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Terms of Service

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.

1. Acceptance of 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.

2. Description of Services

Tabby Stack provides data consulting services including but not limited to:

  • Data architecture design and implementation
  • Analytics engineering and data transformation
  • Data migration and modernization
  • Technical consulting and advisory services
  • Training and knowledge transfer

The specific scope of services will be defined in separate agreements or statements of work for each engagement.

3. Use of Services

3.1 Eligibility

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.

3.2 Account Responsibilities

If you create an account with us, you are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Providing accurate and complete information
  • Updating your information to keep it current
  • Notifying us immediately of any unauthorized use

3.3 Acceptable Use

You agree not to use our services to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Transmit harmful code such as viruses or malware
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt our services
  • Collect or harvest user data without permission
  • Engage in any fraudulent or deceptive practices

4. Intellectual Property Rights

4.1 Our Intellectual Property

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.

4.2 Client Intellectual Property

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.

4.3 Deliverables

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.

5. Confidentiality

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.

6. Payment Terms

Payment terms for our consulting services will be specified in separate agreements or statements of work. Generally:

  • Fees are due within 30 days of invoice date unless otherwise specified
  • Late payments may incur interest charges at 1.5% per month
  • All fees are non-refundable unless otherwise stated
  • Client is responsible for all taxes related to the services
  • We reserve the right to suspend services for non-payment

7. Disclaimers and Limitations of Liability

7.1 No Warranties

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.

7.2 Limitation of Liability

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.

8. Indemnification

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.

9. Termination

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.

10. Governing Law and Dispute Resolution

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.

11. General Provisions

11.1 Entire Agreement

These Terms constitute the entire agreement between you and Tabby Stack regarding the use of our services and supersede any prior agreements.

11.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be valid and enforceable.

11.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

11.4 Assignment

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.

12. Contact Information

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