Terms of Service

These Terms of Service (“Terms” or “Terms of Service”) are a legally binding agreement between you (“you” or “your”) and Affabl (“we,” “our,” or “us”) governing your use of our Service.

Acceptance of Terms
You accept these Terms of Service by:

  • Accessing or using the Service
  • Clicking to accept these Terms of Service, or
  • Accepting these Terms in any other way.

Note: Please review sections 7 and 8 regarding Personal Information, and section 11 regarding arbitration provisions.

We may modify these Terms (except section 11) at our discretion by posting updates on our Website. Changes are effective upon posting or as specified.


1. Definitions

  • “Account Information”: Details provided by you to create and maintain an account for accessing the Service.
  • “Affabl Platform”: Technology provided by us, excluding Third-Party Products.
  • “Beta Services”: Optional services available for testing (e.g., “alpha,” “beta”).
  • “Contributor Database”: Our database of Personal Information available through the Platform.
  • “Output Data”: Data available to you through the Platform, excluding Submitted Data.
  • “Order Form”: Document specifying subscription details and fees.
  • “Personal Information”: Defined by applicable law as information identifiable to a person.
  • “Service”: Includes the Platform, Beta Services, and associated features.
  • “Service Metadata”: Information inferred by us during email delivery and service provision.
  • “Submitted Data”: Content provided by you within the Service.
  • “Third-Party Products”: Non-Affabl products/services integrated with the Service.
  • “UK/EU GDPR”: GDPR regulations for data protection.
  • “Website”: Any Affabl-related webpage where these Terms are accessible.


2. Account, Eligibility, and Security

  • Account Information

    • Accurate and up-to-date account information is required to access the Service.

  • Eligibility Restrictions

    • Only authorized employees or service providers may use the Service.
    • Competitors of Affabl are not permitted to access the Service.

  • Account Security

    • Responsibility for maintaining account security lies with you.
    • You must:
      • Keep account credentials secure.
      • Restrict access to the Service to approved devices.
      • Update OS and anti-malware software.
      • Revoke access for terminated employees within 24 hours.
      • Report any security incidents within 72 hours.

  • Beta Services

    • Provided “as is,” without warranties or liability.

  • Third-Party Products

    • You use Third-Party Products at your own risk, with no liability on our part.


3. Account Types, Credits, and Payment Terms

  • Subscriptions and Customized Service Accounts

    • Monthly/annual subscription or customized service terms based on the Order Form.

  • Credits

    • Credits expire at the end of each billing cycle; unused credits are non-refundable and non-transferable.

  • Fair Use Policy

    • Unlimited email credit plans operate under a fair use policy to prevent abuse. Limits apply based on account type.

  • Payment Terms

    • Fees: Due based on the Order Form timeline.
    • Payment Disputes: Must be raised within 30 days of invoice.
    • Taxes: You are responsible for any applicable taxes.
    • Refunds: All payments are non-refundable.


4. Term Renewal

  • Subscriptions automatically renew unless canceled at least 30 days before the term ends for annual subscriptions.


5. Ownership and Licensing

  • Ownership of Service

    • All intellectual property and content on the Service belongs to Affabl.

  • License to You

    • You receive a non-exclusive, revocable license for personal or internal business use only.

  • License Restrictions

    • You may not resell, distribute, reverse engineer, or misuse the Service or Output Data.

Note: Violations may result in termination or legal action.


6. Data Ownership and Licensing

  • Submitted Data

    • You retain ownership of all Submitted Data but grant us the right to use it to improve the Service.

  • Licenses Granted to Us

    • Affabl may use, analyze, and share Submitted Data in aggregated, de-identified forms.


7. Consumer Consents and Responsibilities

  • Responsibility for Output Data Use

    • You are solely responsible for using Output Data and any related communications.

  • Legal Compliance

    • Compliance with all laws, including consent and notice requirements, is your responsibility.


8. Data Privacy and Security

  • Data Processing Agreement

    • Incorporated by reference; parties will comply as outlined.

  • Privacy Policy

    • Collection and handling of Personal Information are outlined in our Privacy Policy.

  • Nature of Exchange

    • Submitted Data may be shared in aggregated forms, potentially classified as a “sale” under certain statutes.


9. Disclaimers

The Service is provided “as is” without warranties. We disclaim any responsibility for content accuracy, uninterrupted operation, or protection against harmful components.


10. Limitation of Liability

  • Damages

    • We are not liable for indirect, incidental, or consequential damages arising from Service use.

  • Aggregate Liability

    • Our total liability is limited to the amount paid by you in the last 12 months.


11. Arbitration, Class Action Waiver, and Applicable Law

Arbitration Agreement and Waiver
You agree to resolve disputes through binding arbitration and waive rights to class actions.

  • Federal Arbitration Act: Governs enforcement.
  • Initial Dispute Resolution: Attempt informal resolution before arbitration.
  • Binding Arbitration: If unresolved, all claims are settled by JAMS.
  • Class Action Waiver: Disputes are individual, not class-based.

Opt-Out Option: You have 30 days to opt out of arbitration by notifying support@Affabl.io.

  • Applicable Law: Governed by California law, with venue in San Francisco County, California.


12. Indemnification

You agree to indemnify and hold us harmless against claims arising from:

  1. Your use of the Service.
  2. Breach of these Terms.
  3. Violation of any law or third-party rights.


13. Changes to the Service

Affabl may modify the Service’s features or discontinue it at any time.


14. Confidentiality

  • Confidential Information: Must be protected by the Receiving Party with due care.
  • Required Disclosure: Notify the Disclosing Party if legally compelled to disclose.
  • Return or Destruction: Confidential information must be returned or destroyed upon request.


15. Equitable Relief

In case of violations of the Resale Restriction, Affabl may seek equitable remedies including injunctive relief.


16. Miscellaneous Provisions

  • Complete Agreement: These Terms are the entire agreement between us regarding the Service.
  • Independent Contractors: This relationship is solely that of independent contractors.
  • Assignment: You may not assign these Terms; Affabl may do so at its discretion.
  • Severability: Invalid provisions do not affect enforceability of the remaining terms.
  • Waiver: Failure to enforce any part of these Terms is not a waiver of rights.

Notice
For any legal notices, contact us at support@Affabl.io or at 440 N Barranca Ave #4750, Covina, CA 91723.

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