Welcome to the website of LettrLabs. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.
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LettrLabs, Inc., a Delaware corporation (“LettrLabs”, “us”, or “we”) owns and operates this website and any other web services or products offered by LettrLabs now or in the future, including, but not limited to, its related social media platforms. By accessing, using, downloading, viewing this website, or any of its products or services (collectively, the “Site”), you hereby consent and agree to these terms and conditions, and any other terms incorporated into or referenced here, (“Terms & Conditions”), inclusive of Terms of Use and Terms of Sale Below. Your use of our Site and/or Services (defined below) is also subject to our Privacy Policy (please see here). You hereby acknowledge and agree you have read and understand the Privacy Policy.
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These Terms & Conditions constitute a legally binding agreement made by and between LettrLabs and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”).
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BY ACCESSING OR USING ANY PART OF THE SITE, PRODUCTS, OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS & CONDITIONS, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIMITATIONS OF LIABILITY.
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If you do not agree to these Terms & Conditions and to follow all applicable laws, then please cease access or use of the Site and Services immediately.
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If you have any questions about these Terms & Conditions, please contact us by email at info@lettrlabs.com
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I. Terms of Use

These Terms of Use (these “Terms of Use”) are entered into by and between LettrLabs, Inc., a Delaware corporation (“LettrLabs”), and you, the undersigned customer. By accessing our Site or using our Services, you agree to be bound by these Terms of Use, which governs your use of the Site, and other materials and resources provided by the Site, and any other services or products we make available on this Site (collectively, the “Services”). Your use of our Services is also subject to our Privacy Policy (https://www.lettrlabs.com/company/privacy-policy). You hereby acknowledge and agree you have read and understand the Privacy Policy.
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1. Content on the Site

Intellectual Property Rights. You agree that the Site itself, as well as all content, photographs, sound or videos, media, images, formulas, graphics, webinars, training materials, products, podcasts, services and/or other information and materials, and selection and arrangements thereof which are made available on the Site or any information, materials, and content transferred via a downloadable file or link by us or other third parties (collectively the “Content”) are copyrighted work under the United States and other copyright laws, and is the property of or licensed by LettrLabs. All trademarks, service marks, and trade names (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to LettrLabs or other respective owners that have granted LettrLabs the right to use such Marks. Subject to your compliance with these Terms of Use, we hereby grant you a limited, non-exclusive, non-transferable, and non-sublicensable, and revocable right to access, view, and use the Site solely for your personal purposes and non-commercial use, and as we otherwise intend. LettrLabs reserves the right to monitor the Services and Content for the purpose of determining that your usage complies with these Terms of Use.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on our Site in whole or in part, other that as necessary for your own personal non-commercial use, without our written consent. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of LettrLabs, as well as any other authors who created the materials, and may be subject to monetary damages and penalties.
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Third-Party Content. Our Site contains Content that we create, and may also include Content provided by third parties. We do not monitor, endorse, and we are not liable for any third-party content. There may be some inadvertent inaccuracies or errors in the content provided by third parties and we do not guarantee the accuracy, integrity, completeness or quality of the third-party content on our Site or located at third party URLs that may be posted on our Site. LettrLabs is not responsible for the content on any linked site or any links contained in a linked site. We do not endorse or accept responsibility for the content of such third-party sites.
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Third-Party Services. Third parties may offer their services directly to you through the Site. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. LettrLabs will not be liable in any way for the acts or omissions of such third party, their terms of service or privacy policy or their failure to adhere to their terms of services or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products.
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2. Your Conduct on the Site

Eligibility. To use the Site, you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms of Use. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.
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Account Information. If you create an account, any information that you choose to provide us must be true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including, without limitation, failure to maintain updated and correct information about your account or if you cause your account to fall out of good standing, we may cancel your account in our sole discretion. When you register with LettrLabs and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from LettrLabs.
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Feedback. If you send comments or suggestions about the Site to LettrLabs, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of LettrLabs. No submission shall be subject to any obligation of confidence on the part of LettrLabs. LettrLabs shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
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Prohibited Conduct. You agree not to copy or imitate the appearance, design or style of our Site or any Content. The technology and software underlying our Site and the Services are the property of LettrLabs, our affiliates and/or our business partners. You agree that you will not use our Site or its Content to take any of the following actions:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of LettrLabs or any other person or entity;
• Use the Service or Site commercially;
• Reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law);
• Interfere with or damage the Services, Site, or underlying any technology;
• Impersonate or misrepresent your identity or affiliation;
• Attempt to obtain unauthorized access to the Services or Site;
• Violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms;
• Violate any law, rule, or regulation;
• Transmit executable programming or corrupted files of any kind, including viruses, spyware, trojan horses, Easter eggs or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Site, software or hardware, third party websites or telecommunications equipment;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software posted or contributed content or other material; or
• Engage in any illegal activities.

Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms of Use will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site.
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3. Privacy Policy

All of the information that we collect from you, such as your e-mail address and related personal information and credit card information, is subject to our Privacy Policy. LettrLabs’s Privacy Policy (which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) is incorporated into and is a part of these Terms of Use. Please see our full privacy policy here.
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4. DMCA Copyright Infringement and Take-Down Policy

Infringement Notification. LettrLabs respects the rights of others and we expect users of our Site and Services to do the same. These Terms of Use prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
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How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email to: info@lettrlabs.com

Send such notice with the information that sets forth the items specified below:

• Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
• Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit LettrLabs to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
• Include details of your claim to the material, or your relationship to the material’s copyright holder.
• Provide your full name, address, and telephone number should we need to clarify your claim.
• Provide a working email address where we can contact you to confirm your claim.
• If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
• If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
• Sign the document, physically or electronically.
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ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA. Please note that you may be liable for damages, including but not limited to costs and attorneys’ fees, under the DMCA if you knowingly materially misrepresent: (a) that material on the Site infringes upon your copyright; or (b) that material on the Site was removed or disabled by mistake or misidentification. If a user is found to be an infringer of the copyright rights of others, LettrLabs may terminate access to the user’s account.
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5. Disputes

Subject to applicable law, you and LettrLabs agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, any breach, enforcement, or termination of these Terms of Use, or otherwise relating to LettrLabs in any way will be resolved in accordance with the provisions set forth in this Section.
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Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at info@lettrlabs.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
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Arbitration. These Terms of Use and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms of Use and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
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Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same LettrLabs user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
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Exceptions. There are only two exceptions to this arbitration agreement:

First, if a party reasonably believes that the other party has in any manner infringed or threatened to infringe the intellectual property rights of the other party, the party who owns the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.

Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court within the United States, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
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Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, LettrLabs will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, LettrLabs is relieved of its obligation to reimburse you for any fees associated with the arbitration.
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Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms of Use to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against LettrLabs prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and LettrLabs. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
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Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and LettrLabs must be resolved exclusively by a state or federal court located in Cook County, Illinois. You and LettrLabs agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or disputes.
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OPT-OUT. IF YOU ARE A NEW LETTRLABS USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO info@lettrlabs.com ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF SERVICE FOR THE FIRST TIME. IF YOU ARE NOT A NEW LETTRLABS USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS OF SERVICE TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.

Procedure. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to: info@lettrlabs.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of the agreement and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

WAIVER. BY AGREEING TO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
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6. Indemnification

You hereby agree to indemnify, defend and hold LettrLabs and all of our officers, directors, mangers, members, employees, agents, information providers, affiliates, partners, and licensors (“LettrLabs Party,” or collectively, the “LettrLabs Parties”) harmless from and against any and all liability, claims, damages, losses, costs, and expenses, including attorneys' fees, incurred by any LettrLabs Party arising from, related to, or in connection with (a) a violation of any provision of these Terms of Use by you; or (b) arising from, related to, or connected with your violation of the rights of LettrLabs or any other person or entity. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive these Terms of Use and your use of the Site.
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7. Warranties & Disclaimers

Service Outages and Force Majeure. Unless you have greater rights in a separate signed agreement with us, we disclaim to the fullest extent permitted by law any service outages that are caused by our maintenance on the servers or the technology that underlies our Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. Under no circumstances shall LettrLabs or its licensor or service providers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. This provision is not intended to disclaim liability that LettrLabs may not disclaim under law.
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USE OF SITE AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT OR COURSES ON OUR SITE. OUR SITE, CONTENT AND SESSIONS ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKES ANY WARRANTY THAT (I) OUR SITE, SERVICES, OR COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, COURSES, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT AND COURSES. LETTRLABS ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS. NEITHER WE NOR OUR AFFILIATES OR BUSINESS PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT LETTRLABS MAY NOT DISCLAIM UNDER APPLICABLE LAW.
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NO RESPONSIBILITY FOR THIRD-PARTY PRODUCTS SERVICES AND MATERIALS. LETTRLABS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND LETTRLABS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. LETTRLABS WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
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8. Limitation of Liability

NO CONSEQUENTIAL DAMAGES. IN NO EVENT, AS PERMITTED BY THE FULLEST EXTENT OF APPLICABLE LAW, WILL LETTRLABS, AND LETTRLABS PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES, COURSES, PODCASTS, CONTENT OR PRODUCTS, EVEN IF LETTRLABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT LETTRLABS MAY NOT EXCLUDE UNDER APPLICABLE LAW.
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OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICES OR PRODUCTS TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT LETTRLABS MAY NOT EXCLUDE UNDER APPLICABLE LAW.
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Term. These Terms of Use are effective unless and until terminated by us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice.
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Suspension and Termination. We may deny you access to all or part of the Site at any time for any reason (including if you violate these Terms of Use, as determined in our sole and absolute discretion) or no reason at all.
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Survival. If we terminate your right to access the Site, these Terms of Use will terminate and all rights you have to access the Site will immediately terminate. The following provisions will survive termination: Intellectual Property, Indemnification, Payment Obligations, Warranties and Disclaimers, Limitations of Liability, Dispute and any and all others that by their sense and context are intended to survive the termination or expiration of the Terms of Service shall survive.
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II. Terms of Sale

These Terms of Sale (these “Terms”) are entered into by and between LettrLabs, Inc., a Delaware corporation (“LettrLabs”), and you, the undersigned customer. By signing these Terms, and/or by purchasing products or Services (“Products”) from LettrLabs, you agree to be bound by these Terms, which, in connection with the terms of any Purchase Orders, set forth the Terms & Conditions under which LettrLabs sells and supplies the Products and/or Services to you. These Terms are part of and incorporate our website Terms of Use (https://www.lettrlabs.com/company/terms). With respect to the purchase of Product and Services these Terms shall control. All other provisions of the Terms of Use remain in full force and effect. All capitalized words not defined here have the same meaning and definition as found in our Terms of Use. Your use of our Services is also subject to our Privacy Policy (https://www.lettrlabs.com/company/privacy-policy). You hereby acknowledge and agree you have read and understand the Privacy Policy.
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1. Purchase Orders

You agree to purchase Products and/or Services from LettrLabs as outlined in certain purchase orders as detailed on the LettrLabs website and check-out page, or other writings agreed to by the parties from time to time, each referred to as a “Purchase Order”. These Purchase Orders shall specify the Products and/or Services to be purchased, quantities, prices, delivery schedules, and other relevant terms and conditions. The terms of each Purchase Order shall be incorporated into and governed by these Terms by reference. To the extent that there is a conflict between the Purchase Order and these Terms, the Purchase Order shall apply only to the extent the section of these Terms intended to be amended is specifically referenced by number.
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2. Delivery and Shipping Terms

You are responsible for all shipping costs associated with purchases as specified in the Purchase Order. Unless otherwise agreed, LettrLabs will use a reasonable carrier selected by LettrLabs to deliver the Products, and different delivery tier options may be available if specified on the Purchase Order. The risk of loss passes to you upon delivery of the Products to the carrier. LettrLabs is not liable for non-delivery due to factors outside of its control. For Product orders with individual letters sent to your individual customers, LettrLabs cannot guarantee fulfillment. LettrLabs’s obligations are fulfilled upon delivery to the carrier, which may be confirmed at your request.
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3. Specifications; Quality

LettrLabs will manufacture the Products based on specifications provided by you in the applicable Purchase Order. You must provide accurate and complete information, and LettrLabs is not liable for any defects resulting from incomplete or incorrect information provided by you. Production and delivery timelines are estimates and subject to change, though expedited options may be available. Note, LettrLabs intentionally adds slight variations and imperfections to letters to achieve an authentic hand-written look, and these variations are considered compliant with the Product specifications.
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4. Non-Conforming Delivery

If you find any non-conforming delivered Products, or shortage in delivered Products, you must inform LettrLabs within thirty (30) days, including reasonable documentation of the issue for LettrLabs’ review. If the non-conforming delivery is confirmed by LettrLabs in its sole and reasonable discretion, then LettrLabs will either make up the shortage or credit the amount against future orders within sixty (60) days. Note, minor shortages or defects will not be considered a material breach of these Terms, but will still be remedied by LettrLabs as outlined in this provision. Intentional slight variations or imperfections added by LettrLabs are considered conformant and excluded from the credit provisions of this section.
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5. Cancellation of Purchase Order

Once a Purchase Order is placed, it cannot be refunded or returned without LettrLabs advance written consent. For the avoidance of any doubt, in the event of LettrLabs failing to fulfill the order as agreed in the Purchase Order, you will be entitled to the remedies identified above in connection with non-conforming deliveries.
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6. Purchase Price

• LettrLabs will provide Products to you for the “Purchase Price” identified on the Purchase Order, which may be a single or recurring order, as stated in the Purchase Order. Prices are confidential and should not be disclosed to any unrelated party.
• LettrLabs reserves the right to change prices for future orders or subscription renewals and will notify you in advance of such changes.
• Subscription orders generally include fixed rates set throughout the term of your subscription commitment, and you may expand the scope of your subscription orders at the same rates during such subscription period upon request, subject to LettrLabs’s confirmation. Notwithstanding the foregoing, LettrLabs reserves the right to increase prices associated with a current subscription in connection with any increase to the cost of postage during such subscription. Also, month-to-month subscriptions are subject to billing increases anytime upon notice from LettrLabs.
• All prices are exclusive of sales, use, and excise taxes, and any other similar charges, which you are responsible for. Any such tax may be added to an invoice subject to the Purchase Order.
• LettrLabs software services associated with the Products and/or Services are quoted and billed separately, and may include different tiers and feature options as specified on the Purchase Orders.
• LettrLabs will bill you as outlined in each Purchase Order and as otherwise specified in these Terms. You authorize automatic billing on any stored bank accounts or cards, including for recurring subscriptions. If you join a free trial, billing will start after the trial.
• Purchase Orders may be amended or replaced with mutual written agreement of the parties only.
• You must inform LettrLabs of any disputed invoices within thirty (30) days from invoice date or date of transmission, whichever is later. All charges not disputed will be considered undisputed and must be paid as stated above. You cannot withhold payment due to any disputes.
• Payments made through ACH payment are not subject to surcharges. Payments made with a credit card are subject to a 3% surcharge.
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7. Subscriptions

Some Purchase Orders may involve a recurring subscription with a set minimum commitment period, typically quarterly, half-yearly, or annually, as specified in the Purchase Order. In such cases, you must fulfill the entire subscription period and make all associated payments associated with that subscription period. If you terminate the subscription before the end of the minimum period, you are still responsible for paying the remaining balance in full. Subscription fees are non-refundable and are applied directly to the purchase of Products associated with the Purchase Order relevant to the subscription. Subscription renewals will occur automatically for the same term duration as the original subscription unless canceled in advance. For subscription commitments lasting longer than one month, you may cancel your subscription at any time with at least 30 days’ notice before the end of the current period and remain obligated for outstanding payments through the term. For month-to-month subscriptions, you may cancel your subscription at any time with at least 1 day’s advance notice before the end of the current period. If there are any inquiries regarding an existing subscription or cancellation, you can contact LettrLabs at Billing@LettrLabs.com.
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8. Volume Commitments

1. Certain subscriptions may include volume commitments, allowing you to secure set pricing for Products over a specific period (a “Volume Commitment”). With a Volume Commitment, in exchange for a discounted Product rate, you agree to a minimum spend commitment throughout the subscription period on a fixed schedule, with the option to purchase additional Products at the same rate during the term of that subscription.
2. Such commitments function similarly to subscriptions, with automatic periodic billing as specified in the relevant Purchase Order, however, each amount billed is treated as a non-refundable deposit which you can apply toward Product orders during the subscription period. Accordingly, such deposits do not automatically result in Product purchases until Products are purchased by you using such deposits.
3. For instance, a $12,000 annual Volume Commitment would be billed at $1,000 per month, and each payment made can be applied for Product orders during the subscription period.
4. Once the minimum commitment spend is met, auto-billing ceases, but you may continue ordering Products at the same fixed rate until the subscription period expires.
5. Subscriptions with Volume Commitments will automatically renew under the same terms plus 3% and for the same period at the end of each subscription, unless modified by LettrLabs in advance, and unless terminated by you with at least 30 days advance notice prior to the end of the subscription period.
6. At the end of each subscription period, any unused Volume Commitment deposits associated with that subscription term are forfeited, non-refundable, and do not roll over into the new subscription period, unless otherwise authorized by Lettrlabs in writing.

9. Intellectual Property Rights for the Terms

1. Intellectual Property Ownership. You will exclusively own the data and tangible deliverables you provide and intellectual property rights herein, subject to (as applicable and further described below): (i) pre-existing/independently developed materials and (ii) Tools and Underlying Elements (as defined below). LettrLabs will retain ownership of its platform, methodologies, software, templates, tools and aggregated/anonymized analytics (the “Tools and Underlying Elements”). Both Parties shall maintain ownership over their respective pre-existing intellectual property/independently developed materials. For the avoidance of doubt, while you own the fixed final form of your tangible deliverables, LettrLabs retains ownership of and the right to re-use any and all platform, methodologies, software, templates, tools, frameworks, and reusable elements used to create these tangible deliverables, including those developed specifically for you, but retains no right to use your pre-existing/independently developed materials, or your logos or marks except for the delivery of the Services and Products.
2. Your Intellectual Property License. You grant LettrLabs a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display your intellectual property related to the Services. This license is solely for the purpose of performing under these Terms and providing the Products as described. LettrLabs has the right to use your intellectual property to modify, manufacture, produce, and deliver the Products as per these Terms.
3. Developed Intellectual Property Ownership. Lettrlabs shall own all right and title to its Products as well as any pre-existing intellectual property and derivative works thereof. LettrLabs grants you a non-exclusive, worldwide, royalty-free license to use the Tools and Underlying Elements and any of LettrLabs’s pre-existing intellectual property, solely for the purpose of using the Products as intended under these Terms.
4. Restricted Use of Developed Content and LettrLabs Data. You are not allowed to use, license, assign, or sell LettrLabs’s work product developed under these Terms to create any assets or content independently. This includes using designs or templates for printing or marketing purposes with other platforms or providers without LettrLabs’s express written consent. Additionally, you cannot use, license, assign, or share any data provided by LettrLabs for any outside purpose without written consent.
5. Business Portfolio Usage. You grant LettrLabs the right to reference you, your logo, and LettrLabs’s services in LettrLabs’s business portfolio and marketing materials for promoting their products and services. In the future, both Parties may agree to a detailed case study that includes performance data and other authorized content.

10. Confidential Information

All information disclosed by LettrLabs or its affiliates to you, or by you to Lettrlabs or its affiliates, including these Terms, whether orally, in writing, or electronically, and marked as “confidential,” is solely for the purpose of performing these Terms and must not be disclosed or copied without prior written authorization from the Disclosing Party (as defined below). Each party receiving confidential information shall be referred to as a “Receiving Party” and each party disclosing confidential information shall be referred to as a “Disclosing Party.” The Receiving Party must promptly return all materials received from the Disclosing Party upon request. The Disclosing Party reserves the right to seek injunctive relief if this provision is violated. This provision does not apply to information in the public domain, known to the Receiving Party prior to disclosure, or obtained from a third party on a non-confidential basis.
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11. Disclaimer of Warranty under the Terms

LettrLabs assures you that the Product will meet its specifications outlined in the Purchase Order and will be free of material defects upon delivery, and you acknowledge and agree that minor imperfections are inherent to the manufacturing process and are considered in conformity with the agreed-upon specifications. However, LettrLabs and its affiliates(s) do not provide any other warranties, whether express or implied. This includes but is not limited to any implied warranties of merchantability or fitness for a specific purpose. LettrLabs and its affiliates(s) explicitly disclaim any guarantee of particular marketing performance or profits associated with the use of the Product or Services. Furthermore, LettrLabs is not liable for any damages, delays, or failures in performance caused by the actions or omissions of third-party service providers, such as those managing third-party accounts on your behalf. You acknowledge that LettrLabs is not responsible for the actions or inactions of these third-party service providers. Additionally, LettrLabs warrants that, to the best of its knowledge, the content developed under these Terms does not infringe upon any intellectual property or other rights of third parties. However, LettrLabs does not guarantee the non-infringement of third-party rights.
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12. Additional Services Terms

In addition to our Products, LettrLabs offers a variety of Services, including consulting, account management, and design services, and we agree to provide such Services to the extent specified in a Purchase Order. We are committed to supporting your marketing efforts through these Services, however, we make no warranties or guarantees regarding the accuracy or usefulness of the data provided, and you are ultimately responsible for reviewing and approving all campaign materials and strategies. We are not liable for any mistakes, oversights, or errors in execution following your review and approval. All such Services are provided as-is.
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13. Representations and Warranties by You

You represent and warrant (i) that you have all necessary rights and authority to enter into these Terms, and that there are no conflicts or legal impediments to you fulfilling your obligations; (ii) that you will comply with all applicable laws, including, without limitation, federal and state advertising regulations related to these Terms; and (iii) you have all necessary rights to license your intellectual property to LettrLabs and that it does not violate any third party’s intellectual property rights.
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14. Representations and Warranties by LettrLabs for the Terms

Lettrlabs represents and warrants that it has all necessary rights and authority to enter into these Terms, and that there are no conflicts or legal impediments to Lettrlabs fulfilling its obligations.

Due to the potentially diverse use of the Products in different jurisdictions and for various purposes, we cannot guarantee absolute compliance with all laws and regulations. Therefore, any representations or warranties regarding compliance are expressly disclaimed by us. It is your responsibility to comply with all relevant laws, regulations, and ordinances when using our Products, including any trade restrictions and anti-bribery laws. In the event that any governmental authority imposes penalties, such as antidumping or countervailing duties, on our Products, LettrLabs reserves the right to terminate this engagement. For the avoidance of doubt, LettrLabs makes no representation or warranty with regard to your independently developed materials or intellectual property, or their fitness and compliance with all relevant laws, regulations, and ordinances independently or in conjunction with our Products and Services.
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15. Termination of the Terms

In addition to any remedies that may be provided under these Terms, LettrLabs or its affiliates(s) may terminate these Terms with immediate effect upon written notice to you, if you: (i) fail to pay any amount when due under these Terms and such failure continues for thirty (30) days after your receipt of written notice of nonpayment; (ii) have not otherwise performed or complied with any of these Terms, in whole or in part; or (iii) become insolvent, file a petition for bankruptcy or commence or have commenced against you proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
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16. Performance Data

LettrLabs may track and compile its performance and the performance of the Products and Services purchased under these Terms. This includes tracking the completion of Product orders placed by LettrLabs’s customers, including yourself, and measurable metrics such as effectiveness, business value, and marketing reach (the “Performance Data”). You grant LettrLabs an irrevocable, perpetual, fully paid-up license to use, store, sublicense, reverse engineer, reproduce, display, distribute, and modify the Performance Data for lawful purposes. However, the Performance Data will be anonymized, and LettrLabs will not disclose your identity or the identity of your customers as the source of the Performance Data to any third party. LettrLabs will maintain commercially reasonable administrative, technical and physical safeguards designed to protect the Performance Data and comply with applicable privacy laws. To the extent LettrLabs processes personal data on your behalf in connection with the Products and/ or Services, such processing will be governed by the Data Processing Addendum available here, which is incorporated into these Terms by reference.
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17. Miscellaneous

1. Neither party is liable for any delays or failures in fulfilling its obligations under these Terms due to circumstances beyond its control. These may include acts of God, natural disasters, governmental actions, war, terrorist threats, civil unrest, epidemics, labor disputes, or supply chain disruptions. Neither party will be considered in breach of these Terms nor responsible for any resulting damages or losses.
2. LettrLabs reserves the right to cancel any Purchase Order if you are insolvent, file for bankruptcy, appoint a receiver or trustee, or execute an assignment for the benefit of creditors. We may also require full or partial payment or adequate assurance of performance. Additionally, we reserve the right to suspend our Services until payment or assurance is received, and to cancel your credit at any time for any reason.
3. You may not assign any of your rights or delegate any of your obligations under these Terms without the prior written consent of LettrLabs. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. LettrLabs may freely assign this contract to a successor in interest without any further consents from you.

III. General Terms

1. No Waiver; Severability

Our failure to exercise or enforce any right or provision of these Terms & Conditions will not constitute a waiver of such right or provision, and our failure to exercise or enforce any right or remedy in these Terms & Conditions does not waive that right or remedy. If any part of these Terms & Conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms & Conditions shall continue in effect. No waiver of any term of these Terms & Conditions will be binding unless in writing.
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2. Claim Time Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms & Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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3. Governing Law and Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms & Conditions or the transactions contemplated hereby shall be instituted exclusively in the federal courts of the United States of America or the courts of the State of New York in each case located in the city and county of Manhattan, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
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4. Headings

The provision titles in these Terms & Conditions are for convenience only and have no legal or contractual effect. These Terms & Conditions will not be construed against the drafter.
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5. Notice

You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address: info@lettrlabs.com
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6. Entire Agreement

These Terms & Conditions (and all terms and conditions incorporated herein) constitute the entire agreement between you and LettrLabs and govern your use of the Site and Services and supersede any prior agreements between you and LettrLabs on the subject matter. You may also be subject to additional terms when you use certain LettrLabs third party software, content, links, or websites. These Terms & Conditions, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms & Conditions, and any rights or licenses granted hereunder, may be assigned or delegated by LettrLabs without restriction. These Terms & Conditions bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms & Conditions may not be modified by an oral statement by a representative of LettrLabs. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms & Conditions. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
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7. Notice to California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
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8. Notice to Users Outside the United States of America

The Site is controlled and offered by LettrLabs from the United States of America. LettrLabs makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.