Terms of Service




Introduction

Your use of Sabi Capsule Services is subject to the terms and conditions set forth in these Sabi Capsule 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, Privacy Policy, Acceptable Use 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, incase 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 it's 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 discretion.

I. Sabi's Proprietary Rights

As between you and Sabi, the Websites and Services 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.

II. User Content

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 channels.

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 regulation; and

- you will indemnify us for any third party claims arising from your User Content.

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 discretion.

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.

III. Good Faith

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.

IV. No Warranty

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.

V. Limitation of Liability

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 reason.

VI. Indemnification

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.

VII. Termination

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.

VIII. Dispute Resolition and Arbitration

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 action.

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.

VI. Miscellaneous

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 Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You 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.