Welcome to the Terms of Service (these "Terms") for the website superficiallabs.com (the "Website"), operated by Superficial Labs, Inc. ("Superficial Labs", "Company", "we", "our", or "us").
The Website, along with any content, tools, features, or functionality offered through it, are collectively referred to as the "Services".
These Terms govern your access to and use of the Services. Certain current or future products or services we offer may be subject to additional terms we may designate from time to time.
Please read these Terms carefully, as they contain important information about your legal rights. By accessing or using the Services, you agree to be bound by these Terms. If you do not understand or agree to these Terms, you must not use the Services.
For purposes of these Terms, "you" and "your" refer to the user of the Services. If you are accessing or using the Services on behalf of a company or other legal entity, then you represent and warrant that (a) you are authorised to bind that entity to these Terms, and (b) "you" refers to both you as an individual and the entity you represent.
SECTION 7 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY USING THE SERVICES, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND TO WAIVE PARTICIPATION IN CLASS ACTIONS. YOU MAY OPT OUT AS DESCRIBED IN SECTION 7.
1. Who May Use the Services
You must be 18 years or older to use the Services. By using the Services, you represent and warrant that you meet this requirement.
2. Privacy Notice
Our Privacy Notice describes how we collect, use, and handle information you provide when using the Services.
You may access our Privacy Notice at: [LINK TO PRIVACY NOTICE]
3. Rights We Grant You
3.1 Right to Use the Services
We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services for your personal, non-commercial use, subject to compliance with these Terms.
Access to the Services may be interrupted or limited from time to time for maintenance, updates, technical issues, or reasons we determine appropriate.
3.2 Restrictions on Use
Except where prohibited by law, you agree not to:
- Copy, distribute, modify, transmit, display, reproduce, publish, license, or create derivative works from the Services.
- Use or remove any trademarks, copyright notices, logos, or proprietary marks on the Services.
- Use the Services in a way that could disable, damage, or impair functionality or interfere with others' access.
- Attempt to gain unauthorised access to the Services or related systems.
- Circumvent or interfere with security features or content protections.
- Use automated tools (robots, scrapers, crawlers, spiders, etc.) to access or extract data.
- Introduce viruses, malware, or other harmful code.
- Post or transmit unlawful, abusive, harassing, hateful, pornographic, defamatory, or violent content.
- Violate any applicable laws or regulations.
- Use the Services in any way not expressly permitted by these Terms.
4. Ownership and Content
4.1 Ownership of the Services
All content, features, functionality, and "look and feel" of the Services (including text, graphics, images, software, and trademarks) are owned by Superficial Labs or its licensors and protected by intellectual property laws.
You agree not to take any action inconsistent with our ownership rights.
4.2 Trademarks
The trademarks, names, and logos of Superficial Labs are our property. Other marks displayed on the Services belong to their respective owners.
4.3 Feedback
If you submit feedback, suggestions, or ideas ("Feedback"), you agree that:
- Feedback becomes the exclusive property of Superficial Labs.
- We may use it without restriction.
- You will receive no compensation or rights to the Feedback.
You irrevocably assign all rights in your Feedback to Superficial Labs.
5. Third-Party Services and Materials
The Services may include links to or content from third parties ("Third-Party Materials").
We are not responsible for examining or evaluating such materials and do not warrant their accuracy, legality, quality, or safety.
Your use of Third-Party Materials is solely at your own risk.
6. Disclaimers, Limitations of Liability, and Indemnification
6.1 Disclaimers
Your use of the Services is at your own risk. The Services are provided "as is" and "as available", without warranties of any kind.
To the fullest extent permitted by law, Superficial Labs disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that:
- the Services will be accurate, complete, uninterrupted, or error-free;
- the Services will meet your requirements; or
- the Services are free of harmful components.
No advice or information you obtain from us creates any warranty not expressly stated in these Terms.
6.2 Limitations of Liability
To the maximum extent permitted by law:
- Superficial Labs will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, data loss, business interruption, or other losses arising from your use of the Services.
- Our total liability to you will not exceed $100 USD.
These limits apply even if a remedy fails of its essential purpose.
6.3 Indemnification
You agree to defend, indemnify, and hold harmless Superficial Labs from any claims, damages, losses, liabilities, or expenses arising out of:
- your breach of these Terms;
- your violation of laws or third-party rights;
- your misuse of the Services; or
- your negligence or misconduct.
We may assume exclusive defence and control of any matter subject to indemnification.
7. Arbitration and Class Action Waiver
7.1 Informal Process First
Before filing a claim, you agree to contact us at legal@superficiallabs.com and attempt in good faith to resolve the dispute informally within 30 days.
7.2 Arbitration Agreement
Any unresolved dispute will be settled by binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules.
- Arbitration will be conducted by a single arbitrator.
- The Federal Arbitration Act governs enforceability.
- The arbitration will proceed on an individual basis only.
You waive the right to trial by jury.
7.3 Class Action Waiver
To the maximum extent permitted by law, you agree not to participate in any class action, class arbitration, or representative action.
If this waiver is found unenforceable, the arbitration provision will not apply.
7.4 Opt-Out
You may opt out of arbitration by sending written notice to:
within 30 days of first agreeing to these Terms.
8. Additional Provisions
8.1 Updating These Terms
We may modify these Terms at any time. Updated Terms become effective upon posting. Continued use of the Services constitutes acceptance of the updated Terms.
8.2 Termination
If you breach these Terms, all rights and licences granted to you will terminate immediately.
Certain sections (e.g., disclaimers, liability limits, arbitration) survive termination.
8.3 Injunctive Relief
We may seek injunctive relief for any breach of these Terms without posting a bond.
8.4 International Users
The Services are operated from the United States and Australia. Users accessing the Services from outside these locations are responsible for compliance with local laws.
8.5 Governing Law
These Terms are governed by the laws of California, excluding conflict-of-law principles.
Disputes proceed in arbitration or, where arbitration does not apply, the courts of San Francisco, California.
9. Contact Us
If you have questions about the Services or these Terms, contact us at: