TERMS AND PRIVACY POLICY

Terms of Service

Welcome to wilburlabs.com. Wilbur Labs, LLC (“Wilbur Labs,” ”us,” “we,” or “our”) recommends that you read the following terms of service carefully. By accessing or using the Wilbur Labs website located at wilburlabs.com or any related mobile or software applications or participating in the services provided thereby (collectively, the “Website”), you agree to be bound by these terms (the “Terms” or the "Agreement"). This Agreement constitutes a legally binding agreement between Wilbur Labs and you concerning your use of the Website. We encourage you to print the Agreement or save it to your device or computer for reference. If you do not understand this Agreement, or do not agree to be bound by it or the Privacy Policy below, you may not access or use the Website, and you must immediately cease accessing or using the Website.

Eligibility

By accessing and/or using the Website, including by doing so after accessing this Agreement, you represent and warrant that you are at least eighteen (18) years old, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.

Dispute Resolution

This section outlines how you and Wilbur Labs will handle disputes arising from these Terms, the Privacy Policy, or the Website. It is crucial that you read this section carefully.

Claims and Governing Law

A "Claim" refers to any claim or dispute between you and us, or any of our owners, officers, managers, directors, employees, agents, partners, suppliers, consultants, representatives, affiliates, successors, or assigns (collectively, “Company Entities”), arising from these Terms, the Privacy Policy, and the Website. These Terms, including the interpretation and enforcement of this dispute resolution provision and any Claims, shall be exclusively governed by the Federal Arbitration Act, federal arbitration law, and, if not inconsistent, the laws of the State of Florida, excluding choice of law rules.

Informal Dispute Process

Our goal is to resolve all Claims to optimize customer satisfaction. Before seeking arbitration relief, you agree to first notify our Customer Service Department to attempt to resolve any Claims against us. You can reach us at legal@wilburlabs.com. Participating in this informal process is a prerequisite to initiating arbitration or small claims court proceedings, to the fullest extent permitted by applicable laws.

Mandatory Pre-Arbitration Notice Procedure

If the Claim is not resolved through our Informal Dispute Process, the aggrieved party (“Claimant”) must follow this Pre-Arbitration Notice Procedure before commencing arbitration:

• The Claimant must send the other party a formal written Notice of the Claim by certified mail at 1172 S Dixie Hwy, #571, Coral Gables FL 33146 and email to legal@wilburlabs.com.
• The Notice must contain the Claimant's full name, address, email, description of relevant facts and basis of the Claim, damages and recovery sought, and a signed statement verifying the accuracy of the information.
• After receiving the Notice, the parties will negotiate in good faith to resolve the dispute for 30 days, which may include an individualized video conference or phone call attended by both parties. Optionally, in addition to both parties, a party’s attorney may also attend this individualized video conference or phone call. The parties agree to work together cooperatively to schedule this individualized video conference or phone call as soon as possible after the receipt of the Notice.
• If no agreement is reached within 30 days, the Claimant may commence arbitration proceedings.
• Compliance with the Informal Dispute Process and the Mandatory Pre-Arbitration Notice Procedure is a condition precedent to initiating arbitration. Statutes of limitations are tolled during the Informal Dispute Process and the Mandatory Pre-Arbitration Notice.
• If the Claimant does not comply with the Notice Procedure, a court, upon request by a party, must enjoin an arbitration filing or continued prosecution, and an arbitration administrator cannot initiate or assess fees related to the arbitration. If a party commences an arbitration prior to completing the Notice Procedure, the arbitration provider shall administratively close the arbitration. Furthermore, a party may seek damages from any party who does not comply with the Mandatory Pre-Arbitration Notice procedure.

Arbitration Agreement

The parties agree that any unresolved Claims will be resolved exclusively through final and binding arbitration according to the following terms, except as otherwise provided further below:

• Claims will only be resolved through arbitration, not in a court of law.
• Arbitration will be governed by applicable National Arbitration & Mediation (“NAM”) rules, as modified by this arbitration agreement, and administered by NAM or another provider that is agreed-upon or appointed by a court. The NAM rules include the Comprehensive Dispute Resolution Rules and Procedure and the Supplemental Rules for Mass Arbitration, as may be amended by these Terms. You may find the NAM rules online at www.NAMADR.com. You may find the form to start an arbitration on the NAM website.
• Arbitration will be conducted before a single arbitrator who will resolve any Claims, as well as any disagreements regarding the scope, enforceability, formation, interpretation, applicability, enforceability, voidness, or voidability of these Terms or the dispute resolution provisions of the Terms. All remedies will be available to the arbitrator, and the arbitration decision will be final and binding.
• The arbitration will be conducted in person in the county where you live or at another mutually agreed location, and may be conducted by telephone, videoconference, or written submissions upon request.
• Payment of fees will be governed by the NAM Rules, unless you qualify for a fee waiver under applicable law. Each party shall pay its own attorneys' fees, unless otherwise required by statute.
• The arbitrator may consolidate multiple related arbitrations upon request, but cannot preside over any form of representative or class proceeding unless all individuals have initiated and are currently pursuing arbitration under this Agreement.
• As in court, counsel representing a party in arbitration certifies compliance with Federal Rule of Civil Procedure 11(b), and the arbitrator is authorized to impose sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law.

Limitations to Arbitration

• Instead of arbitration, you or we may bring any individual Claim in small claims court, but only if the Claim(s) are brought on an individual basis and are below the statutory maximum amount permitted in small claims court.
• If you choose to pursue the Claim(s) in a small claims action, it may only be filed in the country of your residence or in Miami-Dade County, Florida.
• Nothing in this section will limit either party's ability, if and as allowed by applicable law, to seek injunctive relief in aid of arbitration or a "public injunction" in a court of competent jurisdiction or to seek to compel arbitration, stay a case during arbitration, or enter judgment on, confirm, modify, or vacate an arbitration award.
• Arbitration is required if you reside or bring a Claim in the United States or any country that enforces arbitration agreements. If you are not bringing a Claim in, and are not a resident of, the United States, you may be allowed to file a Claim in a court of competent jurisdiction on an individual basis in the city in which you reside under the laws of that city, after completing the Informal Dispute Process and the Mandatory Pre-Arbitration Notice Procedure.

Class Action Waiver

THIS AGREEMENT LIMITS YOUR RIGHTS TO BRING CLAIMS IN COURT OR AS PART OF A CLASS ACTION. BY ACCEPTING THESE TERMS, YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE THE RIGHT TO PARTICIPATE AS A CLASS MEMBER OR REPRESENTATIVE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT JOIN OR CONSOLIDATE CLAIMS FROM MULTIPLE PARTIES, MAY NOT PRESIDE OVER ANY CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION, AND MAY NOT AWARD RELIEF BEYOND WHAT'S NECESSARY FOR THE INDIVIDUAL CLAIM. THIS WAIVER OF CLASS ACTION RIGHTS IS A CRUCIAL PART OF THIS AGREEMENT. IF THIS WAIVER IS FOUND TO BE LIMITED OR VOID, THE ENTIRE ARBITRATION AGREEMENT BECOMES NULL AND VOID, SUBJECT TO APPEAL. YOU ACKNOWLEDGE THAT WITHOUT THESE TERMS, YOU WOULD HAVE THE RIGHT TO SUE IN COURT WITH A JURY. BY AGREEING TO THESE TERMS, YOU ARE KNOWINGLY WAIVING THESE RIGHTS IN FAVOR OF INDIVIDUAL ARBITRATION.

This dispute resolution provision applies equally to all parties and shall not be interpreted to the disadvantage of the party who drafted it. If any part of this provision is found to be unenforceable, that specific part shall be severed from the agreement. The remaining portions of the agreement will continue to be valid and enforceable to the fullest extent permitted by law.

Privacy

By using the Website, you represent and warrant that you have read, understood, and agree to be bound by, this Agreement and Wilbur Labs’ Privacy Policy (the "Privacy Policy"), which is incorporated into this Agreement by reference. Wilbur Labs encourages you to frequently check the Privacy Policy for changes.

License

Subject to your compliance with this Agreement, Wilbur Labs grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access and use the Website. No part of the Website may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Wilbur Labs. All rights not expressly granted in this Agreement are reserved by Wilbur Labs. Without limitation, this Agreement grants you no rights to the intellectual property of Wilbur Labs or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement and applicable laws. Your rights under this section will immediately terminate if, in the sole judgment of Wilbur Labs, you have breached any provision of this Agreement.

Third-Party Content

The Website may be linked with the apps and websites of third parties ("Third-Party Content"), some of whom may have established relationships with Wilbur Labs and some of whom may not. Wilbur Labs does not have control over and has not reviewed the content and performance of Third-Party Content. Accordingly, Wilbur Labs does not represent, warrant, or endorse any Third-Party Content, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third-Party Content. Opinions, advice, statements, or other information made available through the Website by third parties are those of their respective authors and should not necessarily be relied upon. Wilbur Labs disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Content.

Prohibited Conduct

Wilbur Labs imposes certain restrictions on your use of the Website. Any violation of this section may subject you to liability. The following are expressly prohibited: (a) providing false, misleading, or inaccurate information to Wilbur Labs or any other person in connection with the Website; (b) impersonating, or otherwise misrepresenting your affiliation, connection, or association with, any person or entity; (c) without express written permission from Wilbur Labs, using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website; (d) accessing Website content or data not intended for you, or logging into a Website server or account that you are not authorized to access; (e) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures without proper authorization; (f) interfering or attempting to interfere with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (g) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or internet protocol packet headers); (h) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Wilbur Labs or its agents in providing the Website, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Website to determine and/or audit advertising revenues and payments, if applicable; and (i) paying anyone for interactions on the Website.

Intellectual Property

“Wilbur Labs” and the Wilbur Labs logo (collectively, the "Wilbur Labs Marks") are trade names, trademarks, or registered trademarks of Wilbur Labs. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Website may be the trademarks of third parties. Neither your use of the Website nor this Agreement grants you any right, title, or interest in, or any license to reproduce or otherwise use, the Wilbur Labs Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Wilbur Labs Marks generated as a result of your use of the Website will inure to the benefit of Wilbur Labs, and you agree to assign, and do assign, all such goodwill to Wilbur Labs. You shall not at any time, nor shall you assist others to, challenge Wilbur Labs’ right, title, or interest in, or the validity of, the Wilbur Labs Marks.

All content and other materials available through the Website, including without limitation the Wilbur Labs logo, names and photographs, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Wilbur Labs or are the property of Wilbur Labs’ licensors and suppliers. Except as explicitly provided, neither your use of the Website nor this Agreement grant you any right, title, or interest in any such materials.

Disclaimers; Limitation of Liability

YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU WILL NOT HOLD WILBUR LABS OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO AND/OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR MOBILE DEVICES. THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

WILBUR LABS, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-ENCUMBRANCE, OR TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER WILBUR LABS NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. WILBUR LABS DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE FURNISHING OF THE WEBSITE PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, ERRORS, REPRESENTATIONS, OR OTHER DEFECTS ARISING OUT OF THE FAILURE TO FURNISH THE WEBSITE, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY OTHER DAMAGE OCCURRING.

IN NO EVENT SHALL WILBUR LABS OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, PROPERTY DAMAGE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU AGREE THAT THESE LIMITATIONS OF LIABILITY REPRESENT A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN WILBUR LABS AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

THE ABOVE DISCLAIMERS, WAIVERS, AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND WILBUR LABS OR BETWEEN YOU AND ANY OF WILBUR LABS’ LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. WILBUR LABS’ LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

Indemnification

Without limiting any other indemnification provision in this Agreement, you (the "Indemnitor") agree to defend, indemnify, and hold harmless Wilbur Labs and its owners, parents, subsidiaries, affiliates, contractors, property owners, and third-party vendors (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, a "Claim," and collectively, "Claims"), including but not limited to legal costs and fees, and provide sole and exclusive control of the defense of any action to Wilbur Labs, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and Wilbur Labs, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Website; (iv) your violation or alleged violation of any foreign or domestic, international, federal, state, local, community, or educational law or regulation; (v) your violations of the Prohibited Conduct Section regarding prohibited uses of the Website and other prohibited conduct; (vi) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Indemnitees.

Termination

Without limiting any other provision of this Agreement, Wilbur Labs reserves the right to, in Wilbur Labs’ sole discretion and without notice or liability, deny use of the Website to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation.

You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to Wilbur Labs Notice of your intention to do so.

Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Website. Upon termination, you shall cease any use of the Website.

After termination, Wilbur Labs reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Website, including without limitation technological barriers such as IP blocking and direct contact with your internet service provider.

Without limiting any other provision of these Terms, the provisions relating to dispute resolution and mandatory arbitration, intellectual property, restrictions on unlawful and prohibited use, indemnification, miscellaneous terms, and liability disclaimers shall expressly survive termination of these Terms.

Changes

Internet technology and the applicable laws, rules, and regulations change frequently. Wilbur Labs reserves the right to change this Agreement and its Privacy Policy at any time upon notice to you (including by posting a new version). It is your responsibility to review this Agreement and the Privacy Policy periodically. If at any time you find either this Agreement or the Privacy Policy unacceptable, you must immediately cease accessing the Website. Unless Wilbur Labs obtains your express consent, any revised Privacy Policy will apply only to information collected by Wilbur Labs after the revised Privacy Policy takes effect, and not to information collected under any earlier versions of the Privacy Policy.

Notices

All notices required or permitted to be given under this Agreement (“Notices”) must be in writing. Wilbur Labs shall give any Notice by email sent to the most recent email address, if any, provided by the intended recipient to Wilbur Labs. You agree that any Notice received from Wilbur Labs electronically satisfies any legal requirement that such Notice be in writing. You shall give any Notice to Wilbur Labs by submitting said Notice to us by completing the “Contact” form on the Website or contacting us at legal@wilburlabs.com.

Miscellaneous

Except as specifically stated herein, this Agreement constitutes the entire agreement between Wilbur Labs and you concerning your use of the Website. Unless otherwise expressly stated, should any part of this Agreement be declared invalid, void, or unenforceable by an arbitrator or court of competent jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable. This Agreement may only be modified by a written amendment signed by an authorized executive of Wilbur Labs, or by the unilateral amendment of this Agreement by Wilbur Labs along with the posting by Wilbur Labs of that amended version. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Wilbur Labs. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. You and Wilbur Labs are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except where expressly stated in this Agreement, there are no third-party beneficiaries to this Agreement. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.

Contact Us

Wilbur Labs welcomes your questions or comments regarding these Terms.

Please contact us at legal@wilburlabs.com.

PRIVACY POLICY

This Privacy Policy, which is incorporated into our Terms, outlines the privacy practices of Wilbur Labs, LLC (“Wilbur Labs,” “we,” or “us”) in connection with the users of our website and related applications (the “Site” or “Website”).

What does this Privacy Policy cover?

We control the data collected and used through this Website. This Privacy Policy, which only applies to this particular Website, explains how we collect, use, and disclose information. We do not control any third-party actions, websites, content, or conduct (collectively, “Third-Party Websites”), regardless of whether those Third-Party Websites are linked to, redirected from, or accessible from our Website. Third-Party Websites have separate privacy practices and policies, which may include separate third-party Cookies or similar technologies. If you choose to visit or use Third-Party Websites, including by clicking on any hyperlinks and getting redirected to Third-Party Websites, you assume all risk of doing so.

When do we collect personal information?

This section describes when information is collected about you and other users of the Website.

Wilbur Labs primarily collects personal information when users provide that information directly to us or make the information public, such as when a user provides information through our “Contact” form. Examples of the information we may collect include your name, email address, and other information you voluntarily disclose. Wilbur Labs may collect other types of information, such as device, internet, and geolocation information from technical processes, such as when you access the Site and your browser sends device and/or internet information.

Wilbur Labs may use “Cookies” (files that are placed on your computer or electronic device when you visit a website), web beacons, and similar technologies. These allow us to gather technical device and internet connection, internet activity, and geolocation information. Wilbur Labs reserves the right to use the following types of Cookies, which may include Cookies that we or third parties place, to customize and streamline your experience: (1) Necessary Cookies, which are essential in order for a website to display and perform properly. Necessary Cookies are used, for example, to identify you and prevent security risks. (2) Preferences Cookies, which are used to store preferences set by you, such as your language preferences. (3) Analytics and Performance Cookies, which collect information on how you and other users interact with a website. Often, this information is aggregated and is used to improve the Website. The Site contains third-party Cookies to collect information, analyze aggregate activity, and show personalized ads.

You can change your Cookie settings in your internet browser (e.g., Chrome, Edge, Firefox), but you risk that some of the features of the Website may not function correctly. For more information, see allaboutcookies.org.

What categories of information do we collect?

This section describes the categories of information that we collect through the Website.

As an initial matter, we collect information when you provide it to us over the Website, such as when you fill out a “Contact” form or sign up to receive emails.

When you use the Website, we may automatically gather information made available by your web browser (such as Google Chrome), internet service provider (such as Comcast), and device (such as your computer or phone), depending on your settings for each. For example, we may collect your IP address, navigation and click-stream data, browser type, browser version, information about the operating system or type of device you use, the device ID associated with your device, the date and time you access the Website, your login attempts, the pages of our Website that you visit, the time spent on those pages, your mobile operating system, and unique device identifiers and other diagnostic data. We may also gather certain information automatically and store it in log files, including IP addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. Further, we may collect information about where you are located. For example, we may collect your approximate location from your IP address.

From time to time, we may collect other information from you. Wilbur Labs may also create new information about you by drawing inferences from the information identified in the categories listed above.

How is your information used?

This section describes how your personal information may be used. When Wilbur Labs uses your information for a “Business Purpose,” it means such use is reasonably necessary and proportionate to achieve an operational purpose of the Website. Wilbur Labs only processes your information to the extent that is necessary to accomplish the below-referenced Business Purposes which serve as our legitimate interest.

How is your information disclosed to others?

This section describes how your information may be disclosed or shared with third parties. When Wilbur Labs shares your information for a “Business Purpose,” it means such use is reasonably necessary and proportionate to achieve an operational purpose of Wilbur Labs.

How is your information protected?

We process and transfer data to the United States. Wilbur Labs uses reasonable security measures and tools (such as SSL encryption and HTTPS protocol) that are designed to be a security safeguard. While we review our security procedures and take data security seriously, no system or website can be 100% secure. In other words, you should not expect that information communicated over our Site or the internet generally will be secure. You should notify us as soon as possible if you believe there has been a security breach.

Wilbur Labs will retain your information for the length of time necessary to fulfill the Business Purposes outlined in this Privacy Policy.

What are your privacy rights?

Certain privacy laws grant users various privacy rights, such as to access and delete personal information we have collected, as outlined further below. If you have a specific privacy request regarding your information, please contact us by filling out a Contact Form or emailing us with your name and email address (or other identifier used with the Website) at legal@wilburlabs.com. To protect user privacy and security, we may require that you, or your agent if applicable, verify the identity of the requestor. A number of states have enacted their own privacy laws that may apply to users depending on where you reside, for example, California, Colorado, Connecticut, Utah, Virginia. If applicable to you, you may:

Access your information and know the categories of information we have collected and the sources, our related business and commercial purposes, the categories of third parties to whom data is disclosed, and the information we have collected about you. Under California's "Shine the Light" law, California residents who provide personal information may request information regarding disclosure of personal information to third parties for their direct marketing purposes.

Delete your information, subject to certain legal limitations.

Amend your information if it is inaccurate.

Limit the processing of certain information or any automated decision making.

Opt Out of certain practices, such as any selling or sharing of information, or marketing communications. For more information, use the relevant opt-out links on the Website or follow the prompts in the related communications. If you opt out of advertisements, we may still send you non-promotional messages, such as related to your use of the Service or legal updates. If you wish to opt out of Provider communications, please contact the Provider.

Non-Discrimination for assertion of your privacy rights or filing a complaint.

Other Rights, depending on your place of residence. For example, if you reside in Europe, you have the right to request certain copies of your personal data, including in a structured, commonly used, and machine-readable format or to request transmission of the information to a service provider where feasible; to ask us to correct inaccurate or incomplete data about you; to delete your personal data, subject to certain limitations (and we may retain your data as necessary for legitimate business interests, such as security and legal reasons, to comply with legal obligations, if information is already public, and if data is aggregated); to withdraw consent for processing by logging into your account or contacting us; to limit how we use your data; to object to processing of data, such as for direct marketing purposes or for a purpose based on legitimate or public interests, by contacting us as outlined below; and to lodge complaints by contacting us or a supervisory authority, including the European Data Protection Authorities.

The following are our legal bases for the processing of your information, e.g., in providing and improving the Service, communicating with you, complying with our legal obligations, preventing fraud, advertising to you, promoting safety and security, and responding to requests: Where we have your consent for such processing, where necessary to perform a contract with you, where processing is necessary to protect your or another person's vital interests, where processing is necessary for our or a third party's legitimate interests, unless they are overridden by your interests or fundamental rights or freedoms, and where necessary for us to comply with a legal obligation.

Please note that Wilbur Labs does not currently respond to DNT requests (DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked).

Do we collect information about children?

Wilbur Labs will never knowingly collect personal information about children under the age of 13. Because we do not collect such information about children, we have no such information to use or to disclose to Third Parties. If we obtain actual knowledge that we have collected personal information about children under the age of 13, we will immediately delete that information from our database.

How do we process opt-out requests?

When you give us your email address or email us, you consent to receive emails from us, including advertising messages and offers that may be of interest to you. Providing consent to promotional emails is not a condition of purchasing anything from Wilbur Labs. You can always opt out of receiving advertising emails by following the instructions in each email or by contacting us at legal@wilburlabs.com. Please note that, even if you unsubscribe from advertising emails, we may still send you any necessary, non-promotional emails, such as updates to our Privacy Policy and Terms.

What is our contact information?

The Website contains a Contact Form. You can also contact us at legal@wilburlabs.com. Our address is 1172 S Dixie Hwy, #571, Coral Gables FL 33146. We may store information gathered relating to your requests or communications or disclose it if needed to process your request.

How do we modify our Privacy Policy?

The version of this Privacy Policy posted on the Website is the current version, and if any modifications are made, we will post the then-current version on the Website. Any modified Privacy Policy will only apply as of the effective date of the Privacy Policy.

This Privacy Policy was last updated on September 03, 2024.