Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website at purepointanalytical.com, the client portal, and the analytical testing services provided through them (together, the "Services"). By accessing our website, registering for an account, submitting samples, or placing an order, you agree to be bound by these Terms on behalf of yourself and any organization you represent. If you do not agree, you must not access or use the Services.

You consent to transact with us electronically. Notices, Certificates of Analysis, and other records we provide through the portal or by email satisfy any requirement that such communications be in writing.

The Services are operated by PurePoint Analytical LLC ("PurePoint," "we," "us," or "our"), an independent third-party analytical laboratory based in San Antonio, Texas.

The Services are intended exclusively for:

• Licensed researchers conducting scientific research
• Qualified laboratory, quality-control, and quality-assurance professionals
• Academic institutions and their authorized personnel
• Suppliers, formulators, and manufacturers of research materials
• Other qualified professionals with legitimate research or analytical needs

By using the Services, you represent and warrant that you are a researcher, qualified professional, or authorized representative of an eligible organization, that you are at least 18 years old, and that all samples you submit are for legitimate research, quality control, or analytical purposes only.

You agree not to use the Services for:

• Human or veterinary consumption of any tested substance
• Any diagnostic, therapeutic, prophylactic, or clinical purpose
• Any illegal activity or purpose, or to circumvent regulatory requirements
• Misrepresenting test results or a Certificate of Analysis, or altering, cropping, redacting, re-typesetting, or excerpting a Certificate of Analysis after issuance

Sample submission and order tracking require registration through our client portal. You agree to provide accurate, current, and complete information, to keep it updated, and to maintain the confidentiality of your account credentials. You are responsible for all activity that occurs under your account.

You must notify us immediately of any unauthorized use of your account. We are not liable for any loss arising from your failure to protect your credentials. We may suspend or terminate an account that we reasonably believe has violated these Terms, submitted unlawful samples, or initiated a chargeback in breach of Section 16.

By submitting samples, you represent and warrant that you have the legal right to possess, transport, and submit them, that they do not contain any material illegal to possess, transport, or test under applicable federal, state, or local law, and that any identity, label claim, concentration, or lot information you provide is accurate.

You are responsible for properly selecting, packaging, labeling, and shipping samples in accordance with our submission guidelines and applicable shipping regulations. Title and risk of loss during transit remain with you; PurePoint is not responsible for samples lost, damaged, or degraded before or in transit.

Results reflect only the specific unit or aliquot analyzed, in the condition received, and do not certify any other vial, unit, lot, or production run from which the sample may have been drawn. If a submitted sample is insufficient in quantity, unstable, contaminated, or otherwise unsuitable for the requested testing, we will notify you and may require an additional sample; additional samples and any re-work are billed as separate services.

We may refuse, return, or safely dispose of any sample we reasonably believe to be unlawful, hazardous, misdeclared, or intended for non-research use, at your expense and without refund or liability. Unless otherwise agreed in writing, samples are retained for thirty (30) days following issuance of the associated Certificate of Analysis, after which they may be disposed of without further notice.

By submitting any sample labeled or identified as "Research Use Only" ("RUO") or similar, including peptides, reagents, or related materials, you represent, warrant, and covenant that:

• The sample is intended solely for non-clinical, non-diagnostic, in-vitro laboratory research purposes and will not be used, directly or indirectly, for any human or animal diagnostic, therapeutic, prophylactic, clinical, or commercial consumption purpose;
• Neither you nor any downstream recipient will use the sample, test results, or any Certificate of Analysis in any manner that could be construed as diagnostic or clinical, including resale for human consumption;
• You have obtained assurances from your own customers or end users that the materials and results will be used strictly in accordance with RUO labeling and applicable regulatory guidance; and
• You will not remove or obscure RUO labeling, and you will flow these restrictions down to any third party to whom you distribute samples or results.

We rely on these representations in accepting and testing any sample. Any breach of these warranties is a material breach of these Terms.

All testing is performed using documented analytical methods. Results are reported on a Certificate of Analysis ("COA") reflecting the condition of the sample as received and tested, and are subject to the inherent measurement uncertainty of the method used. Results are provided for informational and research purposes only and should be interpreted by qualified professionals within the scope of the intended research.

A result that is failing, out-of-specification, inconclusive, or otherwise unfavorable is a valid, completed analytical service. We report results as the instruments show them and will not alter, soften, suppress, or withhold a result in exchange for payment or at a client's request.

FOR RUO-LABELED SAMPLES, RESULTS ARE PROVIDED SOLELY FOR RESEARCH PURPOSES AND DO NOT CONSTITUTE A WARRANTY OF SAFETY, EFFICACY, IDENTITY, PURITY, OR REGULATORY COMPLIANCE FOR ANY USE. WE DO NOT GUARANTEE OR WARRANT THE QUALITY, SAFETY, OR REGULATORY COMPLIANCE OF THE PRODUCT OR BATCH FROM WHICH A SAMPLE WAS DRAWN.

Except where you have purchased the Guaranteed Same-Day Results service described in Section 10, any turnaround time we display or communicate is an estimate, not a guarantee. Actual turnaround is subject to current work volume, laboratory capacity, sample complexity, instrument availability, and other operational factors, and may vary without notice. We are not liable for delays in completing or delivering test results or Certificates of Analysis.

The optional Guaranteed Same-Day Results service is billed per sample and is not eligible for volume or other discounts. "Same day" means the same United States business day (Monday through Friday, excluding federal and Texas state holidays) on which the sample is physically received at our facility and clears sample intake by 10:00 AM Central Time. For samples that clear intake after 10:00 AM Central Time, the guaranteed window is the next business day.

The service applies only to same-day-eligible assays (for example, purity, identity, net content, endotoxin, heavy metals, and pH). Assays that require incubation or culture, including rapid sterility and 14-day sterility screening, and any panel that includes them (such as the Full QC Panel and the Water Analysis Panel), are not eligible for same-day service. At checkout, selecting Guaranteed Same-Day Results limits that sample to same-day eligible tests.

If we fail to issue results for the same-day-eligible assays within the guaranteed window for reasons within our reasonable control, the rush fee for the affected sample will be refunded; the underlying testing is still completed and billed at standard rates. The rush fee secures priority handling and a delivery commitment, not a change to any analytical method, and is not refundable where a delay results from causes outside our reasonable control (see Section 20), from incomplete or non-conforming samples, or from your failure to meet submission requirements.

You may cancel an order for a full refund at any time before testing has begun. Testing is considered to have begun at the earliest of our receipt and accessioning of the sample, sample preparation, instrument queuing, or commencement of analysis. Once testing has begun, orders are non-refundable, because laboratory capacity, consumables, and analyst time are committed at that point.

A failing, out-of-specification, inconclusive, or otherwise unfavorable result is a completed analytical service and is billed in full. We do not refund, discount, or withhold a Certificate of Analysis on the basis that a result was unfavorable. Prepaid account credits are non-refundable but do not expire.

Submitted samples are not returned. Any sample associated with a cancelled order is securely destroyed rather than shipped back, and you should not send a sample you need returned.

If you believe a result is in error, you must notify us in writing within thirty (30) days of the issuance of the COA, describing the basis for your concern. Results not disputed within that period are deemed accepted. We will review timely concerns in good faith and, where warranted, investigate.

Re-tests, repeat analyses, and second-opinion testing are separate, billable services and do not modify the original COA unless we determine a correction or reissuance is warranted. Any reissued COA supersedes the prior version, which must no longer be relied upon.

Certificates of Analysis, including their underlying data, formatting, and verification records, remain the property of PurePoint. A COA is licensed to you for reference in connection with the specific sample analyzed and does not transfer ownership of the COA or any related analytical records. You may distribute a COA in its complete, unaltered form for your legitimate business purposes, but you may not alter, crop, redact, re-typeset, excerpt, or otherwise present a COA or partial results in a misleading way.

Each COA is valid for sixty (60) days from its date of issuance. We reserve the right, at our sole discretion, to access, retrieve, recall, revoke, invalidate, or remove any COA at any time, including during and after the 60-day validity period, such as by deactivating its verification link. Following recall, a COA is void and must not be relied upon, distributed, or represented as current. You are responsible for retaining your own copies of any COA within its validity period.

Each COA resolves to a public verification page addressed by a unique lookup code and QR code, so that anyone you share the code with can confirm the certificate is genuine and current. You control distribution of your lookup codes. By design, results are not published to a public directory, indexed, or shared under your brand without your action: a COA reflecting a failing or out-of-specification result is not made publicly viewable unless you choose to publish it.

We may use de-identified, aggregated data that does not identify you, your brand, or your samples for internal quality, method-validation, and statistical purposes. Nothing in this Section limits our recall and revocation rights under Section 13 or our confidentiality obligations under Section 18.

Where you order a Multi-Brand or white-label COA, we will issue additional certificates for the same tested sample under the company names and logos you supply, up to the limit stated at checkout. You represent and warrant that you own or are authorized to use each brand name and logo you submit, and that doing so does not infringe any third party's rights.

Every branded certificate reports the same underlying analytical results for the same sample. You agree to indemnify and hold us harmless for any claim arising from the brand names, logos, or company information you direct us to use.

Pricing is as published on our website or quoted at the time of order submission through the client portal. All prices are in U.S. dollars and are exclusive of any applicable taxes, duties, or levies, which are your responsibility. Payment is processed through a third-party payment provider at checkout unless alternative terms have been arranged in advance in writing. We may withhold results and Certificates of Analysis until payment is received in full.

Undisputed amounts not paid when due may accrue interest at the lesser of 1.5% per month or the maximum permitted by law, together with reasonable costs of collection, including attorneys' fees. If you dispute a charge, you agree to first raise it with us through the process in Section 12 rather than initiating a chargeback. Initiating a chargeback after testing has begun is a material breach of these Terms and may result in suspension of your account and recovery of the disputed amount and associated costs.

All content on our website, including text, graphics, logos, and software, is the property of PurePoint or its licensors and is protected by copyright, trademark, and other intellectual property laws. Test results and Certificates of Analysis issued to you may be used and distributed by you for your legitimate business purposes subject to Sections 4 and 13; you may not alter, modify, or misrepresent any COA or test result we issue.

We treat your account information, sample details, and test results as confidential and will not sell them or disclose them to third parties except as required by law, to operate the Services (such as payment processing and shipping), to enforce these Terms, or with your consent. This obligation does not apply to information that is or becomes publicly available other than through our breach, was already known to us, or is independently developed by us. A COA that you distribute, or that is verified through a lookup code you have shared, is not confidential to that extent.

Except as expressly stated in these Terms, the Services, the website, and all results and Certificates of Analysis are provided on an "as-is" and "as-available" basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or non-infringement. We do not warrant that the Services will be uninterrupted or error-free.

We are not liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including instrument failure, loss of reference standards or consumables, supply-chain disruption, carrier delays, utility or network outages, labor disputes, fire, natural disaster, epidemic, or governmental, regulatory, or law-enforcement action.

To the maximum extent permitted by law, our total liability for any claim arising out of or related to the Services will not exceed the amount you paid for the specific testing service giving rise to the claim. In no event will we be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, revenue, data, goodwill, product recall, or re-testing costs, regardless of the theory of liability and even if advised of the possibility of such damages. These limitations apply notwithstanding the failure of any limited remedy of its essential purpose.

You agree to indemnify, defend, and hold harmless PurePoint and its officers, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Services; your breach of these Terms, including the RUO warranties in Section 7; the legality, safety, or contamination of any sample you submit; your or your end users' misuse of samples or results; any third party's reliance on a COA you distributed; any allegation that a product associated with your sample caused injury; any allegation of misbranding or improper intended use; and your violation of any third party's rights, including the brand rights referenced in Section 15.

Any dispute arising out of or relating to these Terms or the Services will first be addressed through good-faith negotiation. If it cannot be resolved within thirty (30) days, either party may pursue binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Bexar County, Texas.

Disputes will be arbitrated only on an individual basis. You and PurePoint each waive any right to a jury trial and any right to participate in a class, collective, consolidated, or representative action.

Notwithstanding the above, either party may bring an individual action in small-claims court, and either party may seek injunctive relief in court to protect its intellectual property or confidential information, or to pursue collection of amounts owed.

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law provisions, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any action not subject to arbitration will be brought exclusively in the state or federal courts located in Bexar County, Texas, and each party consents to that venue and waives any objection to it.

Any claim arising out of or related to the Services must be brought within one (1) year after the claim accrues, or it is permanently barred, except where a longer period is required by applicable law.

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets. We may provide notices to you by email or through the portal; you may send notices to us at the contact address below. Our failure to enforce any provision is not a waiver of it, and no waiver is effective unless in writing. The parties are independent contractors, and these Terms create no partnership, agency, or third-party beneficiary rights. These Terms prevail over any conflicting terms in your purchase orders or other documents.

If any provision of these Terms is found invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions remain in full force. These Terms, together with our Privacy Policy, constitute the entire agreement between you and PurePoint regarding the Services, superseding any prior agreements on the same subject. We may update these Terms at any time by posting the revised version with a new "Last updated" date; your continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

Questions about these Terms can be sent to support@purepointanalytical.com.