Terms of Service

1.

These Terms set out the conditions on which the Service is provided and govern the rights and obligations between us and you in connection with any use of the Service.

2.

Any supplementary rules, guidelines or specifications we publish on our website or within the Service form part of these Terms.

3.

Where an individual agreement is in place — including a quotation, purchase order, services agreement or Data Processing Addendum — that agreement prevails over these Terms.

In these Terms, the following expressions have the following meanings.

(1)

“Service” means Fable, our website, our API, and all functionality, information and support provided in connection with them.

(2)

“You” or “User” means the individual or entity that accepts these Terms and uses the Service.

(3)

“Account” means the identifiers and credentials assigned to you for use of the Service.

(4)

“Connected Service” means an external mail, chat, calendar, storage or similar service, including Google Workspace, that the Service connects to under your authorisation.

(5)

“User Data” means any information you enter into the Service, transmit through it, or cause it to retrieve through a Connected Service.

(6)

“Google User Data” means information about you obtained through Google APIs.

1.

You may use the Service only if you accept these Terms in full. An agreement on these Terms is formed between us when you begin using the Service.

2.

If you are an entity, the individual accepting these Terms represents and warrants that they are duly authorised to bind that entity.

3.

A minor may use the Service only with the consent of a parent or legal guardian.

1.

You must provide true and accurate information when registering, and update it promptly if it changes.

2.

You must keep passkeys, authentication devices, API keys and other credentials secure, and must not disclose, lend or share them with any third party.

3.

You are responsible for loss arising from inadequate management or misuse of credentials, including use by a third party, and we bear no liability for it.

4.

We may treat any action taken using your credentials as your own action.

5.

If you become aware of unauthorised access or suspect it, you must notify us immediately and follow our instructions.

1.

The Service provides an environment in which information spread across several Connected Services can be read, searched and handled from a single interface.

2.

We may change the content, specification or feature set of the Service on prior notice to you. Notice may be omitted where a change is urgent.

3.

Some features may be offered as beta or trial functionality. For such features we make no commitment as to availability, accuracy or continued provision.

1.

Connections to a Connected Service are made on your own authorisation, such as through OAuth 2.0. You represent and warrant that you are duly authorised to grant it.

2.

We comply with the Google API Services User Data Policy, including its Limited Use requirements, in handling information obtained through Google APIs. Collection is limited to the scopes you have expressly authorised.

3.

We use Google User Data only to provide the Service to you and to deliver features you have expressly consented to. We do not use it for advertising, and human review occurs only for security purposes, to comply with applicable law, or with your express consent.

4.

A Connected Service provider may change its specification or terms, suspend provision, suffer an outage, or revoke your authorisation, and part or all of the Service may become unavailable as a result. We are not liable for this.

5.

You may withdraw any authorisation for a Connected Service at any time. On withdrawal we stop collecting data through that connection and delete data we hold in accordance with Article 10.

1.

Copyright and all other rights in User Data remain with you or the rightful owner.

2.

We handle User Data only to the extent necessary to provide and maintain the Service, respond to incidents, and meet our legal obligations.

3.

Intellectual property rights in the Service and our website belong to us or to our licensors. These Terms do not transfer or license those rights to you.

4.

We may process User Data statistically and use information derived in a form that does not identify any individual or entity to improve the Service.

1.

You must not do any of the following in connection with the Service.

2.

If we determine that you have done any of the above, we may suspend the Service or terminate the agreement without prior notice.

(1)

Violate any law, judgment, decision or order.

(2)

Infringe the intellectual property, reputation, credit, privacy or other rights or interests of us or any third party.

(3)

Interfere with operation of the Service, or place excessive load on servers or networks.

(4)

Attempt unauthorised access, probe for vulnerabilities, reverse engineer, decompile or otherwise analyse the Service, except with our prior written consent.

(5)

Resell, lend, sublicense or otherwise make the Service available to a third party without our prior written consent.

(6)

Register false information or impersonate another person.

(7)

Use the Service to obtain or transmit third-party data without authority.

(8)

Provide benefit to, or otherwise involve yourself with, organised crime.

(9)

Any other conduct we reasonably consider inappropriate.

1.

Fees for paid elements of the Service, how they are calculated, the payment method and the due date are as set out in your individual agreement or in the quotation we provide.

2.

If you are late in paying, we may charge late-payment interest at 14.6 percent per annum.

3.

We may change fees on 30 days’ notice. If you do not accept a new fee, you may cancel before it takes effect.

4.

Fees already paid are not refundable except where the cause is attributable to us.

1.

We retain User Data only for as long as needed to fulfil the purpose of use and for any period required by law.

2.

After the agreement ends we will, at your request, provide User Data in a reasonable format. The request must be made within 30 days of the end date.

3.

After that period we delete User Data and credentials, or render them unrecoverable, within 90 days. Residual data on backup media is deleted when the retention period for that media expires.

4.

You may request deletion of your account and associated data through the Service settings or by writing to info@fabla-us.com.

1.

We apply reasonable safeguards including encryption in transit (TLS), encryption of stored data and refresh tokens, least-privilege access, multi-factor and passkey authentication, and audit logging.

2.

If we become aware of a personal data breach affecting User Data, we will notify you within the period required by law or otherwise without undue delay.

3.

You are responsible for reasonable safeguards on your own devices, networks and credentials.

1.

We may engage third parties to perform part of the work necessary to provide the Service.

2.

We impose obligations on such parties equivalent to these Terms and applicable law, and remain responsible for their performance.

3.

A list of our principal subprocessors, including cloud infrastructure providers, is available on request.

1.

We may temporarily suspend the Service on prior notice for maintenance, updates, incident response, security reasons or force majeure. Notice may be omitted in an emergency.

2.

We may discontinue all or part of the Service on 90 days’ notice.

3.

We accept no liability beyond what these Terms provide for loss arising from a suspension or discontinuation under this Article.

1.

We do not warrant that the Service is fit for your particular purpose, that it has the functionality, commercial value, accuracy or usefulness you expect, or that your use of it complies with applicable law.

2.

We do not warrant that the Service is free of defects in fact or in law, including bugs, errors and infringement.

3.

We give no warranty as to the content, availability or accuracy of any Connected Service.

1.

Except in cases of our wilful misconduct or gross negligence, we are not liable for special, indirect or consequential loss, lost profit, or loss of data.

2.

Except in cases of our wilful misconduct or gross negligence, our total liability is capped at the fees you paid us in the twelve months immediately before the loss arose.

3.

Where any part of this Article is held unenforceable under applicable law, liability is limited to the maximum extent that law allows.

1.

If a dispute arises with a third party out of your use of the Service, you will resolve it at your own cost and risk.

2.

If we suffer loss, including legal fees, because you breached these Terms, you will compensate us for it.

1.

Neither party may disclose or leak to a third party, without the other’s prior written consent, technical, commercial or other information of the other party designated as confidential and disclosed through the provision or use of the Service.

2.

This obligation survives for three years after the agreement ends.

3.

It does not apply to information that is publicly known, independently developed, or required to be disclosed by law or court order.

1.

The term is as set out in your individual agreement. Where none is set out, you may cancel on 30 days’ notice to us.

2.

We may terminate the agreement if you breach these Terms and fail to cure within 14 days of our notice.

3.

We may terminate without notice if you suspend payments, a bankruptcy petition is filed in respect of you, or your creditworthiness is otherwise called into question.

1.

You may not assign, transfer or pledge your position, rights or obligations under these Terms without our prior written consent.

2.

If we transfer the business operating the Service to a third party, we may transfer our position, rights, obligations and user information under these Terms as part of that transaction.

1.

We may amend these Terms where the law changes, where a regulator so directs, where the Service changes, or where we otherwise consider it necessary.

2.

For a material change we will publish the change and its effective date on our website, or notify you by email, at least 30 days beforehand.

3.

If you use the Service on or after the effective date, you are deemed to have accepted the amended Terms.

1.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force.

2.

These Terms together with any individual agreement constitute the entire agreement between us regarding the Service and supersede all prior agreements, representations and understandings.

1.

Paid plans renew automatically on the same terms at the end of each term. Whether a plan auto-renews, the next billing date and the amount are shown at checkout and in your settings after purchase.

2.

You may switch off auto-renewal through your settings or by email up to the day before the next renewal date. We impose no additional steps and no retention process to cancel.

3.

Refund conditions, the treatment of free trials, and notice of price changes are governed by our Refund and Cancellation Policy, which forms part of these Terms.

1.

If a dispute arises regarding the Service, the parties will first negotiate in good faith for 30 days.

2.

If negotiation does not resolve it, the dispute will be settled by binding arbitration in Wilmington, Delaware, in English, under the Commercial Arbitration Rules of the American Arbitration Association, before a single arbitrator.

3.

The parties agree not to bring claims as a class action or class arbitration. Claims in small-claims court and applications for injunctive relief are outside this Article.

4.

This Article does not apply to the extent applicable law renders an arbitration agreement unenforceable.

1.

You represent and warrant that you are not a sanctioned country, entity or person under the U.S. Export Administration Regulations or the regulations of the U.S. Office of Foreign Assets Control, and that you will not provide the Service to any such country, entity or person.

2.

Consumption tax, value-added tax, withholding tax and other public charges levied on fees are borne by you, except where the law requires us to bear them.

3.

Where withholding is required, you will provide us with the withholding certificate or other supporting documentation.

1.

Neither party is liable for delay or failure in performance caused by natural disaster, war, terrorism, epidemic, change in law, widespread power or communications failure, a major cloud provider outage, or any other cause beyond its reasonable control.

2.

If such a cause continues for more than 30 days, either party may terminate the agreement on written notice.

1.

We give notice to you by sending it to your registered email address, or by posting it within the Service or on our website.

2.

You give notice to us by email to info@fabla-us.com.

3.

A notice is deemed received three days after it is sent.

1.

We define service-level objectives for uptime and response time and publish them on our website. These objectives are targets, not guarantees.

2.

For paid plans, an agreement may set a guaranteed service level and the remedies if it is not met.

3.

Planned maintenance is normally performed overnight U.S. Eastern time, with at least 48 hours’ notice.

1.

Features identified as beta or trial are provided without warranty and may be changed or withdrawn without notice.

2.

Our liability in respect of a beta feature is limited to withdrawing it.

1.

The Service includes third-party open-source software, which is subject to its own licence terms.

2.

A list of those licences is available on request.

1.

We may use suggestions, requests and other feedback you give us freely and without territorial restriction.

2.

We are under no obligation to pay for the use of feedback.

1.

Each party represents and warrants that neither it nor its officers appear on the Specially Designated Nationals list maintained by OFAC or on any other applicable sanctions list.

2.

If a breach of the above comes to light, the other party may terminate without notice and claim compensation for resulting loss.

Article 7 (User Data and ownership), Article 14 (Disclaimer of warranties), Article 15 (Limitation of liability), Article 16 (Indemnity), Article 17 (Confidentiality), Article 23 (Dispute resolution) and this Article survive termination.

1.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.

2.

If a dispute arises regarding the Service, the parties will seek to resolve it through good-faith discussion.

3.

For claims not subject to arbitration under Article 23, the state and federal courts located in New Castle County, Delaware have exclusive jurisdiction.

4.

These Terms are executed in English, and the English text governs.