Effective Date: 2023-02-01
The following terms and conditions (the “Agreement”) govern all use of the Product Lab AI, Inc app and ProductLab.ai website (together, the “Site”) and the products and services available on or at the Site (taken together with the Site, the “Service”). The Service is owned and operated by Product Lab AI, Inc (“ProductLab”). The Service is offered subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by ProductLab.
Please take time and carefully read through this Agreement. You may also visit https://productlab.ai/privacy/ to learn about our privacy related policies and procedures.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.
Subject to the terms and conditions of this Agreement and compliance therewith, ProductLab will provide User with the Service – for use by User only in accordance with all documentation and other written instructions provided by ProductLab (including, without limitation, as may be sent via email, account notification or posted by ProductLab on the Site).
ProductLab may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or content. ProductLab may also impose limits on certain features of the Service or restrict User’s access to parts or all of the Service without notice or liability. ProductLab reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending User a notice via email or or account notification. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User’s acceptance of the terms and conditions of this Agreement as modified.
User certifies to ProductLab that if User is an individual (i.e., not a corporation), User is at least 13 years of age (provided that, if User is located in a state in which 13 is under the age of majority, then User represents they have the legal consent of a legal guardian to enter this Agreement).
User also certifies that they are legally permitted to use the Service and take full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
User acknowledges that the Service will sometimes be down for maintenance and updates. After these updates you may find new features added or existing features removed.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
User agrees that all content (e.g. data, metrics, and the like) and materials (collectively, “Content”) delivered via the Service or otherwise made available by ProductLab at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by ProductLab in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, User may print or download a reasonable number of copies of the materials or content at this Site for User’s own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of ProductLab.
Use of Content for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.
User acknowledges and agrees that if User uses the Site to contribute Content to the Site (“User Content”), ProductLab (and its successors) is hereby granted a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right to display, distribute, modify, reproduce and otherwise fully exploit such User Content (including all related intellectual property rights), for any purpose, and to allow others to do so. ProductLab reserves the right to remove any User Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content), or for no reason at all.
User represents and warrants that (i) it has all right, power and authority, to contribute all of their User Content to the Site and grant the foregoing license, (ii) such content will not infringe or otherwise violate the rights of any third party, (iii) User’s contribution will not be in conflict with any obligations User has to any third party, (iv) such and content will at all times be accurate, truthful and up-to-date (and if not, User will immediately correct such issue) and (iv) neither such content, nor the contribution thereof, will violate any laws or regulations.
To the extent User is engaged by ProductLab to provide data and other information (such as survey responses or photos) (collectively “Panelist Data”) – they will be a “Panelist”. ProductLab will compensate Panelist for the Panelist Data as set forth on the Site (or otherwise specified by ProductLab in writing (“Panelist Fees”). Panelist Fees will be credited to Panelist's account within thirty (30) days that it is earned. The Panelist must initiate a withdrawl of the Fees. Fees will be paid by a third-party services such as PayPal. If the Panalist does not withdraw any part of their balance within 30 days of it being credited to their account, it will expire. The Panelist Fees will be the sole compensation for Panelists provider of the Panelist Data.
Panelist represents and warrants that (i) it has all right, power and authority, to contribute all of their Panelist Content to the Site and grant the foregoing license, (ii) such content will not infringe or otherwise violate the rights of any third party, (iii) Panelist’s contribution will not be in conflict with any obligations Panelist has to any third party, (iv) such and content will at all times be accurate, truthful and up-to-date (and if not, Panelist will immediately correct such issue) and (iv) neither such content, nor the contribution thereof, will violate any laws or regulations.
As a condition to using certain features of the Service, User may be required to (i) provide email, phone number or Facebook credentials (“ProductLab User ID”). User shall provide ProductLab with accurate, unique, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account and/or possible legal action.
User may not (i) select or use as a ProductLab User ID a name of another person with the intent to impersonate that person; or (ii) use as a ProductLab User ID a name subject to any rights of a person other than User without appropriate authorization. ProductLab reserves the right to refuse registration of, or cancel a ProductLab User ID in its discretion.
User shall be responsible for maintaining the confidentiality of User’s ProductLab account information.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ProductLab or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of ProductLab and protected by U.S. and international copyright laws
Except as expressly set forth herein, ProductLab alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Service or any suggestions, ideas, enhancement requests, feedback or recommendations provided by you or any third party relating to the Service, which are hereby assigned to ProductLab. You will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under this Agreement. This Agreement is not a sale and does not convey any rights of ownership in or related to the Service, or any intellectual property rights.
User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless ProductLab, its affiliates and each of its, and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, penalties, fines, settlements, claims, and expenses, including reasonable attorneys’ fees, that arise from User’s (i) use or misuse of the Service; (ii) access to any part of the Service, (iv) content (including, for clarity, Panelist Content) or (iii) violation of this Agreement.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE AND ANY SOFTWARE) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PRODUCTLAB MAKE NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER’S REQUIREMENTS. PARTICULARLY, PRODUCTLAB MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY OF ANY DATA PRESENTED VIA THE SERVICE. USER’S USE OF THE SERVICE IS SOLELY AT USER’S OWN RISK.
IN NO EVENT SHALL PRODUCT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (OR ANY DATA OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICE): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY DATA OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY DATA OR INFORMATION POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.) (PROVIDED THAT IF PRODUCT LAB OWES A PANELIST ANY FEES THAT ARE GREATER THAN $100.00 – SUCH CAP WILL BE THE AMOUNTS OF SUCH FEES. In addition, ProductLab shall not be liable for any loss or liability resulting, directly or indirectly, from User’s inability to access or otherwise use the Service (including, without limitation, any delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems or utility failures. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
ProductLab may terminate User’s access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User (provided that, if ProductLab determines there may be an immediate threat to ProductLab, it may terminate such access without notice). With respect to Panelists, within thirty (30) days from termination, ProductLab will pay all outstanding Panelist Fees.
Upon termination notice from ProductLab, User will no longer access (or attempt to access) the Service.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of ProductLab, and you do not have any authority of any kind to bind ProductLab in any respect whatsoever. ProductLab shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ProductLab’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with ProductLab’s prior written consent. ProductLab may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Notwithstanding the foregoing sentence, (but without limiting either party’s right to seek injunctive or other equitable relief immediately, at any time, in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be settled by arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in San Francisco, California, using the English language. Any arbitration under Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND PRODUCTLAB ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Except as expressly set forth otherwise herein, both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind ProductLab in any respect whatsoever. User shall comply at User’s expense with all applicable federal, state and local laws, including income tax laws. Any User registering with ProductLab from outside the United States hereby certifies that he or she will not access ProductLab from within the United States.