Please take time and carefully read through this Agreement. You may also visit our Privacy Policy to learn about our privacy-related policies and procedures. By using the Service, you consent to ProductLab’s collection, use, and sharing of your information as set forth in our Privacy Policy. The Privacy Policy also describes your privacy rights and choices, including how to opt out of the sale or sharing of your personal information.
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.
Access
Subject to the terms of this Agreement, ProductLab will provide User with the Service for use by User only in accordance with all documentation and written instructions provided by ProductLab. ProductLab may change, suspend, or discontinue the Service at any time, including the availability of any feature, database, or content, and may impose limits or restrict access without notice or liability.
ProductLab reserves the right to modify this Agreement at any time by posting a notice on the Site or sending notice via email or account notification. User is responsible for reviewing such modifications; continued use of the Service following notification constitutes acceptance of the modified Agreement.
You must be at least 18 years old and legally able to enter this agreement to use the Services. User also certifies that they are legally permitted to use the Service. This Agreement is void where prohibited by law.
User acknowledges that the Service will sometimes be down for maintenance and updates, after which features may be added or removed. User is responsible for obtaining and maintaining any equipment or ancillary services needed to access the Service, and for ensuring compatibility.
Site Content
All content (e.g., data, metrics, and the like) and materials (collectively, “Content”) delivered via the Service 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, publish, adapt, edit, or create derivative works from such materials or Content.
User may print or download a reasonable number of copies of the materials for User’s own informational purposes, provided that User retains all copyright and other proprietary notices. Any use of Content not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.
User General Content
If User uses the Site to contribute Content (“User Content”), ProductLab (and its successors) is 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 at any time, for any reason or no reason at all.
User represents and warrants that it has all right, power, and authority to contribute its User Content and grant the foregoing license; that such content will not infringe the rights of any third party; that its contribution will not conflict with any obligations to any third party; that such content will at all times be accurate, truthful, and up-to-date; and that neither the content nor its contribution will violate any laws or regulations.
Panelist Content; Panelist Fees
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 Panelists for Panelist Data as set forth on the Site (“Panelist Fees”). Panelist Fees will be credited to a Panelist’s account within thirty (30) days of being earned. The Panelist must initiate a withdrawal of the Fees, which will be paid by a third-party service such as PayPal.
Panelist Fees are credited to your balance and expire after 90 days of account inactivity if not withdrawn. Payouts are made through third-party providers (e.g., PayPal, Venmo). Panelist Fees will be the sole compensation for a Panelist’s provision of Panelist Data. Panelists make the same representations and warranties regarding their Panelist Content as set out for User Content above.
Panel Participation & Account Integrity
To receive payouts you may be required to verify your identity. We may review, validate, or reject submissions; detect and remove duplicate or shared submissions; reverse earnings credited in error or from invalid or fraudulent submissions; run device-integrity and anti-fraud checks; require a minimum balance to cash out; and suspend or disable accounts that violate these Terms or our fraud policies.
Some ProductLab tools are optional, including our browser extension. Installing it is your choice; it collects information only as described in our Privacy Policy, and you can disable or uninstall it at any time without affecting your ability to use the rest of the Services.
Registration; Security
As a condition to using certain features, User may be required to provide email, phone number, or Facebook credentials (a “ProductLab User ID”). User shall provide accurate, unique, complete, and updated registration information; failure to do so is a breach of this Agreement and may result in termination and/or legal action.
User may not select or use as a ProductLab User ID the name of another person with intent to impersonate, or a name subject to the rights of another person without authorization. ProductLab may refuse registration of, or cancel, a ProductLab User ID at its discretion. User is responsible for maintaining the confidentiality of their account information.
Intellectual Property
All content included on the Site — 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.
Except as expressly set forth herein, ProductLab alone (and its licensors, where applicable) retains all intellectual property rights relating to the Service or any suggestions, ideas, enhancement requests, feedback, or recommendations provided by you or any third party, which are hereby assigned to ProductLab. This Agreement is not a sale and does not convey any rights of ownership in the Service or any intellectual property rights.
Indemnification
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 their employees, contractors, directors, suppliers, and representatives from all liabilities, losses, penalties, fines, settlements, claims, and expenses (including reasonable attorneys’ fees) arising from User’s use or misuse of the Service, access to any part of the Service, content (including Panelist Content), or violation of this Agreement.
Warranty Disclaimer
THE SERVICE (INCLUDING THE SITE AND ANY SOFTWARE) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PRODUCTLAB MAKES NO WARRANTY THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICE WILL MEET USER’S REQUIREMENTS. USER’S USE OF THE SERVICE IS SOLELY AT USER’S OWN RISK.
Limitation of Liability
IN NO EVENT SHALL PRODUCTLAB, 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: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (II) FOR ANY BUGS, VIRUSES, OR TROJAN HORSES; (III) FOR ANY ERRORS OR OMISSIONS IN ANY DATA OR INFORMATION; OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.) — PROVIDED THAT IF PRODUCTLAB OWES A PANELIST FEES GREATER THAN $100.00, SUCH CAP WILL BE THE AMOUNT OF SUCH FEES.
THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Nothing in these Terms (including the warranty disclaimer above and the liability cap in this section) excludes, restricts, or modifies any consumer guarantee or remedy you have under applicable law that cannot lawfully be excluded, including under the Australian Consumer Law. Where a guarantee cannot be excluded, our liability is limited (where permitted) to re-supplying the Services or the cost of re-supply.
Termination
ProductLab may terminate User’s access to all or any part of the Service at any time, with or without cause, effective upon notice (provided that, if ProductLab determines there may be an immediate threat, it may terminate access without notice). With respect to Panelists, within thirty (30) days from termination, ProductLab will pay all outstanding Panelist Fees.
Upon termination notice, User will no longer access (or attempt to access) the Service. All provisions which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
Miscellaneous
The failure of either party to exercise any right provided herein is not a waiver of further rights. You acknowledge that you are not an employee, agent, partner, or joint venturer of ProductLab and have no authority to bind ProductLab. ProductLab is not liable for any failure to perform resulting from causes beyond its reasonable control. If any provision is found unenforceable, it will be limited or eliminated to the minimum extent necessary so the Agreement otherwise remains in full force.
This Agreement is not assignable or transferable by User except with ProductLab’s prior written consent; ProductLab may assign or delegate without consent. This Agreement is governed by and construed in accordance with the laws of the State of California, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California.
Without limiting either party’s right to seek injunctive or equitable relief, 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”), taking place in San Francisco, California, in English. Any arbitration 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.
The arbitration agreement and class-action waiver apply only to the extent permitted by the law of your jurisdiction. Where unenforceable (including for many users outside the United States), disputes will be resolved by the courts of your place of residence under local law.
This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes all previous agreements relating to its subject matter; all modifications must be in writing signed by both parties, except as otherwise provided herein. User shall comply at User’s expense with all applicable federal, state, and local laws, including income tax laws. Any User registering from outside the United States certifies that they will not access ProductLab from within the United States.
Withdrawing Consent
You may withdraw your consent at any time
By emailing support@productlab.ai.