Terms of Service

1. Definitions

Wherever the Terms refer to:

• Service – the LabCalibrate.com online platform available at labcalibrate.com
• Services – the provision by Us of electronic services consisting of making available a tool for tracking laboratory instrument calibrations
• User – a natural person, legal person, or organisational unit without legal personality that uses the Service
• Consumer – a User who is a natural person acquiring goods or services wholly or predominantly for personal, domestic, or household use or consumption
• We/Us/Our – Ivan Menshykov, sole trader registered in Poland, European Union, with registered address at: Starowiejska str. 16/2, 81-356 Gdynia, Poland
• Terms – these Terms of Service
• Business day – a day from Monday to Friday excluding Polish public holidays

2. General Provisions

These Terms specify the rules for providing electronic services by Us and the conditions for using the Service by Users.

The Service is available at: labcalibrate.com

We reserve the right to introduce changes to the Terms. Changes enter into force after 14 days from their announcement, unless the change concerns price modification, which enters into force after 30 days. Users will be informed of changes by email.

Changes to the Terms may not adversely affect rights acquired by Users before the changes enter into force.

3. Technical Requirements

To use the Service, the following are required:

• A device with Internet access
• A web browser supporting JavaScript and cookies
• An active email account

We note that using the Service on mobile devices may involve additional fees related to data transmission charged by your mobile network provider.

4. Scope of Service

Within the Service, We provide the following services:

• Maintaining a database of laboratory instruments
• Tracking calibration deadlines
• Generating reminders about upcoming calibrations
• Storing calibration documents
• Generating reports and data exports
• Managing user access

The Service is provided in SaaS (Software as a Service) mode and requires Internet access.

5. Registration and Account

Registration in the Service is voluntary and free. Users may also use a trial period according to the current offer.

Registration requires providing:

• Email address
• Password
• Company/laboratory name (optional)

The User undertakes to:

• Provide true and current data
• Not share account access with third parties
• Immediately notify Us of unauthorised access

6. Fees and Trial Period

The Service offers a 14-day free trial period. After the trial ends, the User may purchase a subscription.

Detailed information about prices and subscription plans is available at labcalibrate.com in the Pricing section.

All prices are in Australian Dollars (AUD). Taxes may apply depending on your jurisdiction. You are responsible for local taxes.

Fees are charged monthly or annually in advance, depending on the selected plan.

Payments are made electronically via a payment provider.

7. Service Scope and Disclaimer

Service is record-keeping / workflow support only. The Service is NOT a calibration laboratory service and does not perform calibrations.

The User is responsible for:

• Accuracy of all data entered into the Service
• Compliance with their own accreditation, audit, and regulatory requirements
• Verifying that the Service meets their specific needs

No guarantees of audit outcomes. Use of the Service does not guarantee passing any audit, accreditation, or compliance assessment.

Service availability is best-effort. We strive for high uptime but do not guarantee uninterrupted operation. No specific service level agreement (SLA) is provided unless explicitly agreed in a separate written contract.

8. Consumer Rights and Business Use

Important Note: This Service is intended for business and professional use. If you are using the Service to track calibrations for a laboratory, research facility, or any commercial operation, you are NOT a Consumer and the consumer protection provisions below do not apply to you. Most laboratory users qualify as business users, not consumers.

If you are a Consumer (using the Service primarily for personal, domestic, or household purposes rather than for any business), you may have additional rights under applicable consumer protection laws in your jurisdiction that cannot be excluded, restricted, or modified.

For EU Consumers, you have rights under EU consumer protection laws, including:

• Right to withdraw from the contract within 14 days (for digital services, this right may be lost once the service has been fully provided with your consent)
• Right to goods and services that are of satisfactory quality, fit for purpose, and as described
• Right to repair or replacement for defective digital services

9. Complaint Procedure

The User has the right to lodge complaints regarding the provision of Services.

A complaint should include:

• First and last name (or company name)
• Email address
• Subject of the complaint
• Circumstances justifying the complaint
• User's request

A complaint may be lodged using the form on the main page to contact us.

We will consider the complaint within 30 days from its receipt.

The response to the complaint is sent to the email address provided in the complaint.

If the complaint is not resolved to your satisfaction, you may refer the matter to the:

• Polish Consumer Competition and Consumer Protection Authority (UOKiK)
• EU Online Dispute Resolution platform: http://ec.europa.eu/odr
• Your local consumer protection authority (for non-EU users)

10. Liability

We undertake to provide Services with due care and skill.

To the extent permitted by law, We are not liable for:

• Service interruptions resulting from technical reasons on the part of Internet providers
• Damage resulting from improper use of the Service by the User
• Damage resulting from the User providing false or outdated data
• Loss of data caused by User actions or force majeure
• Indirect or consequential damages

We will make every reasonable effort for the Service to operate without interruptions, but do not guarantee uninterrupted operation.

Nothing in these Terms limits or excludes Our liability for death or personal injury resulting from negligence, or any other liability that cannot be limited or excluded under applicable law.

11. Data and Its Processing

The User bears sole responsibility for data entered into the Service, in particular for:

• Truthfulness and currency of data
• Holding rights to enter data
• Compliance of processing with applicable regulations

Details of personal data handling are specified in the Privacy Policy available at labcalibrate.com/privacy_en.html

12. Intellectual Property

All rights to the Service, including copyright, trademarks, databases, belong to Us or third parties.

The User has no rights to the Service other than the right to use it in accordance with the Terms.

Copying, modifying, or distributing Service content is prohibited without Our explicit consent.

13. Contract Termination

The User may terminate the contract at any time by:

• Deleting the account in the Service settings
• Using the form on the main page to send a statement of contract termination

We may terminate the contract with a 30-day notice period, unless the User grossly violates the Terms – in such case the contract may be terminated immediately.

Gross violation of the Terms includes in particular:

• Actions to the detriment of Us or other Users
• Attempts to bypass Service security
• Sending illegal content or content infringing third-party rights

After contract termination, the User has the right to export their data within 30 days.

14. Final Provisions

For matters not regulated by these Terms, the following provisions apply:

• EU consumer protection directives and regulations
• Polish Civil Code (Kodeks Cywilny)
• Polish Act on Providing Electronic Services (Ustawa o świadczeniu usług drogą elektroniczną)
• General Data Protection Regulation (GDPR) and Polish data protection laws

These Terms are governed by the laws of Poland, European Union. You submit to the non-exclusive jurisdiction of the courts of Poland. For EU consumers, you may also have recourse to courts in your country of residence for consumer disputes.

All changes to the Terms will be published on the Service website and sent to Users at the email address provided during registration.