Terms of Service

1) Use of Services; Restrictions; Content

Customer's order of Services creates a binding commitment by Customer to purchase and pay for such Services. All orders are non-refundable and non-cancelable.

Customer may permit its contractors and employees ("Users") to access and use the Services in accordance with and subject to any restrictions set forth in these Terms. Customer is responsible for all access and use by all Users.

Subject to these Terms, Durability Labs hereby grants to Customer and its Users a limited, revocable, worldwide, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for Customer's own internal business purposes. Durability Labs will provide technical support for the Services. Customer is responsible for ensuring that Users' access credentials are kept confidential.

Customer is responsible for the accuracy, comprehensiveness and relevance of all content, data and information that it uploads into the Services ("Customer Content").

2) Confidentiality and Proprietary Rights

Each party understands that the other party has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business ("Confidential Information"). The Receiving Party agrees to take reasonable precautions to protect such information and not to use or divulge it to any third party.

Customer shall own all right, title and interest in and to the Customer Content and all intellectual property rights contained therein. Durability Labs shall own and retain all right, title and interest in and to the Services and all improvements and modifications thereto.

3) Credits and Payments

Customer may purchase credits ("Credits") as specified on the Order Site. Credits may be used to access and utilize the Services as described on the Order Site. Credits are non-refundable, non-transferable, and expire twelve (12) months from the date of purchase unless otherwise specified on the Order Site.

All Credit purchases are final and non-refundable. If Customer believes that Durability Labs has billed Customer incorrectly, Customer must contact Durability Labs no later than 30 days after purchase date.

Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on Durability Labs's net income. Credits expire as set forth above and no refunds will be provided for expired or unused Credits.

4) Term and Termination

These Terms apply for as long as Customer is using the Services. Durability Labs may suspend or terminate Customer's access and use of the Services if Customer or a User materially breaches these Terms or as may be necessary to preserve and protect Durability Labs and its business operations.

5) Warranty and Disclaimer

Each party represents and warrants that it will comply with all applicable laws in its performance of obligations under these Terms.

The Services include and operate using artificial intelligence technologies ("AI Technologies"). Customer acknowledges that AI Technologies may make mistakes, and that Customer should review and confirm any and all outputs before using, relying upon, distributing or publishing any such outputs.

DURABILITY LABS DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND DURABILITY LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

6) Limitations on Liability

EXCEPT FOR BODILY INJURY OF A PERSON, DURABILITY LABS AND ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY CUSTOMER TO DURABILITY LABS FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.

7) Miscellaneous

These Terms shall be governed by the laws of the State of Texas without regard to its conflict of laws rules. The exclusive venue and jurisdiction for any disputes shall be the state or federal courts located in Austin, Texas.

The parties are independent contractors with respect to each other, and nothing in these Terms shall be construed as creating an employer-employee relationship, a partnership or a joint venture between the parties.

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements or communications.

Contact Us

Email: operations@durabilitylabs.com

Address: 2110 Ranch Road 620 S #340507, Austin, TX 78734