Terms of Service

VialTests provides customers with access to independent analytical testing services for submitted samples and facilitates the associated ordering, submission, reporting, and customer-service experience.

VialTests may use qualified third-party service providers to perform or support aspects of testing, analysis, infrastructure, payments, communications, and fulfillment.

Nothing in these Terms should be interpreted as representing that VialTests owns a particular laboratory, personally performs every analytical procedure, holds an accreditation not expressly identified and substantiated by VialTests, or employs a particular scientist or laboratory unless VialTests expressly states that fact.

You may use the Services only if:

• you have legal capacity to enter into a binding agreement;
• you satisfy any applicable age requirements;
• your use of the Services is lawful;
• the information you provide is materially accurate;
• you comply with these Terms and applicable submission requirements.

You may not use the Services for unlawful, fraudulent, deceptive, abusive, or prohibited purposes.

VialTests provides analytical testing information concerning samples submitted for testing.

Unless VialTests expressly states otherwise for a specific service, the Services and resulting reports are provided for research, informational, analytical, and quality-assessment purposes.

They are not:

• medical advice;
• a medical diagnosis;
• treatment advice;
• prescribing advice;
• a substitute for a physician, pharmacist, or other qualified healthcare professional;
• authorization to manufacture, sell, distribute, possess, import, export, administer, or use any substance.

Customers are responsible for determining the legal and appropriate use of testing information.

Acceptance or testing of a sample does not constitute endorsement, certification, approval, validation, or recommendation of:

• the sample;
• its source;
• its manufacturer;
• its seller;
• its intended use;
• any product associated with it.

A test result relates to the submitted sample and the scope of analysis performed.

Submitting an order is a request to purchase the identified Service.

VialTests may reject, cancel, or decline an order where reasonably necessary, including because of:

• pricing or technical error;
• suspected fraud;
• prohibited or unsafe submission;
• inability to perform the requested Service;
• legal or regulatory concerns;
• misuse of the platform;
• other legitimate operational reasons.

Where an order is cancelled by VialTests before the applicable service is performed, amounts paid for the unperformed service will be handled in accordance with applicable law and the Refund Policy.

Prices displayed during checkout apply to the selected Service, subject to correction of obvious errors and applicable law.

Customers are responsible for applicable charges disclosed before purchase.

Payments may be processed through third-party payment providers.

A payment authorization or charge does not itself mean that VialTests has received a submitted sample or commenced testing.

Before completing an online purchase, customers should review:

• the Service selected;
• price;
• currency;
• order information;
• these Terms;
• applicable refund information;
• other material information presented during checkout.

Customers are responsible for correcting errors before submitting an order.

Where applicable law requires VialTests to provide a copy or record of an online agreement or transaction, VialTests may provide it electronically, including by email or through the customer/order experience.

Nothing in these Terms limits rights that cannot lawfully be excluded under applicable consumer-protection legislation.

Customers are responsible for:

• submitting the correct sample;
• following VialTests submission instructions;
• packaging samples securely;
• providing sufficient sample quantity where requirements are specified;
• providing materially accurate order/submission information;
• ensuring the sample can lawfully be possessed and shipped by the customer;
• complying with carrier requirements and applicable laws.

Do not submit dangerous, explosive, infectious, radioactive, illegally possessed, or otherwise prohibited materials.

VialTests may decline, quarantine where appropriate, return where lawful and practical, or otherwise refuse to process a submission that creates a safety, legal, regulatory, identification, or operational concern.

The designated testing destination is provided through VialTests' authorized post-payment submission process.

Customers should use only the destination and instructions provided for their applicable order.

Do not rely on addresses obtained from third-party websites, old orders, search engines, social media, or another customer's submission.

The designated testing destination is operational information and need not be publicly displayed on VialTests' marketing website.

The customer is responsible for packaging, shipping, and delivering the submitted sample to the designated testing destination.

VialTests strongly recommends using a reputable tracked shipping service with delivery confirmation whenever available.

Customers should retain their shipping receipt and tracking information and should enter the applicable tracking number into the VialTests order experience where that functionality is available.

Tracking helps both the customer and VialTests monitor the shipment and identify delivery issues.

Risk Before Receipt. Risk associated with the customer's inbound shipment remains with the customer until VialTests confirms receipt of the sample.

To the fullest extent permitted by applicable law, VialTests is not responsible for loss, theft, delay, damage, destruction, misdirection, return, refusal, interception, detention, confiscation, seizure, or other non-delivery occurring before confirmed receipt where the circumstances are outside VialTests' reasonable control.

This may include events involving:

• postal services;
• couriers;
• customs;
• border authorities;
• governmental authorities;
• law-enforcement authorities;
• other third parties outside VialTests' reasonable control.

Payment for a testing Service does not make VialTests the carrier, shipper, or insurer of the customer's inbound package.

Customers should pursue available loss or damage claims against the applicable carrier where appropriate.

A carrier's tracking system may report a package as “Delivered.”

That status does not, by itself, mean that VialTests has received, identified, processed, or accepted the sample into its testing workflow.

Carrier Delivered and Sample Received are separate events.

A sample is considered received by VialTests when receipt is actually confirmed through the applicable VialTests intake/order process.

This distinction protects the integrity of the submission and chain-of-custody process.

A sample may be unsuitable or impossible to test because of circumstances including:

• insufficient quantity;
• damaged or broken packaging;
• leaking container;
• contamination;
• compromised sample integrity;
• inability to identify or match the sample to an order;
• materially incorrect submission information;
• safety concern;
• failure to satisfy applicable submission requirements.

Where reasonably possible, VialTests will communicate available next steps.

Availability of replacement submission, credit, refund, or another remedy depends on the circumstances, work already performed, costs incurred, applicable policies, and applicable law.

Testing begins after the applicable sample has been received, identified, and accepted into the appropriate workflow.

Processing times are estimates unless VialTests expressly guarantees a specific deadline in writing.

Turnaround can be affected by:

• sample condition;
• analytical requirements;
• quality-control review;
• instrument or service availability;
• repeat analysis;
• third-party service interruptions;
• circumstances outside reasonable control.

VialTests will seek to provide a professional and timely service but does not guarantee a completion date unless expressly agreed.

Analytical testing is subject to scientific, methodological, sampling, instrument, measurement, and other limitations.

Results should be interpreted within:

• the scope of the test ordered;
• the sample actually submitted;
• the analytical method used;
• applicable measurement uncertainty or limitations where relevant.

VialTests does not promise “100% accuracy,” absolute certainty, or that a result establishes facts beyond the scope of the analysis performed.

Testing one sample does not necessarily establish the composition, quality, consistency, safety, legality, or characteristics of other samples, batches, products, or materials.

Testing results may be delivered through a Certificate of Analysis (“COA”), secure link, customer/order interface, email notification, or another authorized method.

The COA relates to the applicable submitted sample and analysis.

Customers are responsible for:

• reviewing results;
• protecting private result-access information;
• not altering a COA in a misleading manner;
• not representing results as applying to a different sample or product;
• not using VialTests' name or report deceptively.

Unless expressly stated otherwise, testing does not determine that a substance is:

• safe for human or animal use;
• sterile;
• clinically effective;
• medically appropriate;
• legally marketable;
• suitable for injection, ingestion, administration, compounding, manufacturing, or distribution.

Customers should not infer such conclusions from a result that did not test those matters.

Refunds and cancellation requests are governed by the VialTests Refund Policy and applicable law.

Where these Terms summarize that Policy, the more specific Refund Policy governs to the extent of a conflict, except where applicable law requires otherwise.

Nothing in either document excludes or restricts a right or remedy that cannot lawfully be excluded or restricted.

Loss or non-delivery of a sample before VialTests confirms receipt does not, by itself, constitute failure to provide the testing Service.

Where a sample never reaches VialTests, testing cannot begin.

This provision does not limit any mandatory right the customer may have under applicable law.

You are responsible for providing materially accurate information and for protecting access credentials, private order links, or other authentication information associated with your order.

Do not share private access information publicly.

Notify VialTests promptly if you reasonably believe unauthorized access has occurred.

VialTests' collection, use, disclosure, retention, and protection of personal information is described in the VialTests Privacy Policy, incorporated into these Terms by reference where appropriate.

Use of the Services is also subject to applicable privacy law.

You may not:

• interfere with the operation or security of the Services;
• attempt unauthorized access;
• circumvent authentication or access controls;
• scrape or extract protected customer information;
• introduce malware or harmful code;
• use the Services for fraud or deception;
• impersonate another person;
• submit knowingly false information;
• misuse testing reports;
• alter or present a COA deceptively;
• use VialTests branding in a manner that falsely implies endorsement, partnership, certification, or authorization;
• use the Services in violation of applicable law.

The VialTests website, branding, logos, design, software, text, graphics, and other proprietary materials are owned by or licensed to VialTests and are protected by applicable intellectual-property laws.

Except as permitted by law or expressly authorized, you may not reproduce, distribute, modify, create derivative works from, or commercially exploit VialTests proprietary materials.

Customers may retain and use their legitimately issued testing reports for lawful purposes, subject to these Terms and any restrictions stated on the report.

If you voluntarily provide suggestions or feedback about the Services, VialTests may use that feedback to improve its services without obligation to compensate you, provided we do not thereby obtain ownership of your unrelated confidential information or personal information contrary to applicable law.

The Services may rely on third parties, including:

• payment providers;
• hosting/infrastructure providers;
• communications providers;
• testing/analytical providers;
• shipping carriers;
• other operational service providers.

VialTests is not responsible for independent third-party acts or omissions outside its reasonable control, subject to applicable law and any responsibility VialTests cannot lawfully exclude.

Third-party services may also be governed by their own terms and privacy policies.

We may modify, suspend, replace, or discontinue features of the Services where reasonably necessary.

We may update testing offerings, pricing, workflows, or submission requirements prospectively.

Changes do not eliminate rights that have already accrued or rights that cannot lawfully be modified.

To the fullest extent permitted by applicable law, and except for express commitments made in these Terms or the Refund Policy, the Services are provided on an “as available” basis.

VialTests does not make warranties or representations beyond those expressly stated or those that cannot lawfully be excluded.

Nothing in this section excludes statutory warranties, conditions, guarantees, or other rights that applicable law prohibits us from excluding.

To the fullest extent permitted by applicable law, VialTests will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or relating to the Services, including loss of profit, revenue, opportunity, goodwill, or business interruption, where such exclusion is legally permitted.

To the fullest extent permitted by law, VialTests' aggregate liability arising from a particular testing Service will not exceed the amount paid to VialTests for the testing Service giving rise to the claim.

These limitations do not apply to liability that cannot lawfully be limited or excluded.

Nothing in these Terms is intended to exclude liability for fraud, wilful misconduct, or another category of liability where exclusion is prohibited by law.

To the extent permitted by applicable law, you are responsible for losses, claims, or costs arising from your:

• unlawful use of the Services;
• knowing submission of prohibited or unlawfully possessed material;
• material breach of these Terms;
• fraudulent or deceptive use of a testing report;
• infringement of another person's rights.

Where legally enforceable, you agree to indemnify and hold harmless VialTests and its applicable affiliates, personnel, and service providers from third-party claims arising directly from such conduct, except to the extent caused by the negligence, wilful misconduct, or legal responsibility of the party seeking indemnification.

This section is not intended to override non-waivable consumer rights.

To the extent permitted by law, VialTests is not responsible for delay or failure caused by circumstances outside its reasonable control, including:

• natural disasters;
• severe weather;
• fire or flood;
• war, terrorism, or civil disturbance;
• governmental action;
• border or customs disruption;
• carrier interruption;
• power or telecommunications failure;
• widespread Internet or cloud-service outage;
• labour disruption;
• equipment or infrastructure failure outside reasonable control;
• other comparable events.

This section does not excuse obligations that cannot lawfully be excused.

VialTests may restrict or terminate access to the Services where reasonably necessary because of:

• material violation of these Terms;
• fraud;
• abuse;
• security risk;
• unlawful activity;
• threats to personnel, customers, providers, or systems;
• legal or regulatory requirement.

Where appropriate and reasonably possible, we may provide notice.

Termination does not eliminate obligations or rights that accrued before termination.

You consent to receiving transactional and legally permitted electronic communications relating to the Services at the contact information you provide.

These may include:

• order confirmations;
• submission instructions;
• receipt notices;
• results notifications;
• customer-service communications;
• security notices;
• policy or legal notices.

You are responsible for maintaining accurate contact information.

Except where mandatory law requires otherwise, these Terms and disputes relating to them are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Nothing in this section deprives a consumer of mandatory protections or remedies available under applicable law.

If a concern arises, we encourage you to contact VialTests first so we can attempt to resolve it fairly and efficiently.

Nothing in these Terms prevents either party from pursuing rights or remedies available under applicable law.

VialTests does not impose mandatory private arbitration through these Terms unless separately and lawfully agreed.

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary where legally permitted, and the remaining provisions will continue in effect.

Failure by VialTests to enforce a provision of these Terms does not constitute a waiver of that provision or any other right.

Customers may not assign their rights or obligations under these Terms in a manner that materially affects VialTests without consent, except where applicable law provides otherwise.

VialTests may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, sale of assets, or similar transaction, subject to applicable law.

These Terms, together with policies expressly incorporated by reference and material terms presented during checkout, constitute the agreement governing the applicable Services, except for another written agreement expressly entered into between you and VialTests.

If a specific written agreement expressly states that it overrides these Terms, that agreement governs to the extent of the conflict.

VialTests may update these Terms prospectively as the Services, laws, or business practices evolve.

The “Last Updated” date indicates the most recent revision.

Material changes will be communicated where required by applicable law.

Changes will not retroactively eliminate rights that have already accrued where prohibited by law.

Questions regarding these Terms may be directed to VialTests at hello@vialtests.com (Website: VialTests.com).