Terms of use


Effective date: 18 Aug, 2019


What Are the Terms of Service?
The Terms of Service constitutes a contract between LabLog and you. These User Terms of Use (the “User Terms”) govern your access and use of the LabLog apps and web platform (the “Services”). Please read them carefully. We are happy that you’re here.


These User Terms are Legally Binding

These User Terms are a legally binding contract between you and us. As part of these User Terms, you agree to comply with the most recent version of our Acceptable Use Policy, which is incorporated by reference into these User Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the User Terms or the Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by the User Terms and the Acceptable Use Policy. “We”, “our” and “us” currently refers to the applicable LabLog entity in the Contract (defined below).

By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of the text, images, and other data you choose to input, upload, or store in LabLog (collectively, “Content”) and your personal information in accordance with such Privacy Policy.

Who is “Customer”?
“Customer” is the organization that you represent in agreeing to the Contract. If your LabLog account is being set up by someone who is not formally affiliated with an organization, Customer is the individual who gives you access to your account and the LabLog system.


CONTENT RIGHTS
While you own the Content you store within the LabLog service (subject to third party rights), you acknowledge and agree that LabLog (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software that is part of the Service and all LabLog software deployed by you or a third party to enable capturing of Content originating outside the Service, such as LabLog Scannable, LabLog Web Clipper, the Site Memory widget or any of the LabLog software applications for compatible computing devices that enable access and use of the Service through such device (the “LabLog Software”).

INTELLECTUAL PROPERTY RIGHTS
In agreeing to these Terms, you also agree that the rights in the Service and LabLog Software, including all intellectual property rights, such as trademarks, patents, designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any LabLog Software, unless you are expressly permitted to do so under an open source license, we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition.

RIGHT TO MODIFY THE SERVICE
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service or LabLog Software. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions, the ability to send or receive email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. For example, if you use LabLog Basic, you will not enjoy all of the benefits provided to subscribers of LabLog Plus, LabLog Premium or LabLog Business. You also acknowledge that a variety of LabLog actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that LabLog has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a subscriber for LabLog Plus, LabLog Premium, LabLog Business or another paid version of the Service (each a “Paid Service”) and find that any such modifications or interruption of the Paid Service adversely affects you, you may notify our Customer Support team, explain the adverse impact the modification has created and, if you desire, request a termination of your Paid Service. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Paid Service subscription for a period of time equal to the interruption and/or refund a portion of your Paid Service subscription fee equal to the remaining unused term of the Paid Service subscription, as we determine appropriate or as may be required by applicable law.

RIGHT TO ENGAGE THIRD PARTIES
LabLog engages certain affiliates or other third parties (“Service Providers”) to provide technical or other services relating to all or part of the Service, and you hereby agree that such involvement by these Service Providers is acceptable. In addition, LabLog may contract with third party resellers of the LabLog Plus, Premium or Business versions of the Service and payment processors to enable payments in your local currency and payment systems. Please see our Privacy Policy to understand the extent to which any affiliate or third party may have access to your account information or Content and our Commercial Terms to understand our relationship with any reseller or payment processor.

RIGHT TO USE THIRD-PARTY SOFTWARE
LabLog may from time to time include as part of the Service and LabLog Software computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. We provide information about some of this third party software here and within the particular LabLog Software. LabLog expressly disclaims any warranty or other assurance to you regarding such third party software.

RIGHT TO UPDATE OUR SOFTWARE
In connection with any modification of the Service, LabLog may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. LabLog will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), LabLog may require you to install the update to continue accessing the Service. In all cases, you agree to permit LabLog to deliver these updates to you (and you to receive them) as part of your use of the Service.

Do These Terms Apply to LabLog Business Users?
If you are using the Service as part of a LabLog Business account, your use of the Service is governed by these Terms, except to the extent the Separate Agreement governing the LabLog Business account provides conflicting terms. The Customer who has contracted with LabLog and the Administrator of the LabLog Business account (as “Customer” and “Administrator” are defined in the applicable LabLog Business Agreement) have the responsibility to and agree to share the terms of such Separate Agreement with each individual whose user account is linked to that LabLog Business account (“End User”). If you are an End User of an LabLog Business account, please note that the Customer of your LabLog Business account (such as your employer or organization) may have established its own rules regarding End Users’ access, use, disclosure, or retention of data stored in that account. You can find more information on how your personal LabLog service account works with your LabLog Business account in our Privacy Policy.