Terms of Service

These Terms of Service ("Terms") are an agreement between Service Labs Group ("we", "us") and the company that uses Service Labs ("your company", "you"). Service Labs is provided by Service Labs Group for the program that invited your company ("the program").

1. Agreeing to these Terms

By creating an account, signing in, or using Service Labs, you agree to these Terms on behalf of your company, and you confirm that you have the authority to do so. If you don't agree, don't use Service Labs.

Everyone who uses Service Labs for your company, including employees and outside people your company gives access to (such as a marketing agency or web designer), must agree to these Terms. Your company is responsible for what they do in Service Labs.

2. Accounts and users

Each person signs in with their own email address. Don't share sign-in links. Your company may ask us to add or remove users at any time through Contact us. Tell us right away if you think someone has used your account without permission.

3. What Service Labs provides

Service Labs gives your company access to a library of content (such as animated explainers, videos, page content, email blocks and social posts), and lets you add your company's details, such as your logo, phone number and links. We may add, change or remove content and features over time. [TBD: whether removing content a company is actively using needs notice; recommended: 30 days' notice by email before content in your collection is withdrawn, except for content withdrawn because it is inaccurate.]

4. Plans and billing

[TBD: plans, prices and what each includes. Recommended structure, from the pilot plan's direction: plans such as Starter (web player and email assets) and Essentials (Starter plus videos for more uses), with limits shown on your plan page.]

• Billing: plans are billed in advance, monthly or annually, to the payment method on file. [TBD: payment provider; recommended: Stripe.]
• Annual plans: annual plans are discounted against twelve monthly payments. [TBD: the discount.]
• Discount codes and promotional offers: a code or offer applies only as stated when it is given, can't be combined with other offers unless it says so, has no cash value, and may end at the date stated. When a promotional price ends, the plan renews at the regular price.
• Renewal: plans renew automatically at the end of each billing period until cancelled.
• Taxes: prices don't include taxes, which are added where required.
• Failed payments: if a payment fails, we'll email you. If it still isn't paid after [TBD: recommended 14] days, we may pause your company's access, including the players on your website, until it is paid.
• Refunds: monthly plans aren't refunded for partial months. Annual plans can be refunded in full within 14 days of purchase or renewal, and not after. We refund any charge made in error.
• The pilot: companies in the program's pilot use Service Labs without charge for the pilot period. [TBD: the pilot's terms with the program.]

5. Changing or cancelling your plan

• Upgrading: an upgrade starts at once. You pay the difference for the rest of the current billing period. [TBD: prorated, recommended.]
• Downgrading: a downgrade starts at the end of the current billing period. If your collection is over the new plan's limit then, content above the limit is removed from your collection, starting with the most recently added, and its players stop showing, unless you choose what to keep before the change.
• Cancelling: you can cancel at any time. The cancellation takes effect at the end of the current billing period, and your plan keeps working until then.
• Plan limits: each plan has limits, such as how much content your collection can hold and how many videos you can make. Limits are shown on your plan page. Limits that count use over time reset at the start of each billing period. Daily limits, such as video requests, count the last 24 hours.

6. What happens after your plan ends

• Web players stop. Players on your website, and the pages your email blocks and posts link to, are available only while your company has an active plan. When the plan ends, they stop showing. This includes custom content made for your company, even if your company paid extra for it.
• Downloaded files can keep being used. Videos you downloaded, and page content, email blocks and post text you copied, may continue to be used for your company's own marketing after your plan ends, under the license in section 7.
• Your account information is kept and deleted as described in the Privacy statement.

7. Ownership and use of content

• Our content and the program's content. The content in Service Labs belongs to Service Labs Group or to the program that supplies it, which may own the copyright in some content. Some content may carry a copyright notice. Nothing in these Terms transfers ownership to your company.
• Your license. While your plan is active, your company may use the content in your collection to market your company's own products and services, in the formats Service Labs provides. The license is limited to your company: you may not share, sell, sublicense or provide the content to anyone else, including other companies in the program, except your own agency or web designer acting for your company.
• After your plan ends. Your company may keep using files it downloaded or copied during the plan, for its own marketing, as long as you follow sections 8 to 10. [TBD: whether this continuing license has an end date; recommended: none for files downloaded while the plan was active, and no new downloads after it ends.]
• Your company's materials. Your logo, company details and anything else you add stay your company's. You give us permission to use them to provide Service Labs to you, such as showing your logo on your players and videos.
• Feedback. If you send us ideas or suggestions, we may use them without owing you anything.

8. How you may not use Service Labs

You may not:

• change the player's code, or show Service Labs content on a website in any way other than through the code Service Labs gives you;
• load, download, save, copy or keep content directly from our servers or content network, outside the downloads and copy buttons Service Labs provides;
• copy, recreate, reverse engineer or generate the web players or their content outside Service Labs;
• remove or change copyright notices, sources or credits in the content;
• use the content in a way that is false or misleading, or that breaks any law or regulation where your company uses it;
• use Service Labs to send spam, or to harm us, the program, other companies or anyone else;
• try to get into parts of Service Labs, or other companies' accounts, that you don't have access to;
• resell Service Labs or provide it to anyone outside your company.

We may suspend access for a breach of this section, as described in section 14.

9. Your company's responsibilities

• Outside Service Labs. Your company is responsible for everything outside Service Labs: adding and removing player code on your websites, keeping page content you added to your website up to date, videos and posts you published on other sites, and email you sent.
• Your details and customizations. Your company is responsible for what it enters in Service Labs, such as button text, links, phone numbers, offers and any other wording. We are not responsible for entries that are wrong (for example, a $1,000 discount typed instead of $100, or a broken link that makes a button not work), misleading (for example, a false claim about a product or service), or against the law where your company uses the content.
• Reviewing content before you use it. Your company must review all content carefully before using it, to make sure it is accurate for your company, fits how your company works and the products and services it offers, and meets the laws and regulations where your company uses it.

10. Accuracy and errors

We work to make the content accurate, and the facts in each piece of content come with their sources. But we can't promise that every piece of content is complete, current or right for your company or your area. If you find an error in our content, you agree to tell us at once through Contact us, and to stop using the content, and remove it from wherever your company has used it, until we have corrected it. Errors in changes your company made are your company's to fix.

11. Availability

We aim to keep Service Labs, and the players on your website, available at all times, but we don't promise that they will be. Service Labs may be unavailable during maintenance and upgrades, which we schedule where possible between 12:00 a.m. and 2:00 a.m. Mountain Time in the early hours of Sunday through Thursday. Players on your website keep playing while Service Labs itself is down for maintenance. We are not responsible for interruptions caused by events beyond our reasonable control, such as outages of the internet or of our service providers, natural disasters, fire, flood, war, government action or other acts of God. [TBD: any uptime commitment; recommended: none during the pilot.]

12. Disclaimers

Except as stated in these Terms, Service Labs and its content are provided "as is" and "as available", without warranties of any kind, including warranties that the content is fit for a particular purpose. [TBD: legal review of this section's wording.]

13. Limitation of liability

To the extent the law allows, Service Labs Group is not responsible for any indirect, incidental or consequential losses, or for lost profits, revenue or data, arising from the use of Service Labs or its content, including losses caused by inaccurate content. Our total responsibility for any claim is limited to the amount your company paid us for Service Labs in the 12 months before the claim. [TBD: legal review; the cap during a free pilot.]

14. Indemnification

Your company agrees to defend and compensate Service Labs Group and the program for claims, losses and costs (including reasonable legal fees) that arise from your company's use of Service Labs or its content, the details and changes your company entered, your company's breach of these Terms, or your company's breach of any law. [TBD: legal review.]

15. Suspension and ending this agreement

We may suspend or end your company's access if your company breaks these Terms, doesn't pay, or uses Service Labs in a way that could harm others. Where we can, we'll tell you first and give you a chance to fix it. Your company can end this agreement by cancelling its plan. Sections 6, 7, 9, 10 and 12 to 17 continue after the agreement ends.

16. Changes to these Terms

We may change these Terms. The date at the top shows the latest version. When a change matters, we'll tell you by email, and you'll be asked to agree to the new Terms the next time you sign in.

17. Governing law

These Terms are governed by the laws of the State of Colorado, United States. [TBD: legal review of governing law and where disputes are heard, and whether Canadian and Australian companies need different wording.]

18. Contact

Service Labs Group, 6412 Jackpine Dr, Bellvue, CO 80512, United States. Questions about these Terms: legal@servicelabsgroup.com, or Contact us when you are signed in.