Terms of Service

Effective Date: August 10, 2023

Welcome to the website of Fabber, Inc. (“Fabber”, “us”, “we”, or “our”). Please read these Terms of Service (the “Terms”) meticulously as they govern your use of our primary website located at fabberapp.com, as well as any other websites that we may establish or operate in the future (each referred to as a “Site”, and collectively termed the “Sites”); our plugins tailored for design software, notably Revit (“Plugins”); our application program interfaces (“APIs”); our software development kits (“SDKs”); and our suite of collaboration tools, along with other products and services we might introduce or operate down the line (collectively, with the Sites, Plugins, APIs, and SDKs, the “Services”). As we evolve and expand, we might roll out platforms or features where Fabber users can share, collaborate, and possibly even sell and purchase resources. Such platforms or features, when introduced, will be integrated as part of the Services we offer.

1. AGREEMENT TO THESE TERMS

By using the Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.

2. CHANGES TO THE TERMS OR SERVICES

We may modify the Terms at our sole discretion. If we do, we will inform you either by posting the modified Terms on the Site or through other communications. Continuing to use the Services after such changes indicates your agreement to the modified Terms. We may also change or discontinue any part of the Services, at any time without notice or liability, at our sole discretion.

3. SERVICE TERMS

3.1. Who may use the Services. You may use the Services if you are of legal age to form a binding contract with Fabber. For example, you must be 13 years or older under most United States’ law, or 16 years or older under California or European Union law.

3.2. Use Restrictions. Except as expressly authorized in these Terms, you will not, and will ensure your employees, contractors, and other associated users (“Authorized Users”) do not, and will not encourage or assist third parties to: (i) reverse engineer, decompile, or otherwise attempt to discover the source code or underlying ideas of the Services; (ii) provide, sell, or allow others to access or use the Services; (iii) modify or remove proprietary notices from the Services; or (iv) bypass any technical limitations implemented by Fabber.

3.3. Authorized Users; Accounts. As part of the registration process, you will identify an administrative username and password for your Fabber account. You are responsible for maintaining control over your account, including the confidentiality of your username and password, and are solely responsible for all activities that occur on or through your account.

3.4. SmartFamilies™ Usage. Access to and use of Fabber’s SmartFamilies™ are subject to the following terms:

3.4.1 Private Trial Period Usage: During your free private trial period, we invite you to fully explore the capabilities of Fabber by integrating SmartFamilies™ into your pilot project models. Please note, if you decide not to continue with a Fabber subscription or to extend your trial, these SmartFamilies™ should remain only within the pilot project and must not be exported or used in other projects.

We offer this trial complimentary because we are confident in the effectiveness of our products and want you to experience their full potential without initial commitment. However, to protect our intellectual property and to ensure fair usage, it’s important that these families are not used beyond the scope of the pilot project unless a subscription is purchased. If you find that Fabber isn’t the right fit, removing our SmartFamilies™ is straightforward with the Fabber offboarding tool.

For any assistance or queries during or after your trial, our support team is eager to help at support@fabberapp.com. We’re here to ensure that your evaluation is beneficial and hassle-free.

3.4.2 Post-Subscription Usage: After a paid subscription ends, SmartFamilies™ in existing models remain functional but cannot be used in new projects or by unlicensed users.

3.4.3 Cloud-Based Updates: SmartFamilies™ are cloud-based and require an active subscription for updates and full functionality.

3.4.4 Modification and Export Restrictions: SmartFamilies™ are non-modifiable and should not be exported or saved outside of their intended projects.

3.5. Feedback; Use Rights. We welcome feedback, comments, and suggestions. You hereby transfer all rights in any feedback you provide to us. Additionally, Fabber will have the right to collect and analyze data relating to the use and performance of various aspects of the Services. For feedback please reach out to support@fabberapp.com

3.6. Reservation of Rights. Fabber owns all rights in the Services, and you own all rights in any applications or materials developed or uploaded by you on the Services. All rights not expressly granted are reserved.

3.7. Patent Assertion Entities. If you are associated with a Patent Assertion Entity, you will not assert any claim against Fabber alleging that the Services infringe any intellectual property rights.

4. LICENSE

4.1. License to Services. Subject to these Terms, we grant you a limited, non-exclusive license to access and use the Services for your internal business or personal purposes.

4.2. License Restrictions. If we introduce platforms where users can share resources, your use of these resources will be subject to terms between you and the creator of the resource.

5. CHARGES AND PAYMENT

5.1. Pricing. Some Services may have associated fees. Your rights and obligations with respect to certain Services will be based on the pricing plan you choose.

5.2. Payment Terms. When you purchase our Services, you authorize us or our third-party payment processor to charge you for such Services. All payments are in U.S. Dollars and are non-refundable.

5.3. Authorization for Recurring Payments. Some Services may involve recurring fees. By agreeing to these Terms and purchasing a Service with recurring fees, you acknowledge your responsibility for all recurring payment obligations.

5.4. Canceling Subscriptions. You may cancel your Subscription at any time. To cancel, you can email us at support@fabberapp.com.

5.5. Taxes. All fees do not include taxes. You are responsible for any taxes associated with your use of the Services.

6. CONFIDENTIALITY

6.1. Confidential Information. We may disclose proprietary or non-public information to you. This information is considered Confidential Information.

6.2. Obligations. You will use our Confidential Information only for evaluating the Services. You will not disclose our Confidential Information to third parties without our consent.

7. WARRANTIES AND DISCLAIMERS

7.1. Data Loss. In the event of data loss or corruption associated with a Subscription, Fabber will use reasonable efforts to restore the data. EXCEPT FOR THIS, FABBER WILL NOT BE RESPONSIBLE FOR ANY LOSS OR CORRUPTION OF DATA

7.2. No Warranty. We provide the Services “AS IS” without any warranty. We disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7.3. Non-Fabber Resources. Fabber is not responsible for any third-party resources or applications that are not owned or controlled by Fabber.

8. INDEMNITY

You will indemnify and hold harmless Fabber and its affiliates from any claims arising out of your use of the Services, your content, or your violation of these Terms.

9. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL FABBER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

10. TERMINATION

We may terminate your access to and use of the Services at our sole discretion, at any time and without notice or liability to you. If we freeze your account or cancel your subscription and the termination is not due to your breach of these Terms, we will provide you a pro rata refund of pre-paid unused fees, unless legally prohibited.

You may cease use of the Services at any time. If you have a subscription, you may terminate it as described in the relevant section. You can also cancel your Fabber account at any time. To cancel, you can email us at support@fabberapp.com.

11. MISCELLANEOUS

11.1. Development Resources. If Fabber introduces developer tools or APIs, terms related to their use will be provided.

11.2. Accessing Apps. If Fabber offers apps through app stores or platforms, terms related to their use will be provided.

11.3. Privacy Policy. Our Privacy Policy, available at fabberapp.com/privacy, governs how we collect, use, and disclose information from the Services.

11.4. Copyright and IP Policy. Fabber respects copyright law and expects its users to do the same. Our Copyright and IP Policy will be available on our website.

11.5. Trademark Guidelines. Any guidelines related to the use of Fabber’s trademarks will be provided on our website.

11.6. Community Feedback. If Fabber introduces a community platform, any feedback or comments you provide grants Fabber a non-exclusive, royalty-free license for its reasonable use.

11.7. Force Majeure. Fabber will not be liable for any delay or failure due to causes beyond its reasonable control.

11.8. Notices. Any notices provided by Fabber under these Terms will be given via email or by posting to the Site.

11.9. Groups. If Fabber introduces group features, the group administrator will be responsible for the group’s compliance with these Terms.

11.10. Assignment. These Terms are not assignable or transferable by you without our prior written consent.

11.11. Service Providers. Fabber may engage third parties as service providers to the Services.

11.12. No Partnership. These Terms do not create any agency, partnership, joint venture, or employment relationship. However, if you’re interested in becoming a Fabber partner, please reach out to us at integrations@fabberapp.com.

11.13. Governing Law. These Terms will be governed by the laws of the jurisdiction in which Fabber operates, without regard to its conflict of laws provisions.

12. SMARTFAMILIES™

12.1. Access and Usage Rights: If Fabber introduces developer tools or APIs, terms related to their use will be provided.