Terms of Service

ACCEPTANCE OF THE TERMS OF SERVICE

THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) APPLY TO YOUR USE OF THE WEBSITES OF FLUENTLY AI INC., DOING BUSINESS AS GABBER, AND ITS AFFILIATES (“GABBER,” “WE,” “US,” OR “OUR”), INCLUDING ANY CONTENT, FUNCTIONALITY, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH SUCH WEBSITES (COLLECTIVELY, THE “WEBSITE”), WHETHER AS A GUEST OR A REGISTERED USER. THESE TERMS ALSO APPLY TO YOUR USE OF OTHER GABBER SERVICES THAT DISPLAY OR INCLUDE THESE TERMS (“ADDITIONAL SERVICES”). IN THESE TERMS, THE WEBSITE AND ADDITIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE “SERVICES.” PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT USE THE SERVICES.

IN PARTICULAR, WE WANT TO HIGHLIGHT SOME IMPORTANT TERMS, POLICIES, AND PROCEDURES IN THESE TERMS. BY ACCEPTING THESE TERMS:

• You are also agreeing to other Gabber policies that are expressly incorporated into and a part of these Terms. Please read them carefully.
• Our Privacy Policy explains what information we collect from you and how we protect it.

Arbitration

• Any controversy or claim arising out of or relating to these Terms shall be determined by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
• There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by the respondent of the request for arbitration or appointed by the AAA in default thereof.
• The seat and place of arbitration shall be in San Francisco or Los Angeles, California, USA. The arbitration shall be conducted and the award rendered in English.
• The award shall be final and binding on the parties and may be entered and enforced in any court having jurisdiction. Judgment on the award shall be final and non-appealable.
• Except as required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without prior written consent of both parties.
• Notwithstanding the above, either party may seek temporary restraining orders, preliminary injunctions, or similar interim relief in any court of competent jurisdiction pending final resolution under arbitration.

THESE TERMS CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THESE TERMS, YOU AND GABBER AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION.

Privacy Notice

Please review our Privacy Notice found at https://gabber.dev/privacy, which also governs your use of the Services, to understand our practices.

Changes to the Terms of Service

Updates to Terms: We may update these Terms from time to time. For significant changes, we will notify you by email or other prominent communication methods before the changes take effect. If you continue to use the Services after receiving notice, you agree to the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.

Accessing the Services and Account Security

We may withdraw or amend the Services, and any related service or content, or restrict access (including by means of cancellation, termination, or modification, or suspension of a user account) to all or certain users (including you) without notice and without liability to you in our reasonable discretion.

Additionally, due to your geographic location, the Services or some of their features, services, or content may be unavailable to you. Notwithstanding anything to the contrary herein, we may terminate or suspend access to the Services based on your breach of these Terms.

To access certain Services, you will be asked to provide registration details or other information, and in order to use such resources, all the information you provide must be correct, current, and complete.

Compliance with Intellectual Property Laws

Users must comply with all applicable copyright, trademark, and intellectual property laws when using our Services. The following activities are strictly prohibited:

• Generating content, personas, or scenarios that infringe upon the intellectual property rights of others, including but not limited to copyrights, trademarks, patents, or trade secrets.
• Creating or attempting to create content that impersonates individuals, organizations, or entities without explicit permission from the rightful owner of the intellectual property or likeness.
• Generating likenesses, scenarios, or other derivative works that use or simulate the intellectual property of a third party without prior authorization from the owner.

Gabber reserves the right to terminate access to the Services and take appropriate legal action if users are found to be in violation of these provisions. Users are solely responsible for ensuring that their use of the Services does not infringe upon the rights of any third party.

Ownership of User Content

Prohibited Uses

• Use the Services to engage in any activity that competes with Gabber or involves unauthorized access.
• Use automated systems (e.g., bots, spiders) to access the Services, except for search engine indexing within allowable terms.
• Reverse-engineer, decompile, or attempt to extract source code or underlying ideas from the Services.
• Use the Services to harass, abuse, or harm others, including transmitting any harmful code, such as viruses, worms, or Trojan horses.
• Use the Services for activities that violate export laws, including transmitting software or data to restricted countries or individuals.

Linking

You may link to publicly available portions of the Services if you do so in a way that is fair and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

The Services must not be framed on any other website or service. We reserve the right to withdraw linking permission without notice.

Disclaimers and Limitation of Liability

The Services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Services are provided by Gabber on an “as is” and “as available” basis. Gabber makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the Services.

To the full extent permissible by law, Gabber disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Gabber does not warrant that the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services are free of viruses or other harmful components.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GABBERS TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO GABBER IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL GABBER BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

AI Content Ownership and Liability

Gabber’s Services may generate AI-powered content based on user inputs. By using the Services, you agree that:

• Gabber retains all intellectual property rights to AI-generated content unless explicitly transferred to you under a separate agreement.
• While Gabber strives to provide accurate and appropriate AI-generated content, you acknowledge that AI outputs may contain errors or inappropriate content. You are solely responsible for reviewing and moderating any AI-generated content before use. Gabber disclaims all liability for decisions made based on AI-generated content.
• You are solely responsible for the legality, accuracy, and appropriateness of any input you provide to the Services and any resulting output content.
• Gabber disclaims all liability for any use or misuse of AI-generated content, including its consequences.

Indemnification

You agree to indemnify and hold harmless Gabber, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (1) your use of the Services; (2) your violation of these Terms; (3) your violation of any third party rights; or (4) any content you submit or use in connection with the Services.

Governing Law and Jurisdiction

These Terms are governed by the laws of California, U.S.A., without regard to its conflict-of-law principles. If you are located outside the U.S.A., additional local consumer protection laws may apply, and nothing in these Terms shall limit those rights.

Binding Individual Arbitration; No Class Actions

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Most issues can be resolved quickly and amicably by contacting Gabber customer support. But we understand that sometimes disputes can’t be easily resolved by customer support. This section explains how you and Gabber agree to resolve those disputes, including (where applicable) by binding, individual arbitration.

Class Action Waiver

To the maximum extent permitted by applicable law, you and Gabber agree to only bring disputes in an individual capacity and shall not:

• Seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions).
• Consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to these Terms and all other actions or arbitrations.

If the Class Action Waiver is found invalid, unenforceable, or illegal, this entire Binding Individual Arbitration section will be void and unenforceable, and any dispute will be resolved in court subject to the venue and choice of law clauses specified in these Terms.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Refund and Consumer Protection

If you are dissatisfied with a paid Service, you may request a refund within 30 days of purchase by contacting [email protected]. Refunds will be issued at Gabber’s sole discretion and in accordance with applicable consumer protection laws.

Notice and Procedure for Making Claims of Copyright Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Gabber has adopted a policy of terminating, in appropriate circumstances, users or account holders who are deemed to be repeat infringers of the copyrights of others. Gabber may also, at its sole discretion, limit access to the Services and/or update, transfer, suspend, or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that your work has been used on the Website or in any other Services in a way that constitutes copyright infringement, please submit a Notice of Alleged Infringement (“DMCA Notice”) to our Designated Copyright Agent as follows:

Email: [email protected]

Please include all of the following in your DMCA Notice:

• Identify the copyrighted work that you claim has been infringed. If your DMCA Notice covers multiple works, you may provide a representative list of such works.
• Identify the material that you claim is infringing, including a description of where the material is located. Your description must be reasonably sufficient to enable us to locate the material. Where possible, please include the URL of the webpage where the material is located.
• Provide your full legal name, mailing address, telephone number, and (if available) e-mail address.
• Include the following statement in the body of the DMCA Notice: `I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.`
• Provide your electronic or physical signature.

Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that material or activity is infringing, you may be liable for damages, including costs and attorneys’ fees, incurred by us or our users.

Force Majeure

Gabber shall not be held liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, cyberattacks, or technical failures. In such cases, Gabber will make reasonable efforts to restore Services as soon as practicable.

Language

To the fullest extent permitted by law, the controlling language for these Terms is English. It is the express wish of the parties that these Terms and all related documents have been drawn up in English.

Waiver and Severability

No waiver of these Terms by Gabber shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Gabber to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

General Questions

For general questions, contact us at [email protected].