Updated: July 9th, 2014
Effective: July 9th, 2014
Thank you for choosing 29 Labs!
This is an Agreement between you and 29 Labs LLC that describes your rights to use the Software and Services identified in section 1.1. We believe that great software is built upon open and honest relationships. Therefore we have phrased some of the terms of this Agreement in a question and answer format and used plain language whenever possible. You should read the entire Agreement because all of the terms are important and together create a legal Agreement that, once accepted by you, applies to you.
The Software and Services covered by this Agreement will be clearly identified in the quotation that we provide you or in the contract we entered into with you. The quotation or contract will reference the 29 Labs Service Agreement.
You agree to abide by this Agreement when you accept, in writing, a quotation that references the 29 Labs Service Agreement or enter into a contract that references the 29 Labs Service Agreement.
The duration or term of this Agreement will be clearly specified in the quotation or contract. Unless stated otherwise, at the end of the term, this Agreement will automatically renew based on the terms in section 3.3.
You do. We don't claim ownership of the Content you provide on the Services.
When you transmit or upload Content to the Services, you're giving 29 Labs the right, without charge, to use the Content as necessary to provide the Services to you and to improve and create new 29 Labs products and services.
The price for the Software and Services will be specified in the quote or contract and you agree to pay that charge. The price stated for the Software and Services excludes all applicable taxes and fees, unless stated otherwise. You're solely responsible for paying such taxes or other charges. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its Content.
Unless stated otherwise in the quote or contract, payments are due net 30 days from the invoice date. You agree to pay a charge of 2% per month for overdue amounts.
At least 15 days prior to the end of the Agreement term, we'll inform you by email before automatically renewing your Services. Once we have informed you that the Services will be automatically renewed, we may automatically renew your Services and charge you the then current price for the renewal term. Unless stated otherwise in the quote or contract, the Services will automatically renew for a one month term. We'll also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
The price in the quote or contract will remain in force for the term of this Agreement. Upon renewal of this Agreement, we may change the price of the Services and will notify you by email at least 15 days before the price change. If you don't agree to the price change, you must cancel and stop using the Services before the price change takes effect.
Unless otherwise provided by law or by a particular service offer, all purchases are final and non-refundable.
You may cancel the Services at the end of the term of this Agreement. If you cancel, your Services will end at the end of your current Agreement term.
You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys' fees and other legal fees and costs.
You're responsible for paying the fees charged by your Internet access providers. Those fees are in addition to the fees you pay us for the Services. If you access the Services through wireless devices (for example, phones and tablets), your wireless carrier may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You're solely responsible for any costs you incur to access the Services through any wireless or other communication service.
Unless accompanied by a separate license Agreement, any software provided by us to you as part of the Services is subject to the terms of this Agreement. The Software is licensed, not sold, and 29 Labs reserves all rights to the Software not expressly granted by 29 Labs, whether by implication, estoppel, or otherwise. If this Agreement governs the website you're viewing, any third-party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by 29 Labs.
We grant you the right to install and use the Software as specified in the quotation or contract, as part of your use of the Services, but only if you comply with all other terms in this Agreement.
Yes. In addition to the other restrictions in this Agreement, you may not circumvent or bypass any technological protection measures in or relating to the Software or Services or disassemble, decompile, or reverse engineer any software or other aspect of the Services that's included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so; separate components of the Software or Services for use on different devices; publish, copy, rent, lease, or lend the Software or the Services; or transfer the software, any software licenses, or any rights to access or use the Services. You may not use the Services in any unauthorized way that could interfere with anyone else's use of them or gain access to any service, data, account, or network. You may not enable access to the Services by unauthorized third-party applications.
We strive to keep the Services up and running; however, all online Services suffer occasional disruptions and outages, and 29 Labs isn't liable for any disruption or loss you may suffer as a result.
We will provide support services to you during the term of this agreement. Unless otherwise stated, the support services will be subject to the terms of this agreement. As a part of our support services, we will use reasonable commercial efforts to provide support via telephone and email during normal business hours (Monday through Friday, excluding 29 Labs holidays, 8 am to 5 pm Eastern Time).
You and 29 Labs will mutually attempt to settle any disagreements through amiable negotiations. If the disagreement cannot be settled through negotiations then the laws of the State of New York will apply. If a court or arbitrator holds that we can't enforce a part of this Agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Agreement won't change.
29 LABS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SOFTWARE, SERVICES, OR SUPPORT SERVICES. YOU UNDERSTAND THAT USE OF THE SOFTWARE, SERVICES AND SUPPORT SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SOFTWARE, SERVICES, AND SUPPORT SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." 29 LABS DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS AREN'T FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DON'T GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR.
If 29 Labs breaches this Agreement, you agree that your exclusive remedy is to recover direct damages up to an amount equal to your Services fee for one month. YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this Agreement such as loss of Content; any virus affecting your use of the Services; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, misrepresentation, or omission; trespass, or other tort; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn't allow the exclusion or limitation of incidental, consequential, or other damages.
You may be able to access third-party websites or services via the Services. 29 Labs isn't responsible for third-party websites, services, or material available through those third-party services. You're solely responsible for your dealings with third-parties (including advertisers). Your use of third-party websites or services may be subject to that third-party's terms and conditions.
This section, and sections 3 (for amounts incurred before the end of this Agreement), 7, 8, 9, and those that by their terms apply after it ends will survive any termination or cancellation of this Agreement.
We may assign this Agreement, in whole or in part, at any time without notice to you. You may not assign this Agreement or transfer any rights to use the Services.
You consent to 29 Labs providing you all invoices, receipts, notifications about the Services, and information the law requires us to provide via email to the address that you provided when you signed up for the Services. Notices emailed to you'll be deemed given and received when the email is sent. If the email address that we should send this information to changes, you're responsible for notifying 29 Labs of the change.
All portions of the services are copyright © 2014 29 Labs LLC and/or its suppliers, 12 Willowbend Drive, Penfield, NY. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the Services and its content. 29 Labs and the names, logos, and icons of all 29 Labs products, software, and Services may be either trademarks or registered trademarks of 29 Labs LLC. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in this Agreement are reserved.