1. Agreement & Order of Precedence
If you have an executed order, service agreement, or data processing addendum with Hablr (collectively, an “Order”), that Order prevails over these Terms to the extent of any conflict. These Terms govern your access to and use of the Services not otherwise covered by an Order.
2. Eligibility & Accounts
- You must be at least 18 and have authority to bind the entity you represent.
- You are responsible for your account credentials and all activity under your account.
- You will provide accurate information and keep it current.
3. Customer Data & Ownership
“Customer Data” means information you or your end users submit to or through the Services (e.g., contacts, cases, conversations, files). You retain all right, title, and interest in Customer Data. You grant Hablr a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to provide and improve the Services, comply with law, and prevent harm or abuse.
4. Acceptable Use
You will not, and will not permit others to:
- violate law, third-party rights, or these Terms;
- upload malicious code, attempt to gain unauthorized access, or disrupt the Services;
- use the Services to send spam, conduct illegal outreach, or infringe privacy or IP rights;
- reverse engineer or circumvent security or usage limits;
- use the Services to create competing datasets or benchmarks without our written consent.
5. License to the Services; Hablr IP
Subject to these Terms, Hablr grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes. Hablr and its licensors own all right, title, and interest in and to the Services, including software, models, interfaces, and documentation.
6. Confidentiality
“Confidential Information” means non-public information disclosed by a party that is marked or should reasonably be considered confidential. Each party will protect the other’s Confidential Information with the same care it uses for its own (no less than reasonable care) and will use it only as necessary to perform under these Terms. Exclusions apply for information that is public, independently developed, or rightfully obtained without confidentiality obligations.
7. Security & Privacy
- Least-privilege access with organization scoping.
- Encryption in transit (TLS) and at rest.
- Audit-ready exports and configurable retention policies.
Additional details are in our Privacy Policy. If a separate DPA is required, we can provide one on request at privacy@hablr.co.
8. Data Processing & Subprocessors
You instruct Hablr to process Customer Data to provide the Services and to engage subprocessors with appropriate contractual and security safeguards. We remain responsible for our subprocessors.
9. Third-Party Services
Integrations or links to third-party services (e.g., email, storage, communications) are provided for convenience. Your use of third-party services is subject to their terms, and Hablr is not responsible for those services.
10. Service Availability & Support
We strive to maintain reliable Services. We may perform planned maintenance and will use reasonable efforts to minimize disruption. Support channels and target response times are described in your Order or on our website.
11. Fees, Taxes & Changes
- Fees (if applicable) are stated in your Order or plan selection and are due as specified.
- All fees are exclusive of taxes; you are responsible for applicable taxes, excluding our income taxes.
- We may modify fees or plans prospectively with reasonable notice; changes do not affect prepaid terms.
12. Term, Suspension & Termination
- These Terms apply from your first use of the Services and continue until terminated.
- Either party may terminate for material breach not cured within 30 days after notice.
- We may suspend or limit the Services immediately for security risk, suspected abuse, or non-payment.
13. Effect of Termination
- Upon termination, your right to use the Services ceases.
- Upon request within 30 days, we will make Customer Data available for export. After that window, we may delete it per retention policies, except where law requires retention.
14. Warranties & Disclaimers
- We warrant we will provide the Services in a professional and workmanlike manner.
- EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- We do not guarantee outcomes, accuracy, or fitness of AI-generated content; you are responsible for human review where appropriate.
15. Indemnification
You will defend and indemnify Hablr from claims arising out of (a) your Customer Data, (b) your use of the Services in violation of law or these Terms, or (c) your third-party services and integrations. We will defend and indemnify you from third-party claims alleging the Services infringe intellectual property rights, except to the extent the claim arises from your content, combinations not supplied by Hablr, or misuse. The indemnified party must promptly notify the other, give control of the defense, and reasonably cooperate.
16. Limitation of Liability
- NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
- EXCEPT FOR YOUR PAYMENT OBLIGATIONS OR IP/CONFIDENTIALITY BREACHES, EACH PARTY’S TOTAL LIABILITY IS LIMITED TO THE AMOUNTS PAID OR PAYABLE BY YOU TO HABLR FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY (OR USD $100 IF NO SUCH PAYMENTS).
17. Dispute Resolution; Arbitration; Class Action Waiver
U.S. users agree that any dispute will be resolved by binding arbitration administered by JAMS under its Rules. Arbitration will occur in San Francisco, California, in English, before a single arbitrator. Either party may seek injunctive relief in court for misuse of IP or breach of confidentiality. YOU AND HABLR WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
18. Export & Sanctions
You represent you are not located in a restricted country and are not a denied party. You will comply with all applicable export control and sanctions laws.
19. Anti-Corruption
You will comply with applicable anti-bribery and anti-corruption laws, including the U.S. FCPA and UK Bribery Act.
20. Publicity
We may use your name and logo to identify you as a customer on our website and marketing materials, consistent with your brand guidelines. You may opt out by emailing legal@hablr.co.
21. Changes to the Services or Terms
We may update the Services and these Terms from time to time. Material changes will be notified via the Service, email, or website posting. Continued use after the effective date constitutes acceptance.
22. Governing Law & Venue
These Terms are governed by the laws of the State of California, excluding its conflict of law rules. Subject to Section 17, exclusive venue is the state or federal courts in San Francisco County, California.
23. Notices
Legal notices to Hablr must be sent to legal@hablr.co. Notices to you may be provided via the Services, email, or your account contact details.
24. Miscellaneous
- Assignment: You may not assign these Terms without our consent; we may assign to an affiliate or in connection with a merger or sale.
- Severability: If any provision is unenforceable, the remainder remains in effect.
- Force Majeure: Neither party is liable for delays due to events beyond reasonable control.
- Entire Agreement: These Terms and any applicable Order are the entire agreement regarding the Services.
- No Waiver: Failure to enforce a provision is not a waiver.
25. Contact
Questions? Contact legal@hablr.co or contact@hablr.co.