) through the Client Portal for 90 days
• All lab data, sample records, test results, quality management records, and other platform data are retained for a minimum of seven (7) years to support regulatory compliance, including FDA audit requirements (21 CFR Part 11, 21 CFR Part 111) that may apply to historical testing records
• You may request a full export of your data in standard formats (CSV and/or JSON) at any time prior to, during, or after cancellation by contacting support@labaccurate.com. We will fulfill export requests within thirty (30) days
• For data deletion requests, please see our Privacy Policy

Lab Accurate reserves the right to produce data in response to lawful court orders, subpoenas, or regulatory inquiries (including FDA audits).

8. Free Access, Trials & Promotional Accounts

Lab Accurate may offer free trials, promotional access, beta programs, or complimentary accounts at our sole discretion. If you are using Lab Accurate under a free trial, promotional code, beta program, or any other arrangement where no payment is being collected:

• Termination at any time — We reserve the right to suspend, limit, or terminate free or promotional access at any time, for any reason, with or without notice. Free access does not create any obligation for us to continue providing the Service.
• No guaranteed service levels — Free and promotional accounts are provided “as is” with no guarantees of uptime, performance, support response times, or feature availability. The Service Level Agreement in Section 10 does not apply to free or promotional accounts.
• No data ownership claims — While you retain ownership of data you enter into the platform, free and promotional users have no expectation of perpetual access to that data. If your free access is terminated, we will make reasonable efforts to provide a data export upon request, but we are not obligated to maintain access to the platform or its features beyond the free period.
• Transition to paid — If you wish to ensure continued, uninterrupted access to the Service and your data, you may convert to a paid subscription at any time.

Beta program participants acknowledge that they are using pre-release or early-access features that may change, be removed, or function differently in the final product. Participation in a beta program does not entitle users to any specific features, pricing, or terms in the production Service.

9. Acceptable Use

You agree to use Lab Accurate only for lawful purposes related to laboratory information management. You may not:

• Use the Service for any illegal activity or in violation of any applicable law or regulation
• Attempt to gain unauthorized access to other accounts, our servers, or any systems connected to the Service
• Upload malicious code, viruses, or any content designed to disrupt the Service
• Use the Service to store or transmit content that infringes on any third party’s intellectual property rights
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, or underlying structure of the Service or any of its components
• Access the Service for purposes of monitoring its performance, availability, or functionality, or for any benchmarking or competitive purposes, without our prior written consent
• Access the Service if you are a direct competitor of Lab Accurate, except with our prior written consent
• Resell, sublicense, or redistribute access to the Service without our written consent
• Abuse, harass, or threaten other users or our staff

We reserve the right to suspend or terminate your account for violations of these acceptable use terms.

10. Service Level Agreement (SLA)

For paid subscription accounts, Lab Accurate commits to the following service levels:

• Uptime — We will use commercially reasonable efforts to maintain 99.5% availability of the Service, measured monthly, excluding Scheduled Maintenance and Excused Downtime (defined below).
• Scheduled Maintenance — We may perform scheduled maintenance during off-peak hours (typically weekends, 12:00 AM–6:00 AM Mountain Time). We will provide at least 24 hours’ advance notice of scheduled maintenance via email or in-platform notification. Scheduled maintenance windows are excluded from uptime calculations.
• Excused Downtime — Downtime caused by circumstances beyond our reasonable control, including but not limited to: third-party hosting provider outages, internet service provider failures, distributed denial-of-service attacks, force majeure events (see Section 18), or your own network or equipment issues, is excluded from uptime calculations.
• Service Credits — If monthly uptime falls below 99.5% (excluding Scheduled Maintenance and Excused Downtime), you may request a service credit equal to 5% of your monthly subscription fee for each full 1% of downtime below the 99.5% threshold, up to a maximum credit of one month’s subscription fee. Service credits are your sole and exclusive remedy for downtime. To request a credit, contact support@labaccurate.com within 30 days of the affected month.
• Support — We provide email-based technical support during business hours (Monday–Friday, 8:00 AM–5:00 PM Mountain Time, excluding U.S. federal holidays). We target initial response within one (1) business day for standard issues and four (4) hours for critical issues (complete inability to access the Service).

This SLA does not apply to free trials, promotional accounts, or beta programs (see Section 8).

11. Confidentiality

“Confidential Information” means any non-public information disclosed by one party (“Discloser”) to the other party (“Receiver”) in connection with these terms, including but not limited to: lab data, sample records, test results, client information, business plans, pricing, and technical information. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the Receiver; (b) was already known to the Receiver prior to disclosure; (c) is independently developed by the Receiver without use of the Discloser’s Confidential Information; or (d) is lawfully received from a third party without restriction.

Each party agrees to: (i) protect the other party’s Confidential Information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care; (ii) use the other party’s Confidential Information solely for the purpose of performing obligations under this Agreement; and (iii) not disclose the other party’s Confidential Information to any third party except as necessary to provide or receive the Service, and only to persons bound by confidentiality obligations no less protective than those herein.

Confidentiality obligations survive termination of this Agreement for a period of three (3) years, except that obligations with respect to trade secrets survive for as long as such information remains a trade secret under applicable law.

12. Intellectual Property

The Lab Accurate platform — including its design, code, features, documentation, and branding — is the property of Lab Accurate, Inc. and is protected by applicable intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes during the term of your subscription. You retain ownership of all data you enter into the platform.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. LAB ACCURATE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

LAB ACCURATE, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF LAB ACCURATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE.

The limitations in this section do not apply to: (a) either party’s indemnification obligations; (b) either party’s breach of confidentiality obligations; (c) your payment obligations; or (d) claims arising from a party’s willful misconduct or gross negligence. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

14. Indemnification

By You: You agree to indemnify and hold harmless Lab Accurate, Inc., its officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) your violation of these terms; (c) your violation of any applicable law or regulation; or (d) any data or content you upload to the Service that infringes on the rights of a third party.

By Lab Accurate: Lab Accurate will indemnify, defend, and hold harmless you from any third-party claims alleging that the Service, as provided by Lab Accurate and used in accordance with these terms, infringes a valid United States patent, copyright, or trademark of a third party. This obligation does not apply to claims arising from: (i) modifications to the Service not made by Lab Accurate; (ii) your combination of the Service with products, services, or data not provided by Lab Accurate; (iii) your use of the Service in violation of these terms; or (iv) your continued use of the Service after being notified of allegedly infringing activity and provided with a non-infringing alternative. If the Service becomes or, in our reasonable opinion, is likely to become the subject of an infringement claim, we may, at our option and expense: (a) procure for you the right to continue using the Service; (b) replace or modify the Service to make it non-infringing while maintaining substantially similar functionality; or (c) if neither (a) nor (b) is commercially practicable, terminate your subscription and refund any prepaid fees for the unused portion of your subscription term.

15. Data Processing

To the extent that Lab Accurate processes personal data on your behalf, we do so as a data processor (or “service provider” under applicable U.S. privacy laws) acting on your instructions. We process personal data only for the purpose of providing the Service. Our processing activities, sub-processors, and data protection measures are further described in our Privacy Policy. If you require a formal Data Processing Agreement (DPA) for GDPR, CCPA/CPRA, or other regulatory compliance, please contact support@labaccurate.com and we will provide our standard DPA addendum for execution.

16. Dispute Resolution: Mandatory Arbitration & Class Action Waiver

Please read this section carefully. It affects your legal rights.

Informal Resolution First: Before initiating any formal dispute, you agree to contact us at support@labaccurate.com and attempt to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration: If the dispute is not resolved informally, any claim, dispute, or controversy arising out of or relating to these Terms of Service or the Service (collectively, “Claims”) shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Salt Lake County, Utah, or, at your election, via telephone or video conference. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

CLASS ACTION WAIVER: YOU AND LAB ACCURATE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions: Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights. Claims within the jurisdiction of a small claims court may also be brought in such court.

Opt-Out: You may opt out of this arbitration provision by sending written notice to legal@labaccurate.com within thirty (30) days of first accepting these Terms of Service. The opt-out notice must include your full name, company name, account email address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, disputes will be resolved in the state or federal courts located in Salt Lake County, Utah.

17. Statute of Limitations

You agree that any claim or cause of action arising out of or related to your use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose, or it shall be permanently barred. This limitation applies regardless of any statute or law to the contrary.

18. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement (other than payment obligations) to the extent that such failure or delay is caused by circumstances beyond the party’s reasonable control, including but not limited to: natural disasters, epidemics or pandemics, acts of government or regulatory bodies, war or terrorism, labor disputes, power or internet infrastructure failures, third-party hosting provider outages, cyberattacks, or failure of third-party services upon which the Service depends. The affected party shall provide prompt notice to the other party and use commercially reasonable efforts to resume performance as quickly as possible.

19. Changes to These Terms

We may update these Terms of Service from time to time. When we make material changes, we will notify you via email or through a notice on the platform at least 30 days before the changes take effect. Your continued use of the Service after the updated terms take effect constitutes your acceptance of the changes. If you do not agree with the updated terms, you may cancel your subscription before they take effect.

20. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. Subject to Section 16 (Arbitration), any disputes arising from or related to these terms or the Service shall be resolved in the state or federal courts located in Salt Lake County, Utah, and each party consents to the personal jurisdiction of such courts.

21. Survival

The following sections shall survive any termination or expiration of this Agreement: Section 7 (Data Retention), Section 11 (Confidentiality), Section 12 (Intellectual Property), Section 13 (Limitation of Liability), Section 14 (Indemnification), Section 15 (Data Processing), Section 16 (Dispute Resolution), Section 17 (Statute of Limitations), Section 20 (Governing Law), and this Section 21.

22. Severability

If any provision of these Terms of Service is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

23. Entire Agreement

These Terms of Service, together with the Privacy Policy and any applicable Data Processing Agreement or order form, constitute the entire agreement between you and Lab Accurate regarding the Service and supersede all prior agreements, negotiations, and understandings. No modification to these terms shall be effective unless made in accordance with Section 19.

24. Contact Us

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

support@labaccurate.com

For legal notices and arbitration opt-out requests: legal@labaccurate.com