Terms of Service

Welcome to Fablware, LLC ("Fablware," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website located at fablware.com, including all related content, features, and services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. We reserve the right to modify these Terms at any time. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms.

2. Eligibility

You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to use the Services. By using the Services, you represent and warrant that you meet this eligibility requirement. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Services Description

Fablware is an independent software development company based in Scottsdale, Arizona. Through the Services, we provide information about our company, our software products, and related services. We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice or liability.

Fablware also develops and publishes mobile applications, including but not limited to Dancify, Joltd, Pondrly, TaskTap and future apps published under the Fablware, LLC or JBLabs, LLC developer accounts.

4. Intellectual Property

All content, features, and functionality of the Services — including but not limited to text, graphics, logos, icons, images, audio clips, software, source code, and the overall design and arrangement thereof — are the exclusive property of Fablware, LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing them.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

5. Trademarks

The Fablware name, logo, and all related names, logos, product and service names, designs, and slogans — including but not limited to Dancify, Jolted, Pondrly, TaskTap, and any associated branding — are trademarks of Fablware, LLC or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

6. User Conduct

You agree not to use the Services in any way that:

• Violates any applicable federal, state, local, or international law or regulation.
• Infringes upon or violates the intellectual property rights or any other rights of anyone else.
• Attempts to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Services.
• Transmits any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
• Uses any robot, spider, crawler, scraper, or other automated means to access the Services for any purpose without our express written permission.
• Impersonates or attempts to impersonate Fablware, a Fablware employee, another user, or any other person or entity.
• Engages in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.

7. Third-Party Links and Services

The Services may contain links to third-party websites, services, or resources that are not owned or controlled by Fablware. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Fablware shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

8. Purchases and Payments

In-app purchases and subscriptions within our mobile applications are processed through Apple's App Store and Google Play Store. Payment processing may be managed by third-party providers such as RevenueCat, depending on the app. All billing, refunds, and payment disputes are governed by the respective platform's terms and policies. Fablware does not directly collect or store your payment card information.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

FABLWARE, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FABLWARE, LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID TO FABLWARE, IF ANY, DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

11. Indemnification

You agree to defend, indemnify, and hold harmless Fablware, LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including but not limited to any use of the Services' content, services, and products other than as expressly authorized in these Terms.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in Maricopa County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Dispute Resolution

Any dispute arising from or relating to these Terms or the Services shall first be attempted to be resolved through good-faith informal negotiation. If the dispute is not resolved within thirty (30) days of the initial notice, either party may proceed with formal legal remedies as outlined in the Governing Law section above.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15. Waiver

No waiver by Fablware of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fablware to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Services, constitute the entire agreement between you and Fablware, LLC regarding your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

17. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms.