Terms of Service

SampleServe Terms of Service Effective Date: February 11, 2026 These Terms of Service (the Terms) are a contract between you and SampleServe, Inc. (SampleServe, we, us, our). The Terms govern your access to and use of SampleServe websites, applications, software, and related services (collectively, the Services).

By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services. If you use the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization. In that case, you and Customer refer to that organization. If Customer has a separate written agreement signed by SampleServe that governs the Services (an Enterprise Agreement), that Enterprise Agreement controls to the extent it conflicts with these Terms.

1. Definitions Account means the Customer and user accounts used to access the Services. Authorized Users means individuals Customer permits to use the Services under Customer’s Account. Customer Content means content, data, files, records, and materials submitted to the Services by or for Customer or its Authorized Users. Documentation means user guides and technical documentation made available by SampleServe. Order Form means an ordering document or online checkout that specifies plan, term, fees, and scope. Privacy Policy means SampleServe’s published privacy policy, incorporated by reference. Service Data means data about the operation, performance, security, and use of the Services, including aggregated or de-identified data derived from use of the Services.

2. Services
2.1 Access and License Subject to these Terms and payment of applicable fees, SampleServe grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the Subscription Term to access and use the Services and Documentation for Customer’s internal business purposes.
2.2 Changes to Services SampleServe may update, modify, or discontinue features of the Services. SampleServe will use commercially reasonable efforts to provide advance notice of material feature removals that materially reduce core functionality of a paid plan, except where a change is required for security, legal, or operational reasons.
2.3 Trials and Betas If Customer uses a free trial or beta feature, it may be provided without warranties and may be discontinued at any time. Trial and beta use may have reduced support and different limits.

3. Accounts, Security, and Acceptable Use
3.1 Account Security Customer is responsible for all activity under its Account and for ensuring Authorized Users comply with these Terms. Customer will maintain accurate account information and use reasonable efforts to prevent unauthorized access, including safeguarding credentials and using available security controls.
3.2 Acceptable Use Customer and Authorized Users will not: Reverse engineer, decompile, or attempt to extract source code from the Services except to the extent prohibited by law Circumvent security or access controls Use the Services to transmit malware or unlawful content Interfere with or disrupt the Services or networks Access the Services using unauthorized automated means other than documented APIs Resell, rent, or provide the Services to third parties as a service bureau, except as expressly permitted in an Order Form or Enterprise Agreement Use the Services in violation of applicable law
SampleServe may suspend or restrict access to protect the Services, protect Customer, or stop a suspected breach of these Terms.

4. Customer Content
4.1 Ownership Customer retains all rights in Customer Content. SampleServe retains all rights in the Services, Documentation, and SampleServe technology.
4.2 License to Operate Services Customer grants SampleServe a worldwide, non-exclusive license to host, copy, process, transmit, display, and otherwise use Customer Content as necessary to provide, secure, and support the Services, and as otherwise permitted by these Terms and any applicable data processing terms.
4.3 Customer Responsibilities for Content Customer represents and warrants that it has all rights necessary to submit Customer Content and that Customer Content and its use of the Services complies with applicable law.
4.4 Service Data SampleServe may create and use Service Data for security, support, operations, analytics, product improvement, and business reporting. Service Data will not include Customer Content in identifiable form except as necessary to provide the Services and support.
4.5 Contextual Advertising SampleServe may display contextual suggestions and, where enabled for the applicable plan, contextual advertisements for third party suppliers and services within the Services. Contextual basis. Contextual suggestions and advertisements are based only on non-personal project attributes and configuration signals (for example, project type, sampling workflow type, enabled features, equipment model selections, etc.…), and are not based on cross-context behavioral tracking. No use of Customer Content for ad targeting. SampleServe does not use the contents of Customer Content (including sample results, notes, attachments, free text fields, or personal data contained in Customer Content) to select or target third party advertisements. No sale or disclosure for advertising. SampleServe does not sell or rent personal information. SampleServe does not disclose identifiable Customer Content or personal information to third party advertisers for the purpose of targeting advertisements. No third-party tracking for ads. SampleServe does not embed third party advertising tags, pixels, or SDKs in the Services for the purpose of cross-context behavioral advertising. User initiation and third-party terms. Customer chooses whether to interact with an advertisement or suggestion. Any subsequent purchase or engagement with a third party is governed by that third party’s terms, and SampleServe is not a party to those transactions. Measurement. SampleServe may use aggregated or de-identified Service Data to measure the performance of contextual suggestions and advertisements for internal business reporting and product improvement. Any reporting shared with third parties, if provided, will be aggregated and will not identify Customer or individuals. Customer may disable contextual advertisements in account settings, and advertisements can be disabled on paid plans when expressly stated in an Order Form or through account settings.
5. Privacy, Data Processing, and Compliance Framework
5.1 Privacy Policy Incorporated The Privacy Policy is incorporated into these Terms by reference. If there is a conflict between these Terms and the Privacy Policy regarding privacy disclosures, the Privacy Policy controls.
5.2 Data Processing Addendum If Customer’s use of the Services involves SampleServe processing personal data on Customer’s behalf, the Data Processing Addendum (the DPA) in Exhibit A applies and is incorporated into these Terms. If Customer and SampleServe have a separate signed DPA, that DPA controls to the extent it conflicts with Exhibit A.
6. Fees, Payment, Taxes, Renewals, and Refunds
6.1 Fees and Payment Customer will pay fees specified in the Order Form. Unless the Order Form states otherwise, fees are billed in advance and are due upon invoice receipt or at checkout. Late amounts may accrue interest at the lesser of 1.5 percent per month or the maximum allowed by law.
6.2 Taxes Fees are exclusive of taxes. Customer is responsible for applicable taxes, duties, and similar government assessments, excluding taxes based on SampleServe net income.
6.3 Renewal Subscriptions renew automatically for successive terms equal to the prior term unless either party gives notice of non-renewal at least 30 days before the end of the then-current term, unless the Order Form states a different notice period.
6.4 No Refunds; Exceptions Fees are non-refundable except as expressly stated in an Order Form, Enterprise Agreement, or as required by law. If Customer terminates early for convenience, Customer remains responsible for fees for the remainder of the term.
6.5 Suspension for Nonpayment SampleServe may suspend Services for nonpayment after providing reasonable notice and an opportunity to cure, unless prohibited by an Enterprise Agreement.
7. Availability, Support, Service Credits
7.1 Maintenance SampleServe may perform scheduled maintenance. SampleServe will use commercially reasonable efforts to schedule maintenance to minimize disruption.
7.2 Service Credits as Exclusive Remedy for Availability Failures If an Order Form or separate service level policy provides service credits for downtime or availability failures, those service credits are Customer’s exclusive remedy for those failures, except as required by law or as stated in an Enterprise Agreement.

8. Term and Termination
8.1 Term These Terms begin when Customer first accepts them and continue until the Services are terminated.
8.2 Termination for Cause Either party may terminate these Terms or an Order Form by written notice if the other party materially breaches and fails to cure within 30 days after notice. SampleServe may terminate immediately if Customer’s use creates a security risk, violates law, or materially harms the Services, provided SampleServe will use commercially reasonable efforts to narrow suspension or termination to what is necessary.
8.3 Effect of Termination Upon termination: Customer’s right to access the Services ends Any unpaid fees become immediately due Customer may export Customer Content using available export tools during any post-termination access window provided in an Order Form or Enterprise Agreement, if applicable
8.4 Content Return and Deletion Unless prohibited by law or required for legitimate business purposes described in the Privacy Policy, SampleServe will delete or de-identify Customer Content within a commercially reasonable period after termination consistent with the DPA and any Order Form or Enterprise Agreement. If no different schedule is agreed, SampleServe may retain Customer Content for up to 180 days after account closure to allow recovery and then delete it.

9. Confidentiality
9.1 Confidential Information Each party may receive non-public information from the other party that is identified as confidential or that reasonably should be understood to be confidential (Confidential Information). Customer Content is Confidential Information.
9.2 Obligations Each party will: Use the other party’s Confidential Information only to perform under these Terms Protect it using reasonable care Not disclose it to third parties except to affiliates, contractors, and service providers who need it to perform and are bound by confidentiality obligations
9.3 Exclusions Confidential Information does not include information that is public through no fault of the receiving party, already known without restriction, independently developed, or rightfully received from a third party without restriction.

10. Intellectual Property
10.1 SampleServe IP SampleServe and its licensors own all intellectual property rights in the Services and Documentation.
10.2 Feedback If Customer provides feedback or suggestions about the Services, SampleServe may use it without restriction or obligation, and Customer grants SampleServe a perpetual, irrevocable, worldwide license to do so.

11. Third Party Services and Content The Services may interoperate with third party services. Customers’ use of third-party services is governed by the third party’s terms. SampleServe is not responsible for third party services.

12. DMCA and IP Complaints If you believe content in the Services infringes your copyright or other intellectual property rights, send a notice to SampleServe at legalnotice@sampleserve.com and include sufficient detail to allow SampleServe to identify the material and evaluate the claim. SampleServe may remove or disable access to material as required by applicable law.

13. Warranties and Disclaimers
13.1 Limited Warranty for Paid Services SampleServe warrants that during the paid Subscription Term, the Services will materially conform to the Documentation under normal use. Customer’s exclusive remedy for breach of this warranty is for SampleServe to use commercially reasonable efforts to correct the nonconformity. If SampleServe cannot correct it within a reasonable time, Customer may terminate the affected Order Form and receive a pro-rated refund of prepaid fees for the unused portion of the terminated term, as Customer’s exclusive remedy.
13.2 Disclaimer Except for the limited warranty above and to the maximum extent permitted by law, the Services are provided "as is" and "as available" and SampleServe disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. SampleServe does not warrant uninterrupted or error-free operation, that defects will be corrected immediately, or that Customer Content will not be lost.

14. Limitation of Liability
14.1 Exclusion of Certain Damages To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, goodwill, or data arising out of or related to these Terms, even if advised of the possibility.
14.2 Liability Cap To the maximum extent permitted by law, each party’s total liability arising out of or related to these Terms will not exceed the amounts paid or payable by Customer to SampleServe for the Services giving rise to the claim during the 12 months preceding the event first giving rise to liability.
14.3 Exceptions The exclusions and cap do not apply to: Customer’s payment obligations Customer’s breach of Section 3.2 (Acceptable Use) Either party’s infringement or misappropriation of the other party’s intellectual property rights Either party’s gross negligence, willful misconduct, or fraud Liability that cannot be limited by law

15. Indemnification
15.1 By Customer Customer will defend and indemnify SampleServe from third party claims arising from Customer Content or Customer’s use of the Services in violation of law or these Terms.
15.2 By SampleServe SampleServe will defend and indemnify Customer from third party claims alleging that the Services, as provided by SampleServe, infringe a valid U.S. intellectual property right. SampleServe’s obligations do not apply to claims arising from Customer Content, Customer modifications, combination with non-SampleServe products, or use not in accordance with the Documentation. If infringement is alleged, SampleServe may: (a) modify the Services to be non-infringing, (b) obtain the right for Customer to continue using the Services, or (c) terminate the affected Services and refund pro-rated prepaid fees for the unused portion, as Customer’s exclusive remedy.
16. Dispute Resolution, Arbitration, and Class Waiver
16.1 Informal Resolution Before filing a claim, each party agrees to provide written notice and attempt good faith resolution for 60 days.
16.2 Arbitration Agreement for U.S. Users If Customer is located in the United States, and except for claims for injunctive relief related to intellectual property or unauthorized access, any dispute arising out of or related to these Terms will be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules. The arbitration will be held in Grand Traverse County, Michigan, unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.
16.3 Class Action Waiver To the maximum extent permitted by law, disputes will be brought only on an individual basis. Neither party may bring a claim as a plaintiff or class member in a class, collective, consolidated, or representative action.
16.4 Non-U.S. Consumers If you are a consumer located outside the United States, mandatory consumer protection laws and jurisdiction rules that apply to you are not waived by these Terms.

17. Export and Sanctions Compliance Customer will not use or export the Services in violation of U.S. export laws or applicable sanctions laws. Customer represents it is not located in, under the control of, or a national or resident of any restricted country and is not on any restricted party list.

18. Force Majeure Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, labor disputes, acts of government, war, terrorism, internet or cloud provider failures not caused by that party, or denial of service attacks.

19. Assignment Customer may not assign these Terms without SampleServe’s prior written consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets, provided the assignee agrees in writing to be bound. SampleServe may assign these Terms in connection with a corporate transaction or by operation of law.

20. Changes to Terms SampleServe may update these Terms. If an update materially reduces Customer rights or materially increases Customer obligations for paid Services, SampleServe will provide reasonable advance notice. Continued use after the effective date constitutes acceptance of the updated Terms.

21. Notices and Contact Notices to SampleServe must be sent to legalnotice@sampleserve.com or to the mailing address below. Notices are effective when received. SampleServe, Inc. 12935 SW Bayshore Dr., Suite 200 Traverse City, MI 49684 USA

22. Governing Law If Customer is located in the United States or Canada, Michigan law governs these Terms without regard to conflict of law rules, and the parties’ consent to jurisdiction in state or federal courts located in Michigan for matters not subject to arbitration. If Customer is located outside the United States or Canada, U.S. federal law and Michigan law govern to the extent not inconsistent with mandatory local law.

23. Entire Agreement; Severability; No Waiver These Terms, the Privacy Policy, any Order Form, and any incorporated exhibits are the entire agreement regarding the Services and supersede prior agreements on the same subject, except for an Enterprise Agreement. If any provision is unenforceable, the remainder remains in effect. A waiver must be in writing and applies only to the specific instance. Exhibit A: Data Processing Addendum This DPA applies when SampleServe processes personal data on behalf of Customer in connection with Customer’s use of the Services.
A1. Roles Customer is the controller or business. SampleServe is the processor and, where applicable under U.S. state privacy laws, a service provider or contractor for Customer. SampleServe may act as a controller for personal data processed for its own purposes such as billing, account administration, marketing, and security, as described in the Privacy Policy.
A2. Details of Processing Subject matter: Provision of the Services. Duration: The Subscription Term plus the period until deletion or return of personal data per
A9. Nature and purpose: Hosting, storage, access control, workflow support, reporting, support, and security operations. Types of personal data: As determined by Customer, may include identifiers, contact details, precise geolocation (if enabled), and data contained in Customer Content. Categories of data subjects: Customer personnel and other individuals whose data Customer submits. Customer instructions: Customer’s documented instructions include these Terms, the Order Form, Customer configuration settings, and written instructions provided through support channels.
A3. Processor Obligations SampleServe will: Process personal data only on documented instructions from Customer, unless required by law Ensure personnel authorized to process personal data are bound by confidentiality obligations Implement appropriate technical and organizational measures to protect personal data, taking into account the nature of processing, as described in the Privacy Policy and Documentation, and as further specified in any Enterprise Agreement
A4. Subprocessors Customer authorizes SampleServe to use subprocessors to provide the Services. SampleServe will impose data protection obligations on subprocessors that are no less protective than this DPA. SampleServe will make available a list of subprocessors and will provide notice of material changes to that list. Customer may object to a new subprocessor on reasonable data protection grounds. If the parties cannot resolve the objection, Customer may terminate the affected Services and receive a pro-rated refund of prepaid fees for the unused portion of the then-current term for those affected Services.
A5. Security Incidents SampleServe will notify Customer without undue delay after becoming aware of a personal data breach affecting Customer personal data and will provide information reasonably necessary for Customer to meet its notification obligations. SampleServe will investigate and take reasonable steps to contain and remediate. A6. Assistance Taking into account the nature of processing and information available to SampleServe, SampleServe will provide reasonable assistance to Customer with: Responding to data subject requests that Customer must fulfill under applicable law Customer’s data protection impact assessments and prior consultations where required, to the extent the Services and processing support the request Security and breach notifications
A7. Audits Upon reasonable notice and no more than once per year, Customer may audit SampleServe’s compliance with this DPA through review of available third-party audit reports, security documentation, and responses to reasonable written questionnaires. On-site audits are permitted only where required by law or if a significant security incident has occurred, and are subject to confidentiality, scope, and safety requirements. A8. International Transfers If Customer personal data is transferred from the EEA, UK, or Switzerland to the United States or another country not recognized as providing adequate protection, the parties agree that the EU Standard Contractual Clauses will apply as follows: For EEA transfers, the SCCs adopted by the European Commission under Implementing Decision (EU) 2021/914, Module Two (controller to processor) apply For UK transfers, the UK addendum to the EU SCCs applies For Switzerland transfers, the EU SCCs apply with modifications required by Swiss law
The SCCs are incorporated by reference and will be provided by SampleServe as part of the contracting process or upon request through Customer support channels. Where required, the parties will complete the SCC annexes based on the Services and Customer configuration. A9. Return and Deletion At the end of the Services, SampleServe will, at Customer’s choice and where supported by the Services, return Customer personal data or delete it. If Customer does not make a selection, SampleServe may delete in accordance with Section 8.4 of the Terms. SampleServe may retain personal data to the extent required by law or for legitimate purposes described in the Privacy Policy and will protect retained personal data. A10. U.S. State Privacy Contract Terms (Service Provider / Contractor) To the extent applicable, SampleServe will: Not sell personal information processed on behalf of Customer Not share personal information processed on behalf of Customer for cross-context behavioral advertising Not retain, use, or disclose personal information processed on behalf of Customer for any purpose other than providing the Services and permitted operational purposes consistent with applicable law and Customer instructions Require subprocessors to comply with the same restrictions for personal information processed on behalf of Customer Assist Customer with reasonable requests to demonstrate compliance with these restrictions
A11. Conflict If there is a conflict between this DPA and the Terms regarding processing of personal data, this DPA controls. Exhibit B: Equipment Terms and Conditions Effective Date: May 2020 These Equipment Terms and Conditions apply if SampleServe provides hardware for evaluation or use of the Services. These terms are in addition to the Terms.

B1. Hardware Bundle A hardware bundle may include a tablet, printer, and starter set of labels.

B2. Hardware Lend Program (Money-Back Guarantee) If Customer purchases hardware through SampleServe, Customer must pay the hardware cost prior to order placement. If Customer is not satisfied, SampleServe will accept return of undamaged hardware in good condition and in original packaging, provided it was purchased through SampleServe. Customer is responsible for return shipping. After receipt and inspection, SampleServe will refund 100 percent of the hardware cost by check within 7 to 10 days. Hardware purchased through SampleServe is pre-configured and covered by a one-year manufacturer warranty.

B3. Hardware Lease Program Customer may lease hardware bundles for USD $99 per month per bundle. After 18 months of lease payments, Customer retains ownership. Customer may purchase earlier and the purchase cost will be prorated based on months paid. B4. Hardware Sourcing Compatible tablets, printers, and labels are widely available. SampleServe may partner with third parties to provide competitive pricing and pre-configured settings to simplify setup.