1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Essential Validation Services, a Colorado limited liability company ("Company," "we," "us," or "our"), regarding your use of the Essential Validation Services (EVS) platform and all associated laboratory services, features, and content (collectively, the "Services").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

We may modify these Terms at any time. Changes will be effective upon posting on our website with an updated effective date. Your continued use of the Services constitutes acceptance of modified Terms.

2. Description of Services

Essential Validation Services (EVS) is an analytical laboratory services platform that enables clients to order, track, and receive essential oil testing and validation services. Our Services include:

• Essential oil sample testing and analysis
• GC-MS analytical testing services
• Quality assurance and adulteration detection
• Standards comparison and validation
• Test result reporting and certification
• Sample tracking and status updates
• Client portal for order management
• Payment processing for testing services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

3.2 Account Information

To access certain features, you must create an account and provide accurate, complete, and current information including:

• Full name and valid email address
• Phone number and location information (state, county, ZIP code)
• Organization details (for organizer accounts)
• Any other information required for registration

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3.4 User Types

Our platform offers two account types: (1) Organizer accounts for event creators and managers, and (2) Community Member accounts for event participants. Different features and limitations apply to each account type.

4. Payment Terms and Billing

4.1 Payment Terms

Payment for essential oil testing services is due within 30 days of invoice receipt. Bills are sent through Intuit or Stripe billing systems. New customers may be subject to shorter payment terms as determined by our credit evaluation process.

4.2 Accepted Payment Methods

We accept the following payment methods:

• Credit Cards: Visa, MasterCard, American Express, and Discover
• Electronic Checks (ACH): Direct bank transfers for faster processing
• Traditional Checks: Mailed to our business address
• Wire Transfers: For large orders or international clients
• Online Payment Portal: Secure online payment processing through our client portal

4.3 Payment Processing

Online payments are processed securely through Stripe and other trusted payment processors. By providing payment information, you authorize us to charge the applicable fees for testing services rendered. All payments are non-refundable unless required by law or as specified in our testing agreement.

4.4 Outstanding Balances and Service Restrictions

Clients with outstanding balances or unpaid invoices may be subject to service restrictions. We reserve the right to withhold testing services, refuse new sample submissions, and withhold test reports and certificates until all outstanding balances are paid in full. This includes samples already submitted but not yet tested.

4.5 Late Payment Policy

Accounts with outstanding balances beyond 30 days may be subject to late fees and interest charges as permitted by law. We reserve the right to suspend all testing services for accounts with overdue balances until payment is received.

4.6 Pricing and Quotes

Testing service pricing is based on the specific analysis requested, sample complexity, and turnaround time requirements. All pricing is provided in advance through written quotes. We reserve the right to modify pricing with 30 days' notice for future orders.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use our Services for lawful political, civic, and community engagement activities in accordance with these Terms.

5.2 Prohibited Activities

You agree not to:

• Use the Services for any illegal purpose or in violation of any laws
• Violate the rights of others, including privacy, publicity, or intellectual property rights
• Post or transmit harmful, threatening, abusive, harassing, defamatory, or discriminatory content
• Engage in spam, phishing, or other unsolicited communications
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Services or servers
• Use automated tools to access the Services without permission
• Impersonate any person or entity or misrepresent your affiliation
• Upload viruses, malware, or other malicious code
• Use the Services to promote violence, terrorism, or illegal activities

5.3 Content Standards

All content you post must be accurate, lawful, and respectful. We reserve the right to remove content that violates these standards or our community guidelines.

6. Test Reports and Client Usage Rights

6.1 Ownership of Completed Reports

Upon full payment for testing services, clients own the completed test reports and certificates for their submitted samples. These reports may be used for quality assurance, marketing, regulatory compliance, and other legitimate business purposes.

6.2 Usage Rights for Paid Reports

Clients who have paid for testing services have the right to:

• Share PDF reports with customers, suppliers, or regulatory bodies
• Use test results for marketing and promotional materials
• Include analytical data in product specifications and quality documentation
• Submit reports to regulatory agencies for compliance purposes
• Use results for internal quality assurance and product development
• Archive reports for future reference and record-keeping

6.3 Report Distribution and Sharing

Clients may distribute their paid test reports in any format (PDF, printed copies, digital copies) to third parties as needed for their business operations. We encourage proper attribution of the testing laboratory when sharing reports publicly.

6.4 Standards and Reference Data Protection

Important restrictions on standards and reference data:

• Proprietary Standards: Our internal standards, proprietary reference databases, and confidential analytical methods are our intellectual property and may not be shared, copied, or distributed
• Public Standards: Clients may reference publicly available standards (such as ISO standards) that are cited in their reports
• Confidential Methods: Our analytical methods, procedures, and internal quality control standards remain confidential and proprietary
• Reference Databases: Our proprietary compound libraries and internal reference databases are protected intellectual property

6.5 Limitations on Report Usage

While clients own their paid reports, they may not modify the analytical data or laboratory findings without proper disclosure. Any modifications to test results must be clearly indicated as client interpretations or additional analysis.

6.6 Unpaid Reports

Reports for unpaid testing services remain our property and may not be distributed, shared, or used until full payment is received. We reserve the right to withhold access to unpaid reports and certificates.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

View our Privacy Policy →

8. Communication Services

8.1 Email Services

Our Services include email communication features for order updates, test status notifications, and report delivery. You agree to use these features responsibly and in compliance with anti-spam laws.

8.2 Notification Preferences

You can manage your notification preferences through your account settings. Certain service-related communications may not be optional.

8.3 Third-Party Communications

We may use third-party services for email delivery and communication. We are not responsible for the availability or policies of these third-party services.

9. Third-Party Services and Integrations

Our Services integrate with third-party providers including Stripe (payments), Mailgun (email delivery), and Supabase (data storage). Your use of these services may be subject to their respective terms and policies.

We are not responsible for the availability, functionality, or policies of third-party services.

10. Disclaimers and Limitation of Liability

10.1 Service Availability

We strive to maintain high service availability but cannot guarantee uninterrupted access. Services may be temporarily unavailable due to maintenance, updates, or technical issues.

10.2 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) $100, OR (B) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

10.4 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

11. Indemnification

You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services, (b) your violation of these Terms, (c) your content, or (d) your violation of any third-party rights.

12. Termination

12.1 Termination by You

You may terminate your account at any time by following the account deletion process in your settings or contacting support.

12.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause or notice, including for violation of these Terms.

12.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We may delete your account and data, though some information may be retained as required by law or legitimate business purposes.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles.

13.2 Dispute Resolution Process

Before initiating legal proceedings, you agree to first attempt to resolve disputes through good faith negotiations by contacting us directly.

13.3 Binding Arbitration

Any dispute that cannot be resolved through negotiation shall be settled by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures. The arbitration shall be conducted in Colorado.

13.4 Class Action Waiver

You agree that disputes will be resolved individually and not as part of a class action, collective action, or representative proceeding.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

14.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

14.4 Assignment

You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15. Contact Information

If you have questions about these Terms or need to contact us for any reason, please reach out: