Your use of Capsule or other Sabi services is subject to the terms and
conditions set forth in these Sabi Terms of Service (the “Agreement”). This Agreement explains (i)
what’s allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the
rights Sabi has if you do something which is not allowed when using our Services; and (iv) many other
important terms. This Agreement is a legal contract between you and Sabi and it is important that you
read it carefully. This Agreement consists of this document, as well as,
Policy, DMCA Copyright Policy, and
Trademark Notification Policy. If there is anything you do not understand
in this Agreement, please contact us.
Sabi is not liable for lost data. We do not recommend using Sabi as your only
method of backing up your website and personal data. While Capsule is a safe service, this is simply
poor practice. For peace-of-mind, Sabi does provide website snapshots. These website snapshots are
regularly backed up copies of your website, in case of a catastrophic failure.
>Sabi shall act in accordance with the governing law of the United States of
America. Privacy being a primary concern for Sabi, Sabi will protect its users, but Sabi will comply
with requests to remove content. All content hosted on Capsule should be legal content to host in the
United States of America. Any content that is not deemed suitable, shall be removed per Sabi's
As between you and Sabi, the Websites and Services, referred to as Capsule
Rooms, Attic Lights, or similar are owned and/or provided by Sabi. The names, logos, trademarks, trade
dress, arrangements, visual interfaces, graphics, design, compilation, information, data, computer code
(including source code or object code), products, software, services, and all other elements of the
Websites and Services (“Materials”) that we provide are protected by intellectual property and other
laws. All Materials included in the Websites and Services are the property of Sabi or its third party
licensors. You may only use the Websites and Services as expressly authorized by us and as set forth in
this TOS. You shall abide by and maintain all intellectual property notices, information, and
restrictions contained in the Websites and Services. We reserve all rights to the Websites and Services
not granted expressly in this TOS.
If you choose to provide input and suggestions regarding problems with or
proposed modifications or improvements to the Websites and Services (“Feedback”) then you hereby grant
to us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit
the Feedback in any manner and for any purpose, including to improve the Websites and Services and
create other products and services.
You grant us permission to include your name, logos, and trademarks in our
promotional and marketing materials and communications.
Subject to your complete and ongoing compliance with this TOS and our rights
therein, Sabi grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable
license to access and use the Websites and/or Services as described in and subject to this TOS.
Certain features of the Websites (such as Concierge) permit you to submit or
upload content, including messages, reviews, media, images, folders, data, text, and other types of
works (your “User Content”) and to publish your User Content on our Websites.
By providing your User Content to or via the Websites, you grant Sabi a
worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to
host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display,
and distribute your User Content, in whole or in part, in any media formats and through any media
By providing your User Content via the Websites, you grant to our other users
a non-exclusive license to access and use your User Content as permitted by this TOS and the
functionality of the Websites.
You are solely responsible for your User Content, and you agree Sabi is not
and will not be in any way liable for your User Content. By providing your User Content via the
Websites, you affirm, represent, and warrant that:
- you are the creator and owner of your User Content, or have the necessary
licenses, rights, consents, and permissions to authorize Sabi and users of the Websites to use and
distribute your User Content as necessary to exercise the licenses granted by you in this TOS or
otherwise required of you under this TOS;
- your User Content, and use of your User Content as contemplated by this TOS,
does not and will not: (i) infringe, violate, or misappropriate any third party right, including any
copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other
intellectual property or proprietary right; (ii) slander, defame, libel, or invade a right of privacy,
publicity or other property right of any other person; or (iii) cause us to violate any law or
- you will indemnify us for any third party claims arising from your User
We are under no obligation to edit or control your User Content or the User
Content of others, and will not be in any way responsible or liable for User Content. We may, however,
at any time and without prior notice, screen, remove, edit, or block any of your User Content at our
By submitting or uploading your User Content, you also agree to abide by the
terms of any Open Source Licenses that may apply to your User Content.
You agree to allow Sabi to host any files required for our business to conduct
as your web hosting provider. This is limited to the scope of files that you, the customer, chooses to
upload. You agree to allow Sabi to store an email address for contact and login purposes. You agree to
allow your network traffic to traverse networks owned by Sabi, its affiliates, and third-party vendors.
You agree to allow any proprietary, trademarked, copyrighted, or otherwise legally protected property to
be hosted on Sabi infrastructure.
You agree to act in good faith in this business transaction and to abide the
law of the United States of America, as well as, to respect and not abuse Sabi infrastructure.
Sabi Capsule is provided "as is". Sabi disclaims all warranties of any kind,
whether expressed or implied, relating to Capsule.
Sabi is not responsible for the content that you access through your use of
the Websites, Services, or content of other users of Sabi or other third parties. To the extent
permitted by applicable law, you release us from all liability relating to such content. You acknowledge
and agree that we make no representations concerning any content contained in or accessed through the
Websites or content of other users of Sabi or other third parties, and that we are not responsible or
liable for the accuracy, quality, legality, or other attributes of such content.
To the fullest extent permitted by law, in no event will we be liable to you
for any indirect, incidental, special, consequential or punitive damages (including damages for loss of
profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of,
or your inability to access or use, the Websites and Services or any materials or content on the
Websites and Services, whether based on warranty, contract, tort (including negligence), statute, or any
other legal theory, and whether or not we have been informed of the possibility of damage. To the
fullest extent permitted by law, you agree we will have no liability for any data that may be destroyed,
lost or otherwise rendered inaccessible, whether because you failed to backup your data or for any other
To the fullest extent permitted by law, you are responsible for your use of
the Websites and Services, and you shall defend, indemnify, and hold harmless us and our employees,
officers, directors, agents, contractors, and representatives from all liabilities, claims, and
expenses, including reasonable attorneys' fees and costs, that arise from or relate to your Services
Content, User Content, your End Users, or your access to or use of the Websites and Services, including
your breach of this TOS or applicable law, willful misconduct, negligence, illegal activity, breach of
security or data, unauthorized access to or use of your Account, or infringement of a third party’s
right, including any intellectual property, confidentiality, property or privacy right. We reserve the
right to assume the exclusive defense and control of any matter otherwise subject to indemnification by
you, without limiting your indemnification obligations with respect to that matter, in which event you
will make best efforts to assist and cooperate with us in defending the matter at your expense.
Sabi will always try to provide customer's with forewarning and try to work to
remediation of disputes. Should Sabi see the situation necessary, Sabi reserves the right to terminate
business with the customer, with or without notice, resulting in immediate forfeiture and destruction of
data associated with your Account. All fees paid to us are non-refundable. Upon termination, any and all
rights granted to you by this TOS will immediately be terminated.
In the interest of time and money, you and Sabi agree that every dispute
arising in connection with this TOS will be resolved by binding arbitration. Arbitration is less formal
than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for
more limited discovery than in court, and can be subject to limited review by courts. Arbitrators can
award the same damages and relief that a court can award. This agreement to arbitrate disputes includes
all claims arising out of or relating to any aspect of this TOS, whether based in contract, tort,
statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises
during or after the termination of this TOS, if applicable. You understand and agree that, by entering
into this TOS, you and Sabi are each waiving the right to a trial by jury or to participate in a class
Any arbitration between you and Sabi will be settled under the Federal
Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer
Arbitration Rules (collectively, “AAA Rules”) as modified by this TOS. The AAA Rules and filing forms
are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator has exclusive
authority to resolve any dispute relating to the interpretation, applicability, or enforceability of
this binding arbitration agreement.
Any party who intends to seek arbitration must first send a written notice of
the dispute to our Contact Form. From here, Sabi will respond within 2 weeks with
the next course of action. Sabi's response will include current legal counsel for Sabi. Both parties
will make a good faith effort to resolve issues within 30 days of the initial response from Sabi.
Any arbitration hearing will take place at a location to be agreed upon in
Atlanta, Georgia, or at a more preferrable location to the customer, agreed upon by both parties at the
expense of the customer. The preferrable location expense will cover standard air travel for up to 3
adults, as well as, safe, clean hotel accomodations for up to 3 rooms, a transfer from the airport to
the hotel, transfer(s) from the hotel to the arbitration hearing location, transfer(s) from the
arbitration hearing location to the hotel, a transfer from the hotel to the airport.
Updates and Modifications. Sabi reserves the right to update, change or
otherwise modify this TOS on a going-forward basis at any time and in Sabi’s sole discretion. If Sabi
updates this TOS, Sabi may provide notice of such updates, such as by sending an email notification to
the email address listed in your Account and/or updating the “Last Updated” date at the beginning of
this TOS. Updates will be effective on the date specified in the notice. By continuing to access or use
the Websites or Services after the date specified in the notice or updated TOS, you are agreeing to
accept and be bound by the updated TOS and all of the terms incorporated therein. If you do not agree to
the updated TOS, then you may not continue to use the Websites or Services and your sole and exclusive
remedy is to deactivate your Account and otherwise discontinue use of the Websites and/or Services.
Force Majeure. Sabi shall not be liable for nonperformance of the terms herein
to the extent that Sabi is prevented from performing as a result of any act or event which occurs and is
beyond Sabi's reasonable control, including, without limitation, acts of God, war, unrest or riot,
strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion,
utility or telecommunications outages (including Amazon Web Services, DigitalOcean, Cloudflare),
Internet disturbance, epidemic, pandemic or any unforeseen change in circumstances, or any other causes
beyond our reasonable control.
General. This TOS, including all documents expressly incorporated by reference
herein, constitutes the entire agreement between the parties and supersedes all prior and
contemporaneous agreements, proposals or representations, written or oral, concerning its subject
matter. Use of section headers in this TOS is for convenience only and will not have any impact on the
interpretation of any provision. Any use of the singular shall be reasonably construed as if it also
includes the plural, and vice versa. If not already specified, any use of “including” or “such as” shall
be construed to mean “including but not limited to.” If any part of this TOS is held to be invalid or
unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the
remaining parts will remain in full force and effect. The failure to require performance of any
provision will not affect our right to require performance at any other time after that, nor will a
waiver by us of any breach or default of this TOS, or any provision of this TOS, be a waiver of any
subsequent breach or default or a waiver of the provision itself.
Consent to Electronic Communications. By using the Websites and/or Services,
you consent to receiving certain electronic communications from us as further described in our Privacy
agree that any notices, agreements, disclosures, or other communications that we send to you
electronically will satisfy any legal communication requirements, including that those communications
be in writing.