Terms of Service

Last updated December 13, 2023

This website is operated by Labtorio, LLC, a Washington-registered Limited Liability Corporation. Labtorio, LLC (“we”, “our”, “us”) reserves the right to change or modify this Agreement, and any policy or guideline incorporated by reference at any time at its sole discretion.

The Customer (“you”, “your”, “them”, “their”, “theirs”) accept our Terms of Service, detailed herein, by using our site and services. You agree that you’ve reviewed and understand the content within.

Any changes or modification to these Terms of Service will be posted to https://labtorio.com/terms-of-service/ with 30 days notice before becoming effective, allowing Customers time to evaluate changes or terminate their account if desired.

This agreement supersedes and predates all agreements between Labtorio, LLC and Customer regardless of the time when the previous agreements were made and who they were made with.

1. Access Terms
   By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
   You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
   A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. Service and Prices
   All descriptions or pricing of Products and Services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
   We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
   We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
3. Payments & Refunds
   Payments are nonrefundable and we do not provide refunds or reimbursements except as provided for in the Money Back Guarantee. You further agree that, upon registering for the services through the Site, you authorize Labtorio, LLC to charge your method of payment (e.g. credit card) for the fee. Your account and access to the services provided via the site may be suspended in the event of non-payment of applicable fees. You represent and warrant to Labtorio, LLC that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. Labtorio, LLC may change its fees from time to time without prior or advanced notice.
4. Errors, Innacuracies, and Omissions 
   Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
   We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
5. Expiration
   You are responsible for using our services after purchase. You understand that all unused purchases (such as “credits”, “deposits”, “packages”) expire 3 months (90 days) from the date of purchase. Once expired, they can no longer be redeemed for services or products of any kind and are nonrefundable and will not be reimbursed. You understand that it is your responsibility to keep track of your purchase dates and expiration dates. To calculate an expiration date simply add 90 days to the date and time that the purchase receipt email was received. We will do our best to inform you of upcoming expiration dates but make no guarantee that we will do so.
6. Accuracy & Quality
   While we do our best to minimize any mistakes, due to the nature of creative services, we can not guarantee that all files will be delivered to your satisfaction or will be 100% error free. Upon delivery you agree to review and proof all files for any errors or omissions and notify us if any changes or corrections are needed. We will do our best to rush any edits to correct the mistakes. We are not responsible or liable for any losses or expenses incurred from errors or omissions.
   We will do our very best to provide you with the highest quality services. We wouldn’t be in business for very long if we didn’t. However, we make no guarantees that the quality of our services will meet or fulfill your expectations. Every customer’s needs, style requirements, and preferences are different. So, while we will do our very best we cannot guarantee that you will be 100% satisfied with our services.
7. Ownership & Limited Rights
   You maintain the ownership rights of any content and files that you send us, and any derivative works created at your direction or request through the use of the Service.
   You give us full rights to use your content to the extent necessary to complete the tasks. When you send us content or files you authorize us to retain archival copies of the content and to use the content for internal training in perpetuity.
   By default, you agree to provide us with a non-exclusive right and license to publish your work in our portfolio, website logo block, social media, email, or any other communication or promotional efforts. If you would like to revoke this right, please notify our team in writing at isaac@labtorio.com with subject line “Ownership & Limited Rights”.
8. Intellectual Property
   All business operations, methodologies, systems of organization, methods, workflows, applications, and software used in completing tasks and providing our services are the exclusive intellectual property of Labtorio, LLC and its owner(s).
9. Output & Turnaround Times
   While we can accept unlimited requests and revisions, our output volume depends on many factors such as the complexity of requests and the total number of requests. We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is to not use our service for time sensitive requests.
   Our normal working hours are regular business hours Monday through Friday Pacific Standard Time (PST) and Saturday from 9:00am to 5:00pm PST. We also observe several holidays throughout the year. While we will do our best to provide advance notice of changes availability, we make no guarantee regarding availability of the Service.
10. Copyright
    We make no guarantee against copyright infringements, copyright claims, or copyright strikes. All assets that we use such as images, videos, and music are copyright free or are licensed to us through various vendors, websites, or services. However, if you ask us to find or use assets such as images, videos, or music that are copyrighted then we cannot guarantee that you will not receive a copyright claim or a copyright strike. We take no responsibility and cannot be held accountable if you receive a copyright claim or strike for any reason whatsoever.
11. Limitation of Liability
    We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
    We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
    You agree that, from time to time, we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. We agree that we will do our best to alert customers of any planned downtime.
    You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    In no case shall Labtorio, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
12. Dispute Resolution
    Any unresolved disputes related to these Terms or the Services will be resolved by binding arbitration held in Seattle, WA under the laws of Washington state.
13. Severability
    You acknowledge that this Agreement is reasonable, valid and enforceable. However, if any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be changed in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
14. Governing Law
    Any claim relating to Labtorio, LLC, its officers, or its employees shall be governed by the laws of the United States and the state of Washington without regard to its conflict of law provisions.
15. General Provisions
    Headings, bullet points, and all other formatting are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
    No failure or delay by either party to this Agreement in exercising any power, right or privilege provided in this Agreement will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in this Agreement.
    The contents of this Agreement also apply to any and all affiliates, assistants, coworkers, contractors, sub contractors, and any person you may work with, regardless of if that person has explicitly reviewed or agreed to this Agreement and you agree that the you will be held accountable for all actions of said person(s).
16. Contact Information
    Questions about the Terms of Service should be sent to isaac@labtorio.com.