Effective Date: Oct 7th, 2026
These Terms of Service (“Terms”) are a contract between you and SampleServe, Inc. (“SampleServe,” “we,” “us,” “our”). They govern your access to and use of SampleServe websites, applications, software, and related services, including SampleENV, the Project Management tool, the Field App, the Lab App and SampleLOG, the Report Generator, and SampleH2O (together, the “Services”).
The SampleServe family. SampleServe, Inc. is the parent company of Sample CSI, Inc., a separate company that offers SampleCSI and SampleFire. Those products run on their own platform and database and are governed by their own terms at samplecsi.com/terms and samplefire.net/terms, not by these Terms.
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 confirm that you have authority to bind it, and “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 agreement controls where it conflicts with these Terms.
Eligibility. You must be at least 18 years old and use the Services for business, professional, or government purposes.
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 use the Services and Documentation for Customer's internal business purposes.
SampleServe may update, modify, or discontinue features of the Services. We will make reasonable efforts to give advance notice before removing a feature that materially reduces the core functions of a paid plan, except where a change is required for security, legal, or operational reasons.
Free trials and beta features may be provided without warranties and may end at any time. They may have reduced support and different limits.
Customer is responsible for all activity under its Account and for making sure Authorized Users follow these Terms. Customer will keep account information accurate and use reasonable efforts to prevent unauthorized access, including protecting credentials and using available security controls.
Customer and Authorized Users will not:
SampleServe may suspend or restrict access to protect the Services, protect Customer, or stop a suspected breach of these Terms.
Customer keeps all rights in Customer Content. SampleServe keeps all rights in the Services, Documentation, and SampleServe technology.
Customer grants SampleServe a worldwide, non-exclusive license to host, copy, process, transmit, display, and otherwise use Customer Content as needed to provide, secure, and support the Services, and as these Terms and any data processing terms allow.
Customer confirms that it has all rights needed to submit Customer Content and that Customer Content and its use of the Services comply with applicable law.
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 needed to provide the Services and support. SampleServe will not use Customer Content to train artificial intelligence models without Customer's written permission.
SampleServe may show contextual suggestions and, where turned on for the applicable plan, contextual advertisements for third-party suppliers and services within the Services.
The Services help Customer plan, collect, document, and report sampling data. Customer remains responsible for its sampling methods, permit and regulatory compliance, laboratory selection, data review, and any submission to a regulator or client.
SampleServe is not a laboratory, does not perform analysis, and does not provide legal, engineering, or regulatory advice.
If a third party demands Customer Content from SampleServe, including by subpoena, court order, or public records request, SampleServe will refer the requester to Customer and notify Customer before responding, unless the law forbids notice.
SampleServe will disclose Customer Content only as legally required.
Customer agrees that signatures, photos, timestamps, and scans captured in the Services for chain of custody are intended to be electronic signatures and records under the federal ESIGN Act and state Uniform Electronic Transactions Act laws, where those laws apply.
Customer is responsible for confirming that electronic chain of custody meets the requirements of its regulators and laboratories.
The Privacy Policy is incorporated into these Terms. If these Terms and the Privacy Policy conflict on privacy disclosures, the Privacy Policy controls.
If SampleServe processes personal data on Customer's behalf, the Data Processing Addendum in Exhibit A (the “DPA”) applies and is incorporated into these Terms.
If Customer and SampleServe have a separate signed DPA, that DPA controls where it conflicts with Exhibit A.
SampleServe does not share Customer Content with SampleCSI or SampleFire, and those products do not have access to SampleServe's systems.
Customer will pay the fees in the Order Form. Unless the Order Form says otherwise, fees are billed in advance and due on receipt of invoice or at checkout.
Late amounts may accrue interest at the lesser of 1.5% per month or the maximum allowed by law.
Fees do not include taxes. Customer is responsible for applicable taxes, duties, and similar government charges, except taxes based on SampleServe's net income.
Subscriptions renew automatically for terms equal to the prior term unless either party gives notice of non-renewal at least 30 days before the end of the current term, unless the Order Form says otherwise.
Fees are non-refundable except as stated in an Order Form or Enterprise Agreement or as the law requires.
If Customer ends early for convenience, Customer remains responsible for fees for the rest of the term.
SampleServe may suspend the Services for nonpayment after reasonable notice and an opportunity to cure, unless an Enterprise Agreement says otherwise.
SampleServe may perform scheduled maintenance and will make reasonable efforts to schedule it to minimize disruption.
If an Order Form or service level policy provides service credits for downtime, those credits are Customer's only remedy for availability failures, except as the law requires or an Enterprise Agreement states.
These Terms begin when Customer first accepts them and continue until the Services end.
Either party may end these Terms or an Order Form by written notice if the other party materially breaches and does not cure within 30 days after notice.
SampleServe may end the Services immediately if Customer's use creates a security risk, violates law, or materially harms the Services, and will make reasonable efforts to limit any suspension or termination to what is necessary.
On termination, Customer's right to use the Services ends and unpaid fees become due.
Customer may export Customer Content using available export tools during any post-termination access window in an Order Form or Enterprise Agreement.
Unless the law prohibits it or legitimate business purposes in the Privacy Policy require otherwise, SampleServe will delete or de-identify Customer Content within a reasonable time after termination, consistent with the DPA and any Order Form or Enterprise Agreement.
If no schedule is agreed, SampleServe may keep Customer Content for up to 180 days after account closure to allow recovery, then delete it.
Each party may receive non-public information from the other that is marked confidential or that should reasonably be understood to be confidential (“Confidential Information”).
Customer Content is Customer's Confidential Information.
Each party will use the other's Confidential Information only to perform under these Terms, protect it with reasonable care, and not disclose it except to affiliates, contractors, and service providers who need it and are bound by confidentiality obligations.
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.
SampleServe and its licensors own all intellectual property rights in the Services and Documentation.
SampleServe's digital chain-of-custody technology is protected by U.S. Patent Nos. 10,198,676 and 10,281,367. See sampleserve.com/patents.
If Customer provides feedback or suggestions about the Services, SampleServe may use them without restriction or obligation, and Customer grants SampleServe a perpetual, irrevocable, worldwide license to do so.
The Services may work with third-party services. Customer's use of those services is governed by the third party's terms.
SampleServe is not responsible for third-party services.
If you download our mobile apps from the Apple App Store or Google Play, you also agree to that store's terms.
Apple and Google are not parties to these Terms, have no obligation to support the apps, and are not responsible for claims related to the apps.
Apple and its subsidiaries are third-party beneficiaries of these Terms for apps downloaded from the App Store and may enforce them.
SampleServe aims for its website and applications to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.
[An Accessibility Conformance Report is available on request.]
Report accessibility issues to support@sampleserve.com.
If you believe content in the Services infringes your copyright or other intellectual property rights, send a notice to legalnotice@sampleserve.com with enough detail for SampleServe to identify the material and evaluate the claim.
SampleServe's designated agent under the Digital Millennium Copyright Act is registered with the U.S. Copyright Office. [Confirm registration.]
SampleServe may remove or disable access to material as the law requires.
During a paid subscription term, the Services will materially conform to the Documentation under normal use.
Customer's only remedy for breach of this warranty is for SampleServe to make reasonable efforts to correct the problem. If SampleServe cannot correct it within a reasonable time, Customer may end the affected Order Form and receive a pro-rated refund of prepaid fees for the unused portion.
Except for the limited warranty above and to the extent the law allows, 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.
To the extent the law allows, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, goodwill, or data, even if advised of the possibility.
To the extent the law allows, each party's total liability will not exceed the amounts paid or payable by Customer for the Services giving rise to the claim in the 12 months before the event that first gave rise to liability.
The exclusions and cap do not apply to Customer's payment obligations, Customer's breach of Section 3.2, either party's infringement or misappropriation of the other's intellectual property, either party's gross negligence, willful misconduct, or fraud, or liability that cannot be limited by law.
Customer will defend and indemnify SampleServe against third-party claims arising from Customer Content or Customer's use of the Services in violation of law or these Terms.
SampleServe will defend and indemnify Customer against third-party claims that the Services, as provided by SampleServe, infringe a valid U.S. intellectual property right.
This does 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 modify the Services, obtain the right for Customer to keep using them, or end the affected Services and refund pro-rated prepaid fees, as Customer's only remedy.
Customer's indemnification obligations apply only to the extent its governing law allows (see Section 25).
Before filing a claim, each party will give written notice and try in good faith to resolve the dispute for 60 days.
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 these Terms will be resolved by binding arbitration administered by the American Arbitration Association under its rules, held in Grand Traverse County, Michigan, unless the parties agree otherwise.
Judgment on the award may be entered in any court with jurisdiction.
To the extent the law allows, disputes will be brought only individually, not as a class, collective, consolidated, or representative action.
If you are a consumer outside the United States, mandatory consumer protection laws that apply to you are not waived.
Sections 17.2 and 17.3 do not apply to Customers that are government entities, including municipalities, utilities, and public agencies.
Customer will not use or export the Services in violation of U.S. export or sanctions laws.
Customer confirms it is not located in, controlled by, or a national or resident of a restricted country and is not on a restricted party list.
Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, labor disputes, government actions, war, terrorism, internet or cloud provider failures not caused by that party, or denial-of-service attacks.
Customer may not assign these Terms without SampleServe's prior written consent, except to an affiliate or in a merger, acquisition, or sale of substantially all assets, if the assignee agrees in writing to be bound.
SampleServe may assign these Terms in a corporate transaction or by operation of law.
SampleServe may update these Terms. We will post the new version and update the Effective Date.
If an update materially reduces Customer's rights or materially increases its obligations for paid Services, SampleServe will notify account administrators at least 30 days in advance, and the change will take effect at the next renewal unless Customer agrees sooner.
For free Services, continued use after the Effective Date means acceptance.
Send notices to SampleServe at:
Email: legalnotice@sampleserve.com
Mail:
SampleServe, Inc.
12935 SW Bay Shore Dr., Suite 200
Traverse City, MI 49684
Notices are effective when received.
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 the state and federal courts in Michigan for matters not subject to arbitration, except as Section 25 provides for public entities.
If Customer is located elsewhere, U.S. federal law and Michigan law govern to the extent consistent with mandatory local law.
These Terms, the Privacy Policy, any Order Form, and the exhibits are the entire agreement about the Services and replace earlier agreements on the same subject, except for an Enterprise Agreement.
If any provision is unenforceable, the rest stays in effect.
A waiver must be in writing and applies only to that instance.
If Customer is a government entity:
This DPA applies when SampleServe processes personal data on behalf of Customer in connection with the Services.
Customer is the controller or business. SampleServe is the processor and, under U.S. state privacy laws, a service provider or contractor for Customer.
SampleServe may act as a controller for personal data it processes for its own purposes, such as billing, account administration, marketing, and security, as the Privacy Policy describes.
SampleServe will process personal data only on Customer's documented instructions, unless the law requires otherwise; make sure personnel who process personal data are bound by confidentiality; and use appropriate technical and organizational measures to protect it.
Customer authorizes SampleServe to use subprocessors, including AI providers, to provide the Services.
SampleServe will impose data protection obligations on them no less protective than this DPA, keep a list at sampleserve.com/subprocessors, and give notice of material changes.
Customer may object to a new subprocessor on reasonable data protection grounds. If the objection cannot be resolved, Customer may end the affected Services and receive a pro-rated refund of prepaid fees for the unused portion.
SampleServe will notify Customer without undue delay after becoming aware of a personal data breach affecting Customer personal data, provide information reasonably needed for Customer's own notifications, and take reasonable steps to contain and remediate it.
Considering the nature of processing, SampleServe will reasonably help Customer respond to data subject requests, conduct data protection impact assessments where required, and handle security and breach notifications.
On reasonable notice and no more than once a year, Customer may review SampleServe's compliance with this DPA through available third-party audit reports, security documentation, and reasonable written questionnaires.
On-site audits are allowed only where the law requires or after a significant security incident, subject to confidentiality, scope, and safety requirements.
If Customer personal data is transferred from the EEA, UK, or Switzerland to a country not recognized as adequate, the EU Standard Contractual Clauses (Commission Implementing Decision (EU) 2021/914, Module Two) apply for EEA transfers, the UK Addendum applies for UK transfers, and the EU clauses as modified for Swiss law apply for Swiss transfers.
They are incorporated by reference and provided on request.
At the end of the Services, SampleServe will, at Customer's choice and where the Services support it, return or delete Customer personal data.
If Customer does not choose, SampleServe may delete under Section 8.4 of the Terms.
SampleServe may keep personal data where the law requires or for legitimate purposes in the Privacy Policy, and will protect it.
SampleServe will not sell personal information processed for Customer; not share it for cross-context behavioral advertising; not keep, use, or disclose it for any purpose other than providing the Services and permitted operational purposes; require subprocessors to follow the same limits; and reasonably help Customer show compliance.
If this DPA and the Terms conflict about processing personal data, this DPA controls.
Effective Date: [Month Day, 2026]
[Confirm the hardware program is still offered. If not, delete Exhibit B.]
These terms apply if SampleServe provides hardware for evaluation or use with the Services, in addition to the Terms.
A hardware bundle may include a tablet, printer, and starter set of labels.
If Customer buys hardware through SampleServe, Customer pays the hardware cost before the order is placed.
If Customer is not satisfied, SampleServe will accept return of undamaged hardware in good condition and original packaging, if it was bought through SampleServe.
Customer pays return shipping.
After receipt and inspection, SampleServe will refund 100% of the hardware cost within [7 to 10] days.
Hardware bought through SampleServe is pre-configured and covered by the manufacturer's one-year warranty.
Customer may lease hardware bundles for [USD $99] per month per bundle.
After [18] months of lease payments, Customer owns the hardware.
Customer may buy earlier, with the price pro-rated based on months paid.
Compatible tablets, printers, and labels are widely available.
SampleServe may partner with third parties to offer competitive pricing and pre-configured settings.
12935 S.West Bay Shore Dr., Suite 200
Traverse City, Michigan 49684