Terms & Conditions

1. Introduction

Please read these terms and conditions carefully. They represent your agreement with Tabrio Communications Inc. (collectively the "Company") in connection with your use of our website and the communication services we provide called Tabrio Connect. . By visiting or using our website, including all of its features and functionalities, which includes, but is not limited to, one way text notifications, group email, text-to-email notifications, mobile calling, mobile messaging, call history and general account reporting, contact management, and online voice communication services implemented through its web interfaces, or certain of such functions through mobile devices as they become available (collectively, the "Service(s)"), you signify your intention to be legally bound by these terms and conditions ("Agreement"). You also agree to the provisions of the Privacy Policy of our website and Service. If you do not agree to this Agreement, you may not use the Website.

2. Agreement

This Agreement shall apply to all users of our Service. Tabrio may change the provisions of this Agreement from time to time and publish the revised agreement on our website. Your continued use of Tabrio Connect Services shall constitute your acceptance to be bound by the any terms and conditions of that might be revised and posted on our site.

3. Use of Tabrio Connect

This Agreement grants you a limited, non-exclusive, revocable right to use the Service for consumer and commercial purposes. This includes using its Services through various mobile devices that supports our Service. This right to use may either be with or without charge for limited promotional purposes, or for a subscription or upgrade fee specified by Tabrio Connect (hereinafter "Service Fees"), and such Service Fees extends a license for your use to any computer and mobile device you may have. This Service may include programs and applications used in combination with other third party software. In using the Service, you agree to refrain from:

  1. Using the Service for offensive, fraudulent, hate, pornographic and other offensive activities including but not limited to, distribution of content in any electronic medium where you do not have legal rights to distribute and sending unsolicited or offensive emails whereby you may intend or plan to cause significant harm to individuals or businesses;
  2. You further agree not to use the Service or website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law, and you hereby indemnify the Company and its parent Verb Exchange Inc. against any loss, liability, damage or expense of whatever nature which the Company or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any such message or material.
  3. Assigning or otherwise granting your Service access or rights of use to another party that may use this Service for activities as stated in condition (1) herein;
  4. Modifying, creating derivative works thereof, reverse engineering, decompiling, disassembling or hacking the Service; and/or
  5. Using the Service in such a way as to adversely interfere with the functionality of the Service.

As a further condition of your use, you are also required to do the following:

  1. If third party software is distributed along with our Service, you agree to accept a license agreement with that third party and to enforce any rights you may have in such third party software against the third party provider and not against The Company or its parent company Verb Exchange Inc any of its subsidiaries, agents, employees, directors, or assigns;
  2. You agree that all intellectual property rights (including, but not limited to copyright, trademark rights, patent rights or any custom development conducted on your behalf to enhance the Service for your use is the exclusive property of the Company, its affiliates and/or its licensees, and you agree not to take any action to challenge or interfere with these intellectual property rights even if you discontinue the use of the Tabrio Connect Service;
  3. You will monitor the Service and its website to make yourself aware of and agree to be bound by any changes, updates and/or amendments to this Agreement;
  4. 4) You will comply with the laws of your jurisdiction that are applicable to this Agreement, including refraining from using the Service in an unlawful manner in your jurisdiction.

4. Information on the Website

Every effort is made to update the information contained on our Tabrio Connect website. However, neither the Company or its parent company Verb Exchange Inc. ("Parent") nor any third party, data provider or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained in our Service or on our website (including but not limited to any information which may be provided by any third party or data or content providers) and the Company or its Parent shall not be bound in any manner whatsoever by any information contained in the Service or on its website that may be found to be inaccurate, untrue or offensive. Tabrio Connect will perform under its best abilities to ensure accuracy of any information or content on its Service or website and will correct any to be found inaccurate, untrue or offensive within a reasonable amount of time. The Company reserves the right at any time to change or discontinue, without notice, any aspect, function, feature, page or section of its Service or website. No information shall be construed as advice, and any information is offered for information purposes only. You and any person you represent rely on the information contained on our Service or website and you use such information at your own risk.

5. Intellectual Property

All content and materials associated with the Service or website, including but not limited to, trademarks, text, names, logos, and service marks the intellectual property of The Company or its Parent and/or its licensees and general users, and are protected under Canadian and foreign intellectual property laws. You may not use, reproduce, modify, adapt, publish, transmit, distribute, or exploit in any other way the Service or website content and any materials thereto, whether in whole or in part, other than as expressly authorized, without the written permission and consent of the Company or its Parent.

6. External Links

External links via advertising inserts or by general reference may be provided for your convenience and is beyond the control of . No representation is made as to their content. Use or reliance on any external links and the content therein is at your own risk.

7. Payments & Transactions

The Tabrio offers subscription packages and alacarte features for its consumers and business customers ("Pricing Package(s)") All quoted currencies and conducted transactions are in United States dollars (USD) unless otherwise stated. During registration of the Service, we will require your credit information and validate such information accordingly using our third party payment and clearing provider. A user account will not be charged with a balance during the use of a trial registration.

A customer trial period whether it's for our consumer or business services, expire after its promotional minutes have been fully used. A notification will be provided once a customer has reached their expiration period (less than 2 minutes). This allows our customers to accept or decline further service from the Service and Pricing Package they have selected. If our customers accept, their credit cards will automatically be charged for the next ensuing month of service. If our customers elect no, then no charges to their credit card is made and the Service ceases during that period.

Monthly subscriptions are billed every 1st of each month through your valid credit card. A statement is provided to you via email at each billing period. If for any reason your credit card fails to authorize our payment, then the Service will cease to operate. During your next login, you will be prompted to update your payment information and such payment will be authorized beforehand in order for you to continue our Service.

8. Refund Policy & Termination of Service

You can terminate our Services any time unless you are a large business customer ('Enterprise client'). Terminating your service can be done from our website or by giving one of our customer care accounts personnel a call. Once you terminate your Service, no further charges to your credit card will be made. If you terminate your Service during a particular month you may still use the Service until the end of such month. Your credit card will no longer be charged for the next ensuing month. There are no partial refunds allowed for Service terminations occurring during any given month. There are no refunds for unused minutes that might be available in your current balance in the event you terminate your Service. Once your Service terminates at the end of the month during the month of your termination, any unused minutes are voided and your account is removed from active service. You cannot reactivate your account once you have terminated your Service. Enterprise client accounts are engaged via a business enterprise services agreement and are governed by any terms and conditions therein. For Enterprise clients, please speak to your account executive for any further questions or details surrounding Service termination or subaccount termination from your organization.

The Company reserves the right to modify our registration, signup and pricing policy at any time. With the exception of pricing changes, no notices will be provided to our customers with regard to any of these policy modifications we collect credit card information during our trial periods to avoid fraud on our Service. For the protection of our consumers and business customers Tabrio Connect reserves the right to delay, suspend or deny transactions that appear to be fraudulent on our system.

9. Call & Connection Pricing

Tabrio Connect is priced in the following manner:

  1. for incoming and outgoing calls generated by the user;
  2. for outgoing text notifications;
  3. a connection fee for email and website calls initiated; and
  4. for incoming email and website calls to our users.

Our Pricing Packages quote calls generated within North America only. Other international long distance or text charges may apply and will vary depending on its point of call origin and destination of call. For information on specific call routes, see our rates page.

Tabrio reserves the right without notification to the user to amend in its entirety or any portion of its pricing attributed to its monthly Pricing Packages. However, should we change the pricing significantly to that of what is currently being billed to your account, then a notice within 30 days of the expected price change will be electronically sent to you.

10. Further Restrictions

Our Service enables you and your contacts to communicate over the Internet. Tabrio Connect cannot guarantee that you will always be able to communicate effectively with others when using the Service. Your use of Tabrio Connect and its offered Services is dependent on your own internet and/or mobile phone connectivity or device compatibility. Tabrio Connect has no control and assumes no liability for loss of use occurring from any third party devices. Moreover,

THE SOFTWARE DOES NOT SUPPORT EMERGENCY OR 911 COMMUNICATIONS and we cannot warranty the transmission of such communications. Tabrio Connect cannot warranty or make any representations to the contrary that content of any medium communicated or transmitted by our Service will be maintained as private or confidential. Although Tabrio Connect takes every precaution by using third party security software, anti-fraud and firewall services and secured storage locations, it makes no warranties with respect to the Service as to the merchantability or fitness of use for any particular purpose. This clause shall survive termination of the agreement.

a. Content of Communications

The content of the communication spread by the use of the Service is entirely the responsibility of the sender of such communication. By using the Service, you may be exposed to content that might be indecent, harmful to minors or objectionable and you use the Service for the purpose of communication at your own risk.

b. Service Upgrades

Tabrio Connect might make and automatically update any upgrades or repairs to its Service and you agree to accept such modifications, repairs, or upgrades accordingly.

c. Suspension

Tabrio Connect reserves the right to discontinue or disable your Service or any version thereof without notice to you for the purposes of repairing or upgrading the Service, or where you have breached the terms and conditions of this Agreement or have violated any applicable laws of your jurisdiction.

d. Representations

You represent and warrant that you are authorized to enter into this Agreement, that you will comply with the terms of this Agreement, and that you will meet your obligations under this agreement, under all applicable laws of your jurisdiction, and under all applicable policies, which may be updated from time to time by Tabrio Connect, the Company or its Parent.

e. Right of Publication & Press for Businesses

You agree by entering into this Agreement that from time to time, we may publish your company name as an identifiable customer on our website, press release, news articles, blogs, information brochures or general materials whether electronically or in print as part of our promotional and marketing materials. We will not disclose any private information with regard to your business and such references will be specific toward marketing our service only.

11. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY, ITS PARENT AND AFFILIATES, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE LEGAL FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE SERVICE, OR (D) COMMUNICATION SPREAD BY MEANS OF THE SERVICE. THIS CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

a. Limitation of Liability

TABRIO (INCLUDING ITS AFFILIATES, CONSULTANTS, OFFICERS, EMPLOYEES, AND AGENTS) SHALL NOT BE RESPONSIBLE FOR, AND DISCLAIMS ALL LIABILITY FOR, ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER WHICH MAY BE SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR WHICH MAY BE ATTRIBUTABLE, DIRECTLY OR INDIRECTLY, TO YOUR ACCESS AND USE OF THE WEBSITE OR ITS SERVICE, ANY INFORMATION CONTAINED ON THE WEBSITE, OR YOUR PERSONAL INFORMATION OR MATERIAL AND INFORMATION TRANSMITTED OVER OUR SERVICES. IN PARTICULAR, NEITHER TABRIO CONNECT NOR ANY THIRD PARTY SERVICE PROVIDER SHALL BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER PERSON, FIRM OR CORPORATION WHATSOEVER FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER ARISING FROM ANY DELAYS, INACCURACIES, ERRORS IN, OR OMISSION OF ANY INFORMATION OR THE TRANSMISSION THEREOF, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON OR OCCASIONED THEREBY OR BY REASON OF NON-PERFORMANCE OR INTERRUPTION, OR TERMINATION THEREOF. NOR SHALL TABRIO CONNECT, THE COMPANY OR ITS PARENT BE LIABLE FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE AND SERVICES. THIS CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

b. Entire Agreement

The terms and conditions of this Agreement, together with the Privacy Policy constitute the entire Agreement between you and Tabrio Connect and the Company with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

c. Severance

If any provision of this Agreement is found by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, such provision will be severable from and not affect the validity and enforceability of the remainder of the Agreement.

d. No Waiver

The Company’s failure to exercise, or delay in exercising, a right, power or remedy provided by the agreement or by law shall not constitute a waiver of that right, power or remedy. If Tabrio waives a breach of any term and conditions of this Agreement, such waiver shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

e. Applicable Law and Competent Court

This Agreement shall be governed by and interpreted in accordance with the laws of the province of British Columbia and Canada, without application of conflicts of laws and international treaties. You and Tabrio Connect and the Company agree to submit any disputes to the exclusive jurisdiction of the courts within the province of British Columbia, Canada.

f. Retention of Record of Use

The Company will retain records of your use of the Service for as long as it deems necessary to satisfy regulatory, billing, and record keeping requirements. Your Caller I.D. (phone number) will be visible to the called party unless specifically noted or modified by your in your settings area at the time of each use.

g. Survival

Any provisions of this agreement that are expressed to survive or operate in the event of termination of this Agreement shall so survive the termination of this agreement.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE "I AGREE" BUTTON OR SIMILAR BUTTON OR LINK, OR BY SENDING THE APPROPRIATE SMS COMMAND INDICATING YOUR AGREEMENT WITH THESE TERMS, AND/OR USING OR ACCESSING THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

12. Questions or Concerns

If you have any questions, comments or concerns arising from the Website, the Privacy Policy or any other relevant terms and conditions, policies and notices, or the way in which we are handling your personal information, please email us at support@teamtabrio.com or contact us by mail at: #820 - 750 West Pender Street, Vancouver, BC V6C 2T8