Terms of Service

1. Agreement to Terms

Welcome to Tabsy. These Terms of Service ("Terms") govern your access to and use of the Tabsy website at tabsy.co, our mobile applications (Tabsy LPM and Tabsy Express, for iOS and Android), and all related services (collectively, the "Services") operated by NameVerse, Inc. ("NameVerse," "Tabsy," "we," "our," or "us"). Tabsy is a product and trademark of NameVerse, Inc.

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Services.

2. Description of Services

Tabsy provides a cloud-based platform and mobile applications for businesses to manage client relationships, create estimates and invoices, manage projects and work orders, facilitate contract signing, schedule work, and process payments. The Services include our web application and our mobile applications, which are available on the Apple App Store and Google Play Store.

3. Account Registration

To use certain features of the Services, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 18 years old to create an account and use the Services.

4. Subscription and Payments

Tabsy subscriptions are sold through two separate channels, and the price, billing agent, and cancellation method differ between them. The channel you used to subscribe governs your subscription.

4.1 Subscriptions purchased from Tabsy directly

Pricing: Tabsy LPM has five tiers — Starter (2 users) $70/month, Growth (5 users) $150/month, Team (10 users) $250/month, Pro (20 users) $400/month, and Scale (30 users) $600/month. Tabsy Express (solo) is $39/month. Every feature is included at every tier. Annual plans save 20%.

Demo Access: Prospective customers can book a live demo to see the Services before subscribing. New subscriptions begin with a 30-day free trial; the payment method provided at signup is charged when the trial ends unless the subscription is cancelled before then (see Free Trial and Refunds).

Billing: Subscriptions are billed monthly in advance and renew automatically for successive periods of the same length until cancelled. All fees are quoted in U.S. dollars. Payment is processed through Stripe.

Free Trial and Refunds: New subscriptions begin with a 30-day free trial. The payment method provided at signup is charged when the trial ends unless the subscription is cancelled before then; if you cancel during the trial, you will never be billed. After the trial ends and billing begins, fees are non-refundable; cancelling stops future billing and you keep access through your current billing period. We may ask for brief feedback or offer a setup call to help you get the most out of Tabsy, but we will never pressure you to stay.

Cancellation: You may cancel at any time from your account settings or by contacting us. Cancellation takes effect at the end of the current billing period.

4.2 Subscriptions purchased through the Apple App Store

Tabsy Express can also be subscribed to inside the Tabsy Express iOS app using Apple's In-App Purchase system. These subscriptions are sold and billed by Apple, not by Tabsy, and the following terms apply instead of section 4.1:

• Pricing: Tabsy Express is $44.99 per month or $429.99 per year. App Store pricing differs from the pricing in section 4.1 because it reflects the commission and processing that Apple charges on App Store transactions. The price shown to you on the purchase screen at the time of purchase is the price that governs, and prices in other countries are set by Apple's regional pricing.
• Free trial: New subscribers are eligible for a one-month free trial. Trial eligibility is determined by Apple, and subscribers who have previously used a trial for this subscription group are not eligible for another one.
• Automatic renewal: Payment is charged to your Apple Account at confirmation of purchase. The subscription renews automatically at the same price for successive periods of the same length unless auto-renew is turned off at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within 24 hours prior to the end of the current period.
• Managing and cancelling: You can manage the subscription and turn off auto-renew at any time in Settings › your name › Subscriptions on your Apple device, or at apps.apple.com/account/subscriptions. Deleting your Tabsy account does not cancel an App Store subscription — it must be cancelled through Apple.
• Refunds: Refunds for App Store purchases are handled solely by Apple under Apple's Media Services Terms and Conditions. Tabsy cannot issue refunds for a subscription purchased through Apple. Refund requests can be made at reportaproblem.apple.com.
• Unused trial time: Any unused portion of a free trial is forfeited when a subscription is purchased, where an equivalent offer applies.

5. Mobile Applications

The following additional terms apply to the use of our mobile applications:

• Tabsy LPM is provided as a companion to the web platform and requires an active Tabsy account. Tabsy Express is a standalone application in which an account can be created and subscribed to directly
• You are responsible for any mobile carrier data charges incurred while using the app
• We may release updates to the app from time to time. We recommend keeping auto-update enabled for the best experience
• Our apps may request access to device features. Tabsy LPM may request the camera, photo library, and notifications; Tabsy Express requests the camera and notifications only. These permissions are optional, are requested only when you use the feature that needs them, and can be managed in your device settings

5.1 Additional terms for applications obtained from the Apple App Store

These terms apply to your use of any Tabsy application you obtained from the Apple App Store, and are required by Apple. In the event of a conflict, Apple's Licensed Application End User Licence Agreement governs the licence to the application itself.

• This agreement is concluded between you and NameVerse, Inc. only, and not with Apple. NameVerse, Inc., not Apple, is solely responsible for the application and its content.
• Apple grants you a non-transferable licence to use the application on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation whatsoever to furnish any maintenance or support services in relation to the application. Support requests should be directed to [email protected].
• In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are our sole responsibility.
• NameVerse, Inc., not Apple, is responsible for addressing any claims relating to the application or your possession and use of it, including product liability claims, any claim that the application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the application or your possession and use of it infringes that third party's intellectual property rights, NameVerse, Inc., not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim.
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

6. Text (SMS) Messaging

The Services can send text messages to the clients and contacts in your workspace about their estimates and invoices. Text messaging is optional and off until you enable it. Where you use it, the following apply.

6.1 You are the sender

You decide who receives a message and what it says. Tabsy provides the mechanism and transmits messages through our messaging provider; as between you and Tabsy, you are the sender of those messages and are responsible for their content and for the relationship with the recipient.

6.2 Consent is your responsibility

You represent and warrant that, before sending any message through the Services, you have obtained the recipient's prior express consent to be contacted by text at that number, and that you will keep records evidencing that consent. You are responsible for complying with all laws and industry rules that apply to text messaging, including the U.S. Telephone Consumer Protection Act (TCPA), Canada's Anti-Spam Legislation (CASL) where applicable, CTIA messaging principles, and mobile carrier requirements including A2P 10DLC registration.

6.3 Permitted content

Messages sent through the Services must relate to work you are performing for the recipient — for example, notifying them that an estimate is ready, that an invoice has been issued, or that a payment was received. You may not use the Services to send marketing or promotional messages unless you have obtained separate consent for that purpose, and you may not send content prohibited by carriers, including messages relating to cannabis, tobacco or vaping, firearms, alcohol, adult content, gambling, high-risk lending, or debt collection.

6.4 Opt-outs

Recipients may reply STOP to stop receiving messages and HELP for assistance. We honour opt-outs automatically and permanently at the number level, and you may not attempt to circumvent an opt-out — including by re-adding the number, sending from another workspace, or asking the recipient to opt back in without fresh consent.

6.5 Delivery, rates, and suspension

Message frequency varies with your activity. Message and data rates may apply to recipients. Delivery depends on mobile carriers and is not guaranteed; neither Tabsy nor any carrier is liable for delayed or undelivered messages. We may suspend or disable text messaging for a workspace — with or without notice where the risk requires it — if messages generate carrier complaints or spam reports, breach this section, or put our messaging service at risk. Your indemnification obligations under section 14 apply to claims arising from messages you send.

7. Acceptable Use

You agree NOT to use the Services to:

• Violate any applicable local, state, national, or international laws or regulations
• Infringe on the intellectual property or privacy rights of others
• Upload or transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use the Services for fraudulent, deceptive, or illegal purposes
• Interfere with or disrupt the integrity or performance of the Services
• Reverse-engineer, decompile, or disassemble any part of the Services
• Use automated means (bots, scrapers) to access the Services without our written permission
• Send text messages to anyone who has not consented to receive them, or who has opted out

8. Your Content

You retain all ownership rights to the data, documents, and content you create or upload through the Services ("Your Content"). By using the Services, you grant Tabsy a limited, non-exclusive license to use, store, process, and display Your Content solely as necessary to provide and improve the Services.

You are responsible for ensuring that Your Content does not violate any laws or third-party rights. We reserve the right to remove content that violates these Terms.

9. Data Handling and Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Services, you consent to the data practices described in the Privacy Policy.

10. Third-Party Services

The Services integrate with third-party services including payment processors (Stripe), e-signature providers, cloud storage, push notification services (Firebase), and text-messaging delivery (Twilio). Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.

11. Intellectual Property

The Services, including all software, code, designs, text, graphics, logos, and other content created by Tabsy, are owned by NameVerse, Inc. and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from the Services without our express written permission.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TABSY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO TABSY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to indemnify and hold harmless Tabsy, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of another party.

15. Termination

You may cancel your account at any time through your account settings or by contacting support. Upon cancellation:

• Your access to the Services will end at the close of your current billing period
• You may request a copy of Your Content within 30 days of cancellation
• After 30 days, Your Content will be permanently deleted

If you subscribed through the Apple App Store, cancelling or deleting your Tabsy account does not cancel that subscription and does not stop Apple from billing you. You must turn off auto-renew through Apple as described in section 4.2.

We may suspend or terminate your account if you violate these Terms, with or without notice depending on the severity of the violation.

16. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Delaware.

Consumers outside the United States. Nothing in this section deprives you of the protection of any mandatory consumer-protection provisions of the law of the country or province in which you habitually reside, where those provisions cannot be derogated from by agreement. If you reside in Canada, this includes your rights under applicable provincial consumer protection legislation, and if you reside in Quebec, your rights under the Consumer Protection Act (Quebec), which apply notwithstanding the choice of law above.

Language. These Terms are drafted in English. A French version is available on request from [email protected] for residents of Quebec. Les parties confirment leur volonte que ce document soit redige en anglais, une version francaise etant disponible sur demande.

17. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page, updating the "Last updated" date, and/or sending you a notification. Your continued use of the Services after changes constitutes acceptance of the updated Terms.

18. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Tabsy regarding the Services.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.

Contact Us

If you have questions about these Terms of Service, please contact us:

• Email: legal@tabsy.co
• Phone: (650) 942-1791
• Address: 425 Page Mill Rd., Suite 200, Palo Alto, CA 94306