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Terms of Service (TOS)

Effective Date: January 20, 2026

Last Updated: January 20, 2026


These Terms of Service (“Terms”) govern your access to and use of the website, products, and services offered by Exotic Plant Labs (“EPL,” “we,” “us,” “our”). EPL operates in association with Exotic Plant Food, LLC and Innovative Technical Holdings LLC (together with EPL, the “EPL Group”). By accessing or using the Services, placing an order, submitting a sample, or otherwise indicating acceptance (including by checking/ or not checking a box at checkout), you agree to these Terms.


If you do not agree, do not use the Services. By placing an order, the customer/clients defacto agree to the Terms of Service at set forth herein.


Important: The Services are intended for plant material and plant genetics only. We do not provide human genetic testing.  

1) Definitions

  • “Services” means our website, ecommerce store, sample submission workflow, lab testing services, reporting, and related support.  
  • “Sample” means any plant tissue, plant material, genetic material, or related submission you send to EPL Group for processing or analysis.  
  • “Results” means reports, findings, outputs, and any data delivered to you.  


2) Eligibility and Account Use

You must be at least 18 years old (or the age of majority in your location) to purchase Services. You agree that any information you provide is accurate and that you will keep it updated.

3) Orders, Pricing, and Payments

All prices are shown in U.S. dollars unless stated otherwise. Taxes, shipping, and handling may apply.


Payment must be received before we begin processing, unless we agree otherwise in writing. We may refuse, cancel, or limit orders at our discretion (for example, for suspected fraud, prohibited samples, or operational capacity).

4) Sample Submission Requirements

You agree to follow our submission instructions (packaging, labeling, and any required forms). You are responsible for:

  • Accurate labeling and sample identification  
  • Shipping costs (unless otherwise stated)  
  • Proper packaging to prevent leakage, contamination, or damage  

We are not responsible for Samples that arrive compromised due to improper packaging, customs issues, delays, extreme temperatures, or carrier handling.


5) Prohibited Samples and Compliance

You agree not to submit:

  • Any human sample, human DNA, or human biological material  
  • Any unlawful material, contraband, or hazardous substance not permitted by applicable carrier rules or law  
  • Samples you do not have the legal right to possess and submit  

You represent and warrant that you have the rights and permissions necessary to submit the Sample and request testing.

6) Turnaround Times; Service Nature

Any turnaround time (“TAT”) estimates are good-faith targets, not guarantees. Delays may occur due to sample quality, queue volume, instrument availability, shipping delays, or quality-control holds.
Results are provided “as is” and are intended to support decision-making (for example, collection planning, breeding plans, or recordkeeping). Lab results can be affected by sample condition, inhibitors, contamination, or biological variation.


7) Ownership of Samples, Genetic Material, and Intellectual Property

This section is a core part of these Terms.

A. Transfer of ownership upon receipt and acceptance

Upon delivery to and acceptance by the lab, you agree that the EPL Group owns the Sample and all genetic material contained within or derived from it. This includes, without limitation:

  • The physical Sample you submit (including residual material)  
  • Extracted nucleic acids (DNA/RNA)  
  • Aliquots, residual extracts, prepared materials, amplified products, and any derivatives created during processing  


B. Ownership of derived data and IP

You agree that all information, data, and materials derived from the Sample and generated through the Services are the intellectual property and physical property of the EPL Group, including, without limitation:

  • Raw data, intermediate files, run logs, and QC records  
  • Analysis outputs, reports, and report formats  
  • Protocols, methods, workflows, and improvements  


C. Limited license to you

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Results we deliver to you for your personal use or internal business purposes.


You may not:

  • Resell, sublicense, or commercialize the Results as a standalone product/service  
  • Remove or alter any proprietary notices on delivered reports  
  • Use our Results to falsely imply EPL Group endorsement or certification of third parties  


If you want broader usage rights (for example, for resale or white-label distribution), contact us for a written agreement.


8) Sample Retention, Consumption, Disposal

Testing typically requires consumption of all or part of your Sample. Unless otherwise agreed in writing, we may:

  • Consume the Sample during processing  
  • Retain residual material for quality assurance, re-testing, or internal recordkeeping  
  • Dispose of residuals according to our lab practices  

We do not guarantee return of any Sample.


9) Communications and Electronic Delivery

You agree we may contact you electronically (email, website notices) regarding your order, sample status, and Results. Results may be delivered digitally.


10) Acceptable Use of Website

You agree not to:

  • Attempt to gain unauthorized access to the site or systems  
  • Interfere with or disrupt the Services  
  • Copy, scrape, reverse engineer, or misuse the site content or lab outputs beyond permitted use  


11) Refunds, Reprocessing, and Chargebacks

Because Services involve lab time and consumables, refunds are limited.
Common approach (edit to match your actual policy):

  • Before processing begins: We may allow cancellation/refund minus transaction fees and any shipping/handling already incurred, or any variation as stated here as performed by the company. The final determination will rest solely at the discretion of the Company.  
  • After processing begins: Orders are generally non-refundable.  
  • Failed/invalid results due to Sample quality: We may, at our discretion, offer discounted reprocessing or a one-time re-test if feasible, but we do not guarantee re-test success.  

Chargebacks or payment disputes made in bad faith may result in suspension of access to Services. collection efforts and/or legal action.


12) Disclaimers

THE SERVICES AND RESULTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE EPL GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that Results will be error-free, uninterrupted, or that a particular outcome will be achieved.

13) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE EPL GROUP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations; in that case, limitations apply to the greatest extent permitted.

14) Indemnification

You agree to indemnify and hold harmless the EPL Group from claims, damages, liabilities, and expenses arising from:

  • Your Sample submission (including lack of rights/permissions)  
  • Your misuse of Results  
  • Your violation of these Terms or applicable law  


15) Privacy

Our Privacy Policy explains how we collect and use personal information. By using the Services, you agree to our Privacy Policy.

16) Changes to the Services or Terms

We may modify the Services or these Terms from time to time. Updated Terms will be posted with a revised “Last Updated” date. Continued use after changes means you accept the updated Terms.


17) Governing Law; Venue

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles. You agree that any dispute will be brought in state or federal courts located in Colorado, unless we both agree to another forum in writing.(Optional: add arbitration/mediation here if your attorney recommends it.)


18) Severability

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.


19) Contact Information

Exotic Plant Labs (in association with Exotic Plant Food, LLC and Innovative Technical Holdings LLC) |  Email: info@exoticplantfood.com Mailing Address: PO Box 2427, 18695 Pony Express Drive, Parker, CO 80134, USA


Placing an order means you agree to our Terms of Service and Privacy Policy. It also means you agree that when the lab receives and accepts your sample, the sample and anything derived from it (including genetic material and data) becomes the property and intellectual property of Exotic Plant Labs, Exotic Plant Food, LLC, and Innovative Technical Holdings LLC.


Copyright © 2026 Nepenthes Testing - All Rights Reserved. In association with Innovative Technical Holdings, LLC,
Exotic Plant Food, LLC & Exotic Plant Labs.

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