Terms of Service

Last updated: October 7, 2025

These Terms of Service (the "Terms") govern your access to and use of the websites and other online products and services (collectively, the "Services") provided by Pergamon Labs Inc. ("Pergamon Labs," "we," or "us"). By clicking "I Accept" or by using the Services, you agree to these Terms, including the dispute resolution provisions in Section 15 (to the extent permitted by applicable law). If you do not agree to these Terms, do not use the Services.

We may update these Terms from time to time. If we make changes, we will provide notice (for example, by email, by posting a notice on the Services, or by updating the date above). Unless we state otherwise, the amended Terms take effect immediately. Your continued use of the Services confirms your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Services.

If you have any questions about these Terms or the Services, please contact us at [email protected].

Your continued use of the Services after any modification constitutes acknowledgement of the modified Terms and agreement to be bound by them.

1. Privacy

For information about how we collect, use, disclose, and otherwise process information about you, please see our Privacy Policy (incorporated by reference). Our processing of personal information is performed as described in that policy and in accordance with applicable law.

2. Eligibility and Business Use Only

The Services are intended for use by businesses and organizations, not individual consumers. You must be at least 18 years of age to use the Services. If you use the Services on behalf of a company or other entity: (a) references to "you" include that entity; (b) you represent that you are authorized to bind that entity to these Terms; and (c) that entity is responsible for your use of the Services and any breach of these Terms.

We neither endorse nor assume liability for content uploaded or submitted by third-party users of the Services. However, we (and our agents) may remove any content that, in our judgment, violates these Terms or our rules of user conduct, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You consent to such removal and waive any claim arising from it.

We may terminate or suspend your access to the Services at any time, in our sole discretion, including for violation of these Terms. We will cooperate with law enforcement authorities in investigating suspected criminal violations.

3. User Accounts and Account Security

You may need to register for an account to access some or all of the Services. You must provide accurate account information and promptly update it if it changes. You are responsible for maintaining the security of your account and must promptly notify us if you suspect unauthorized access. If you allow others to use your credentials, you are responsible for their activities. We may reclaim usernames, including on behalf of businesses or individuals that hold legal claim (including trademark rights) in those usernames.

4. User Content

Our Services may allow you and other users to upload content, including messages, text, photos, videos, software, data, and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in your User Content as between you and Pergamon Labs.

You grant Pergamon Labs and its subsidiaries and affiliates a nonexclusive, royalty‑free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, and create derivative works from your User Content as necessary to operate, provide, secure, and improve the Services.

To the extent the Services involve labeling, enrichment, or other processing of User Content that you provide or make available ("User Data"), you grant Pergamon Labs a non‑exclusive, irrevocable, worldwide, non‑transferable, sublicensable, fully paid‑up, royalty‑free, and perpetual license to use such User Data for Pergamon Labs' internal business purposes, including to maintain, evaluate, and improve the Services.

You may not upload User Content that violates these Terms or for which you lack the rights to grant the licenses above. You represent and warrant that your User Content and our use of it as permitted by these Terms will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit, or monitor User Content, we may remove User Content at any time and for any reason with or without notice.

5. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right, or other third‑party right, and you are solely responsible for your conduct while using the Services. You will not:

Engage in harassing, threatening, intimidating, predatory, or stalking conduct;
Use or attempt to use another user's account without authorization;
Impersonate or post on behalf of any person or entity or misrepresent your affiliation with a person or entity;
Sell or resell the Services;
Copy, reproduce, distribute, publicly perform, or publicly display all or portions of the Services, except as expressly permitted by us or our licensors;
Modify the Services, remove any proprietary rights notices or markings, or create derivative works based upon the Services;
Use the Services other than for their intended purpose or in any manner that could interfere with, disrupt, negatively affect, or impair the functioning of the Services;
Reverse engineer any aspect of the Services or attempt to discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services;
Attempt to circumvent any content‑filtering techniques or attempt to access any feature or area of the Services you are not authorized to access;
Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from the Services;
Develop or use any applications that interact with the Services without our prior written consent;
Bypass or ignore instructions contained in our robots.txt file; or
Use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

You may upload only User Content you have all necessary rights to disclose. You may not upload any User Content that:

Would violate any law or regulation;
May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
Contains any private or personal information of a third party without that party's consent;
Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying the Services, or may expose Pergamon Labs or others to any harm or liability of any type.

Enforcement of this Section is in Pergamon Labs' sole discretion, and a decision not to enforce it in one instance does not waive our right to enforce it in others. This Section does not create any private right of action on the part of any third party.

6. Ownership; Limited License

The Services—including text, graphics, images, photographs, videos, illustrations, documents, work product, and other content and materials contained therein or otherwise provided to you in connection with the Services—are owned by Pergamon Labs or our licensors and are protected under the laws of Canada and other jurisdictions. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, non‑sublicensable, revocable license to access and use the Services. Any use of the Services other than as specifically authorized herein, without our prior written permission, is prohibited, will terminate the license granted herein, and may violate our intellectual property rights.

7. Trademarks

Pergamon Labs Inc. and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of Pergamon Labs and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

8. Feedback

You may voluntarily submit questions, comments, suggestions, ideas, original or creative materials, or other information about Pergamon Labs or the Services (collectively, "Feedback"). We may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in our sole discretion. We may treat Feedback as non‑confidential.

9. Third‑Party Content

We may provide information about third‑party products, services, activities, or events, or allow third parties to make their content and information available on or through the Services (collectively, "Third‑Party Content"). We provide Third‑Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third‑Party Content are solely between you and the third party. Pergamon Labs does not control or endorse, and makes no representations or warranties regarding, any Third‑Party Content, and your access to and use of such Third‑Party Content is at your own risk.

10. Indemnification

To the fullest extent permitted by law, you will indemnify, defend, and hold harmless Pergamon Labs and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the "Pergamon Parties") from and against any losses, liabilities, claims, demands, damages, expenses, or costs (collectively, "Claims") arising out of or related to: (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly cooperate with the Pergamon Parties in defending such Claims and to pay all fees, costs, and expenses associated with defending such Claims (including reasonable attorneys' fees). The Pergamon Parties will control the defense or settlement, at Pergamon Labs' sole option, of any third‑party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Pergamon Labs or the other Pergamon Parties.

11. Disclaimers

Your use of the Services is at your sole risk. Except as otherwise provided in a writing by us, the Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non‑infringement. In addition, Pergamon Labs does not represent or warrant that the Services are accurate, complete, reliable, current, or error‑free. While we strive to make your use of the Services safe, we cannot and do not represent or warrant that the Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

12. Limitation of Liability

To the fullest extent permitted by law, Pergamon Labs and the other Pergamon Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages, or lost profits, even if advised of the possibility of such damages.

The total liability of Pergamon Labs and the other Pergamon Parties for any claim arising out of or relating to these Terms or the Services, regardless of the form of the action, is limited to the greater of CAD $100 or the amount of fees you paid to use the Services in the 12 months preceding the event giving rise to the claim.

The limitations in this Section do not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Pergamon Labs or for any other matters in which liability cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

13. Release

To the fullest extent permitted by law, you release Pergamon Labs and the other Pergamon Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.

14. Publicity

You agree that Pergamon Labs may use your trade names, trademarks, service marks, logos, domain names, and other distinctive brand features in presentations, marketing materials, customer lists, financial reports, and website listings for the purpose of advertising or publicizing your use of the Services. Upon our request, you agree to reasonably cooperate to produce and publish a public reference, case study, and/or quote regarding your use of the Services for Pergamon Labs' marketing and publicity purposes.

15. Disputes; Governing Law; Arbitration; Class Waiver (to the extent permitted by law)

These Terms and any dispute or claim arising out of or in connection with them or the Services (including non‑contractual disputes or claims) are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict‑of‑laws rules.

Except for small‑claims matters or claims for injunctive relief, any dispute or controversy arising out of or relating to these Terms or the Services shall be finally resolved by binding arbitration seated in Toronto, Ontario, under the ADRIC Arbitration Rules then in effect, before a single arbitrator. The arbitration shall be conducted in English. Judgment on the award may be entered in any court of competent jurisdiction. The Arbitration Act, 1991 (Ontario) applies to the arbitration.

Class and Representative Actions: To the extent permitted by law,each party waives the right to participate in a class, consolidated, or representative action or proceeding, and agrees that any proceedings will be conducted only on an individual basis.

Carve‑Outs and Consumer Exceptions: Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information. If you are a consumer and applicable law prohibits mandatory arbitration or class action waivers (including in certain Canadian provinces), the foregoing arbitration and class‑waiver provisions do not apply to you.

Opt‑Out: You may opt out of mandatory arbitration by emailing [email protected] within 30 days after you first accept these Terms, stating your full name and your clear intent to opt out.

16. Miscellaneous

These Terms, together with our Privacy Policy and any order forms you complete while registering or paying for the Services, constitute the entire agreement between you and Pergamon Labs relating to the Services. These Terms may not be modified except (a) in a writing signed by both parties; or (b) by our posting of updated Terms as described above.

If any provision of these Terms is held unlawful, void, or unenforceable, that provision is deemed severed and the remaining provisions remain in full force and effect. Our failure to exercise or enforce any right or provision under these Terms is not a waiver of such right or provision. Any waiver by Pergamon Labs must be in writing and applies only to the specific instance identified.

You may not assign these Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise, without our prior written consent. We may assign these Terms without your consent to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.

Language / Langue: The parties confirm their express wish that these Terms and all related documents be drawn up in English. Les parties confirment leur volonté expresse que les présentes modalités ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. If you carry on business in Québec, you may be required to provide a French version or a French‑first version of certain agreements where required by law.

Contact: Pergamon Labs Inc. · Email: [email protected]