Terms of Service

These Terms of Service ("Terms") govern your access to and use of The Label Kitchen, a web-based label and document design platform ("Service"), operated by The Label Kitchen LLC, a limited liability company registered in the State of Minnesota ("Company," "we," "us," or "our").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you have a separate written agreement with us, such as a Managed plan agreement, it prevails over these Terms where they conflict.

1. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You are responsible for everyone you give access to, including workspace members and the API tokens they create. Only the account holder can reopen a closed account or transfer what it owns. We do not move accounts, billing groups, or their content between people on anyone else's request. You agree to notify us immediately of any unauthorized use. We reserve the right to suspend or terminate accounts that violate these Terms.

3. Subscription & Payment

The Service offers a free plan and paid subscriptions. Some features require a paid subscription. Paid subscriptions are billed on a recurring monthly basis. Payments are processed by our merchant of record, Creem ("Creem"), which handles billing, tax collection, and payment processing on our behalf. Your purchase is subject to Creem's Terms of Service.

If a paid subscription ends, your account moves to the free plan's limits. You choose which templates stay active, and that choice is final until you subscribe again. Until you choose, editing and exports are paused. Your other templates are kept, can be viewed, and remain available for export as data under Section 11.

Prices are listed on our website and may be updated with 30 days' notice. Existing subscribers will be notified before any price change takes effect on their next billing cycle.

4. Free Trials & Early Access

We may offer free trials or early-access periods at our discretion. At the end of a trial, continued access to paid features requires an active subscription. We may modify or discontinue trial offers at any time.

5. Acceptable Use

You agree not to: (a) use the Service for any unlawful purpose; (b) attempt to reverse-engineer, decompile, or derive source code from the Service; (c) interfere with or disrupt the integrity or performance of the Service; (d) access the Service through automated means (bots, scrapers) except via our published API; or (e) resell access to the Service without written authorization.

6. Intellectual Property

All rights, title, and interest in the Service, including its software, design, trademarks, and documentation, are owned by us or our licensors. Templates and documents you create using the Service are yours. "Templates" means the visual designs you create and their rendered outputs, including PDF and ZPL exports. The underlying schema, data model, rendering engine, and internal representations used to store and process templates are part of the Service and remain the property of us or our licensors.

Exports may include structured data that describes your templates, such as field paths and variable definitions. You may use that data freely, including to move your templates to another service.

7. Data & Privacy

Your use of the Service is also governed by our Privacy Policy, published at https://the.label.kitchen/legal-and-privacy, which describes how we collect, use, and protect your information.

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. We may perform scheduled maintenance or experience outages. We are not liable for any loss resulting from Service downtime.

9. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Our total aggregate liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

10. Termination

You may cancel your subscription at any time through your account settings or by contacting us, unless a separate written agreement (such as a Managed plan agreement) sets a minimum term. If you close your account before a minimum term ends, the fees for the rest of that term become due as a single payment within 30 days, unless we agree otherwise in writing. We may suspend or terminate your access for violation of these Terms, with or without notice. Upon termination, your right to access the Service ceases immediately.

For 30 days after termination, whatever the reason for it, you may request an export of your exportable data, as defined in Section 11, in the formats described there, and we will provide it. After that period, the data is deleted and we will not recover it.

Sections that by their nature should survive termination (including Intellectual Property, Limitation of Liability, and Governing Law) will survive.

11. Switching and Data Portability

You may switch to another provider, or to your own systems, at any time. To start, contact us through the "Help" button or the email address at the top of https://the.label.kitchen/legal-and-privacy. Your notice takes effect on the date you choose, no more than two months after you contact us.

From that date: (a) for up to 30 days, the Service keeps running on your current plan and we provide your exportable data; you can end this period sooner by telling us you are done; (b) your data then remains available for you to retrieve for at least 30 more days; and (c) after that, we erase your exportable data, unless you ask us to keep it longer.

Our assistance covers our side of the switch: how to export your data, and what the exported files contain and how they are structured. We will answer those questions from you or from a provider you authorize. We do not set up, configure, or support any other system, and questions about it are outside our support.

Exportable data includes your templates as ZPL files with their field definitions embedded as JSON comments; your address tables and lookup tables as CSV files; and your account, workspace, and settings data as a JSON file. These are structured, commonly used, machine-readable formats. Our software, rendering engine, and internal representations (Section 6) are not exportable data.

We do not charge for switching. Fees for the period before your switch completes follow your normal plan. Switching does not end a minimum term early; Section 10 applies to the fees for the rest of that term.

12. Modifications

We may update these Terms and our other policies, such as the Privacy Policy and Refund Policy, from time to time. When we make material changes to any of them, we will notify you by email or in the app at least 14 days before you are required to accept them. From that date, you must accept every revised policy to keep using the Service, including the API. Until you do, your access is paused, and your data is kept and remains available for export under Section 11. If you do not accept a revised policy, you may cancel under Section 10, and your data remains available for export as described there.

13. Assignment

We may assign or transfer these Terms, together with your account and your data, to an affiliate, or to anyone who takes over all or part of our business, including through a reorganization, a change of legal form or jurisdiction, a merger, or a sale of assets. We will notify you at least 30 days before the transfer takes effect. The successor will be bound by these Terms and our Data Processing Agreement. If you do not agree, you may cancel before the transfer takes effect and export your data as described in Section 10.

A transfer may require you to renew a paid subscription through the successor's payment account. If so, the notice will explain how, and we will time the change so that you are not billed twice for the same period.

You may not assign or transfer these Terms without our written consent.

14. Governing Law

These Terms are governed by the laws of the State of Minnesota, without regard to conflict-of-law principles. Any disputes shall be resolved in the state or federal courts located in Minnesota.

15. Contact

Questions about these Terms? Use the "Help" button or the email address at the top of https://the.label.kitchen/legal-and-privacy.