Terms of Use

Effective Date: April 17, 2026

1. Introduction; Definitions

These Terms of Use ("Terms") govern your access to and use of the LabGiant websites, applications, marketplace, and related services (collectively, the "Services"). "LabGiant," "we," "us," and "our" refer to LabGéant Inc. (English version: LabGiant Inc.), a corporation organized under the Business Corporations Act (Quebec), CQLR c. S 31.1, the operator of the Services. Both names refer to the same legal entity. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

The Services include: (a) a marketplace that enables laboratories and other providers ("Sellers") to list and offer equipment, reagents, digital goods, and services to buyers ("Buyers"); (b) AI-powered features; and (c) community and content-sharing functionality. We may update the Services at any time.

As used in these Terms, "Listings" are offers posted by Sellers; "Transactions" are purchases or bookings between Buyers and Sellers; and "Content" means any text, images, data, reviews, or other materials posted or transmitted on or through the Services by any party.

For purposes of these Terms, "Business Day" means a day other than a Saturday, Sunday, or statutory holiday in the Province of Quebec.

2. Eligibility; Accounts; Your Responsibilities

  • The Services are provided exclusively for business and institutional use. By using the Services, you represent and warrant that you are acting for business purposes and have authority to bind your organization.
  • You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services.
  • You are responsible for your account credentials and all activity under your account.
  • You must provide accurate, complete information and keep it updated.
  • We may suspend or terminate accounts for violations of these Terms or applicable law.

For capital equipment or services requiring installation or commissioning, the inspection and acceptance period is 15 to 30 Business Days after installation and initial training.

3. Verification; Compliance; Independent Providers

  • We may (but are not obligated to) require identity or institutional verification, proof of authorizations, licenses, certifications, or insurance. You authorize us and our vendors to conduct such verification, subject to our Privacy Policy.
  • Sellers and service providers are independent third parties and are not employees, agents, joint venturers, or partners of LabGiant. We do not supervise, direct, control, or accept responsibility for Sellers' work, premises, equipment, or safety practices.
  • You are solely responsible for complying with institutional policies and all applicable laws, rules, and regulations (including biosafety, chemical handling, export controls, import restrictions, sanctions, and health and safety laws).

We offer an institutional addendum for public institutions and core facilities covering confidentiality, data protection, security, and procurement requirements. Please contact [email protected] to obtain a copy or to discuss required terms. We will work in good faith to accommodate reasonable institutional policies.

4. Our Role; No Professional Advice

LabGiant is a platform provider. We do not own, create, manufacture, store, inspect, or control the items or services Sellers list. We are not a party to any contract between Buyers and Sellers and do not guarantee listings, performance, safety, or compliance. LabGiant does not provide scientific, medical, legal, or regulatory advice. Content on the Services is for informational purposes only.

We reserve the right, but have no obligation, to monitor, screen, or moderate Listings, reviews, messages, or other Content, and to remove or disable access to Content that we consider objectionable, unlawful, or in violation of these Terms.

5. User Content and Conduct

You may post content including lab updates, listings, and other materials ("User Content"). You retain ownership of your User Content. You grant LabGiant a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content solely to operate, maintain, secure, and improve the Services. We will not use your non-public User Content for marketing or public promotion without your prior written consent.

You represent and warrant that you have all rights necessary to post User Content and that your User Content does not infringe, misappropriate, or violate any third-party rights or applicable law. We may remove or disable access to content that violates these Terms or our policies.

5.1 Feedback

If you submit ideas, suggestions, or feedback ("Feedback"), you grant LabGiant a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and exploit the Feedback for any purpose without restriction or attribution. Feedback is not confidential.

5.2 Prohibited Content and Activities

  • Items and activities prohibited by law or our policies, including without limitation: select agents and toxins; BSL-3 or BSL-4 organisms or materials; radioactive sources and regulated isotopes; prescription drugs; narcotics and precursors; DEA or equivalent controlled chemicals without permits; counterfeit or misbranded goods; stolen property; controlled human tissue or clinical samples without approvals; medical devices lacking required authorization; and any item restricted by IATA/ICAO, DOT/TDG, WHMIS, or similar rules.
  • Listings that are hazardous, non-compliant, or misleading.
  • Scraping, hacking, reverse engineering, circumvention of security, or unauthorized data collection.
  • Interference with the Services or other users.
  • Firearms, ammunition, explosives, and explosive precursors.

Prohibited items and activities are further described in our Prohibited Items Policy (available on request at [email protected]).

5.3 Moral Rights Waiver

To the extent permitted by law, you waive and agree not to assert any moral rights (including rights of attribution and integrity) you may have in your User Content solely to the extent necessary for LabGiant to exercise the license granted in this Section 5 and to operate the Services. Nothing in this Section limits your moral rights beyond what is necessary to enable the foregoing.

5.4 Institutional Data and Confidentiality

We do not claim ownership of your research data or proprietary institutional information. Except as expressly permitted in these Terms, we will not disclose your non-public institutional data to third parties for marketing purposes without your consent.

We will treat non-public information that you submit to us outside of public areas of the Services (for example, through support channels or private account settings) as confidential and use it only to provide the Services or as required by law. "Confidential Information" does not include information that is or becomes public through no fault of the receiving party, was already known to the receiving party, was independently developed without use of the disclosing party's information, or was lawfully received from a third party.

6. AI Features and Data Use

Our AI-powered tools (including chat and recommendations) may process inputs and generate outputs to assist your research. Inputs and outputs may be stored to improve the Services and to allow you to revisit prior interactions. We do not use your data to train third-party foundation models for their own use without your consent. Some AI features are powered by third-party providers such as OpenAI GPT and Google Gemini who process data under their own terms; where contractually available, we disable provider-side training and otherwise obtain consent or provide disclosure consistent with our Privacy Policy.

6.1 AI Limitations

AI outputs may be inaccurate or incomplete and should not be relied upon as scientific, medical, legal, or safety advice. You are solely responsible for validating outputs and for any decisions or actions taken based on them.

Subject to these Terms, we grant you a non-exclusive license to use AI outputs for your business purposes. Outputs may be similar to content generated for others. We do not guarantee outputs are free of third-party rights, unique, or accurate, and we make no warranty of non-infringement. Safety filters may block or redact inputs or outputs to comply with our policies and applicable law.

6.2 Enterprise Controls and Opt-Out

Organizational accounts may request enterprise controls, including configuration of data retention and deletion for AI logs, routing processing through selected providers with provider-side training disabled, audit logs, and data residency options. Unless you request otherwise, we may use de-identified and aggregated telemetry to improve the Services. Contact [email protected] to enable these options.

7. Marketplace Listings; Seller and Buyer Obligations

7.1 Listings and Compliance

  • Sellers must provide accurate, non-misleading descriptions and comply with all applicable laws and institutional policies (including biosafety, chemical handling, export controls, and import regulations).
  • Prohibited listings include illegal, hazardous, or unethical materials or services.
  • Buyers are responsible for verifying suitability, safety, certifications, and compliance for their intended use.
  • Used equipment must be decontaminated and accompanied by a written decontamination certificate. Devices with storage media must be data-wiped to industry standards and, where applicable, accompanied by a data-wipe certificate.
  • Chemicals must include a Safety Data Sheet (SDS). Biological materials that require MTAs, ethics approvals, or permits may not be listed or transferred without proof of authorization.
  • Sellers are responsible for export classification and destination screening and must use compliant packaging and carriers. No shipment of select agents, controlled human materials, radioactive sources, or other controlled goods may occur without proof of authorization and compliant packaging and carrier selection.
  • For services performed on Buyer premises, Sellers must maintain and provide proof of institutional or other required approvals upon request.

Listings that require SDS, MTAs, ethics approvals, biosafety permits, export licenses, or similar authorizations are subject to compliance gating in the product and may not be shipped or performed until required documentation is uploaded and verified.

Seller Warranties. Sellers represent and warrant that they have full right to list and transfer items and services and (for goods) good and marketable title to such items; items are free and clear of liens and encumbrances unless expressly disclosed in the Listing; descriptions are accurate and not misleading; and items and services comply with applicable laws, permits, and standards.

Platform Enforcement. We may remove, suspend, or refuse any Listing or Transaction and may limit or suspend account access to protect users, ensure legal compliance, or manage risk.

Audit; Attestations. We may request documentation or attestations of compliance with this Section 7 (including decontamination, SDS, permits, and approvals) and may audit on reasonable notice to verify compliance.

7.2 Transactions; Formation; Pricing & Errors

  • Transactions are solely between Buyers and Sellers. LabGiant is not a seller or merchant of record, does not take title, and does not guarantee delivery, quality, performance, or compliance.
  • Disputes, returns, refunds, warranties, and service levels are between Buyers and Sellers unless we expressly state otherwise.
  • Listings, pricing, availability, images, specifications, and lead times are provided by Sellers and may contain errors. We may correct errors or update information at any time. A posted listing does not obligate fulfillment until confirmed by the Seller.
  • Errors; Cancellation. If a Listing contains an obvious error (including pricing or availability) that materially affects the Transaction, the Seller may cancel before shipment or performance and will promptly refund any amounts you paid for that Transaction.
  • Taxes, duties, and regulatory fees are your responsibility unless a Seller explicitly states otherwise in a Listing.

7.3 Insurance; Safety; On-Premises Work

(a) Higher-risk activities. Sellers who (i) perform any on-premises activities for a Buyer, including installation, calibration, maintenance, or training, or (ii) supply powered equipment, pressure or vacuum systems, temperature-control devices, lasers or radiation sources, hazardous chemicals as classified by applicable law, or biological materials other than BSL-1 exempt, must maintain at their expense commercial general liability and, if applicable, product liability insurance with limits not less than USD/CAD 1,000,000 per occurrence. For on-premises activities, and where feasible and permitted by law and institutional policy, Sellers will use commercially reasonable efforts to name LabGiant and, if requested, the Buyer as additional insureds on a primary, non-contributory basis. Upon request, Sellers will provide reasonable evidence of coverage (which may be redacted) within five Business Days.

(b) Micro-seller safe harbor. The insurance requirement in 7.3(a) does not apply if all of the following are true: (1) the Seller performs no on-premises activities, (2) Listings are limited to low-risk items such as unpowered labware, non-hazardous consumables, documentation, software, or digital goods, and (3) the Seller's aggregate gross sales through the Services are under USD/CAD 10,000 in the preceding 12 months. LabGiant may withdraw this safe harbor upon notice if a Seller's risk profile changes.

(c) Institutional coverage. If the Seller is an academic or public institution that is self-insured or prohibited from naming additional insureds, a certificate of insurance or letter of self-insurance from the institution satisfies 7.3(a).

7.4 Reviews and Ratings

  • We may enable reviews or ratings. You agree to provide truthful, non-defamatory reviews. We may remove reviews that violate these Terms or applicable law.
  • Institutional accounts may disable public reviews and control public visibility of their facility pages.

8. Payments, Fees, and Taxes

At this time, on-platform checkout for Listings is not enabled. Payments you make through the Services are limited to payments to LabGiant (for example, subscriptions or platform fees) and are processed by Stripe under its terms. For Listings between Buyers and Sellers, any payment currently occurs off-platform directly between the parties. In the future, we may enable on-platform checkout and payouts; if and when enabled, additional or updated terms will apply and we will provide notice as required by law.

  • Institutional customers may use purchase orders with net-30 or net-45 terms and provide tax‑exempt certificates where applicable. Where procurement policy mandates off-platform invoicing or payment, we will support those flows.
  • Payments are processed by third-party processors (e.g., Stripe) under their terms. We do not control and are not liable for third-party payment services.
  • The payment processor is an intended third-party beneficiary of this Section 8 and may enforce it.
  • You authorize charges for purchases of LabGiant offerings, fees, taxes, and applicable surcharges. Amounts may include platform or service fees.
  • For off-platform Transactions between Buyers and Sellers, taxes and invoicing are handled directly between the parties.
  • If and when on-platform checkout is enabled, Sellers will be responsible for tax configuration unless applicable law designates LabGiant as a marketplace facilitator, in which case we may collect, calculate, and remit certain transaction taxes on Seller behalf where required by law.
  • When on-platform payouts are enabled, payouts will be made on the schedule shown in the Seller dashboard and may be subject to fees as described in the fee schedule referenced in your Seller account. LabGiant may delay, reverse, or withhold payouts if we suspect fraud, illegal activity, policy violations, returns, or chargeback risk.
  • Fees. We may change platform fees and charges with at least 30 days' notice for paid organizational accounts (and otherwise with notice as required by law). Platform fees are non-refundable except where required by law or expressly stated otherwise.
  • We will not change platform fees for a LabGiant purchase after purchase confirmation.
  • You authorize LabGiant to deduct or set off from Seller payouts any amounts owed to LabGiant, including fees, taxes, refunds, chargebacks, adjustments, penalties, reserves, or negative balances, and to recover any negative balance from future payouts or a payment method on file.
  • Chargebacks. You authorize us and our payment processor to submit evidence, respond to inquiries, and otherwise act on your behalf in connection with chargebacks or payment disputes related to Transactions on the Services.
  • If and when on-platform payouts are enabled, Sellers agree to the applicable payment processor's terms (for example, the Stripe Connected Account Agreement) and authorize LabGiant to share Seller information with the processor for onboarding, compliance, and payouts.
  • If and when on-platform checkout is enabled, Sellers are solely responsible for the accuracy of any tax categories, rates, exemptions, and nexus they configure and for any resulting assessments, except to the extent LabGiant is required by law to act as a marketplace facilitator.
  • For off-platform Transactions, Sellers are responsible for issuing compliant tax invoices to Buyers. If and when on-platform invoicing tools are provided, Sellers remain responsible for any required disclosures on such invoices.

9. Shipping, Fulfillment, Cancellations, and Returns

  • Shipping, delivery dates, and fulfillment are the responsibility of Sellers.
  • Risk of loss passes from Seller to Buyer as set forth by applicable law or as agreed between the parties.
  • Return, refund, and cancellation policies are set by Sellers unless otherwise stated. Please review a listing's policy before purchasing.
  • Unless a Listing states otherwise, title and risk of loss transfer upon delivery to the carrier at Seller's ship-from location (Incoterms 2020 FCA Seller's facility).
  • Buyer must inspect within 5 Business Days of delivery and notify Seller of any nonconformity with reasonable detail. Failure to notify within that period constitutes acceptance, without prejudice to any applicable warranty rights.

10. Safety; Equipment and Laboratory Use

You acknowledge that research activities, laboratory operations, and the use of equipment involve inherent risks, including property damage, contamination, injury, illness, or death. You are solely responsible for ensuring appropriate training, certifications, supervision, safety protocols, inspections, maintenance, and compliance with all applicable laws and institutional policies.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LABGIANT DISCLAIMS ALL LIABILITY FOR ANY DAMAGE TO EQUIPMENT, FACILITIES, OR OTHER PROPERTY; PERSONAL INJURY; ILLNESS; OR DEATH ARISING OUT OF OR RELATED TO YOUR ACTIVITIES, YOUR PREMISES OR THIRD-PARTY PREMISES, THE CONDITION OR USE OF EQUIPMENT OR MATERIALS, OR YOUR INTERACTIONS WITH OTHER USERS OR THIRD PARTIES. YOU ASSUME ALL RISKS AND ARE SOLELY RESPONSIBLE FOR THE CONSEQUENCES OF YOUR USE OF THE SERVICES AND ANY ITEMS OR SERVICES OBTAINED THROUGH THE SERVICES, INCLUDING COMPLIANCE WITH ALL SAFETY AND REGULATORY REQUIREMENTS, CALIBRATION, MAINTENANCE, AND PROPER OPERATION OF ANY EQUIPMENT.

11. Partnership Pricing, Early Deals and Feedback Program

If you participate in any early access, beta, partnership pricing, promotional pricing, or "early deals" program (collectively, the "Early Deals Program"):

  • You agree that we may contact you for product feedback, testimonials, and case studies.
  • You grant us the right to collect, analyze, and use telemetry and usage metrics (in de-identified and aggregated form where feasible, and in accordance with our Privacy Policy) to improve the Services, measure performance, debug issues, and enhance user experience.
  • Participation in feedback outreach is optional. You may opt out at any time. Partnership and introductory/promo pricing are not price locks. We intend to maintain partnership pricing while the partnership remains active and service remains economically sustainable (not loss‑making). If a change becomes necessary, we will provide reasonable notice; you may cancel prior to its effective date.
  • You grant LabGiant a perpetual, worldwide, royalty-free license to use your Feedback for product development, marketing claims (with your consent where required), and case studies.
  • Features may evolve over time; partnership and promotional pricing reflect discounts relative to standard rates and are not price locks. We intend to maintain partnership pricing while the partnership remains active and the service remains economically sustainable (not loss‑making). If a change becomes necessary, we will provide reasonable notice; you may cancel prior to the effective date.

For California residents, please see our Notice of Financial Incentive in the Privacy Policy.

12. Privacy

Our Privacy Policy explains how we collect, use, and share information, including for AI features and the Early Deals Program. By using the Services, you acknowledge our data practices as described there. We strive to comply with applicable data protection laws (including GDPR and PIPEDA, where applicable). Where we process personal information on behalf of Sellers, a Data Processing Addendum is available upon request and applies to that processing.

13. Intellectual Property; DMCA

  • The Services and all related content, trademarks, logos, and software are owned by or licensed to LabGiant and protected by law.
  • DMCA Notices. Designated Agent: LabGéant Inc. (English version: LabGiant Inc.). Email: [email protected]. Include: your physical or electronic signature; identification of the copyrighted work and material claimed to be infringing; contact information; a good-faith statement; and a statement under penalty of perjury that you are authorized to act. We accommodate and do not interfere with standard technical measures recognized by the industry to identify or protect copyrighted works. We will, in appropriate circumstances, terminate accounts of repeat infringers. If we remove content in response to a notice, we may notify the user and accept a counter-notice that meets 17 U.S.C. §512(g).

14. Export Control; Sanctions; Anti-Corruption

  • You represent that you are not located in, organized in, or a resident of a country or territory subject to comprehensive U.S. sanctions, and that you are not a denied or restricted party under applicable export control or sanctions laws.
  • You agree not to use the Services to export, re-export, or transfer items in violation of export control, sanctions, or anti-corruption laws, and you agree to comply with applicable anti-bribery laws. Sellers who invoice through the platform agree to maintain accurate books and records as required by law.

15. Third-Party Services; Links

The Services may contain links to or integrations with third-party websites, applications, or services (including payment processors and AI providers). Your use of those services is governed by their terms and privacy policies. We are not responsible for third-party services and disclaim all liability arising from your use of them.

16. Electronic Communications; Notices

By creating an account or using the Services, you consent to receive transactional and service-related communications electronically. We may provide notices by posting on the Services, by email, or by other reasonable means. You may opt out of non-essential marketing communications as described in our Privacy Policy.

17. Disclaimers

  • The Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory.
  • We disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.
  • We do not warrant uninterrupted, secure, or error-free operation, or the accuracy or reliability of results or content.
  • Equipment and Safety Disclaimers: We make no representations or warranties regarding the safety, suitability, condition, or compliance of any equipment, materials, or services listed on the platform. All equipment use, safety protocols, and compliance are solely your responsibility.
  • Scientific and Medical Disclaimers: We do not provide scientific, medical, legal, or regulatory advice. All content and AI outputs are for informational purposes only and should not be relied upon for critical decisions.
  • Data and Accuracy Disclaimers: We do not guarantee the accuracy, completeness, or reliability of any data, listings, or AI-generated content. You are responsible for verifying all information independently.
  • Third-Party Service Disclaimers: We are not responsible for third-party services, equipment, or materials. All transactions and interactions with third parties are at your own risk.
  • Pilot Program Disclaimers: As a pilot partner, you acknowledge that the Services are in development and may contain bugs, errors, or incomplete features. We disclaim any liability for issues arising from pilot program participation.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL LABGIANT OR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL; OR DAMAGE TO EQUIPMENT, FACILITIES, OR OTHER PROPERTY; OR FOR PERSONAL INJURY, ILLNESS, OR DEATH, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICES (EXCLUDING AMOUNTS PAID TO SELLERS) IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) USD $100.

For paid organizational subscriptions and pilot partnerships, LabGiant's aggregate liability is the greater of (i) fees paid to LabGiant for the affected Services in the 12 months before the event, or (ii) USD $2,500. The foregoing cap does not apply to breach of confidentiality, violation of data protection obligations, death or bodily injury caused by a party's negligence, or infringement of third-party intellectual property rights.

The foregoing does not limit liability that cannot be excluded by law or liability for our willful misconduct or gross negligence.

Some jurisdictions do not allow limitations of liability. In such cases, the foregoing limitation will apply to the maximum extent permitted by law.

19. Assumption of Risk; Release

You knowingly and voluntarily assume all risks related to your activities and use of any items or services obtained through the Services. To the fullest extent permitted by law, you release and discharge LabGiant from any and all claims and liabilities arising out of or related to such activities, including but not limited to:

  • Property damage, equipment damage, contamination, personal injury, illness, or death
  • Business interruption, lost profits, or data loss
  • Equipment malfunction, calibration errors, or safety incidents
  • Regulatory violations, compliance issues, or legal disputes
  • Third-party claims arising from your use of the platform
  • Pilot program risks including bugs, errors, or incomplete features

This release applies except to the extent arising from LabGiant's willful misconduct, gross negligence, or breach of these Terms.

20. Indemnification

Each party will defend, indemnify, and hold harmless the other party and its affiliates, officers, directors, employees, and agents from third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the indemnifying party's breach of these Terms or of applicable law; (b) the indemnifying party's content; or (c) the indemnifying party's activities involving equipment, materials, or services obtained through the Services, in each case to the extent caused by the indemnifying party and except to the extent caused by the other party's willful misconduct or gross negligence.

Defense and Settlement. At our option, we may control the defense of any claim subject to indemnification. You will not settle a claim without our prior written consent if the settlement imposes an obligation on us, requires an admission of liability by us, or does not include a full release of us.

Cooperation. You will provide reasonable assistance, information, and authority necessary to defend any claim, at our expense.

20.1 Seller Indemnity

In addition to Section 20, Sellers will defend, indemnify, and hold harmless LabGiant from claims, damages, liabilities, costs, and expenses arising out of or related to: (a) the manufacture, condition, labeling, marketing, shipment, installation, maintenance, or use of Seller items or services; (b) alleged defects, failure to warn, or product liability; (c) alleged violation of law, permits, or approvals; or (d) alleged infringement or misappropriation of intellectual property in a Listing.

20.2 LabGiant IP Indemnity

We will defend you against any third-party claim alleging that your authorized use of the Services, in the form we provide, directly infringes a third party's intellectual property rights, and we will pay damages and costs finally awarded against you (or amounts we agree to in settlement), provided that you promptly notify us in writing, allow us to control the defense and settlement, and cooperate with us at our expense. This obligation does not apply to claims arising from: (a) your or a third party's content or code; (b) combinations or modifications not provided by us; (c) use after we notify you to stop due to a potential claim; or (d) use of the Services in violation of these Terms. If such a claim arises, we may, at our option, procure rights for your continued use, modify the Services to be non-infringing, or terminate the affected Services and provide a pro-rata refund of any prepaid unused fees for paid organizational subscriptions, if applicable.

21. Dispute Resolution; Arbitration; Class Action Waiver

This Section applies to users acting for business purposes. To the maximum extent permitted by law, you and LabGiant agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis and not by jury trial or as a class, collective, or representative action. The arbitrator has no authority to consolidate proceedings or hear any claim on a class, collective, or representative basis, and no arbitration may be joined with another without both parties' written consent. Nothing in this Section limits non-waivable consumer rights. If non-waivable law in your jurisdiction prohibits mandatory arbitration or class waivers, this Section does not apply to you to that extent. In Quebec, consumers may bring claims in the courts of Quebec and the class action waiver and mandatory arbitration provisions do not apply.

  • Informal Resolution: Before initiating arbitration, a party will send written notice of the dispute and both parties will attempt in good faith to resolve it for 30 days.
  • Opt-Out: You may opt out of arbitration by sending written notice to [email protected] within 30 days of creating your account. Your opt-out will not affect other Terms.
  • Small Claims: Either party may bring an individual action in small claims court if eligible.
  • Seat; Rules; Language; Confidentiality: The default seat and venue of arbitration will be Montreal, Quebec (or another seat the parties agree in writing). Hearings may be conducted remotely by video conference. The arbitration will be administered by ICDR Canada under its applicable rules; for cross-border disputes, by the International Centre for Dispute Resolution (ICDR) under its International Dispute Resolution Procedures. The arbitration will be conducted by one arbitrator. The language will be English. The proceedings and award will be confidential except to the extent disclosure is required by law or to enforce the award.
  • Public Institutions: If you are a public sector entity and applicable law or policy prohibits any part of this Section (such as arbitration, class action waiver, venue, or fee provisions), those provisions will not apply to you. Disputes may be resolved in the courts identified in Section 22, and nothing in these Terms waives sovereign immunity.
  • Forum; Fees: Payment of filing, administration, and arbitrator fees will be governed by applicable arbitration rules.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction for infringement or misappropriation of intellectual property rights. Consumers in jurisdictions that do not permit mandatory arbitration or class waivers may have different rights that cannot be waived by contract.

22. Governing Law and Venue

These Terms are governed by the laws of the Province of Quebec, without regard to its conflict-of-laws rules, and the federal laws of Canada applicable therein. Subject to Section 21, the exclusive venue for disputes not subject to arbitration is the courts of Montreal, Quebec.

23. Termination

We may suspend or terminate access to the Services at any time for any violation of these Terms, suspected fraud, legal compliance, or to protect users or the platform. You may stop using the Services at any time. Provisions that by their nature should survive termination (including Sections 7.3, 8, 11–22, and 25, as well as provisions regarding privacy and intellectual property) will survive.

24. Changes to the Services or Terms

We may modify the Services or these Terms at any time. Changes take effect when posted. If you continue using the Services after changes become effective, you accept the updated Terms. If you do not agree, you must stop using the Services. For material changes affecting paid organizational accounts, we will provide at least 30 days' advance notice where required by law.

25. Miscellaneous

  • Entire Agreement. These Terms, together with any policies referenced herein (including the Privacy Policy and the Prohibited Items Policy), constitute the entire agreement between you and LabGiant.
  • Severability. If any provision is found unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.
  • Headings. Headings are for convenience only and do not affect interpretation.
  • No Waiver. Our failure to enforce any right is not a waiver of future enforcement.
  • Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign in connection with a merger, acquisition, or sale of substantially all assets, provided the assignee assumes obligations no less protective of your confidentiality, security, and privacy. If the assignee is a direct competitor to you or cannot meet equivalent security and privacy obligations, you may terminate paid organizational subscriptions on 30 days' notice with a pro-rata refund of prepaid unused fees.
  • Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.
  • No Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms, except as stated in Section 8 regarding the payment processor.
  • Non-Circumvention. You agree not to circumvent the Services or applicable fees by directing other users to transact off-platform for Listings materially facilitated by the Services (for example, through quotes, messaging, or proposals) for 12 months after first contact. This restriction does not apply to pre-existing relationships documented prior to discovery on the Services, inbound requests that occur independently of the Services, or transactions that must occur off-platform due to institutional procurement rules. Upon request, we may grant written waivers for mandated off-platform contracting; in such cases a mutually agreed platform fee may apply.
  • Institutional Addendum. If your organization requires additional terms (for example, a Data Processing Addendum, confidentiality, or security commitments), contact [email protected]. We will negotiate in good faith to address reasonable institutional requirements.
  • Order of Precedence. If you have a separate signed agreement with LabGiant governing your use of the Services, that agreement controls to the extent of any conflict with these Terms.
  • Language. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont exigé que les présentes modalités ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
  • Contact; Legal Notices. Questions or legal notices? Email [email protected]. Legal notices under these Terms must be sent to this address with the subject line "Legal Notice" and are deemed given when sent. Service of process must comply with applicable law and be delivered to our registered office as listed in the public records of the Registraire des entreprises du Québec; we do not accept service of process by email.