1. Agreement to Terms
By accessing or using the services provided by TABI ("Company", "we", "us", or "our"), including the website at tabi.gg and any related tools, platforms, or applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.
These Terms apply to all visitors, users, clients, and others who access or use the Services. By using the Services on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms.
2. Description of Services
TABI provides performance marketing services specializing in regulated industries, including but not limited to:
- Advertising platform certification and management
- Multi-channel digital acquisition strategy and execution
- Advertising compliance monitoring and governance
- Diagnostic tools including the TABI Engine Score
- Blueprint audits and strategic assessments
- Client dashboards and reporting
The specific scope of services for each client is defined in a separate Statement of Work ("SOW") or service agreement.
3. Accounts and Registration
To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as needed. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You must notify us immediately of any unauthorized use of your account or any other breach of security.
4. Client Obligations
Clients engaging TABI for managed services agree to:
- Provide timely access to advertising accounts, platforms, and relevant business information necessary for service delivery
- Maintain valid licenses, permits, and regulatory approvals required for their business operations and advertising activities in their respective jurisdictions
- Review and approve advertising materials, landing pages, and campaigns within agreed timelines
- Ensure that all products, services, and content promoted through TABI-managed campaigns comply with applicable laws and regulations
- Pay all fees as outlined in the applicable SOW or service agreement
5. Fees and Payment
Fees for Services are set forth in the applicable SOW or service agreement. Unless otherwise specified:
- Setup fees are due upon execution of the service agreement
- Monthly retainer fees are invoiced at the beginning of each calendar month and are due within fifteen (15) days of invoice date
- Media spend budgets are managed directly by the client in their own advertising accounts
- Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower
All fees are quoted in United States Dollars (USD) unless otherwise specified.
6. Term and Termination
Managed service engagements are governed by the term specified in the applicable SOW, typically a six (6) month initial term with quarterly reviews. Either party may terminate the agreement:
- For cause, with thirty (30) days written notice if the other party materially breaches these Terms or the SOW and fails to cure within the notice period
- Immediately, if the other party becomes insolvent, files for bankruptcy, or ceases operations
Upon termination, the client retains ownership of their advertising accounts and data. TABI will provide reasonable transition support for a period of fifteen (15) business days following termination.
7. Intellectual Property
TABI retains all rights, title, and interest in its proprietary tools, methodologies, frameworks, and technology, including but not limited to the TABI Engine platform, Engine Score diagnostic system, and Blueprint methodology ("TABI IP").
Campaign-specific creative assets, copy, and strategies developed for a client during an engagement are owned by the client upon full payment. General learnings, methodologies, and anonymized data insights derived from engagements remain TABI's property.
8. Confidentiality
Each party agrees to maintain the confidentiality of any proprietary or confidential information disclosed by the other party in connection with the Services. Confidential information includes, but is not limited to, business strategies, client data, financial information, campaign performance data, and proprietary technology.
Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.
9. Data and Privacy
Our collection and use of personal data is governed by our Privacy Policy. By using the Services, you consent to our data practices as described therein.
For managed service clients, TABI processes advertising and campaign data as a service provider on behalf of the client. The client remains the data controller for all personal data processed through their advertising campaigns.
10. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TABI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY SPECIFIC RESULTS WILL BE ACHIEVED.
While TABI manages advertising platform certification and compliance, we do not guarantee approval by any third-party platform. Platform policies are determined by the platforms themselves and are subject to change without notice. TABI is not responsible for account suspensions, policy changes, or enforcement actions taken by third-party advertising platforms.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TABI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES.
TABI'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO TABI IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify and hold harmless TABI and its officers, directors, employees, and agents from any claims, damages, losses, 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 applicable law or regulation.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Oriental Republic of Uruguay, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to the competent courts of Montevideo, Uruguay.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date and, for active clients, via email notification. Continued use of the Services after changes constitute acceptance of the modified Terms.
15. Contact
For questions about these Terms, contact us at:
TABI
Montevideo, Uruguay
legal@tabi.gg