Abobos Ltd Terms Of Service

These Terms of Service (these “Terms”) of Abobos Ltd (“we,” “our” , “us” or “Abobos” ) are an agreement that describes your rights and responsibilities as an Abobos Ltd customer or user of one of our hosted services on abobos.com, smartLobby.co and all their respective subdomains.

We will use the term ABOBOS or ABOBOS LTD, Abobos or Abobos Ltd to indicate any product, system or service provided by ABOBOS LTD.

More specifically, these Terms govern how you may access and use:

1. abobos.com, smartLobby.co and their respective subdomains, and any other website where these Terms are posted;
2. Abobos Ltd online hosted services; and
3. Abobos Ltd “Software” meaning, collectively, our browser extensions, integrations, mobile applications, other downloadable apps, application programming interfaces (“APIs”), and tools and documentation  collectively, our “Service” .

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY CREATING AN ABOBOS ACCOUNT, CLICKING “SIGN UP”, “SIGN UP WITH GOOGLE”, “SIGN UP FOR FREE”, “SUBMIT”, OR THE LIKE INDICATING ACCEPTANCE ELECTRONICALLY, AGREEING TO THESE TERMS IN AN ORDER FORM OR OTHER ORDERING DOCUMENT REFERENCING THESE TERMS, OR BY ACCESSING OR USING ABOBOS , WHETHER OR NOT YOU ARE A REGISTERED USER OF ABOBOS LTD, YOU SIGNIFY THAT:

1. YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS;
2. YOU HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH OUR ACCEPTABLE USE POLICY, AS UPDATED FROM TIME TO TIME (“ACCEPTABLE USE POLICY”), WHICH IS AVAILABLE AT abobos.com/acceptable-use-policy AND IS INCORPORATED INTO THESE TERMS BY REFERENCE; AND
3. YOU HAVE READ, UNDERSTAND, AND ACKNOWLEDGE OUR PRIVACY POLICY, WHICH IS AVAILABLE AT abobos.com/privacy-policy (“PRIVACY POLICY”).WE RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED UNDER THESE TERMS.

If you are an individual and you access or use Abobos services on behalf of a company, organization, principal, or other entity, such as your employer (each, together with its affiliates, an “Organization”), then:

1. these Terms of Service are an agreement between us and you and us and that Organization;
2. you represent and warrant that you have the authority to bind that Organization to these Terms (and if you do not have the authority, you may not access or use Abobos);
3. your acceptance of these Terms will bind such Organization to these Terms;
4. your individual right to access and use Abobos may be suspended or terminated (and ownership and administration of your Abobos Account may be transferred) if you cease to be associated with, or cease to use an email address associated with, owned by, or provisioned by, that Organization;
5. we may disclose information regarding you and your use of the Service, including Your Content (defined below), to such Organization, or to appropriate individuals associated with that Organization; and
6. the terms “you” and “your”, as used in these Terms, refer to both you and such Organization. If you sign up for Abobos using an email address associated with, owned by, or provisioned by an Organization, or if an Organization pays fees due in connection with your access to or use of Abobos (or reimburses you for payment of such fees), or otherwise, then we may deem you, in our sole discretion, to be accessing and using Abobos on behalf of that Organization. You represent and warrant that all information that you provide to us regarding any Organization on whose behalf you use Abobos, including information identifying other users associated with such Organization or email domains owned by such Organization, is and at all times will be truthful, accurate, and complete, and that you will immediately notify us should any such information change or no longer be truthful, accurate, or complete.

Our Services

1. Eligibility
   You may use Abobos only if you can form a legally binding contract with us (and on behalf of your Organization as applicable), and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. To use Abobos, you must be at least 16 years old, and in some circumstances even older (please check your local law for the age of digital consent). You represent and warrant that you meet the applicable age requirements and are competent to agree to these Terms, or, if you are unable to form a binding contract under applicable law, you represent and warrant that you have your parent’s or legal guardian’s permission to use Abobos, and that your parent or legal guardian is agreeing to these Terms concurrently. If you are a parent or legal guardian of an Abobos user who is unable to form a binding contract under applicable law, you are agreeing to these Terms and you are responsible for such Abobos user’s activity on Abobos. Abobos is not available to any users who were previously removed from the Service.
2. Access, Restrictions, and Acceptable Use
   Subject to your compliance with these Terms, you may access and use Abobos during the Subscription Term (defined below), except as may be limited by your Organization. Except as we otherwise agree in writing or to the extent a restriction is prohibited by law, you must comply with our Acceptable Use Policy.
3. Abobos AccountsYour account on Abobos (your “Abobos Account”) gives you access to the services and functionality that we may establish and maintain from time to time. We may maintain different types of Abobos Accounts for different types of users. You acknowledge and agree that you do not own your Abobos Account.You may not use another user’s Abobos Account without such user’s permission. You are solely responsible for the activity that occurs on your Abobos Account, and you must keep your Abobos Account password(s) strong and secure. You should notify us immediately of any breach of security or unauthorized use of your Abobos Account. Any individual with administrator-level access to your Abobos Account can modify your Abobos Account settings, access and billing information. We will not be liable for any losses caused by any unauthorized use of your Abobos Account, or for any changes to your Abobos Account, including your ability to access your Abobos Account or Your Content (defined below), made by any individual with administrator-level access to your Abobos Account.You may control certain aspects of your Abobos Account profile and how you interact with Abobos by changing the settings in your settings page. If you provide us with your email address, we may use the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other marketing or advertising messages, such as changes to features of Abobos and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by logging into our preference center with the email address associated with your Abobos Account, or by clicking the unsubscribe link within each marketing or advertising message. Opting out will not prevent you from receiving Service-related notices.
4. Your Content
   As between us and you, you (or your licensors) will own any and all information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from you (or on your behalf) by or through Abobos (“Your Content”). For an Organizational account, we may assume, in our sole discretion, that all of Your Content belongs to that Organization.You (on behalf of yourself and your Organization, if applicable, and your other licensors) grant, and you represent and warrant that you have all rights necessary to grant, us transferable, sublicensable (through multiple tiers), and worldwide right and license to use, store, modify, and display Your Content:
   a) to provide, maintain, improve, and optimize use of Abobos;
   b) to perform such other actions as authorized by you in connection with your use of Abobos; and
   c) to provide customer services related to your use of Abobos
   c)  for any other purpose consistent with the Privacy Policy.If you are an individual using Abobos on behalf of an Organization and are collaborating with other employees or other individuals who have access to Your Content under your Abobos Account, or if you share Your Content with other individuals within or outside of such Organization, the content on your Abobos Account that you make available to such other individuals (as well as other information, such as the names and contact information of other individuals who have access to your workspace(s) or Your Content within Abobos) will be visible, accessible, and, depending on their designated level of access, editable by such individuals.

   You can remove Your Content from your Abobos Account by deleting it. However, in certain instances, some of Your Content may not be completely removed. We are not responsible or liable for the removal or deletion of any of Your Content, or any failure to remove or delete such content.

   In connection with Your Content, you represent and warrant that:
   a)  you have all necessary rights, licenses, and consents to provide, receive, access, and/or use Your Content and any other content you provide, receive, access, and/or use through or in connection with Abobos; and
   b) Your Content and our use thereof as contemplated by these Terms and our Service will not violate any law or infringe any rights of any third party, including any intellectual property rights and privacy rights.

   We take no responsibility and assume no liability for Your Content. You shall be solely responsible for Your Content and the consequences of posting it, publishing it, sharing it, or otherwise making it available on Abobos. You shall be solely responsible and indemnify us for Your Content.

5. Software
   To the extent you receive our Software, subject to your compliance with these Terms, during the applicable Subscription Term, we grant to you a non-exclusive, non-transferable, non-sublicensable right and license to use our Software solely as reasonably necessary for your use of Abobos in accordance with these Terms.
6. Service Changes, Suspension, and Termination
   You may cancel your Abobos Account at any time through your Account Settings page, though we will be sorry to see you go. We may change Abobos, stop providing Abobos or features of Abobos to you or to our users generally, or create usage limits for Abobos. We may permanently or temporarily terminate or suspend your access to Abobos without notice or liability, without cause or for any reason, including if in our sole discretion you violate any provision of these Terms. Upon termination, you continue to be bound by these Terms.
7. Product Trials
   In our sole discretion, we may make available to you certain product features on a trial basis, and such trial may be designated by us as an alpha, a beta, a pilot, a limited release, a test period, a developer preview, or an evaluation, or using another similar term (“Product Trial”). You may participate in any Product Trial, subject to these Terms and any additional terms and conditions made available by us. You acknowledge that product features made available to you as part of a Product Trial (“Trial Features”) might contain bugs, errors, or omissions. Trial Features are provided to you for testing purposes only, on an “AS IS” basis, without any warranty, liability, indemnity, or performance obligations. Trial Features are not subject to any service level agreements or support commitments. Trial Features might never be made available for general use or otherwise be provided in a future version of our Service, and we may discontinue Trial Features, or revoke your access to Trial Features, at any time for any or no reason, in our sole discretion, without any liability to you. Discontinuing Trial Features, or making Trial Features inaccessible to you, may have the effect of making some or all of Your Content inaccessible to you.

 Our Intellectual Property

You acknowledge and agree that Abobos and all materials and content displayed or made available on Abobos, and all software, algorithms, code, technology, and intellectual property underlying and included in or with Abobos, and all intellectual property rights therein and thereto throughout the world (collectively and individually, our “Intellectual Property”), are our (or our licensors’ as applicable) sole and exclusive property. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any intellectual property rights, and you agree not to access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any of our Intellectual Property.

You may choose to, or we may invite you to, submit comments, feedback, or ideas about Abobos, including about how to improve our Service (“Feedback”). You agree that Abobos will own any such Feedback, and that we are free to use the Feedback without any additional compensation to you, and to disclose the Feedback on a non-confidential basis or otherwise to anyone. You acknowledge that, by accepting your submission of Feedback, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

 Charges and Payment

1. Subscription PlansWe may offer plans that you may sign up for that allow you to use certain aspects of Abobos, either for free or for a fee (a “Subscription Plan”). We may change Subscription Plans, including by offering new services or features for additional fees and charges or by adding or amending fees and charges for existing Subscription Plans, in our sole discretion. Any change to a Subscription Plan’s pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in these Terms. Subscription Plans may set allotments for use of designated Service aspects. Use of Service aspects in excess of a Subscription Plan’s designated allotment may result in (additional) fees, and such fees will be included in a true-up invoice or charged automatically via the payment method associated with your Abobos Account (“Payment Method”).
2. Billing and Payment
   For any paid Subscription Plan, you agree to make payments, and we may automatically charge your Payment Method, as described below, for so long as your Abobos Account remains active. Subscription Plans may be offered for a set subscription period (each such period, a “Subscription Term”). If you elect to sign up for a paid Subscription Plan, you agree to the pricing and payment terms specified at checkout, or as otherwise posted or communicated to you, as we may update them from time to time. You must provide Abobos with a current, valid, accepted Payment Method. When you initiate a purchase transaction, you authorize us to provide your payment information to third parties so we can complete your transaction and to charge your Payment Method, in United States dollars, for the type of transaction you have selected (plus any applicable taxes and other charges) and any applicable recurring charges as described below. You will pay applicable taxes, if any, relating to any such transaction and are also responsible for any payment-related fees such as wire transfer fees, credit card processing fees, and foreign transaction fees.  If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to us.
3. 30 Day Money Back Policy
   If for any reason you decide to cancel your account within 30 days of your payment, you will be issued a refund for the full amount.
4. Renewals
   Your subscription continues until canceled by you or we terminate your access to or use of Abobos in accordance with these Terms. Unless and until canceled by you, all Subscription Plans will automatically renew for renewal terms equal in length to the original Subscription Term. If you do not want a Subscription Plan to renew, you must cancel it before the end of the Subscription Term via the account settings page on your Abobos Account). If you purchase a Subscription Plan, we (or our third-party payment processor) will automatically charge you each year or month, as applicable, on the anniversary of the commencement of your subscription, using the payment information you have provided, until you cancel your subscription. By agreeing to these Terms and electing to purchase a Subscription Plan, you acknowledge that your Subscription Plan has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or us.
5. Cancellations and Terminations
   If we cancel or terminate your Subscription Plan, except in the event of your breach or failure to pay fees when due, we will grant you a prorated refund for the remaining unused portion of your Subscription Term. If you cancel or terminate your Subscription Plan, your right to use Abobos will continue until the end of your then-current Subscription Term and then terminate without further charges.
   if you cancel your Subscription Plan within thirty (30) days of purchase, you will be eligible for a refund of any payments made for the canceled Subscription Term, and, if you request such a refund, your right to use Abobos will terminate immediately upon cancellation of your subscription.
6. Late Payments
   Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection).
7. Credits
   Any credits that may accrue to your Abobos Account (for example, as a result of a promotion or referral program, or a Subscription Plan downgrade) will expire one year following their accrual, or upon expiration or termination of your Abobos Account, whichever is earlier. Notwithstanding the foregoing, any credits accrued to a workspace on a free Subscription Plan will expire if the workspace’s Subscription Plan is not upgraded to a paid Subscription Plan within ninety (90) days of accrual, unless otherwise specified. Credits have no currency or exchange value, and are not transferable or refundable.

Additional Terms for Mobile Applications

1. Mobile Applications
   We may make available software to access our Service via a compatible mobile device (“Mobile Applications”). You may incur mobile data charges from your wireless provider in connection with the Mobile Applications, and you agree that you are solely responsible for any such charges. We grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for your Abobos Account on one or more mobile devices owned or leased solely by you, solely in accordance with these Terms. You acknowledge that we may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof. We or our third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void.
2. App Store Terms
   If you acquire any Mobile Applications from any third-party app store, such as the Apple App Store:
   a) you acknowledge that these Terms are between you and us only, and not with such third party;
   b) your use of such Mobile Applications must comply with such third party’s then-current app store terms and conditions;
   c) such third party is only a provider of the app store where you obtained such Mobile Applications;
   d) we, and not such third party, are solely responsible for our Mobile Applications;
   e) such third party has no obligation or liability to you with respect to such Mobile Applications or these Terms; and
   f) you acknowledge and agree that such third party is a third-party beneficiary to these Terms as it relates to such Mobile Applications.

Privacy

We care about the privacy of our users. By using Abobos you acknowledge out privacy policy available at https://abobos.com/privacy-policy

 Security

Security Measures
We have implemented measures designed to secure Your Content from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use Your Content for improper purposes. You understand that internet technologies have the inherent potential for disclosure. You acknowledge that you provide Your Content at your own risk.

Copyright Policy

Abobos respects the rights of copyright holders, as described in our Copyright Policy. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please use the process outlined in the Copyright Policy, which is incorporated into these Terms by reference.

 Indemnity

You agree to defend, indemnify, and hold us and our affiliates, agents, suppliers, or licensors (and our and their employees, contractors, agents, officers, and directors) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorney’s fees) arising from:
a) your access to or use of Abobos;
b) your violation of any aspect of these Terms, including your breach of any of your representations and warranties;
c) your violation of any third-party right, including any right of privacy or intellectual property rights;
d) your violation of any applicable law, rule, or regulation; }
e) Your Content, including without limitation any misleading, false, or inaccurate information in Your Content;
f) your willful misconduct; or
g) any third party’s access to or use of Abobos with your username(s), password(s), or other security code(s).

 No Warranty

OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF OUR SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT ANY CONTENT ON OUR SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR SERVICE OR ANY DOWNLOAD OF CONTENT THROUGH THE USE OF OUR SERVICE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICE; AND/OR (VII) YOUR DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES YOU PAID TO US HEREUNDER DURING THE TWELVE (12) MONTH PERIOD PRIOR TO WHEN THE CLAIM AROSE OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Other Provisions

1. Choice of Law.This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law provisions, and of the United States if the issue is federal in nature. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
2. Disputes / Arbitration.
   The parties agree that all disputes between them shall be finally resolved by binding arbitration before a single neutral arbitrator under the auspices of the American Arbitration Association if the arbitration is filed in the United States, or under the auspices of the ICC (International Court of Arbitration) if the arbitration is filed in a country in which ICC has offices; arbitration shall not be filed or take place in any other location. The arbitrator shall give a written opinion stating the factual basis and legal reasoning for their decision. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and costs associated with the arbitration. An arbitration award shall be enforceable in a court of competent jurisdiction. Notwithstanding the foregoing, no arbitrator shall have the power or authorization to hear or decide a dispute between us regarding Section 9 of these Terms, or to issue any form of injunctive relief. THE PARTIES HEREBY VOLUNTARILY WAIVE A TRIAL BY JURY OF ALL CLAIMS.
3. Confidential Information
   From time to time, either party to these Terms (the “Disclosing Party”) may disclose or make available to the other (the “Receiving Party”) non-public, proprietary, or confidential information of the Disclosing Party (“Confidential Information”). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology and marketing information. Confidential Information does not include any information that:
   a) is or becomes generally available to the public other than as a result of the Receiving Party’s breach of this Section 13;
   b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information;
   c) was in the Receiving Party’s possession prior to the Disclosing Party’s disclosure thereof; or
   d) was or is independently developed by the Receiving Party without using any of the Disclosing Party’s Confidential Information.
4. Publicity Rights
   We may identify you as an Abobos customer in our promotional materials. We will promptly stop doing so upon your request, which you may send using the “Message Support” link under the “Help” menu within Abobos, or the “How can we help?” interface at this link.
5. Interactive Services
   Abobos provides various interactive services, including chatbot and managed chat functionality. You agree that we may monitor and retain a transcript of all communications with you via these interactive tools in order to provide the tools and for quality and verification purposes. Your use of any of these tools is governed by these Terms and Abobos Privacy Policy.
6. Notification Procedures and Changes to these Terms
   We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain notifications as required under applicable laws or as described in these Terms or our Privacy Policy. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. These Terms apply to and govern your access to and use of our Service effective as of the start of your access to or use of our Service, even if such access or use began before publication of these Terms. We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. In such cases, we will update the ‘last modified’ date at the top of this page. When we change these Terms in a material manner, we will notify you that material changes have been made to these Terms, for example by posting the modified Terms on our website, by displaying a prominent notice within the Service, or through other communications. Your continued use of Abobos after any change to these Terms constitutes your acceptance of the new Terms of Service. If you do not agree to any part of these Terms or any future Terms of Service, do not use or access (or continue to access) Abobos.
7. Entire Agreement/Severability
   These Terms, together with any amendments and any additional agreements you may enter into with us in connection with Abobos, will constitute the entire agreement between you and us concerning Abobos. None of our employees or representatives are authorized to make any modification or addition to these Terms. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us or your use of Abobos. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement will be unenforceable.
8. No Waiver
   No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
9. Contact
   If you have any questions about these Terms, please contact us at help@abobos.com.