Last updated: January 15, 2025 | Effective date: January 15, 2025
These Terms of Service ("Terms") govern your use of Tabby Stack's website and services. By accessing or using our services, you agree to be bound by these Terms.
By accessing and using this website and our services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by the above, please do not use this service.
These Terms apply to all visitors, users, and others who access or use the Service. We reserve the right to update and change these Terms at any time without notice.
Tabby Stack provides data consulting services including but not limited to:
The specific scope of services will be defined in separate agreements or statements of work for each engagement.
You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these eligibility requirements.
If you create an account with us, you are responsible for:
You agree not to use our services to:
All content on this website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Tabby Stack or its content suppliers and is protected by international copyright laws.
We respect the intellectual property rights of our clients. Any data, content, or materials you provide to us remain your property. By providing such materials, you grant us a limited license to use them solely for the purpose of providing our services to you.
Unless otherwise specified in a separate agreement, all deliverables created by Tabby Stack for clients become the property of the client upon full payment of all fees. We retain the right to use generic methodologies, techniques, and know-how developed during the engagement.
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives the termination of these Terms.
Confidential information does not include information that: (a) is or becomes publicly available through no breach by the receiving party; (b) was rightfully known by the receiving party prior to disclosure; or (c) is independently developed without use of confidential information.
Payment terms for our consulting services will be specified in separate agreements or statements of work. Generally:
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL TABBY STACK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM YOUR USE OF OUR SERVICES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE SIX MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless Tabby Stack and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of our services, your violation of these Terms, or your violation of any rights of another.
We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use our services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Any dispute arising from or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Philadelphia, Pennsylvania.
You waive any right to a jury trial and any right to pursue claims on a class action basis.
These Terms constitute the entire agreement between you and Tabby Stack regarding the use of our services and supersede any prior agreements.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be valid and enforceable.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
If you have any questions about these Terms of Service, please contact us at:
Tabby Stack
Email: legal@tabbystack.io
Phone: +1 (215) 559-6617
Address: Philadelphia, PA