TERMS OF SERVICE

These Terms of Service (the “Terms”) are a binding agreement between LabTested, Co., a Delaware corporation (“LabTested,” “we,” “us,” or “our”), and each person or entity that accesses or uses the Service (“you” or “your”).

The “Service” includes https://www.labtested.co, the merchant dashboard, laboratory portal, embeddable widget, hosted results pages, scan pages, application programming interfaces (“APIs”), and related software and services. LabTested provides business-to-business software through which merchants upload, organize, manage, and display merchant-submitted third-party laboratory documentation and product information.

By creating an Account, accepting these Terms, purchasing a Subscription, uploading Content, using an API, embedding a LabTested Badge, or otherwise using the Service, you agree to these Terms. A person acting for an organization represents that the person has authority to bind it.

For installations through the Shopify App Store, Shopify OAuth authorization connects the Service to the Merchant’s store but does not replace acceptance of the Merchant Agreement. The Merchant must affirmatively accept the Merchant Agreement during first-run onboarding before uploading, publishing, or displaying Content through the Service.

1. Contractual Documents

1.1 These Terms incorporate the LabTested Privacy Policy and Cookie Policy.

1.2 If you are a Merchant, the Merchant Agreement, each applicable Order Form, and any Data Processing Addendum entered into with LabTested also form part of the agreement governing your use of the Service. An Order Form controls over the Merchant Agreement, and the Merchant Agreement controls over these Terms, only where the relevant document expressly addresses the same subject differently.

2. Definitions

2.1 “Account” means an account or organizational workspace used to access the Service.

2.2 “Content” means all information, documents, data, product and batch details, Laboratory Documentation, images, trademarks, claims, descriptions, reported values, and other materials submitted, transmitted, integrated, or published by or for a user through the Service.

2.3 “LabTested Badge” means a LabTested-branded badge, panel, widget element, icon, link, wording, or graphic indicating that third-party laboratory documentation or related information is available.

2.4 “Laboratory Documentation” means Certificates of Analysis (“COAs”), laboratory reports, results, sample records, method information, signatures, and related documents supplied by a laboratory or other third party.

2.5 “Merchant” means a business or organization using the Service to manage or display Content.

2.6 “Published Content” means Content made publicly accessible through a widget, hosted page, scan page, public link, API, or other public feature.

2.7 “Subscription” means a paid plan that renews at the interval disclosed at checkout or in an Order Form.

3. Eligibility and Accounts

3.1 You must be at least 18 years old and legally capable of entering a binding agreement. The Service is intended primarily for commercial and professional use.

3.2 Account information must be accurate and current. LabTested may require reasonable verification before granting or continuing access.

3.3 You must protect passwords, API keys, tokens, and other credentials. You are responsible for activity conducted through your Account and for each authorized user.

3.4 You must promptly remove unauthorized access and notify hello@labtested.co of suspected credential compromise or security incidents.

3.5 Accounts and credentials may not be sold, leased, transferred, or shared with unauthorized persons.

4. Nature of the Service

4.1 The Service permits users to upload Laboratory Documentation, organize product and batch information, publish selected information, collaborate, use available APIs, and view analytics.

4.2 LabTested is not a laboratory, manufacturer, formulator, distributor, seller, certifier, accreditation body, regulator, healthcare provider, scientific adviser, compliance consultant, or product-safety authority.

4.3 LabTested does not independently collect or test samples, conduct laboratory analysis, supervise testing, authenticate laboratories or documents, verify reported values, confirm chain of custody, determine whether documentation corresponds to an identified product or batch, certify compliance, approve products, or guarantee safety, purity, potency, identity, quality, labeling, or legal marketability.

4.4 Automated extraction, formatting, screening, consistency checks, fraud signals, and administrative reviews are technical or presentational processes only. They do not constitute authentication, scientific validation, certification, product approval, legal review, or independent verification.

4.5 Laboratory results ordinarily concern only the sample tested at the stated time. They do not establish the characteristics of another sample, production run, formulation, shipment, batch, lot, or future product.

4.6 Published Content originates from Merchants, laboratories, or other third parties. LabTested does not control its creation, sampling, testing, custody, transmission, completeness, or accuracy.

4.7 Nothing available through the Service constitutes legal, medical, nutritional, scientific, regulatory, or compliance advice.

5. Content and Merchant Responsibilities

5.1 You retain ownership of your Content.

5.2 You grant LabTested a non-exclusive, worldwide, royalty-free license to host, store, process, format, transmit, display, and publish Content as necessary to provide and secure the Service, comply with law, enforce these Terms, and exercise rights under the Merchant Agreement.

5.3 You represent, warrant, and covenant that:

5.3.1 you hold all rights, permissions, consents, licenses, and authority required to submit, process, and publish the Content;

5.3.2 each item of Laboratory Documentation is authentic, complete, unaltered, lawfully obtained, and connected to the product, sample, formulation, batch, lot, or identifier with which you associate it;

5.3.3 all product information, reported values, descriptions, and claims are accurate, current, adequately substantiated, lawful, and not misleading;

5.3.4 public display does not violate confidentiality, privacy, publicity, intellectual-property, contractual, or other rights; and

5.3.5 you will promptly correct, replace, unpublish, or remove Content that becomes inaccurate, incomplete, outdated, unauthorized, misleading, or unrelated to the identified product or batch.

5.4 You are solely responsible for reviewing extracted, transcribed, organized, and displayed information before publication. Software-assisted extraction does not replace human review.

5.5 LabTested may reject, flag, restrict, conceal, or remove Content, but has no general monitoring duty. An action or omission by LabTested does not constitute approval, verification, certification, authentication, endorsement, or acceptance of responsibility.

6. LabTested Badge

6.1 A LabTested Badge communicates only that merchant-submitted third-party Laboratory Documentation or related information is available through the Service.

6.2 A LabTested Badge does not mean that LabTested tested, verified, authenticated, certified, approved, endorsed, inspected, or guaranteed any product, Merchant, laboratory, document, result, batch, lot, claim, or compliance status.

6.3 LabTested grants each compliant Merchant a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to display the LabTested Badge only through authorized Service functionality and with properly associated Published Content.

6.4 You must not remove, obscure, alter, imitate, recreate, distort, separate, or modify the LabTested Badge, disclaimer, source link, attribution, or functionality. Standalone or recreated use on packaging, labels, offline advertising, marketplaces, social-media content, or other materials requires prior written authorization. A Merchant and its authorized marketing representatives may, without separate authorization, post unaltered screenshots or screen recordings of the live LabTested widget as displayed on the Merchant’s own storefront, provided that the presentation remains accurate, does not detach or recreate the LabTested Badge, preserves visible context and disclaimers where reasonably practicable, and does not imply certification, testing, approval, endorsement, product safety, or regulatory compliance.

6.5 You must not state or imply that LabTested certified, approved, verified, endorsed, tested, or guaranteed a product, or that the LabTested Badge is a safety seal, compliance mark, or proof of product quality.

6.6 LabTested may change, suspend, disable, or require removal of a LabTested Badge where its use may be inaccurate, misleading, unlawful, technically harmful, or inconsistent with these Terms or applicable brand guidelines.

7. Laboratory Collaboration

7.1 A Merchant may invite a laboratory or other collaborator to access designated products, samples, orders, batches, lots, or documents.

7.2 Laboratory users are responsible for the accuracy, authenticity, ownership, completeness, and lawful submission of their materials. Nothing becomes public unless the Merchant elects to publish it.

7.3 LabTested is not a party to disputes between Merchants and laboratories concerning samples, testing, methods, results, payment, confidentiality, intellectual property, authenticity, or publication.

8. Acceptable Use

8.1 You may use the Service only lawfully and in accordance with these Terms, the Merchant Agreement, documentation, plan limits, and reasonable LabTested instructions.

8.2 You must not:

8.2.1 upload, alter, fabricate, conceal, misrepresent, or publish fraudulent, unauthorized, inaccurate, or misleading Content;

8.2.2 make or facilitate false, deceptive, unsubstantiated, prohibited, or unlawful product, health, disease, safety, purity, regulatory, or performance claims;

8.2.3 misrepresent LabTested’s role or the meaning of a LabTested Badge;

8.2.4 infringe intellectual-property, privacy, publicity, confidentiality, contractual, or other rights;

8.2.5 access accounts, systems, data, endpoints, or credentials without authorization;

8.2.6 disrupt, overload, probe, scan, circumvent, or impair the security, availability, or integrity of the Service;

8.2.7 reverse engineer, decompile, disassemble, decode, modify, or attempt to discover source code, algorithms, or architecture, except where law prohibits the restriction;

8.2.8 scrape, crawl, harvest, index, or use automated means outside an authorized API;

8.2.9 circumvent plan limits, rate limits, access controls, payment obligations, or technical safeguards; or

8.2.10 upload malware, malicious code, spam, phishing material, or harmful content.

9. APIs, Integrations, and Third Parties

9.1 API access is available only where included in your plan or separately authorized. You must follow applicable documentation, security requirements, rate limits, technical specifications, and restrictions.

9.2 Secret keys must not be exposed in client-side code, public repositories, websites, mobile applications, or other public locations. Publishable keys may be used only for their designated function and on domains you own or control.

9.3 LabTested may change API endpoints, methods, limits, or features and may suspend access for security concerns, abuse, unauthorized access, excessive use, nonpayment, or breach.

9.4 The Service may interoperate with payment processors, e-commerce platforms, hosting, authentication, analytics, artificial-intelligence, and laboratory systems governed by their own terms. LabTested does not control their availability, security, acts, omissions, or data practices. You are responsible for required accounts, permissions, licenses, notices, and consents.

10. Fees, Renewal, Cancellation, and Refunds

10.1 Paid plans are billed at the price and frequency displayed at checkout, through the applicable app marketplace, or in an Order Form.

10.2 For Subscriptions purchased directly from LabTested, you authorize LabTested and Stripe or another disclosed payment processor to charge recurring fees, usage charges, taxes, and other authorized amounts to your payment method.

10.3 Subscriptions purchased through the Shopify App Store are billed through Shopify’s billing system and are subject to Shopify’s applicable billing terms, invoicing procedures, payment methods, and technical requirements. Applicable charges may appear on the Merchant’s Shopify invoice.

10.4 Unless an Order Form or applicable marketplace term states otherwise, each Subscription automatically renews for successive periods equal to the initial billing period until cancelled, at the then-current price disclosed in accordance with applicable law.

10.5 LabTested will disclose material Subscription terms and obtain any assent required by law. Required renewal reminders, price-change notices, and cancellation confirmations may be sent to the Account email address or delivered through the applicable billing platform.

10.6 A Subscription purchased directly from LabTested may be cancelled through Account billing settings, the applicable payment portal, or by emailing hello@labtested.co. Cancellation stops future renewals and takes effect at the end of the current paid billing period unless applicable law or an Order Form requires otherwise.

10.7 A Shopify-billed Subscription must be cancelled through the available Shopify admin controls or by uninstalling the LabTested app. The effective date of cancellation, remaining access, pending charges, and usage charges incurred before uninstall are governed by Shopify’s billing system and applicable terms.

10.8 Fees are non-refundable once charged, including for partial billing periods, unused features, early cancellation, suspension, or termination, except where required by law, stated in an Order Form, or approved by LabTested.

10.9 LabTested may issue refunds or credits for duplicate charges, billing errors, material access failures, or exceptional circumstances. Refunds or credits concerning Shopify-billed charges may be issued or processed through Shopify’s billing system and remain subject to Shopify’s applicable procedures and technical limitations.

10.10 You are responsible for applicable sales, use, withholding, and similar taxes, excluding taxes imposed on LabTested’s net income.

10.11 Failed, reversed, disputed, or overdue payments may result in payment retries, restrictions, downgrade, suspension, deactivation of Published Content, or termination.

10.12 LabTested may change prices, features, limits, or billing structures prospectively. Material changes affecting an existing Subscription will apply no earlier than the next renewal after any required notice. You may cancel before the change takes effect.

10.13 Free, trial, pilot, or beta features may be limited, modified, or discontinued at any time and carry no service-level or data-retention commitment unless agreed in writing.

11. Privacy and Security

11.1 LabTested’s handling of personal information is described at https://www.labtested.co/privacy.

11.2 Where LabTested processes personal information for a Merchant and the parties have entered into a Data Processing Addendum, that Data Processing Addendum governs the covered processing. The Merchant remains responsible for required notices, consents, lawful bases, instructions, and responses to individuals.

11.3 Laboratory Documentation may become public when published. You must review it for personal, confidential, proprietary, or restricted information before publication.

11.4 LabTested uses safeguards designed to protect the Service, but no system, transmission, storage method, or security measure is completely secure.

11.5 You must use reasonable security controls, protect devices and credentials, assign appropriate permissions, remove former personnel promptly, and report suspected incidents without delay.

11.6 Penetration testing, vulnerability scanning, load testing, or security research requires prior written authorization. Suspected vulnerabilities must be reported privately to hello@labtested.co.

12. Intellectual Property and Publicity

12.1 LabTested and its licensors own the Service, including its software, interfaces, databases, designs, workflows, documentation, algorithms, APIs, widgets, text, graphics, trademarks, logos, LabTested Badges, and improvements.

12.2 Each Merchant grants LabTested a non-exclusive, worldwide, royalty-free license to use the Merchant’s business name, trade names, trademarks, logos, publicly available brand imagery, and general business description to identify the Merchant as a LabTested customer, Merchant, collaborator, or platform participant.

12.3 Permitted uses include LabTested’s website, customer lists, presentations, proposals, case studies, newsletters, advertisements, press materials, directories, and social-media accounts.

12.4 LabTested may resize or reformat Merchant branding for technical or layout purposes but will not materially distort it, disclose Confidential Information under this license, imply that the Merchant endorses an unrelated product or service, or state that LabTested has certified, approved, or verified the Merchant or its products.

12.5 Names, photographs, voices, signatures, or likenesses of identifiable individuals may not be used for promotional purposes under this Section unless the individual has separately authorized that use.

12.6 A Merchant may request discontinuation of new publicity uses by emailing hello@labtested.co. The request does not require removal from archives, historical posts, completed presentations, internal records, or previously distributed materials.

12.7 You grant LabTested a perpetual, irrevocable, worldwide, royalty-free right to use feedback and incorporate it into products and services without compensation.

13. Suspension and Termination

13.1 You may stop using the Service at any time. Subscription cancellation remains governed by Section 10.

13.2 LabTested may suspend, restrict, disable, remove, or terminate an Account, Content, Published Content, API access, or LabTested Badge, with or without prior notice, where LabTested reasonably believes that:

13.2.1 you breached an applicable agreement, policy, or law;

13.2.2 Content is fraudulent, altered, fabricated, inaccurate, misleading, expired, unauthorized, or legally risky;

13.2.3 product claims, marketing, labeling, or badge use may mislead consumers or create legal, regulatory, reputational, security, or operational harm;

13.2.4 payment is overdue, reversed, or disputed;

13.2.5 an Account, credential, API, integration, or activity creates a security, privacy, fraud, abuse, or technical risk; or

13.2.6 action is required by law, court order, regulatory request, or a third-party claim.

13.3 Upon suspension or termination, affected rights end immediately. You must cease using LabTested Badges, widgets, APIs, names, logos, and other LabTested intellectual property as directed.

13.4 LabTested may remove or disable Published Content. Limited data-export access may be offered at LabTested’s discretion.

13.5 Where the Service was installed through Shopify, uninstalling the app may deactivate associated widget blocks but may not remove metafields, theme settings, or other configuration data stored within your Shopify store. Such residual store data remains under your control, and you are responsible for reviewing and removing it where desired or required.

13.6 Provisions concerning ownership, licenses, fees, disclaimers, liability, indemnity, disputes, and other terms that by their nature should survive remain effective.

14. Disclaimers

14.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

14.2 LABTESTED DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, AVAILABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

14.3 LABTESTED DOES NOT WARRANT THE ACCURACY, COMPLETENESS, AUTHENTICITY, CURRENCY, OR RELIABILITY OF CONTENT, LABORATORY DOCUMENTATION, RESULTS, PRODUCT INFORMATION, WIDGETS, HOSTED PAGES, SCAN PAGES, APIS, ANALYTICS, OR THIRD-PARTY SERVICES.

14.4 LABTESTED DOES NOT WARRANT THAT ANY PRODUCT IS SAFE, PURE, POTENT, CONTAMINANT-FREE, ACCURATELY LABELED, LEGALLY MARKETABLE, OR COMPLIANT WITH LAW. NO LABTESTED BADGE, DISPLAY, REVIEW, OR SOFTWARE OUTPUT CREATES SUCH A WARRANTY.

14.5 Warranty exclusions apply only to the maximum extent permitted by law.

15. Limitation of Liability

15.1 TO THE FULLEST EXTENT PERMITTED BY LAW, LABTESTED, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, SALES, GOODWILL, BUSINESS OPPORTUNITIES, DATA, OR USE, ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

15.2 THEIR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) FEES PAID OR PAYABLE BY YOU TO LABTESTED FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) USD 100.

15.3 The limitations do not exclude liability that cannot lawfully be excluded or limited.

16. Indemnification

16.1 You will defend, indemnify, and hold harmless LabTested, its affiliates, and their officers, directors, employees, agents, licensors, and service providers from claims, investigations, losses, judgments, penalties, liabilities, damages, costs, and reasonable attorneys’ fees arising from or relating to:

16.1.1 your products, Content, Laboratory Documentation, Published Content, product claims, labeling, advertising, or marketing;

16.1.2 your breach of an applicable agreement or law;

16.1.3 an allegation that your Content or conduct violates another person’s rights;

16.1.4 your Account, authorized users, API implementation, integrations, or misuse of the Service; or

16.1.5 bodily injury, illness, death, property damage, consumer loss, regulatory action, recall, or other harm associated with your products or representations.

16.2 LabTested will provide reasonable notice of a covered claim and may control its defense and settlement. You may not settle in a manner that admits fault by, imposes obligations on, or restricts LabTested without prior written consent.

17. Dispute Resolution

17.1 Before formal proceedings, a party must send written notice describing the dispute and requested relief. The parties will attempt in good faith to resolve it for 30 days. Notices to LabTested must be sent to hello@labtested.co.

17.2 Except for eligible small-claims matters and requests for temporary or preliminary injunctive relief concerning intellectual property, confidentiality, security, unauthorized access, or misuse, disputes arising from these Terms or the Service will be resolved through binding individual arbitration administered by the American Arbitration Association. The AAA Commercial Arbitration Rules will apply to disputes involving Merchants, Authorized Users acting for a business, and other commercial users. Where a dispute qualifies as a consumer dispute under the AAA’s applicable standards, the AAA Consumer Arbitration Rules and Consumer Due Process Protocol will apply. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

17.3 Arbitration will be conducted in English before one arbitrator and may proceed remotely. An in-person hearing will occur in New Castle County, Delaware, unless the parties agree otherwise.

17.4 EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING IT.

17.5 You may opt out of arbitration by emailing hello@labtested.co within 30 days after first accepting these Terms. The notice must identify your Account and clearly state the opt-out election.

18. Governing Law

18.1 These Terms and disputes not subject to arbitration are governed by Delaware law, without regard to conflict-of-law principles.

18.2 Subject to Section 17, the state and federal courts located in New Castle County, Delaware, have exclusive jurisdiction, and each party consents to jurisdiction and venue there.

18.3 Mandatory rights and remedies that cannot lawfully be waived remain unaffected.

19. Changes

19.1 LabTested may modify, replace, suspend, or discontinue Service functionality. Where reasonably practicable, advance notice will be provided if a change materially reduces core functionality of a paid plan, unless immediate action is needed for security, legal compliance, abuse prevention, technical integrity, or a third-party dependency.

19.2 LabTested may update these Terms prospectively. The “Last Updated” date will be revised, and material changes will be communicated through the Service or by email where required by law.

19.3 Continued use after the effective date constitutes acceptance. If you reject revised Terms, you must stop using the Service and cancel any Subscription before they take effect.

20. General

20.1 These Terms and incorporated documents constitute the entire agreement concerning their subject matter and supersede prior communications on that subject.

20.2 You may not assign these Terms or an Account without LabTested’s prior written consent. LabTested may assign them in connection with a merger, acquisition, reorganization, financing, sale of assets, or transfer of the Service.

20.3 Failure to enforce a provision is not a waiver. A waiver must be written.

20.4 If a provision is unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain effective.

20.5 Headings are for convenience only. “Including” means “including without limitation.” Electronic acceptance and notices have the same effect as written acceptance and notices to the extent permitted by law.

20.6 These Terms do not create a partnership, joint venture, employment, agency, fiduciary, franchise, or exclusive relationship.

21. Contact

21.1 Questions, notices, refund requests, privacy requests, security reports, and legal communications may be sent to:

LabTested, Co.

702 Cedar Street

Santa Monica, CA 90405

United States

Website: https://www.labtested.co

Email: hello@labtested.co