These Terms of Service ("Terms") govern your access to and use of the website, client portal, and services provided by iOLab Digital("iOLab," "we," "us," or "our"). By accessing our website or engaging our services, you agree to these Terms. If you do not agree, please do not use our website or services.
1. Services
iOLab provides custom software development (including CRM, web, and mobile applications), AI automation, and digital marketing services. The specific scope, deliverables, timeline, and fees for any engagement are defined in a separate written proposal, estimate, or statement of work ("SOW") that you approve. Where a signed proposal or SOW conflicts with these Terms, the proposal or SOW governs for that engagement.
2. Proposals, Estimates & Payment
- Proposals and estimates are valid for the period stated and may be revised if scope changes.
- Unless stated otherwise, projects require an upfront deposit before work begins, with remaining amounts invoiced per the agreed schedule.
- Invoices are due by the date shown. Late or unpaid invoices may pause work and, where stated, accrue late fees.
- Recurring plans (e.g., hosting, support, maintenance) bill on the stated cadence until cancelled per their terms.
- Fees are non-refundable except as expressly stated in a proposal or required by law.
3. Client Responsibilities
You agree to provide timely access to information, content, accounts, and approvals reasonably needed to deliver the services, and that materials you provide do not infringe the rights of others or violate any law.
4. Intellectual Property & Ownership
Upon full payment for an engagement, you own the custom deliverables we create specifically for you under that engagement, as described in the applicable proposal or SOW. We retain ownership of our pre-existing tools, frameworks, libraries, and know-how, and grant you a license to use them as incorporated into your deliverables. Third-party and open-source components remain subject to their own licenses. We may reference completed work in our portfolio unless you request otherwise in writing.
5. Acceptable Use
You agree not to misuse our website or portal, including by attempting to gain unauthorized access, disrupting the service, uploading malicious code, or using the services for unlawful purposes.
6. Confidentiality
Each party will protect the other's non-public information shared during an engagement and use it only to perform or receive the services, except where disclosure is required by law.
7. Warranties & Disclaimers
We perform services in a professional and workmanlike manner. Except as expressly stated in a proposal or SOW, our website and services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
8. Limitation of Liability
To the maximum extent permitted by law, iOLab Digital will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Our total liability arising out of or relating to the services will not exceed the amount you paid to us for the specific engagement giving rise to the claim.
9. Termination
Either party may terminate an engagement as set out in the applicable proposal or SOW. Upon termination, you agree to pay for all work performed and approved through the termination date. Sections intended to survive (e.g., payment, IP, confidentiality, disclaimers, and limitation of liability) continue after termination.
10. Third-Party Services
Our services may rely on or integrate third-party providers (e.g., payment processing, hosting, email). Your use of those services may be subject to their terms, and we are not responsible for their acts or omissions.
11. Governing Law
These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. The exclusive venue for disputes is the state and federal courts located in New Jersey.
12. Changes to These Terms
We may update these Terms from time to time. The revised version will be posted here with an updated "Last updated" date and applies to use of the website and services after that date.
13. Contact
Questions about these Terms? Contact iOLab Digital at [email protected], (609) 200-1127, or via our support page. iOLab Digital is based in Medford, New Jersey.
See also our Privacy Policy.