Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and Tabs Intelligence (“Tabs,” “we,” “us,” or “our”), the operator of tabskept.com and the Tabs service. By accessing our website, subscribing to our briefs, or otherwise using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a company or other organization, you represent that you have authority to bind that entity, and “you” refers to that entity.

Tabs is a business-to-business product. If you do not agree with these Terms, do not use the Service.

1. Definitions

• Service — the Tabs website, platform, intelligence briefs, alerts, and related features.
• Brief — a Tabs intelligence email or web edition summarizing market and competitor activity.
• Subscriber — any person or entity that signs up to receive a Brief, on a free or paid tier.
• Third-Party Content — publicly available marketing and commercial information, and other publicly available materials, that Tabs observes and analyzes.
• Your Content — information you provide to us, such as your email address, company, and any competitor or brand lists you configure.

2. The Service

Tabs monitors publicly available marketing and commercial activity across a range of public sources and distills it into intelligence Briefs delivered to Subscribers. Briefs may be delivered on different schedules and with different features depending on your tier.

The Service is provided for informational and competitive-intelligence purposes only. Briefs are not legal, financial, investment, or professional advice, and should not be relied upon as such. You are responsible for your own business decisions.

3. Eligibility & Accounts

You must be at least 18 years old and capable of forming a binding contract to use the Service. You agree to provide accurate information and to keep it current. You are responsible for activity that occurs under your subscription and for maintaining the confidentiality of any access credentials or magic-link emails associated with your account.

4. Subscriptions, Fees & Billing

Tabs offers a free tier and one or more paid tiers. Pricing and included features are described at the point of sign-up or purchase and may change from time to time. Except where required by law, fees are non-refundable and there are no refunds or credits for partial subscription periods, downgrades, or unused Briefs.

Paid subscriptions renew automatically at the end of each billing cycle at the then-current rate unless you cancel before the renewal date. You may cancel at any time; cancellation takes effect at the end of the current billing period, and you retain access until then. We may suspend or terminate access for non-payment.

5. Acceptable Use

You agree not to, and not to permit anyone to:

• resell, redistribute, republish, or make the Briefs available to any third party outside your organization without our written permission;
• scrape, crawl, harvest, or use automated means to extract data from the Service, except as expressly permitted;
• reverse engineer, decompile, or attempt to derive the source code or underlying data pipelines of the Service;
• circumvent access controls, rate limits, tiers, or security measures;
• use the Service to violate any law, infringe any right, or send unlawful, deceptive, or unsolicited communications; or
• interfere with or disrupt the integrity or performance of the Service.

6. Third-Party Content & Data Sources

The Service observes and analyzes Third-Party Content that brands themselves distribute publicly. Tabs is not affiliated with, endorsed by, or sponsored by any brand referenced in a Brief, and references to any brand or trademark are for identification and commentary only. We do not access private, confidential, or non-public competitor systems or data.

We do not guarantee the accuracy, completeness, timeliness, or legality of Third-Party Content, and we are not responsible for it. Third-Party Content may be subject to the rights of others, and your use of any insight derived from it is at your own risk.

7. Intellectual Property

The Service, including the platform, software, design, Tabs name and logo, and the compiled, aggregated, and edited Briefs, is owned by Tabs and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and to use the Briefs for your own internal business purposes, subject to these Terms.

You retain ownership of Your Content. You grant Tabs a worldwide, royalty-free license to host, process, and use Your Content as necessary to operate, secure, and improve the Service and to produce the Briefs, and to create aggregated or de-identified data that does not identify you.

8. Email Communications & Tracking

By subscribing, you consent to receive the Briefs and related emails from us. Our commercial emails comply with the U.S. CAN-SPAM Act, include our physical mailing address, and offer a one-click unsubscribe. We use first-party open and click measurement and product analytics to operate and improve the Service, as described in our Privacy Policy. You may unsubscribe from marketing emails at any time; we may still send necessary transactional or service messages.

9. Disclaimers

THE SERVICE AND THE BRIEFS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DATA OR INSIGHT IS ACCURATE OR COMPLETE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TABS AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.

11. Indemnification

You will defend, indemnify, and hold harmless Tabs from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

12. Term & Termination

These Terms apply while you use the Service. We may suspend or terminate your access at any time if you breach these Terms or to protect the Service or comply with law. You may stop using the Service at any time. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and indemnification) will survive.

13. Changes to the Service or Terms

We may modify or discontinue features of the Service, and we may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or a notice on the website). Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

14. Governing Law & Disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. You and Tabs agree to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York for any dispute not subject to arbitration. To the extent permitted by law, any dispute will be resolved on an individual basis, and you and Tabs waive any right to participate in a class or representative action.

15. Miscellaneous

You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. If any provision is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver. These Terms, together with our Privacy Policy, are the entire agreement between you and Tabs regarding the Service.

16. Contact

Questions about these Terms: