Terms and Conditions

Binding Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you (the "User" or "Client") and Test Lab. By accessing our website, engaging with our services, or entering into any service agreement, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you do not agree with any part of these Terms and Conditions, you must immediately cease using our website and services. Your continued use of our services constitutes ongoing acceptance of these terms and any amendments we may make from time to time.

Important: These terms contain provisions that limit our liability and require dispute resolution through specific channels. Please read them carefully.

User Obligations and Conduct

1. Legal Compliance

You agree to comply with all applicable federal, state, local, and international laws, regulations, and ordinances when using our services. This includes but is not limited to:

Intellectual property laws and respect for copyright, trademark, and patent rights
Data protection and privacy regulations applicable in your jurisdiction
Export control laws if applicable to game content or materials
Consumer protection laws and fair trading practices
Anti-discrimination and employment laws if relevant to service engagement

2. Accuracy of Information

You represent and warrant that:

All information provided to Test Lab is accurate, complete, and current
You will promptly update any information that becomes inaccurate or outdated
You have the legal authority to provide game materials for testing
You possess all necessary rights and permissions for content submitted to us
Information provided does not violate third-party rights or applicable laws

3. Prohibited Conduct

You expressly agree not to engage in any of the following prohibited activities:

Using our services for any unlawful purpose or to violate any laws
Attempting to gain unauthorized access to our systems, networks, or data
Interfering with or disrupting the integrity or performance of our services
Transmitting viruses, malware, or other harmful code
Engaging in fraudulent activities or misrepresenting your identity
Harassing, threatening, or abusing Test Lab staff or other users
Attempting to reverse engineer, decompile, or extract our proprietary methods
Using automated systems to access our services without authorization

4. Content Guidelines and Restrictions

When submitting game materials or content for testing, you agree that such content:

Does not infringe upon intellectual property rights of third parties
Does not contain illegal, harmful, or offensive material
Complies with applicable content rating and classification standards
Does not violate privacy rights or contain unauthorized personal data
Meets technical specifications required for proper testing

5. Professional Conduct

You agree to maintain professional and respectful conduct in all communications with Test Lab. This includes providing clear project requirements, responding promptly to inquiries, and treating our staff with courtesy and respect.

User Responsibilities

1. Indemnification

You agree to indemnify, defend, and hold harmless Test Lab, its officers, directors, employees, contractors, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

Your violation of these Terms and Conditions
Your violation of any third-party rights, including intellectual property rights
Your violation of any applicable law or regulation
Content or materials you provide to us for testing
Your use or misuse of our services
Any negligent or wrongful conduct on your part

2. Privacy and Data Protection

You are responsible for:

Ensuring compliance with applicable data protection laws when providing information to us
Obtaining necessary consents if providing personal data of third parties
Understanding and accepting our Privacy Policy
Maintaining the security of your account credentials and access information

3. Third-Party Interactions

You acknowledge that Test Lab is not responsible for your interactions with third parties facilitated through our services. Any agreements, representations, warranties, or transactions with third parties are solely between you and such third parties.

Liability Limitations and Warranties

1. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, TEST LAB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability and fitness for a particular purpose
Warranties of non-infringement or title
Warranties regarding accuracy, reliability, or completeness of content
Warranties that services will be uninterrupted, secure, or error-free
Warranties that defects will be corrected or all issues identified

2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEST LAB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, or business opportunities
Loss of data or information
Business interruption or delay
Cost of substitute services or procurement
Damage to reputation or goodwill

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR SERVICES IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

3. Testing Limitations

You acknowledge and agree that:

Testing services identify issues present during the testing period but cannot guarantee identification of all potential defects
Test results reflect conditions during testing and may not predict all real-world scenarios
Testing scope is limited to agreed specifications and may not cover all possible use cases
Final game quality and success depend on many factors beyond our testing services
We are not responsible for issues arising after testing completion or from post-testing modifications

4. Consequential Damages Exclusion

Test Lab shall not be liable for any damages resulting from game launch failures, player dissatisfaction, venue rejection, lost sales, or any other consequential damages arising from or related to testing services provided.

5. Force Majeure

Test Lab shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, or failures of third-party services or infrastructure.

Legal Information and Dispute Resolution

1. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without giving effect to any principles of conflicts of law. You agree to submit to the personal and exclusive jurisdiction of the courts located in Columbus, Ohio.

2. Dispute Resolution Procedures

In the event of any dispute, claim, or controversy arising from or relating to these Terms and Conditions or our services:

You agree to first attempt informal resolution by contacting us directly
If informal resolution is unsuccessful within 30 days, either party may pursue formal dispute resolution
All disputes shall be resolved through binding arbitration or in the courts of Columbus, Ohio
Each party shall bear its own costs and legal fees unless otherwise awarded

3. Class Action Waiver

You agree that any dispute resolution proceedings shall be conducted only on an individual basis and not as a class action, consolidated action, or representative action. You waive the right to participate in a class action lawsuit or class-wide arbitration.

4. Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent, or if such modification is not possible, the provision shall be severed. All remaining provisions shall continue in full force and effect.

5. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Test Lab regarding the use of our services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

6. No Waiver

No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

Assignment and Transfer

You may not assign, transfer, or delegate these Terms and Conditions or your rights and obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision shall be null and void.

Test Lab may freely assign or transfer these terms and our rights and obligations, including in connection with a merger, acquisition, reorganization, or sale of assets, without your consent or notice.

Modification of Terms

Test Lab reserves the right to modify, amend, or update these Terms and Conditions at any time at our sole discretion. We will provide notice of material changes by updating the date at the top of this page and may provide additional notice through our website, email, or other communication channels.

Your continued use of our services following the posting of changes constitutes your acceptance of such changes. If you do not agree to the modified terms, you must discontinue use of our services immediately.

It is your responsibility to review these Terms and Conditions periodically for changes. We recommend checking this page regularly to stay informed of any updates.

Survival of Terms

Provisions of these Terms and Conditions that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution procedures.