Last updated: 19.02.2024
1. Introduction & Acceptance of Terms
These Terms & Conditions (“Terms”) apply to all purchases, downloads, and uses of hardware devices, software solutions, data models, mobile and web applications, white-label solutions, and other products and services (collectively, the “Products”) offered by NIRLAB Forensics GmbH and its parent company, NIRLAB AG (collectively, “NIRLAB”). By accessing and using NIRLAB’s products, software, services, mobile and web applications, you agree to comply with and be bound by these Terms & Conditions. If you do not agree to these terms, please refrain from using our products and services.
2. Scope of Products
NIRLAB provides an integrated ecosystem of hardware and software solutions, specialized for the identification and quantification of substances and materials via Near-Infrared and Raman Spectroscopy. Our portfolio includes but is not limited to handheld NIR and Raman devices as well as advanced chemometric solution software, alongside mobile and web applications, designed to support professionals and chemometricians in tasks pertinent to data analysis and interpretation.
The mobile application by NIRLAB is compatible with both iOS and Android operating systems. Furthermore, our web application can be seamlessly accessed through most mainstream web browsers. For enterprises that require tailored solutions, we offer white-labeling services, allowing for customized implementations of our state-of-the-art products. In addition, NIRLAB extends consulting and project management services to cater to the diverse needs of our Clientele.
3. Offer and Acceptance
NIRLAB’s quotations and offers are subject to change and are non-binding. A contract will only be concluded when we issue a written invoice, an order confirmation, or carry out the delivery.
4. Registration
Some sections of our services may require registration. By registering, users agree to provide accurate and current information, and to promptly update this information if any changes occur.
5. Advice
Any advice rendered by NIRLAB is given to the best of our knowledge. Any advice and information with respect to suitability and feasibility and application of the products and software solutions shall not relieve the Customer from undertaking his own investigations and tests.
6. Licenses & Restrictions
All software components, including mobile and web applications, are licensed, not sold. Upon acquisition, you are granted a non-transferable, non-exclusive license to use the software for its intended purpose for a defined duration specified in the order confirmation. Unauthorized reproduction, modification, reverse engineering, or distribution of any software or application provided by NIRLAB is prohibited. The use of our products and services is strictly for lawful purposes. Users may not use our products to decipher, decompile, disassemble, reverse engineer, or attempt to derive any source code from our services. Software licensees have the right to use the NIRLAB software on a defined number of NIRLAB devices. Licensees, including all users, are not permitted to give third parties unlawful access to the software by making personal identification information available. Licensees are obliged to report any indications of unauthorized access to or misuse of the software by third parties immediately.
7. Intellectual Property
All content, trademarks, services marks, trade names, logos, and icons are proprietary to NIRLAB. Nothing contained on the platform should be construed as granting any license or right to use any trademark displayed on this platform without the written permission of NIRLAB.
8. Mobile & Web Applications
8.1 · iOS and Android T&C
Users must agree to app store terms and conditions (for iOS and Android) when downloading the mobile application. The web application requires an active internet connection for optimal functionality.
8.2 · Availability
While NIRLAB strives to ensure the mobile and web applications are available 24/7, there may be times when they are unavailable due to maintenance or other unforeseen circumstances. NIRLAB does not guarantee uninterrupted or error-free access to its applications and shall not be liable for any downtime experienced. NIRLAB will provide support services during normal service hours (Monday to Friday, 9am to 5pm) in the event of emergencies and short-term system failure. Planned maintenance will be communicated in advance with sufficient lead time and will take place outside service hours. Notwithstanding the foregoing, NIRLAB is not responsible for any delays, delivery failures, or and other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, and Licensees acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
Service Hours: Mon-Fri: 9:00 – 17:00 (CET)
Support Email: contact@nirlab.com
8.3 · Updates
NIRLAB may release updates for its mobile and web applications from time to time. Users are encouraged to always use the latest version for the best experience. While updates are meant to improve the application, NIRLAB cannot guarantee that every update will be compatible with all hardware or software combinations.
8.4 · User Data
Users are responsible for all data they input or upload to the mobile and web applications. While NIRLAB takes measures to ensure the security and confidentiality of this data, users should always keep backups of their important information.
8.5 · Third-party Integration
Some features may depend on third-party services or platforms. NIRLAB is not responsible for any malfunction, non-compatibility, or downtime of such third-party services.
8.6 · Restrictions
Users are prohibited from: (i) exploiting any part of the applications for commercial purposes without express consent from NIRLAB; (ii) conducting any activities that may harm or disrupt the servers or networks connected to the applications.
8.7 · Liabilities
NIRLAB shall not be held liable for any direct, indirect, consequential, or other damages resulting from the use or inability to use the mobile or web applications. This includes but is not limited to data loss, financial loss, or disruption in service.
8.8 · Limitation of Liability for Analysis Accuracy
While NIRLAB endeavors to provide accurate and reliable analysis through our devices, we do not guarantee that the analysis results will be 100% accurate at all times. The performance of our devices may be influenced by various factors, including but not limited to the nature of the substance being analyzed, environmental conditions, device maintenance, and user operation. As such, NIRLAB, its affiliates, distributors, directors, employees, agents, licensors, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if NIRLAB has been advised of the possibility of such damages), resulting from the use or the inability to use the device or reliance on the analysis results provided by the device.
Users acknowledge and agree that they assume full responsibility for their use of the device and the interpretation and application of the analysis results. NIRLAB strongly recommends that decisions based on the device’s analysis should be used in conjunction with other forms of testing and analysis as appropriate for the specific context and requirements. By using this device, users agree to indemnify and hold harmless NIRLAB from any claims, damages, losses, liabilities, costs, and expenses (including attorney’s fees) arising from or related to the misuse of the device or reliance on its analysis results.
This limitation of liability is a fundamental element of the basis of the agreement between NIRLAB and the user. NIRLAB would not provide its products and services without such limitations. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you to the extent such jurisdiction’s law is applicable to this agreement.
8.9 · Termination
NIRLAB reserves the right to suspend or terminate user access to the applications if the user breaches these terms, engages in illegal activity, or uses the applications in a manner that may cause harm to NIRLAB or other users.
8.10 · Permissions
The mobile application may request certain permissions on users’ devices for full functionality. Users are free to deny these permissions, but certain features might be unavailable as a result.
9. White-Label Solutions
Businesses acquiring white-label solutions from NIRLAB have the right to brand and market the solution as their own, subject to the agreements set during the acquisition.
Extent of customization, pricing, support, updates, and maintenance for white-label solutions will be governed by separate agreements made at the time of purchase.
10. Consulting and Project Management Services
Consulting and project management services will be provided based on individual Customer needs. Terms of service, pricing, and deliverables will be detailed in separate agreements or contracts.
11. Payment & Pricing
11.1 · Currency
All prices are in CHF (Swiss Franc) and exclusive of any taxes or duties unless otherwise stated.
11.2 · Payment terms
Unless expressly agreed in writing, all orders and services availed from NIRLAB require advanced payment. Payment for Products must be made via methods specified in the order invoice.
11.3 · Payment default
Failure to pay the purchase price by the due date constitutes a fundamental breach of contractual obligations. In the event of a default in payment by the Customer, NIRLAB is entitled to cancel, stop, or suspend access to our Products.
11.4 · Taxes
Any applicable taxes, duties, or additional charges related to the transaction will be borne by the customer unless otherwise specified by NIRLAB.
11.5 · Subscription
The subscription terms will be specified in your Order, and, unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the subscription term, or one year.
11.6 · Alteration
If NIRLAB’s prices or terms of payment are generally altered between the date of contract signing and dispatching, NIRLAB may apply the price or terms of payment in effect on the date of dispatch. In the event of a price increase, the Customer is entitled to withdraw from the contract by giving notice to NIRLAB within 14 days after notification of the price increase.
12. Delivery and Damage in Transit
12.1 · Shipping and Handling
Unless otherwise agreed by the customer and NIRLAB, delivery of the hardware shall be made in accordance with the order.
12.2 · Delivery time
While NIRLAB endeavors to dispatch products as soon as possible, the estimated delivery time provided at the time of order is an approximation. NIRLAB will not be liable for any losses, liabilities, costs, damages, charges, or expenses arising out of late delivery. We are entitled to make partial deliveries, unless a partial delivery is unreasonable for the customer.
12.3 · Packaging
Devices will be packaged in accordance with industry standards to ensure they are protected during transit.
12.4 · Delivery Confirmation
Upon receiving the package, customers may be required to sign a delivery confirmation. Failure to do so may absolve NIRLAB from any liability for lost or stolen items. In the case that the customer does not accept the goods at the agreed place of delivery or refuses to accept the goods, we shall be entitled to store the goods at the customer’s expense and to claim damages for delay and/or storage costs.
12.5 · International Shipping
For deliveries outside of Switzerland, customers are responsible for import duties, fees, and taxes.
12.6 · Inspection upon Receipt
Customers are urged to inspect the device immediately upon receipt. Any visible damage or defects should be reported to NIRLAB within 7 days of delivery.
12.7 · Claims
Damage claims reported after the specified period may not be honored. When reporting a damage claim, the customer must provide evidence of the said damage (e.g., photos) and any other relevant information requested by NIRLAB.
12.8 · Storage
The customer shall store the hardware device properly and in accordance with NIRLAB’s instructions.
12.9 · Warranty
Devices come with a manufacturer’s warranty, the specifics of which will be provided with the product. This warranty primarily covers manufacturing defects and does not cover damage resulting from misuse, neglect, accidents, modification, or repairs not authorized by NIRLAB. In no event shall NIRLAB have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of normal wear and tear, accident, disaster or event of force majeure, misuse, fault or negligence of or by the Customer, use of the Products in a manner for which they were not designed, causes external to the Products such as, but not limited to, power failure or electrical power surges, improper storage and handling of the Products or use of the Products in combination with equipment or software not supplied by NIRLAB.
12.10 · Liability
NIRLAB’s liability for damaged or defective devices is limited to the repair, replacement, or refund of the device at NIRLAB’s discretion. NIRLAB shall not be liable for any consequential, indirect, or incidental damages, including but not limited to loss of profits, data, or other losses resulting from the use of the device.
12.11 · Returns
Any returns must be authorized by NIRLAB and may be subject to restocking fees. Devices must be returned in their original packaging with all accessories and documentation.
13. Limitation of Liability
NIRLAB shall not be liable for any indirect, special, incidental, or consequential damages arising out of the use or inability to use the Products, beyond the amount paid for the product.
- Limitation of Liability
NIRLAB shall not be liable for any indirect, special, incidental, or consequential damages arising out of the use or inability to use the Products, beyond the amount paid for the product.
14. Data Protection & Privacy
14.1 · Swiss data protection regulations
All user and personal data collected by NIRLAB will be treated in compliance with applicable Swiss data protection regulations.
14.2 · Collection of Data
NIRLAB may collect and store personal data that you provide to us when using our Products. This data may include, but is not limited to, your name, email address, postal address, phone number, company name, job title, and any other information you provide voluntarily.
14.3 · Use of Data
The data collected is used to facilitate the delivery of our Products and services, process transactions, communicate with you about orders, products, services, and promotional offers, update our records, and generally maintain your accounts with us. We also use this data to improve our platform, prevent or detect fraud or abuses of our website and applications, and enable third parties to carry out technical, logistical, or other functions on our behalf.
14.4 · Data Sharing
NIRLAB will not sell or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal data to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
14.5 · Data Security
We are committed to ensuring that your information is secure. To prevent unauthorized access or disclosure, we have implemented suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect.
14.6 · Cookies
Our website www.nirlab.com may use cookies to enhance the user experience and provide personalized services. By using our Products and services, you consent to the use of cookies. You can choose to decline cookies, but this may prevent you from taking full advantage of the platform.
14.7 · User Rights
You have the right to request details of the personal information which we hold about you, and if you would like a copy of the information held on you or if you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.
14.8 · Retention
NIRLAB will retain your personal data only for as long as is necessary for the purposes set out in this privacy policy, or as is required by applicable law, and then we will delete it.
14.9 · Links to Other Websites
Our website www.nirlab.com may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
14.10 · Consent
By using our Products, you consent to the collection, storage, use, and transfer of your personal information as described in this policy. If we decide to change our privacy policy, we will post those changes on this page, and/or update the privacy policy modification date below.
15. Governing Law
These Terms are governed by the laws of Switzerland and any disputes arising shall be subject to the exclusive jurisdiction of the courts of Lausanne, Switzerland.
16. Amendments
NIRLAB reserves the right to amend these Terms at any time. The latest version will always be available on our official website.
17. Contact Information
For queries regarding these Terms, contact NIRLAB at contact@nirlab.com or phone +41 21 692 46 57.