Terms of Use.

// 01Eligibility

You must be at least 18 years of age and capable of forming a legally binding contract under applicable law to use the Site. By using the Site, you represent and warrant that you meet these requirements.

// 02Nature of the Site

The Site is informational. It describes who we are, the methods we use, and how to contact us regarding potential engagements. The Site does not, by itself, create a service relationship between you and Plus Ultra Labs. Any engagement we accept will be governed by a separate written agreement signed by both parties.

// 03No Professional Advice

The content on the Site, including descriptions of methodology, lab axioms, prior work, and approach, is provided for informational purposes only and does not constitute legal, accounting, tax, financial, investment, marketing, or other professional advice. You should not act or refrain from acting on the basis of any content on the Site without seeking professional advice tailored to your specific circumstances.

// 04No Guarantee of Results

Performance marketing involves uncertainty. References on the Site to past results, including any references to numbers of experiments run, revenue lift, or other prior outcomes, describe historical work performed for specific clients under specific conditions. Past results are not a guarantee, prediction, or assurance of future results, and your results, if any, may differ materially. Nothing on the Site is a warranty, guarantee, or representation regarding the outcome of any current or future engagement.

// 05Inquiries and Submissions

5.1 Inquiries. When you contact us through the Site or by email, you do not become our client and we do not become your service provider. A client relationship is created only upon execution of a written engagement agreement signed by both parties.

5.2 Confidentiality of Inquiries. Information you submit through the Site or by email is not confidential unless we have signed a non-disclosure agreement that covers it. Please do not send sensitive, confidential, proprietary, or privileged information through the Site or by unencrypted email.

5.3 Unsolicited Submissions. Plus Ultra Labs does not accept unsolicited ideas, proposals, suggestions, materials, or feedback ("Submissions"). If you nonetheless make a Submission, you agree that (a) the Submission is not confidential, (b) we are not obligated to review, return, or compensate you for it, and (c) we may use the Submission for any purpose without restriction or attribution. Without limiting the foregoing, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, distribute, and create derivative works of the Submission.

// 06Intellectual Property

6.1 Our Content. The Site and all content on it, including text, graphics, layout, design, logos, marks, methodology descriptions, lab axioms, and the selection and arrangement of the foregoing (collectively, the "Content"), are owned by Plus Ultra Labs or its licensors and are protected by copyright, trademark, and other intellectual-property laws.

6.2 Limited License. Subject to your compliance with these Terms, Plus Ultra Labs grants you a personal, limited, non-exclusive, non-transferable, revocable license to access and view the Site and Content for your own non-commercial use, including evaluating whether to engage Plus Ultra Labs. No other license or right is granted, whether by implication, estoppel, or otherwise. All rights not expressly granted are reserved.

6.3 Trademarks. "Plus Ultra Labs," the Plus Ultra Labs logo, and related names and marks are trademarks or service marks of Plus Ultra Labs LLC. You may not use any of these marks without our prior written consent. Other trademarks referenced on the Site are the property of their respective owners.

6.4 Feedback. If you provide us with feedback or suggestions about the Site or our services, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use that feedback for any purpose without obligation to you.

// 07Acceptable Use

You agree that you will not, and will not attempt to:

• use the Site in violation of any applicable law, regulation, or order;
• scrape, crawl, harvest, or otherwise extract data from the Site by automated means, except for indexing by general-purpose search engines that obey our robots.txt;
• use the Site, or data obtained from it, to train any machine-learning or artificial-intelligence model, or to create a competing product or service;
• reverse engineer, decompile, disassemble, or attempt to derive the source code of any portion of the Site;
• introduce any virus, worm, malware, or other harmful code, or otherwise attempt to interfere with or disrupt the Site, its security, or the systems on which it runs;
• attempt to gain unauthorized access to any portion of the Site, any other systems or networks connected to the Site, or any account, server, or data;
• use the Site to transmit unsolicited communications, advertising, or solicitations;
• impersonate any person or entity or misrepresent your affiliation with any person or entity;
• frame, mirror, or otherwise reproduce any portion of the Site without our prior written consent.

// 08Third-Party Links and Services

The Site may contain links to third-party websites or services. Those links are provided for convenience only. We do not control, endorse, or assume responsibility for any third-party websites or services, and we are not liable for any loss or damage caused by your use of any third-party website or service.

// 09Privacy

Our collection and use of personal information in connection with the Site is described in our Privacy Policy.

// 10Modification of the Site or Terms

We may modify, suspend, or discontinue the Site, in whole or in part, at any time and without notice. We may also modify these Terms at any time by posting an updated version on the Site and revising the "Last Updated" date. If we make material changes, we will provide additional notice as appropriate. Your continued use of the Site after the updated Terms take effect constitutes your acceptance of those Terms. If you do not agree to the updated Terms, your sole remedy is to stop using the Site.

// 11Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PLUS ULTRA LABS, ITS AFFILIATES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR ITS HOSTING SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, OR REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. To the extent we cannot lawfully exclude an implied warranty, we limit it to the shortest period and narrowest scope permitted by applicable law.

// 12Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PLUS ULTRA LABS, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. The limitations in this Section will apply to the fullest extent permitted by applicable law and will survive termination of these Terms.

// 13Indemnification

You agree to indemnify, defend, and hold harmless Plus Ultra Labs, its affiliates, and its and their respective officers, members, managers, employees, contractors, and agents (collectively, the "Indemnified Parties") from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Site; (b) your breach of these Terms; (c) your violation of any law or the rights of any third party; or (d) any Submission you make. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will reasonably cooperate with our defense.

// 14Governing Law and Venue

These Terms and any dispute arising out of or relating to these Terms or the Site are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to Section 15, you and Plus Ultra Labs each consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California, for any dispute arising out of or relating to these Terms or the Site, and each waives any objection to that jurisdiction or venue, including any objection based on inconvenient forum.

// 15Informal Dispute Resolution

Before filing any claim arising out of or relating to these Terms or the Site, you agree to first contact us at hello@plusultralabs.co and provide a written description of the dispute, including the relevant facts and the relief you are requesting. You and Plus Ultra Labs agree to use good-faith efforts to resolve the dispute informally for a period of at least sixty (60) days after the notice is sent. Compliance with this Section is a condition precedent to commencing any formal proceeding, and any applicable statute of limitations or filing deadline will be tolled while the parties engage in this informal process.

// 16Termination

We may suspend or terminate your access to the Site at any time, without notice and for any reason, including any actual or suspected violation of these Terms. Upon termination, the provisions of these Terms that by their nature should survive (including Sections 5, 6, 7, 9, 11, 12, 13, 14, 15, and 17) will survive.

// 17Miscellaneous

17.1 Entire Agreement. These Terms, together with the Privacy Policy and any separate written engagement agreement between you and Plus Ultra Labs, constitute the entire agreement between you and Plus Ultra Labs regarding the Site and supersede any prior or contemporaneous communications and proposals (whether oral, written, or electronic) on the subject.

17.2 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent.

17.3 No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. Any waiver must be in writing and signed by us to be effective.

17.4 Assignment. You may not assign these Terms or any of your rights or obligations under them without our prior written consent. Any attempted assignment in violation of this Section is void. We may freely assign these Terms in connection with a merger, acquisition, financing, reorganization, bankruptcy, or sale of all or a portion of our assets.

17.5 No Third-Party Beneficiaries. Except as expressly provided in Section 13, these Terms do not create any third-party beneficiary rights.

17.6 Force Majeure. We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, war, terrorism, civil disturbance, labor disputes, governmental action, internet or utility outages, or third-party service failures.

17.7 Headings. Headings are for convenience only and do not affect the interpretation of these Terms.

17.8 Electronic Communications. You consent to receive communications from us electronically, including by email and by notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

// 18Contact

If you have questions about these Terms, please contact: