Terms of service
Effective Date: August 4th, 2025
Welcome to OpenELAB, a platform that combines e-commerce and user-generated content, operated by OpenELAB Inc, registered in U.S. These Terms of Service ("Terms") govern your access to and use of OpenELAB's website, services, mobile applications, products, and any form of content provided (collectively, the "Services"). By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Services.
1. Acceptance of Terms
These Terms constitute a binding contract between you and OpenELAB Inc, a company incorporated in the State of Delaware, United States. Your use of the Services signifies your acceptance of these Terms. We reserve the right to update or change our terms at any time without prior notice. Your continued use of the Services after any amendments indicates your consent to the changes.
2. Content Rights and Responsibilities
2.1 Your Content
You retain ownership of the content you create and post on OpenELAB. By posting content, you grant OpenELAB a non-exclusive, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Services.
2.2 Our Content and Services
All rights in OpenELAB's look, feel, and Services are reserved. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms.
3. Use of Services
You agree not to misuse the Services. Misuse includes any unauthorized, illegal, or unethical activities such as hacking, spreading malware, copyright infringement, or any other actions that could harm OpenELAB or its users.
4. Age Restrictions
The Services are intended for users who are 18 years of age or older. Users under the age of 18 must have the permission and supervision of a guardian to use the Services.
5. E-Commerce Conditions
When purchasing products from OpenELAB, you agree to provide current, complete, and accurate purchase and account information. All purchases made are subject to the e-commerce conditions outlined in these Terms, including return policies, shipping information, and payment terms.
Refund Policy
For all refunds requested due to customer reasons, a standard service fee will be deducted from the refund amount, which is charged by the payment platforms. The specific fees are as follows: Shopify Payments: 2.9% + €0.3, and PayPal: 4.4%.
6. Liability and Warranty
OpenELAB provides the Services on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied. We will not be liable for any indirect, incidental, punitive, or consequential damages resulting from your use of the Services.
7. Dispute Resolution
If you and OpenELAB Inc. ("OpenELAB") are unable to resolve a dispute through informal means, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of OpenELAB's services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted on an individual basis, and not as a class, collective, or representative. action.
You and OpenELAB agree to waive any right to a jury trial or to participate in a class action lawsuit. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration. agreement.
The arbitration shall be governed by the Federal Arbitration Act and conducted in the state of Delaware, unless otherwise agreed by both parties.
If any provision of this arbitration agreement is found to be unenforceable, the remaining provisions shall remain in effect.
8. Governing Law and Jurisdiction
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
To the extent any dispute between you and OpenELAB is permitted to proceed in court rather than through arbitration, you and OpenELAB agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware, and you waive any objection to venue or jurisdiction in such courts.
9. General Provisions
9.1 Entire Agreement
These Terms, including any legal notices and disclaimers contained on the Services, constitute the entire agreement between OpenELAB and you concerning the use of the Services.
9.2 Severability
If any provision of these Terms is deemed invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
9.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and OpenELAB's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
For further information or inquiries, please contact us at info@openelab.com.
