End User License Agreement

By downloading, installing, accessing, or using LabTools Desktop, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, do not install or use the Software.

Age Requirement: You represent and warrant that you are at least eighteen (18) years of age. If you are under 18 years of age, you are not permitted to use this Software. If you are accepting this Agreement on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

Subject to the terms of this Agreement, Filliaux Industries LLC grants you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the Software on devices you own or control
• Use the Software for personal, educational, or commercial research purposes
• Access features according to your subscription tier (Free, Pro, or Enterprise)
• Store and process your research data using the Software's features

This license is personal to you and may not be assigned or transferred to any third party without our prior written consent.

You agree NOT to:

• Copy, modify, or distribute the Software except as expressly permitted
• Reverse engineer, decompile, disassemble, or attempt to derive the source code
• Remove, alter, or obscure any proprietary notices or labels on the Software
• Use the Software for any unlawful purpose or in violation of any applicable laws
• Sublicense, rent, lease, or lend the Software to any third party
• Use the Software to develop competing products or services
• Circumvent any technical limitations or security measures in the Software
• Use automated systems to access the Software in a manner that exceeds reasonable use
• Share your account credentials with unauthorized users

LabTools Desktop offers multiple subscription tiers with varying features and capabilities:

• Free Tier: Basic features with limited cloud storage
• Pro Tier: Advanced features, increased storage, and priority support
• Enterprise Tier: Full feature access, maximum storage, and dedicated support

Subscription fees are billed according to the billing cycle you select. We reserve the right to modify pricing with reasonable notice to subscribers. Current pricing is available at www.thelabtools.com/plan.

Additional modules and specialized features may be available for separate purchase as add-ons to your subscription.

Refund requests are evaluated on a case-by-case basis at the sole discretion of Filliaux Industries LLC. We are not obligated to provide refunds, but we may consider them in appropriate circumstances.

To request a refund, you must:

• Contact our support team at support@thelabtools.com
• Provide your account information and reason for the refund request
• Submit your request within a reasonable time from the date of purchase

If a refund is granted, it may be provided as a full refund, partial refund, or account credit, at our discretion. Processing times for approved refunds may vary depending on your payment method.

Refunds will generally not be granted for: (a) subscription periods that have already been substantially used; (b) add-on modules after they have been activated; (c) requests made in bad faith or in violation of this Agreement.

The Software, including all code, graphics, user interface, images, audio, video, text, and other content, is owned by Filliaux Industries LLC and is protected by copyright, trademark, and other intellectual property laws of the United States and international treaties.

This Agreement does not grant you any rights to our trademarks, service marks, or logos. All rights not expressly granted in this Agreement are reserved by Filliaux Industries LLC.

You retain all rights to your own data and research materials that you create, upload, or process using the Software. We claim no ownership over your content.

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference.

By using the Software, you acknowledge and agree that:

• Your data may be stored on secure cloud servers when using cloud features
• We implement industry-standard security measures to protect your data
• You are responsible for maintaining the confidentiality of your account credentials
• We may collect anonymized usage data to improve the Software
• You may request deletion of your data in accordance with applicable laws

We use 256-bit AES encryption for data protection and OAuth 2.0 with JWT for secure authentication.

The Software may integrate with or rely upon third-party services, libraries, and APIs. Your use of such third-party services is subject to their respective terms of service and privacy policies.

We are not responsible for the availability, accuracy, or content of third-party services. Third-party services may include, but are not limited to, authentication providers, cloud storage services, and scientific computing libraries.

We make no warranties regarding third-party services and shall not be liable for any damages arising from your use of or reliance on such services.

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, Filliaux Industries LLC disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties of non-infringement or title
• Warranties that the Software will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy or reliability of any results obtained

You acknowledge that the Software is intended as a research and analysis tool, and any results should be independently verified before use in critical applications.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FILLIAUX INDUSTRIES LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

This includes, without limitation, damages for loss of profits, data, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.

In no event shall our total liability exceed the amount you paid for the Software in the twelve (12) months preceding the claim, or one hundred dollars ($100 USD), whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any of its terms.

We may terminate or suspend your access to the Software at any time if:

• You breach any provision of this Agreement
• You fail to pay applicable subscription fees
• We are required to do so by law
• We discontinue the Software or your subscription tier

Upon termination, you must cease all use of the Software and destroy any copies in your possession. Sections regarding intellectual property, disclaimers, limitation of liability, arbitration, and governing law shall survive termination.

We may release updates, patches, or new versions of the Software from time to time. These updates may be required for continued use of the Software and may be installed automatically.

We reserve the right to modify this Agreement at any time. We will notify you of material changes by posting the updated Agreement on our website or through the Software. Your continued use of the Software after such changes constitutes acceptance of the modified Agreement.

We may also modify, suspend, or discontinue any features of the Software at our discretion, with or without notice.

The Software may be subject to United States export control laws, including the U.S. Export Administration Act and its associated regulations. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce.

You represent and warrant that:

• You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country
• You are not listed on any U.S. Government list of prohibited or restricted parties, including the Treasury Department's list of Specially Designated Nationals or the Commerce Department's Denied Persons List or Entity List
• You will not use the Software for any purposes prohibited by U.S. law, including the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons

You agree to indemnify and hold Filliaux Industries LLC harmless from any claims, losses, liability, or expenses arising from your violation of these export control provisions.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Binding Arbitration: You and Filliaux Industries LLC agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the use of the Software shall be resolved by binding arbitration, rather than in court, except that either party may seek equitable relief in court for infringement or misuse of intellectual property rights.

Arbitration Rules: The arbitration will be conducted by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes. The arbitration shall take place in Nebraska, or at another mutually agreed location.

Class Action Waiver: YOU AND FILLIAUX INDUSTRIES LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Costs: Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. If, however, your claim is for $10,000 or less, we will pay all such fees unless the arbitrator determines your claim is frivolous.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to support@thelabtools.com within thirty (30) days of first accepting this Agreement. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.

This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, United States, without regard to its conflict of law provisions.

For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Nebraska.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Entire Agreement: This Agreement constitutes the entire agreement between you and Filliaux Industries LLC regarding the Software and supersedes all prior agreements and understandings, whether written or oral.

Severability: 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.

Waiver: The failure of either party to exercise any right or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer this Agreement or your rights hereunder without our prior written consent. We may assign this Agreement without restriction.

Force Majeure: Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

If you have any questions about this Agreement or the Software, please contact us: