Terms of Service

1. Acceptance of Terms

By accessing or using SpectralBench ("the Service"), provided by LumenMark LLC ("we", "us", "our"), you agree to be bound by these Terms of Service in their entirety. If you do not agree to every provision of these Terms, you must immediately cease all use of the Service. Your continued use of the Service following any changes to these Terms constitutes acceptance of those changes.

2. Description of Service

SpectralBench is a browser-based spectroscopy toolkit that allows users to view, convert, and analyze spectral data files including but not limited to JCAMP-DX, SPC, OPUS, CSV, and other formats. Some processing may occur on our servers to provide advanced analysis capabilities.

3. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise. We expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, LumenMark LLC makes no warranty or representation that:

• Any spectral analysis, peak identification, curve fitting, or data interpretation produced by the Service will be accurate, complete, reliable, or error-free
• File conversions will preserve data integrity, precision, or fidelity to the original instrument output
• Peak tables, band assignments, compound identifications, or any other analytical output will be correct or suitable for any purpose
• The Service will meet your requirements or expectations
• The Service will be available on an uninterrupted, timely, or secure basis
• Any defects or errors in the Service will be corrected

4. No Professional or Scientific Reliance

SpectralBench is not a substitute for professional laboratory analysis, certified reference standards, peer-reviewed methodology, or the judgment of qualified scientists or engineers.

You expressly acknowledge and agree that:

• The Service must not be used as the sole or primary basis for clinical decisions, medical diagnostics, pharmaceutical quality control, patient safety determinations, or any healthcare-related decision
• The Service must not be used for regulatory compliance testing, submissions to regulatory bodies (FDA, EMA, EPA, or equivalent), or any analysis where regulatory consequences may result
• The Service must not be relied upon for safety-critical applications including but not limited to food safety testing, environmental hazard assessment, forensic analysis, materials certification, or structural integrity evaluation
• Any decisions made based on output from the Service are made entirely at your own risk and sole responsibility
• You are solely responsible for independently verifying all results produced by the Service before acting on them in any capacity

5. Data Accuracy Disclaimer

Spectral data processing involves complex mathematical operations including but not limited to interpolation, baseline correction, Fourier transforms, peak fitting, and format conversion. These operations may introduce artifacts, rounding errors, data loss, or other inaccuracies. Reference databases, peak assignment tables, and compound identification libraries included in or referenced by the Service may contain errors, omissions, or outdated information.

We make absolutely no guarantee regarding the accuracy, precision, completeness, or reliability of any data, analysis, conversion, identification, or output produced by the Service. You assume all risk associated with interpreting and using such output.

6. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall LumenMark LLC, its officers, directors, employees, agents, affiliates, or licensors be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages whatsoever, including but not limited to:

• Damages arising from incorrect spectral analysis, faulty peak identification, erroneous compound matching, or inaccurate file conversion
• Loss of data, loss of profits, loss of revenue, loss of business opportunity, or business interruption
• Personal injury, property damage, or any harm resulting from decisions made based on the Service's output
• Costs of procurement of substitute goods or services
• Any matter beyond our reasonable control

This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if LumenMark LLC has been advised of the possibility of such damages, and even if a limited remedy set forth herein is found to have failed its essential purpose.

In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability shall be limited to the maximum extent permitted by law. In no event shall our total aggregate liability exceed one U.S. dollar ($1.00).

7. Indemnification

You agree to indemnify, defend, and hold harmless LumenMark LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or any action taken based on the Service's output.

8. Intellectual Property

SpectralBench and its original content, features, and functionality are owned by LumenMark LLC and are protected by copyright, trademark, and other intellectual property laws. Your spectral data remains yours — we do not claim any ownership or intellectual property rights over files you process through the Service.

9. Prohibited Uses

You agree not to:

• Use the Service in any way that violates applicable laws or regulations
• Attempt to reverse-engineer, decompile, or disassemble the Service
• Use automated systems (bots, scrapers) to access the Service in a manner that degrades performance for other users
• Misrepresent the Service's output as certified, validated, or peer-reviewed analysis

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts located in the State of Delaware.

11. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

12. Changes to Terms

We reserve the right to modify these Terms at any time without prior notice. The updated Terms will be posted on this page with a revised effective date. Your continued use of the Service after any changes constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

13. Contact

For questions about these Terms, contact us at hello@spectralbench.com.