Terms of Service

These Terms of Service ("Terms") govern your access to and use of the LabStream platform, website at labstream.ai, and related services (collectively, the "Services") provided by LabStream, Inc. ("LabStream," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms.

1. Eligibility and Account Registration

The Services are intended for use by laboratory organizations and healthcare professionals. You must be at least 18 years old and have the authority to bind your organization to these Terms. When you create an account, you agree to provide accurate and complete information and to keep it updated.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at security@labstream.ai if you suspect unauthorized access.

2. Use of Services

Permitted Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms and your service agreement. The Services are designed for laboratory operations including order entry, scheduling, courier logistics, and billing workflows.

Restrictions

You agree not to:

• Use the Services for any unlawful purpose or in violation of applicable regulations
• Reverse engineer, decompile, or attempt to extract the source code of the Services
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorized access to the Services or related systems
• Use the Services to transmit malware, viruses, or other harmful code
• Resell, sublicense, or distribute the Services to third parties without our written consent
• Use automated means (bots, scrapers) to access the Services unless explicitly authorized

3. Your Data

Ownership

You retain all rights, title, and interest in your data, including laboratory data, patient information, and business records that you submit to the Services ("Your Data"). We do not claim ownership of Your Data.

License to Process

You grant us a limited license to host, store, process, and transmit Your Data solely to provide the Services to you. This license terminates when you delete Your Data or terminate your account, subject to our data retention obligations.

Data Protection

We process Your Data in accordance with our Privacy Policy and applicable data protection laws. Where Your Data includes Protected Health Information (PHI), we will enter into a Business Associate Agreement (BAA) with you as required by HIPAA.

4. Service Availability and Support

We strive to maintain 99.9% uptime for the Services, as outlined in our service level agreement. Planned maintenance windows will be communicated in advance. We provide technical support during business hours, with escalation procedures for critical issues.

We reserve the right to modify, suspend, or discontinue any part of the Services with reasonable notice. For material changes that affect your use, we will provide at least 30 days' notice.

5. Fees and Payment

Fees for the Services are set forth in your service agreement or order form. Unless otherwise specified, fees are billed monthly or annually and are non-refundable. We may adjust pricing with at least 60 days' written notice before the start of your next renewal period.

If you fail to pay any amount when due, we may suspend your access to the Services after providing 15 days' written notice and an opportunity to cure the non-payment.

6. Intellectual Property

The Services, including all software, designs, content, documentation, and trademarks, are owned by LabStream and protected by intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or brand assets without our written permission.

We welcome your feedback and suggestions about the Services. You agree that we may use feedback without restriction or obligation to you.

7. Confidentiality

Each party agrees to maintain the confidentiality of the other party's proprietary information and to use it only for the purposes of performing under these Terms. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

8. Warranties and Disclaimers

We warrant that the Services will perform materially in accordance with the applicable documentation. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components. The Services are not a substitute for professional medical judgment or clinical decision-making.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LABSTREAM'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO LABSTREAM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL LABSTREAM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

These limitations apply regardless of the theory of liability and even if LabStream has been advised of the possibility of such damages. Some jurisdictions do not allow certain limitations, so the above may not apply to you in full.

10. Indemnification

You agree to indemnify, defend, and hold harmless LabStream and its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

11. Term and Termination

These Terms remain in effect until terminated. Either party may terminate with 30 days' written notice. We may terminate or suspend your access immediately for cause, including material breach, non-payment, or illegal activity.

Upon termination, your right to access the Services ceases. We will make Your Data available for export for 30 days following termination, after which it may be deleted in accordance with our data retention policies.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved through binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

13. Changes to These Terms

We may update these Terms from time to time. We will provide at least 30 days' notice of material changes. Your continued use of the Services after such notice constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

14. Contact Us

For questions about these Terms, contact us at:

LabStream, Inc.
Email: legal@labstream.ai
Website: labstream.ai