Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your access to and use of Gabbex—our websites, embeddable AI assistants, APIs, messaging systems, dashboards, and related services (collectively, the "Services"). The Services are provided by Jeva Technologies OPC ("Company," "we," "us," or "our").

By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization. If you do not agree to these Terms, do not use the Services.

2. Accounts and Responsibility

You must provide accurate, current, and complete information when creating an account and keep that information up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account, whether or not authorized by you.

You must promptly notify us at hello@gabbex.com if you suspect unauthorized access to your account. We are not liable for any loss or damage arising from your failure to protect your credentials.

We may suspend or terminate accounts that violate these Terms, pose security or legal risk, or negatively impact the platform or other users.

3. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights
• Send spam, unsolicited commercial messages, or abusive communications through any channel
• Harass, threaten, defraud, or harm any person
• Distribute malware, conduct phishing attacks, or attempt unauthorized access to any system
• Reverse engineer, decompile, disassemble, or extract source code, model weights, prompts, or system configurations from the Services
• Use outputs from the Services to train, fine-tune, benchmark, or evaluate any competing AI model or system
• Scrape, crawl, or systematically extract data or AI outputs from the Services by automated means
• Use the Services to build or assist in building a product or service that competes directly with Gabbex
• Upload, transmit, or process content you do not have the legal right to use, share, or process
• Circumvent any rate limits, security controls, or access restrictions we implement
• Misrepresent the source, nature, or accuracy of AI-generated outputs to end users or third parties

We reserve the right to investigate suspected violations and, where appropriate, to cooperate with law enforcement. A violation of this section is grounds for immediate suspension or termination without notice.

4. AI Disclosure, Liability, and Automated Actions

The Services generate responses and perform workflows using artificial intelligence. AI outputs are probabilistic and may be inaccurate, incomplete, outdated, biased, or otherwise inappropriate. You assume all risk associated with your use of, or reliance on, AI-generated outputs. We make no warranty that outputs are accurate, legally compliant, or fit for any particular purpose.

You are solely responsible for reviewing, validating, and supervising all AI behavior, especially when the Services are used for:

• Customer-facing communication
• Lead qualification or sales decisions
• Any decision with legal, financial, health, or safety consequences

You must not rely solely on AI outputs for high-risk or consequential decisions without independent human review. We are not liable for any harm, loss, or liability arising from actions taken or not taken based on AI-generated outputs.

Required AI Disclosure to End Users. Consistent with guidance from the Federal Trade Commission (FTC) and applicable laws (including California AB 302 and similar legislation), you must clearly disclose to your end users that they are interacting with an AI assistant and not a human. Gabbex provides a default disclosure within the chat widget. You must not disable, obscure, modify, or remove this disclosure. Failure to maintain this disclosure may result in immediate suspension or termination of your account.

Automated Decision-Making. Where the Services are used to support decisions that produce significant legal or similarly significant effects on individuals, you are responsible for ensuring that affected individuals have the opportunity to opt out of solely automated decision-making as required by the California Privacy Rights Act (CPRA) and other applicable laws. If you are unsure whether your use case triggers these obligations, consult a qualified attorney.

No Legal, Financial, or Compliance Advice. The Services, including any AI-generated outputs, are provided for general informational and operational purposes only and do not constitute legal, financial, regulatory, or other professional advice. You are solely responsible for obtaining independent advice from qualified professionals before making any decisions based on outputs generated by the Services. We disclaim all liability for any reliance on such outputs.

5. Messaging, Integrations, and Abuse Enforcement

The Services integrate with third-party messaging and platform providers including Meta (Facebook Messenger, WhatsApp), SMS gateways, email providers, and AI model providers (collectively, "Third-Party Platforms"). Your use of these integrations is subject to the applicable terms of each Third-Party Platform, including the Meta Platform Terms, Meta Commerce Policies, WhatsApp Business Policy, and the Telephone Consumer Protection Act (TCPA) and applicable state messaging laws for SMS.

You are solely responsible for:

• Obtaining all required consents before sending messages to any recipient via any channel
• Complying with opt-out and unsubscribe requirements for each messaging channel
• Ensuring your messaging content and frequency comply with applicable law and platform policies
• Any fines, penalties, or platform enforcement actions resulting from your messaging activity

We reserve the right, without liability to you, to:

• Rate limit, throttle, or suspend your messaging access if we detect patterns consistent with spam, abuse, or policy violations
• Immediately disable integrations if a Third-Party Platform requires us to do so or if your use endangers our platform-level access
• Terminate your account if your messaging activity results in, or risks resulting in, sanctions against Gabbex by any Third-Party Platform or regulatory body

We are not liable for failures, delays, policy changes, or enforcement actions by Third-Party Platforms, or for any loss of messaging access arising from your violation of their terms.

Monitoring and Enforcement. We may, but are not obligated to, monitor use of the Services for compliance with these Terms, security purposes, and fraud or abuse prevention. You acknowledge and agree that we may access, review, and analyze usage data, logs, and Customer Content to:

• Detect, prevent, or investigate violations of these Terms
• Protect the security, integrity, and availability of the Services
• Comply with applicable laws, regulations, or legal process

We will only access Customer Content to the extent reasonably necessary for these purposes and in accordance with our Privacy Policy.

6. Customer Content

You retain all ownership rights to content, data, and materials you submit to the Services ("Customer Content"). By submitting Customer Content, you grant us a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display it solely to operate, maintain, and improve the Services for your account.

You represent and warrant that: (a) you own or have all necessary rights to submit Customer Content; (b) Customer Content does not violate any law or infringe any third-party rights; and (c) you have obtained all required consents for any personal data included in Customer Content.

We do not use Customer Content to train or improve AI models beyond what is necessary to operate the Services for your account.

7. Data Processing and Roles

When you use the Services to process personal data of your end users or third parties, you act as the data controller and Gabbex acts as your data processor, processing personal data only on your documented instructions as set out in these Terms and our Privacy Policy.

You are responsible for:

• Ensuring you have a lawful basis to collect and share personal data with Gabbex
• Providing all required notices and obtaining all required consents from your end users
• Complying with applicable data protection laws in your jurisdiction, including but not limited to the CCPA/CPRA, GDPR (if applicable), and the Philippine Data Privacy Act

We use sub-processors to deliver the Services, including AI model providers (e.g., OpenAI), cloud hosting providers, messaging infrastructure providers, and analytics and billing providers. We contractually require sub-processors to protect personal data to standards consistent with applicable law.

We implement reasonable technical and organizational security measures to protect Customer Content and personal data against unauthorized access, loss, or disclosure. We will notify you without undue delay if we become aware of a personal data breach affecting your data, to the extent required by applicable law.

Upon termination of your account, we will delete or return Customer Content in accordance with our data retention practices described in our Privacy Policy, unless retention is required by law.

8. Billing, Tokens, and Fees

Gabbex operates on a prepaid or subscription-based model, which may include usage-based billing (e.g., tokens, messages, or API calls). All fees are stated in US dollars unless otherwise specified.

Tokens and prepaid credits are non-refundable, non-transferable, and have no cash value. Tokens expire as disclosed at the time of purchase. Unused tokens are forfeited upon expiration or account termination and are not eligible for refund or credit.

Subscriptions are billed in advance for each billing period. Except as described in our Refund Policy, all subscription fees are non-refundable, including fees for unused portions of a billing period. New subscribers may request a refund within 7 days of their first paid charge as described in the Refund Policy.

• You are responsible for monitoring your usage and ensuring sufficient balance or credit for uninterrupted service
• We are not liable for service interruptions caused by insufficient balance or failed payments
• Fees for third-party services (e.g., messaging gateway costs, AI model usage) passed through to you are non-refundable once incurred

We may change our pricing with at least 30 days' notice to existing subscribers. Your continued use of the Services after the effective date of a price change constitutes your acceptance of the new pricing.

9. Auto-Renewal; California Automatic Renewal Law

Auto-Renewal. Paid subscriptions automatically renew at the end of each billing period (monthly or annual, as selected at sign-up) at the then-current rate unless you cancel before the renewal date.

Notice before renewal. We will send a reminder email to your account email address at least 7 days before each renewal charge. It is your responsibility to keep your account email address current.

How to cancel. You can cancel auto-renewal at any time from the Subscription page in your account settings, or by contacting us at hello@gabbex.com. Cancellation takes effect at the end of your current billing period; you retain access until then.

California Automatic Renewal Law (ARL) Disclosure. If you are a California consumer, by subscribing to a paid plan you acknowledge that: (1) your subscription will automatically renew at the end of each billing period; (2) you will be charged the amount disclosed at sign-up unless you cancel; and (3) you may cancel at any time using the method described above. This disclosure is provided pursuant to California Business and Professions Code §§ 17600 et seq.

10. Beta Features

We may make features available on a beta, preview, or early-access basis ("Beta Features"). Beta Features are provided "as is" and "as available" without any warranty, SLA, or support commitment. Beta Features:

• May be unstable, incomplete, or subject to breaking changes
• May be modified, suspended, or removed at any time without notice
• Should not be used in production environments or for critical workflows
• May have separate terms or restrictions communicated at the time of access

Your use of Beta Features is at your own risk. We are not liable for any loss or damage resulting from your use of or reliance on Beta Features.

11. Service Availability and Support

We aim to maintain high availability of the Services but do not guarantee any specific uptime, availability, or response time. The Services may be interrupted due to scheduled maintenance, unplanned outages, third-party failures, or events outside our reasonable control.

We do not provide any service level agreement (SLA) unless explicitly agreed in a separate written agreement signed by an authorized representative of Gabbex. We have no obligation to provide custom support tiers, dedicated account management, or guaranteed response times unless separately contracted.

We are not liable for any loss, cost, or damage arising from Service unavailability or degradation, including loss of revenue, data, or business opportunity.

12. Intellectual Property

The Company and its licensors retain all right, title, and interest in and to the Services, including all software, AI models, algorithms, interfaces, documentation, the Gabbex name, branding, and any improvements or derivatives thereof. Nothing in these Terms transfers any intellectual property rights to you.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes during the term of your subscription, subject to these Terms.

Feedback, suggestions, or ideas you submit regarding the Services may be used by us without restriction or compensation to you.

13. DMCA / Copyright Takedown

Gabbex respects intellectual property rights and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe that content on the Services infringes your copyright, please send a written notice to our Designated DMCA Agent containing the following:

1. Identification of the copyrighted work claimed to have been infringed
2. Identification of the infringing material and information reasonably sufficient for us to locate it (e.g., URL)
3. Your contact information: name, address, telephone number, and email address
4. A statement of good faith belief that the use is not authorized by the copyright owner, its agent, or the law
5. A statement, made under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner
6. Your physical or electronic signature

Designated DMCA Agent:
Copyright Agent, Jeva Technologies OPC (d/b/a Gabbex)
Email: hello@gabbex.com

Counter-Notification. If you believe material was removed in error, submit a counter-notification to the DMCA Agent containing: (1) identification of the removed material and its prior location; (2) a statement under penalty of perjury of good faith belief it was removed by mistake or misidentification; (3) consent to jurisdiction of your federal district court; and (4) your name, address, telephone number, and signature.

Repeat Infringer Policy. We will terminate the accounts of users determined to be repeat copyright infringers in appropriate circumstances.

14. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, RELIABLE, OR FIT FOR ANY PURPOSE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JEVA TECHNOLOGIES OPC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF:

• The total fees paid by you to Gabbex in the twelve (12) months immediately preceding the event giving rise to the claim, or
• US$100

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

16. Indemnification

You agree to defend, indemnify, and hold harmless Jeva Technologies OPC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, penalties, fines, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services in violation of these Terms
• Your Customer Content or data you submit to the Services
• Your violation of any law, regulation, or third-party right, including messaging laws, privacy laws, and intellectual property rights
• Any claim by your end users or third parties arising from your deployment of AI assistants or messaging workflows
• Any enforcement action or fine imposed on Gabbex by a Third-Party Platform caused by your messaging activity or policy violations

17. Termination

You may stop using the Services and close your account at any time from your account settings or by contacting us at hello@gabbex.com. Termination does not entitle you to a refund of prepaid fees except as described in our Refund Policy.

We may suspend or terminate your access to the Services immediately and without notice if you: (a) violate these Terms; (b) create legal, regulatory, or reputational risk for Gabbex or its Third-Party Platform partners; (c) fail to pay fees when due; or (d) become the subject of insolvency proceedings.

Upon termination for any reason, your license to use the Services ends immediately. Sections that by their nature should survive termination will survive, including Sections 6, 7, 12, 14, 15, 16, 20, and 21. The Assignment clause (Section 24) also survives termination.

18. Changes to Terms

We may update these Terms at any time. For material changes, we will provide at least 30 days' advance notice by email to the address associated with your account and by posting a notice on our website or in-product. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Services before the effective date.

19. Export Controls

The Services are subject to United States export control laws and regulations, including the Export Administration Regulations (EAR) and the sanctions programs administered by the Office of Foreign Assets Control (OFAC). By using the Services, you represent and warrant that:

• You are not located in, and are not a national or resident of, any country subject to a U.S. government embargo or designated as a state sponsor of terrorism
• You are not listed on any U.S. government list of prohibited or restricted parties, including the OFAC Specially Designated Nationals list
• You will not use the Services in violation of any applicable export control laws or regulations

20. Dispute Resolution and Arbitration

Informal Resolution. Before filing any formal legal claim, you agree to contact Gabbex at hello@gabbex.com with a written description of the dispute and your desired resolution. You and Gabbex will attempt to resolve the dispute informally for at least 30 days from the date Gabbex receives your notice.

Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (other than claims eligible for small claims court) will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules. The arbitration will be conducted in English. Judgment on the award may be entered in any court with jurisdiction. This arbitration agreement applies as a procedural mechanism regardless of the governing law in Section 21.

Small Claims Carve-Out. Either party may bring individual claims in a small claims court of competent jurisdiction, provided the claim qualifies under that court's rules.

Class Action Waiver. TO THE EXTENT PERMITTED BY LAW, YOU AND GABBEX WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY.

Opt-Out Right. You may opt out of this arbitration agreement by emailing hello@gabbex.com with the subject line "Arbitration Opt-Out" within 30 days of first using the Services. Opting out does not affect any other provision of these Terms.

21. Governing Law and Forum

These Terms are governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to conflict of law principles. For disputes not subject to arbitration under Section 20, the parties submit to the exclusive jurisdiction of the courts of Makati City, Philippines, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

Corporate operations. Philippine law governs all matters relating to the corporate organization and operations of Jeva Technologies OPC.

22. Force Majeure

We will not be liable for any failure or delay in performance of the Services due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, power outages, third-party service disruptions, or governmental actions ("Force Majeure Event").

During a Force Majeure Event, our obligations will be suspended for the duration of the event, and we will use commercially reasonable efforts to resume performance as soon as practicable.

23. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the validity or enforceability of the remaining provisions.

24. Assignment

You may not assign or transfer these Terms, in whole or in part, without our prior written consent. Any attempted assignment in violation of this section is null and void.

We may assign or transfer these Terms, without restriction, in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. These Terms will bind and inure to the benefit of the parties and their permitted successors and assigns.

25. Entire Agreement

These Terms, together with the Privacy Policy, Refund Policy, and any applicable Order Forms or written agreements signed by an authorized representative of Gabbex, constitute the entire agreement between the parties with respect to the Services and supersede all prior negotiations, representations, warranties, and understandings of any kind, whether written or oral. In the event of a conflict between these Terms and an Order Form, the Order Form controls with respect to that engagement only.

26. Contact

For questions about these Terms, contact Jeva Technologies OPC at hello@gabbex.com or through your Gabbex account dashboard.