Testing and Regulatory Services Terms

Version 1.0, in force from 2026-09-16. An attorney review is scheduled; any change will be published here with a new version and date.

These are the terms for skinbyklynn.com and for every stability, microbial and regulatory-prep order placed with Skin By K.Lynn LLC ("SKL"). Formulation development projects and retainers run on a separate signed agreement, not on these terms.

KEY TERMS

These key terms apply to every order until SKL publishes a change at skinbyklynn.com/terms.

STANDARD TERMS

1. Acceptance

1.1 There is no checkout on this site and no card is taken. A client sends a request through a form on skinbyklynn.com or by email. SKL reviews it and issues an invoice. Paying that invoice accepts these terms and forms the contract for that order.

1.2 If a client's own purchase order or terms arrive with the payment, they do not apply. These terms govern unless SKL agrees otherwise in a signed writing.

1.3 SKL may decline any request for any lawful reason, including a sample or product SKL is not equipped to handle.

1.4 Business use. By sending a request the client confirms it is a business or a person acting for business purposes, and that the services are for use in its trade. SKL does not offer these services to consumers.

2. What SKL does in-house and what SKL coordinates

2.1 SKL's catalog is organised in three service lines, and every product card carries the badge that tells the client who does the work:

• Stability Testing, badge IN-HOUSE. SKL performs this work itself: 3-month accelerated stability at 40 degrees C, 12-month room temperature stability at 25 degrees C, and the combined bundle. Each is an 8-point evaluation covering visual and organoleptic assessment, phase separation, texture and crystallization, weight loss, packaging compatibility, pH, photo documentation, and a summary report.
• Microbial Testing, badge 3RD PARTY PARTNER. The standard panel (total aerobic count, yeast and mould, and a cosmetic pathogen screen in the style of USP chapters 61 and 62) is performed by an accredited third-party laboratory. SKL coordinates it.
• Regulatory Filings. Label and claims review, Product Information File assembly, and US MoCRA facility registration and product listing preparation carry the badge IN-HOUSE and are prepared by SKL. EU and UK Responsible Person, CPSR and notification carry the badge 3RD PARTY PARTNER and are delivered by a partner whose service SKL resells.

2.2 The badge on the product card is a term of this contract, not marketing. A client is entitled to rely on it.

3. Non-accreditation of in-house stability work

3.1 SKL is not an ISO 17025 accredited laboratory. The following sentence appears on every page and report touching in-house stability data, and the client accepts it as a term of this contract:

Conducted under monitored in-house environmental conditions to support internal shelf-life assessment and product development. This does not constitute ISO 17025 certification or regulatory approval.

3.2 SKL does not describe in-house stability work as certified, validated or accredited, and a client may not do so either when passing an SKL stability report to anyone else.

4. Third-party services

4.1 Resold services are labelled in the catalog as:

Certified Third-Party Testing — Coordinated by SKL

4.2 For every resold service, SKL is the coordinator, not the tester or the filer. SKL selects and instructs the partner, ships or forwards the sample, tracks the study, and delivers the result. The partner performs the underlying work.

4.3 The performing partner and its accreditation are named on the report delivered to the client. If SKL changes partners mid-order, SKL tells the client before the work moves.

4.4 SKL's responsibility for a resold service is the coordination. Responsibility for the underlying test or filing sits with the partner, on the partner's own terms, which SKL will make available to the client on request.

5. Use of results

5.1 Reports are prepared for the client's internal shelf-life assessment, product development and record-keeping.

5.2 Results apply only to the sample as received, in the container and condition in which it arrived, on the date it arrived. They say nothing about any other batch, any other packaging, or the same formula made elsewhere.

5.3 Interpretation of a report, and every regulatory, commercial and safety decision made from it, belongs to the client.

5.4 A client may not submit an SKL in-house stability report to a regulator as evidence of compliance, and may not give it to a third party who will rely on it, without SKL's prior written consent. Consent is not unreasonably withheld, and it is normally given for a contract manufacturer, an insurer or a retailer who asks for it, provided the non-accreditation sentence travels with the report.

5.5 Reports may not be quoted in part, excerpted, or reproduced with the disclosure removed.

6. Samples

6.1 What to send. The invoice and the confirmation email state the quantity, packaging and labelling required for each service, and the ship-to address. The ship-to address is given after the invoice, not published on the site. The site shows only the city and ZIP, Washington, D.C. 20003. The confirmation email that follows the invoice states the quantity, packaging and labelling required for each service.

6.2 Shipping. The client ships at its own cost and risk. Title to the sample stays with the client. Risk of loss passes to SKL on delivery to the stated address.

6.3 Hazards. The client must tell SKL, in writing before shipping, of any known hazard in the sample: flammability, corrosivity, a regulated or controlled ingredient, a biological material, or anything requiring special handling or disposal. The client indemnifies SKL for loss arising from an undisclosed hazard. SKL may refuse, quarantine, or return at the client's cost any sample that arrives undisclosed and unsafe.

6.4 Retention and disposal. SKL keeps remaining sample material for 30 days after the final report, then disposes of it without further notice. Stability samples are held for the length of the study and disposed of on the same schedule after the final report.

6.5 Return. SKL returns remaining material only if the client asks in writing before the retention window closes, and the client pays return shipping. Special handling, hazardous disposal and cold-chain charges are billed at cost.

7. Turnaround

7.1 The length of a stability study is fixed by the program and is not a turnaround estimate: a 3-month accelerated study runs three months, a 12-month room temperature study runs twelve.

7.2 Reporting time is the interval between the end of the study (or, for a regulatory-prep service, receipt of the client's complete inputs) and delivery of the report. An in-house stability report is delivered within 10 business days after the study ends. A regulatory-prep deliverable is delivered within 10 business days of SKL receiving the client's complete inputs.

7.3 Turnaround for a resold service is the partner's, and SKL passes through the partner's commitment rather than making its own.

7.4 A clock does not start until SKL has the sample, the client's inputs, and payment.

8. Pricing

8.1 Prices are those published in the catalog on the date of the invoice, in US dollars.

8.2 The published volume tier applies automatically: once three or more units of the same test are on one order, every unit of that test is billed at the 3+ unit price. This is shown as a discount on the invoice.

8.3 Bundles are priced as published and are not combinable with the 3+ unit tier on the same unit.

8.4 Resold EU and UK services are quoted per product, because the price is the partner's cost plus SKL's coordination markup.

8.5 Prices may change. A change never applies to an invoice already issued.

9. Invoices and payment

9.1 SKL invoices directly. There is no payment processing on skinbyklynn.com.

9.2 Invoices are due net 15 days from the invoice date.

9.3 Late amounts carry 1.5% per month, or the maximum rate permitted by District of Columbia law if that is lower.

9.4 If a client disputes part of an invoice, the client tells SKL in writing what is disputed and why, and pays every undisputed amount on time. A dispute over one line does not hold up the rest.

9.5 If an invoice is overdue, SKL may pause work, hold reports, and decline new orders until it is paid. SKL will not destroy samples for nonpayment before the retention window in 6.4 closes.

9.6 Prices exclude taxes. The client pays any sales, use or similar tax properly due.

10. Corrections and retests

10.1 A client who believes a report contains an error asks for a correction in writing within 14 days of the report date, saying what is wrong.

10.2 If the error is SKL's (a transcription error, a miscalculation, the wrong sample tested, a departure from the stated program), SKL corrects or reruns the work at no charge, and covers the partner's retest cost on a resold service.

10.3 Otherwise a retest is a new order at the published price. A retest of a sample that was mislabelled, contaminated or shipped wrong by the client is not an SKL error.

10.4 After the correction window closes, a report is final.

11. No warranty of outcome

11.1 SKL performs its services with the care and skill of a competent cosmetic formulator and testing provider. That is the whole of the warranty. Everything else that might be implied, including merchantability and fitness for a particular purpose, is disclaimed to the extent the law allows.

11.2 SKL does not warrant that a product will pass any test, remain stable, be safe or effective, be accepted by a regulator, or be approved, registered, listed or notified.

11.3 Regulatory responsibility stays with the client. This includes obligations under MoCRA in the United States and under Regulation (EC) No 1223/2009 in the European Union and its UK equivalent: facility registration, product listing, safety substantiation, adverse event reporting, and the appointment of a Responsible Person. SKL prepares and coordinates. SKL does not act as the client's Responsible Person, US agent, or responsible party unless a separate written engagement says so and names SKL in that role.

12. Limitation of liability

12.1 SKL's total liability for all claims arising out of an order is capped at the fees the client actually paid SKL for that order.

12.2 Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost goodwill, recall costs, or the cost of destroyed or unsellable inventory, even if warned they were possible.

12.3 The cap and the exclusion in 12.1 and 12.2 do not apply to gross negligence, willful misconduct, fraud, a party's indemnity obligations under section 13, or a breach of confidentiality under section 14.

13. Indemnities

13.1 Client indemnifies SKL against third-party claims arising from: a hazard in a sample the client did not disclose; the client's use of a report outside section 5, including use in a regulatory submission or by a relying third party without consent; the client's manufacture, marketing or sale of a product; and the client's own regulatory noncompliance.

13.2 SKL indemnifies the client against third-party claims arising from SKL's gross negligence or willful misconduct, and from SKL's infringement of a third party's intellectual property in a deliverable SKL authored.

13.3 The party seeking indemnity gives prompt written notice, lets the other party control the defence, and cooperates. No settlement that admits fault or imposes an obligation on the indemnified party without its consent.

14. Confidentiality

14.1 Each party keeps the other's confidential information in confidence, uses it only to perform or receive the services, and protects it at least as carefully as its own. A client's formulas, ingredient lists, supplier names, test results and product plans are confidential information.

14.2 The usual carve-outs apply: information that is public through no fault of the receiver, was already known, is independently developed, or is lawfully received from someone else. A legally compelled disclosure is allowed with prompt notice where notice is lawful.

14.3 SKL does not name a client or describe a client's product publicly without written permission.

14.4 Confidentiality survives the order by 3 years, and indefinitely for anything that qualifies as a trade secret.

15. Subcontracting and force majeure

15.1 SKL may subcontract any part of the services, and does so for every service badged 3RD PARTY PARTNER. SKL remains the client's point of contact and remains responsible for coordination. SKL binds every subcontractor to confidentiality terms at least as protective as section 14.

15.2 Neither party is liable for a delay or failure caused by something outside its reasonable control: natural disaster, fire, epidemic, labour action, carrier failure, utility or network outage, or government action. The affected party tells the other promptly and does what it reasonably can to limit the impact. A study interrupted by such an event may need to be restarted, and the parties will agree in writing who bears that cost before restarting.

16. General

16.1 Governing law. The laws of the District of Columbia, without regard to conflict of law rules.

16.2 Forum. The courts of the District of Columbia. Each party consents to their jurisdiction.

16.3 Changes to these terms. SKL may change these terms by publishing a new version at skinbyklynn.com/terms with a new date. The version in force on the date an invoice is issued governs that order. A change never applies backwards.

16.4 Assignment. Neither party may assign this contract without the other's written consent, except to a successor of its whole business.

16.5 Entire agreement. These terms, the invoice, and the catalog page for each service ordered are the whole agreement for that order, and they replace anything said before.

16.6 Severability. If a provision is unenforceable, the rest survives.

16.7 Contact. inquiry@skinbyklynn.com, Skin By K.Lynn LLC, Washington, D.C. 20003.

Sources

• Common Paper Professional Services Agreement and Cloud Service Agreement, Key Terms plus Standard Terms structure: https://commonpaper.com/standards
• Cora Science terms of service: liability capped at fees paid for the specific services; results apply only to the sample as received; client owns interpretation and regulatory decisions; client indemnity for sample hazards and misuse of reports; corrections requested in writing; net-30 with undisputed amounts payable during a dispute: https://www.corascience.com/terms
• Certified Laboratories and Endyne Labs published terms: sample retention and disposal without notice after a stated window; client pays special handling and return shipping; no warranty of fitness.
• D.C. Code 28-3901 et seq., Consumer Protection Procedures Act.
• MoCRA (Modernization of Cosmetics Regulation Act of 2022); Regulation (EC) No 1223/2009.
• catalog/services.yaml (disclosures.stability, disclosures.third_party, badges, prices, tiers) and Skin By K.Lynn blueprint pages 1, 5 and 8.