These Terms of Service (the “Terms”, or this “Agreement”) govern your access to and use of the websites, applications, and services provided by Probalab (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an entity, you represent that you have authority to bind that entity, and “you” refers to that entity.
Privacy. Our handling of personal data is described in our Privacy Notice, which is incorporated by reference into these Terms. By using the Service, you consent to the practices described there.
1. Eligibility & Accounts
- You must be at least 18 years old and able to form a legally binding contract to use the Service.
- Certain features require an account. You agree to provide accurate, complete, and up-to-date information and to keep your credentials confidential. You are responsible for all activity under your account and must promptly notify us of any unauthorized use.
2. Description of the Service & Changes
- Probalab provides software services and related tools to help users build, launch products and manage customer relationships (the “Service”).
- We may add, remove, or modify features, or suspend/stop the Service (in whole or in part) at any time. We may also update these Terms. If changes are material, we will provide notice by posting the updated Terms and/or via email or in-product notice. Continued use of the Service after changes become effective constitutes acceptance.
3. Feedback
If you provide ideas, suggestions, or other feedback (collectively, “Feedback”), you grant Probalab a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use and exploit the Feedback without restriction or attribution.
4. Subscriptions, Fees & Trials
4.1 Subscriptions & Billing.
Access to some or all of the Service may require payment of fees ("Fees"). By purchasing a subscription (a “Subscription”), you authorize Probalab or our payment processor to charge your designated payment method for the applicable Fees, taxes, and any adjustments. You represent that you have the legal right to use the payment method provided.
4.2 Auto-Renewal.
Subscriptions automatically renew at the then-current rates on a monthly or annual basis (as selected) until you cancel. You authorize recurring charges using your payment information unless and until you cancel. Changes to plan tier may take effect on the next billing cycle. Downgrades may result in loss of features or capacity.
4.3 Cancellations & Refunds.
You may cancel at any time, with cancellation effective at the end of the current billing period. Except where required by law or expressly stated otherwise, Fees are non-refundable and non-transferable.
4.4 Free Trials.
We may offer trials for a specified period. Unless you cancel before the trial ends, the paid Subscription you selected will begin, and your payment method will be charged. Trials are subject to the terms presented at sign-up and may not be combined with other offers.
5. Your Content & Data
- You are responsible for content, data, and materials you submit to or through the Service (“Your Content”). You represent that you have all rights necessary to submit and use Your Content with the Service and that Your Content and its use will not violate law or third-party rights.
- You grant Probalab a non-exclusive license to host, process, store, transmit, display, and otherwise use Your Content as necessary to provide and improve the Service and as described in the Privacy Notice.
- You acknowledge that the Service is provided on an “as available” basis and may not be uninterrupted, timely, secure, or error-free.
6. Acceptable Use
You agree not to, and not to permit others to:
- Use the Service in violation of law, regulation, or these Terms;
- Infringe, misappropriate, or violate any intellectual property, privacy, or other rights;
- Upload or transmit malware or engage in activity that disrupts or degrades the Service;
- Attempt to bypass or circumvent security or usage limits (e.g., rate limits);
- Scrape or harvest data from the Service by automated means without our prior written consent;
- Impersonate any person or entity or misrepresent your affiliation;
- Access the Service to build a competing product.
7. Third-Party Services
The Service may depend on or interoperate with third-party services (e.g., hosting, cloud, analytics, payment processors). Your use of third-party services is subject to their terms and policies. We are not responsible for third-party services.
8. Intellectual Property
- The Service, including software, interfaces, designs, look-and-feel, documentation, and all other materials provided by Probalab (“Probalab Materials”), are owned by Probalab or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you.
- You may not reverse engineer, decompile, or otherwise attempt to derive source code or algorithms, except to the extent such restriction is prohibited by applicable law.
9. Beta & Pre-Release Features
We may designate some features as alpha, beta, preview, or otherwise pre-release (“Beta Features”). Beta Features are provided for evaluation “as is,” may be subject to additional terms, and may be changed or discontinued at any time.
10. Suspension & Termination
We may suspend or terminate your access to the Service immediately if we reasonably believe you have violated these Terms, pose a security or legal risk, or to comply with law. You may terminate at any time by cancelling your Subscription and ceasing use of the Service. Sections intended to survive (including 3, 5, 6, 8, 11–16, and 18–20) will survive termination.
11. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PROBALAB AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROBALAB OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROBALAB'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO PROBALAB FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) FIFTY U.S. DOLLARS (US$50).
13. Indemnification
You will defend, indemnify, and hold harmless Probalab and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to Your Content, your use of the Service, or your breach of these Terms or applicable law.
14. Compliance; Sanctions; Export
You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S., U.K., or EU sanctions, and are not a denied/restricted party. You will comply with all applicable export control and sanctions laws.
15. Notices
Notices may be provided via the Service, email, or to your account address. You consent to receiving electronic communications and agree that they satisfy any legal requirements for communications to be in writing.
16. Assignment
You may not assign or transfer this Agreement without our prior written consent. We may assign or transfer our rights and obligations without restriction.
17. Dispute Resolution
17.1 Governing Law & Venue (Non-U.S.)
Unless you are a U.S. resident (see 17.2), these Terms and any dispute or claim arising out of or in connection with them are governed by the laws of Poland, without regard to conflict of law rules, and the courts of Warsaw, Poland shall have exclusive jurisdiction, except that Probalab may seek injunctive relief in any court of competent jurisdiction.
17.2 U.S. Customers — Binding Arbitration & Class Action Waiver (Optional Template)
If you are a resident of the United States, the following applies, to the extent enforceable by law:
- Arbitration. Any dispute or claim arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The U.S. Federal Arbitration Act governs interpretation and enforcement of this section.
- Venue. Unless otherwise agreed, arbitration hearings will occur in the county where you reside. The arbitrator shall have exclusive authority to resolve all disputes relating to arbitrability and the scope of this agreement to arbitrate.
- Costs. AAA rules will govern payment of filing, administration, and arbitrator fees. We will not seek our attorneys' fees or costs in arbitration unless the claim is found frivolous. If you prevail, you may be entitled to attorneys' fees to the extent provided by law.
- Injunctive Relief. The arbitrator may award individual injunctive relief only to the extent necessary to provide relief warranted by the individual claim. Claims for public injunctive relief must be brought in a court of competent jurisdiction, with arbitration stayed pending resolution of such claim.
- Confidentiality. The arbitration and any award shall be confidential to the extent permitted by law.
- Class Action Waiver. YOU AND PROBALAB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If the class action waiver is found unenforceable, this Section 17.2 shall be severed and the dispute shall proceed in court.
18. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
19. Entire Agreement
These Terms, together with any order forms and policies expressly referenced, constitute the entire agreement between you and Probalab regarding the Service and supersede prior or contemporaneous agreements on the subject matter.
20. Contact
Probalab
Legal/Compliance: chris @ probalab.com
Ulfsoft Krzysztof Begiedza
Świątki 27a, 11-008 Świątki, Poland
NIP: 8952241146 | REGON: 521901493