Terms of Service

By creating an account, placing an order, or otherwise accessing or using the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference.

When you create an account you are required to affirmatively certify certain facts about yourself and your intended use of the Products. Those certifications are material terms of this agreement. We rely on them in deciding whether to sell to you, and they are described in Section 5.

If you are entering into these Terms on behalf of a company, institution, laboratory or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

• “Product” means any item offered for sale through the Platform, including research compounds, reference materials, reconstitution supplies, laboratory consumables and accessories.
• “Research Use Only” or “RUO” means use exclusively for legitimate scientific research conducted in vitro (outside a living organism) or in controlled laboratory settings, by or under the supervision of qualified personnel, and never in or on humans or animals.
• “Qualified Researcher” means an individual with the professional training, technical competence, facilities and legal authority necessary to handle, store, test and dispose of research chemicals safely and lawfully.
• “Content” means any text, data, reference material, article, library entry, calculator output, model, chart or other information made available through the Platform.

3.1 Scope of permitted use

You may acquire and use the Products solely for legitimate scientific, analytical or instructional research carried out in vitro or in an appropriately equipped and supervised laboratory environment. Permitted activities include analytical testing, assay development, reference standardisation, method validation and similar bench work performed by or under the supervision of a Qualified Researcher.

3.2 Expressly excluded uses

Without limiting the foregoing, you must not, under any circumstances:

• administer, or permit or assist any other person to administer, any Product to a human being or an animal, by any route and in any quantity;
• use any Product in, on, or in connection with the human body, including any cosmetic, nutritional, therapeutic, performance, wellness or experimental self-administration purpose;
• use any Product in the manufacture, compounding, formulation or preparation of any drug, food, beverage, dietary supplement, cosmetic, or other product intended for human or animal consumption or application;
• repackage, relabel, dilute, reconstitute or otherwise present any Product for sale or supply to any person as if it were fit for human or veterinary use;
• resell, distribute, gift or otherwise transfer any Product to any person who you know, suspect, or reasonably ought to suspect intends to use it in or on a human or animal;
• use any Product in any clinical trial, human subject research or animal study without all approvals, licences and ethical clearances required by applicable law; or
• use any Product in a manner inconsistent with its labelling, its certificate of analysis, any accompanying documentation, or these Terms.

3.3 Labelling controls

Products are labelled “For Research Use Only. Not for human or veterinary use.” You must not remove, obscure, alter or deface that labelling, and you must ensure it remains with the Product for as long as the Product exists in your possession or control.

3.4 Purity, identity and suitability

Any purity, identity, concentration or analytical figures we publish — including third-party certificates of analysis — describe a specific tested lot under specific conditions. They are provided for informational purposes, are not a guarantee of the material you receive, and are not a representation that a Product is safe, effective, or suitable for any particular purpose. You are solely responsible for independently verifying the identity, purity, potency, stability and suitability of any Product before use in your research.

The Platform is not intended for, and may not be used by, anyone who does not meet every eligibility requirement below. To create an account or place an order you must:

• be at least 21 years of age;
• have the legal capacity to enter into a binding contract;
• be a Qualified Researcher, or be acquiring the Products on behalf of and under the supervision of a Qualified Researcher or a research institution;
• be legally permitted to purchase, receive, possess and handle the Products in your jurisdiction and at your delivery address; and
• not be barred from receiving our Products or services under any applicable law.

We do not knowingly permit anyone under 21 to hold an account. If we learn that an account holder is under 21, or that any eligibility certification was false, we may suspend or terminate the account, cancel pending orders and refuse future service, without liability.

Each time you create an account, place an order, or take delivery of a Product, you represent, warrant and certify to us that all of the following are true and complete:

• you satisfy every eligibility requirement in Section 4;
• you have read, understood and accept the research-use-only restrictions in Section 3;
• you are acquiring the Products solely for lawful laboratory research, and not for human consumption, veterinary use, or administration to any living organism;
• you possess, or operate under the supervision of a person or institution that possesses, the training, facilities and equipment necessary to handle the Products safely;
• you will comply with all applicable laws, regulations, licensing requirements and institutional policies governing your acquisition, possession, use, storage, transport and disposal of the Products; and
• the information you provide to us — including your identity, age, date of birth and delivery address — is accurate and not misleading.

These certifications are material. We rely on them, and we would not sell to you without them. Providing a false certification is a breach of these Terms and may constitute a violation of law.

In addition to the restrictions in Section 3, you must not:

• make, or permit to be made, any medical, therapeutic, curative, diagnostic, nutritional or performance claim about any Product;
• represent to any third party that a Product is approved, safe or intended for human or veterinary use;
• use the Platform to solicit, provide or receive dosing guidance, protocols or advice for use of any Product in or on a human or animal;
• use the Platform for any unlawful purpose, or in violation of any export control, sanctions, customs or controlled-substance law;
• attempt to circumvent our age, eligibility, ordering or security controls, or access any account, data or system without authorisation;
• scrape, harvest, reverse engineer, or use automated means to access the Platform, except as permitted by our published robots directives;
• interfere with the operation or integrity of the Platform, including by introducing malicious code or imposing an unreasonable load; or
• post or transmit content that is unlawful, defamatory, infringing, harassing, or that promotes the human use of research compounds.

You are solely responsible for determining whether your acquisition, possession and intended use of a Product is lawful in your jurisdiction, and for obtaining any licence, registration, permit, institutional approval or ethical clearance required. Legal status varies significantly between countries, states and localities, and can change.

Some Products may be regulated, restricted, prohibited or subject to reporting obligations in some jurisdictions. We do not provide legal or regulatory advice, and nothing on the Platform should be read as confirmation that a Product is lawful for you to buy, hold or use.

You must comply with all applicable export control and sanctions laws. You must not export, re-export or divert any Product in violation of those laws, or supply any Product to a person or entity subject to trade restrictions. We may refuse, cancel or withhold any order, and may decline to ship to any address or jurisdiction, at our discretion and without liability.

Where a Product is shipped internationally, you are the importer of record. You are responsible for customs clearance, import permits, duties, taxes and compliance with the destination jurisdiction’s laws.

References to dosages, concentrations, routes, schedules, half-lives or protocols appear in the context of published scientific literature describing research findings. Their presence is not a recommendation, instruction or endorsement to administer any substance to any person or animal.

An account is required to place an order. We use passwordless email sign-in: we send a single-use link to your email address, and possession of that inbox is what authenticates you. You are responsible for maintaining control of, and security over, the email account you register.

You are responsible for all activity that occurs under your account. You must provide accurate registration information and keep it current, must not share your account or sign-in links, and must notify us promptly at hello@theaetherexperience.com if you suspect unauthorised access.

You may close your account at any time. Closure does not affect orders already placed or obligations already accrued, and we may retain records as described in our Privacy Policy and as required by law.

Your order is an offer to purchase. No contract of sale is formed until we accept your order, which occurs when we confirm dispatch. We may refuse, limit or cancel any order for any lawful reason — including suspected ineligibility, suspected intent to use a Product in or on a human or animal, suspected resale for such use, stock unavailability, pricing error, or suspected fraud.

Prices are shown in the currency indicated at checkout and exclude shipping and any applicable taxes or duties unless stated. We may correct pricing or description errors at any time before dispatch, and will cancel and refund rather than fulfil an order priced in obvious error.

Payments are processed by our third-party payment providers — card payments via Stripe, and cryptocurrency payments via BitPay where offered. We do not receive or store your full card number. Cryptocurrency payments are, by their nature, generally irreversible; confirm your order carefully before paying. Your use of a payment provider is additionally subject to that provider’s own terms.

Stock levels shown are indicative. In the rare event a Product sells out between your payment and fulfilment, we will contact you and refund the affected line.

Shipping charges and available methods are calculated at checkout based on your destination and order contents. Delivery estimates are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs, weather or other circumstances beyond our reasonable control.

Title and risk of loss pass to you on delivery of the Product to the carrier. You are responsible for providing an accurate, complete delivery address and for ensuring the Product can be received safely and lawfully at that address.

Certain Products may require particular handling or temperature control in transit. Where stated, you are responsible for inspecting and appropriately storing the Product promptly on receipt.

Because the Products are research materials whose integrity, chain of custody and storage conditions cannot be verified once they leave our control, all sales are final and Products are not returnable, except as set out below or as required by applicable law.

We will replace or refund a Product where:

• it arrives damaged, defective or materially different from what was ordered;
• the wrong item was shipped; or
• the order was not delivered within a reasonable period.

Claims must be reported to hello@theaetherexperience.com within seven (7) days of delivery (or of the expected delivery date for non-delivery), with your order number and, where relevant, photographs of the packaging and Product. Do not discard the packaging before contacting us.

Approved refunds are issued to the original payment method. Refunds of cryptocurrency payments are made at our discretion in the original cryptocurrency or in fiat equivalent at the prevailing rate; we are not responsible for exchange-rate movement. You may cancel an order at no charge at any time before it is dispatched.

You assume full responsibility for the safe handling of every Product from the moment of delivery. You must treat all Products as potentially hazardous substances of unknown toxicity, and must:

• handle them only in an appropriately equipped laboratory, using suitable personal protective equipment and engineering controls;
• store them securely, under the stated conditions, and out of the reach of children, household members, visitors and any person who is not a Qualified Researcher;
• maintain appropriate records, safety documentation and risk assessments for your jurisdiction and institution; and
• dispose of Products, residues and contaminated materials lawfully and safely as chemical waste — never in domestic refuse or drainage.

You are responsible for ensuring that anyone you allow to access the Products is a Qualified Researcher and is bound by restrictions at least as protective as these Terms.

The Platform and its Content, design, branding, trademarks, software and compilations are owned by Aether Labs or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Platform for your internal research purposes. All rights not expressly granted are reserved.

You may not copy, reproduce, republish, distribute, sell, sublicense or create derivative works from the Content except as expressly permitted, or use our trademarks without prior written consent.

Where the Platform allows you to submit content — reviews, forum posts, comments, notes or messages — you retain ownership of that content and grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, reproduce and display it as needed to operate and improve the Platform. You are responsible for what you submit, must have the rights to submit it, and must not submit content that promotes the human use of research compounds. We may remove content that breaches these Terms.

The Platform may link to, or offer Products supplied or fulfilled by, third parties, including affiliate partners. Those links and offerings are provided for convenience. We do not control third-party sites or products, do not endorse them, and are not responsible for their content, terms, privacy practices, or the products they supply. Purchases made on a third-party site are governed by that party’s terms.

Where we earn a commission from an affiliate link, that relationship does not affect the price you pay.

THE PLATFORM, THE CONTENT AND THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and any warranty arising from course of dealing or usage of trade.

WE MAKE NO WARRANTY THAT ANY PRODUCT IS SAFE, EFFECTIVE, NON-TOXIC, STABLE, STERILE, PYROGEN-FREE, OR FIT FOR ANY PARTICULAR RESEARCH APPLICATION, AND WE EXPRESSLY DISCLAIM ANY WARRANTY OF FITNESS FOR HUMAN OR VETERINARY USE — SUCH USE BEING PROHIBITED ENTIRELY.

We do not warrant that the Platform will be uninterrupted, secure or error-free, or that Content is complete, current or accurate. Scientific literature evolves, and Content may become outdated.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. Nothing in these Terms excludes liability that cannot lawfully be excluded.

TO THE FULLEST EXTENT PERMITTED BY LAW, AETHER LABS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, RESEARCH RESULTS, GOODWILL OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE PLATFORM, THE CONTENT OR THE PRODUCTS, ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE ARE NOT LIABLE FOR ANY INJURY, ILLNESS, DISABILITY, DEATH, LOSS OR DAMAGE RESULTING FROM ANY USE OF A PRODUCT IN OR ON A HUMAN BEING OR ANIMAL, OR FROM ANY OTHER USE THAT BREACHES THESE TERMS. SUCH USE IS EXPRESSLY PROHIBITED, IS OUTSIDE THE SCOPE OF ANY PERMITTED USE, AND IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

These limitations apply regardless of the form of action and survive any failure of an exclusive remedy. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limits may not apply to you.

You agree to indemnify, defend and hold harmless Aether Labs and its officers, directors, employees, agents and suppliers from and against any claims, demands, actions, liabilities, losses, damages, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to:

• your breach of these Terms or of any representation or certification you made;
• any use of a Product in or on a human being or animal by you or by any person to whom you supplied, transferred or gave access to the Product;
• your violation of any law, regulation or third-party right;
• your handling, storage, transport, use or disposal of any Product; or
• content you submit to the Platform.

We reserve the right to assume the exclusive defence and control of any matter subject to indemnification, at your expense, and you agree to cooperate with that defence.

We may suspend or terminate your access to the Platform, cancel pending orders, and refuse future service at any time, with or without notice, if we reasonably believe you have breached these Terms, misrepresented your eligibility or intended use, created legal risk for us or others, or engaged in fraudulent or unlawful conduct.

Sections 3, 5, 7, 8, 14, 15 and 17 through 24, and any other provision that by its nature should survive, will survive termination.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Before filing any claim, you agree to first contact us at legal@theaetherexperience.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

Any dispute that is not resolved informally will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you consent to personal jurisdiction and venue there. To the extent permitted by law, you and we each waive any right to a jury trial and agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Any claim arising out of or relating to these Terms or a Product must be brought within one (1) year after the claim arises, or it is permanently barred, except where applicable law requires a longer period.

If you are a consumer resident in a jurisdiction with mandatory consumer-protection rules, nothing here deprives you of the protection of those rules or of the right to bring proceedings in your local courts where the law gives you that right.

We may update these Terms from time to time. When we do, we will revise the effective date shown at the top of this page. Material changes will be communicated by reasonable means, which may include posting a notice on the Platform or emailing registered account holders.

Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms. The version in force at the time you place an order governs that order.

These Terms, together with the Privacy Policy and any order-specific terms, are the entire agreement between you and us and supersede all prior understandings on their subject matter.

If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of it.

You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, acquisition or sale of assets. These Terms bind and benefit the parties and their permitted successors.

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control. Headings are for convenience only. Nothing in these Terms creates a partnership, agency or employment relationship. There are no third-party beneficiaries.