General Terms

These Terms and Conditions (General Terms) govern interaction with GABPALS INC, including Company’s Website and App. Additional terms apply to Pals (Pals Terms).

Please read these General Terms carefully prior to interacting with Company or using Company’s Website or App. Continued interaction with Company, including use and viewing of Website or App, constitutes your acceptance of the General Terms, Pals Terms, and Privacy Policy and creates a legally binding agreement between User and Company.

Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right including those relating to any patent, trademark, copyright, or other intellectual property, proprietary, or other rights of Company or any of its affiliates, or any licensors.

Company Information

Company is GABPALS INC.

Definitions

“GABPALS,” “Company,” “We,” “Us,” and “Our” refers to GABPALS INC

“Gabpals Platform” refers to the Gabpals Wesbite and App

“Website” refers to Gabpals.com

“App” refers to the Gabpals app

“Gabbers” refers to Users who create a Gabber account to chat with Pals via the Gabpals Website or App

“Pals” refers to the Users who create a Pal account to chat with Gabbers via the Gabpals Website or App

“User” and “You” refer to those visiting and accessing Company Website or App including but not limited to “Gabbers” and “Pals”

Eligibility To Use Website Or App

You are only allowed to use Company Website or App if you are above the age of 18.

Use of Website or App is prohibited in any jurisdiction where all or any portion of Website, App, General Terms, Pals Terms, or Privacy Policy may violate any legal requirements and you agree not to access or utilize Website or App in any such jurisdiction.

General Rules

You agree not to use Website or App for any purpose prohibited by these General Terms or the law.

In addition, the following actions or behaviors are prohibited:

• Anything not in compliance with applicable law and regulations;
• Activity that damages or impairs Company in general including its property, the Website, App, Company systems, or Company networks;
• Activity that damages another User;
• Access, tamper with, or use non-public areas of Website or App;
• Promotion of objectionable content including harassment, libel, or violence;
• Scraping of Company Website or App; and
• Impersonation of another person, misrepresentation of affiliation, and misleading or fraudulent activity relating to one’s identity.

BY USING OUR PLATFORM AS A PAL YOU AGREE TO THESE TERMS THAT ARE ADDITIONAL TO THE GENERAL TERMS

Introduction

These terms (Pal Terms) are additional to the General Terms and apply to Pals and the clauses of the General Terms apply to the Pal Terms to the extent they are not inconsistent, including but not limited to the clauses relating to choice of law, choice of jurisdiction, and severability.

Definitions

The Pal Terms have the same meaning as the defined terms in the General Terms except for, here, “You” and “Your” refers to Pals.

Independence Of Pals

Your relationship with Company is that of an independent individual and not an employee, agent, joint venturer, or partner of Company, except that Company provides a platform. Company does not direct or control your choice to participate on the Gabpals Platform, and you agree that you have complete discretion whether and when to participate on the Gabpals Platform.

Payments To Pals

We charge a fee of % of all payments made to Pals from Gabbers, exclusive of any taxes charged (Platform Fee). The remaining % of payments (exclusive of any taxes) made by Gabbers to Pals is payable to Pals (Pal Earnings). The Platform Fee accounts for the costs in operating the Gabpals Platform.

1.1. Live Calls. Gabpals charge Users a price-per-minute fee as part of the listed rate. Gabpals.com may collect a monthly

service fee. Gapbals.com reserves the right to change service fees retained by Gapbals.com at any time.

Pals Account Creation

In order to operate the Gabpals Platform and comply with relevant laws, Pals must comply with an account creation process that includes the following:

• Provide a single form of valid government-issued identification
• Provide accurate and complete information relating to your name, date of birth, country of citizenship, and country of residence
• Provide valid payment information
• Provide required tax identification.

Rejection Of Pals Account Application

Company reserves the right to reject Your application for a Pals account for any reason.

Common reasons for rejection of a Pals account application include:

• Improper age verification
• False or misleading information in application

Suspension Of Pals Account

Company reserves the right to suspend Your Pals account for any reason and at any time.

Common reasons for suspension of a Pals account include:

• Not responding to requests for information, including additional age or identity verification
• Use of your Pals account by someone other than You
• Breach of any of the Pal Terms or General Terms

Your Relationship With The Gabpals Platform

Company only allows individuals to join as Pals on the Gabpals Platform, and each Pal is bound to both the General Terms and Pals Terms. Company does not form a relationship with any third parties and does not allow anyone else to utilize your account. Use of your Pals account by a third party is a breach of the General Terms and Pals Terms and is grounds for account suspension.

Confidentiality

You are not allowed to disclose the names, nicknames, distinctive marks, preferences, discussion topics, or any other personal information about Users which became available to You in the course of your participation on the Gabpals Platform. This clause concerning confidentiality applies in perpetuity, even after the termination of participation on the Gabpals Platform.

Transactions Between Gabbers And Pals

Transactions between Gabbers and Pals are governed by the Standard Gappals Agreement. The Gabpals Platform facilitates the transactions and the infrastructure for Gabbers and Pals to converse. However, the Gabpals Platform is not a party to the Standard Gappals Agreement nor any other agreement or transaction between Gabbers and Pals.

Content And Correspondence

You warrant that for any content or correspondence shared, posted, displayed, uploaded, or published to the Gabpals Platform that:

• The content or correspondence complies with the General Terms and Pal Terms;
• You possess all the necessary rights to the content, including intellectual property rights;
• The content or correspondence does not contain or encourage any illicit or illegal activity.

Further, Company is not responsible for and nor does Company endorse any aspect of any content posted by Gabbers or Pals nor any correspondence between Gabbers and Pals. Company does not have any obligation to monitor content or correspondence between Gabbers and Pals and Company has no direct control over the content or correspondence thereof.

Payments To Pals

If a Gabber successfully seeks a refund or chargeback from their credit card provider with respect of payment made to You, we may investigate and may decide to deduct from your account an amount equal to the amount earned by You on the charged-back or refunded amount. Further, We may withhold all or any part of payments due to You if:

• we believe that you have or may have breached any part of the General Terms or Pals Terms;
• if you attempt or threaten to breach any part of the General Terms or Pals Terms in a way in which we think has or could have serious consequences for Us or another User (including actual or possible loss caused to us or another User);
• or if we suspect that all or any part of Your payment is from unlawful or fraudulent activity, either by You or by the Gabber who made the payment in question

Payments will be held for as long as is necessary to investigate the actual, threatened or suspected breach by You or the suspected unlawful activity. If following our investigation, we conclude that (i) you have breached any part of the General Terms or Pals Terms; (ii) you have attempted or threatened to breach any part of the General Terms or Pals Terms in a way which has or could have negative consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the payments is from unlawful or fraudulent activity, we may notify you that you have forfeited your payment.

Tax Compliance

As a Pal, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other taxes. In certain jurisdictions, tax regulations may require that Company collect and/or report tax information about You, or withhold taxes from payouts to You, or both. If You fail to provide Company with documentation that we determine to be sufficient to support any such obligation to withhold taxes from payouts to You, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided.

Account Registration

Users registering an account with Company are required to provide accurate and complete information and may not misrepresent their identity or provide otherwise false information. User warrants that they are authorized to provide any information supplied to Company. User is required to update their account information should there be a material change to the original information provided. User is responsible for the security of their account and any actions that others take via their account.

Terms Of Sale And Refunds

By making a purchase whether, via the Website, App, or some other means, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding contract.

You represent and warrant that you have the right to use any means of payment that you use in connection with a purchase on the Website or App and you agree to pay, all charges and losses incurred in connection with your purchase.

By making a purchase, you agree not to file a payment or credit card dispute unless the service ordered was not provided.

Company reserves the sole right to limit purchases and cancel purchases that Company deems to be fraudulent or for other reasons at Company’s discretion.

Company strives to provide accurate pricing information, however, Company may make typographical or other errors such as omissions or inaccuracies. Company reserves the right to correct such errors at any time and to cancel purchases arising from such errors.

Any promotions or discounts provided by Company must be entered at the time of purchase, excluding taxes, and may not be used in conjunction with other promotions.

All purchases are subject to Company’s Pricing Policies made available elsewhere on the Website.

Ownership Of Intellectual Property

Except as otherwise expressly noted, Company or its service providers (as applicable) own all right, title, and interest in Website, App, or associated content, and all copyright, trademark, service mark, trade dress, and other intellectual property and proprietary rights, rights of publicity and rights of privacy in or relating to any of the foregoing. Company does not represent or warrant that such materials do not infringe the rights of any other person or entity. Trademarks, logos, and service marks (“Marks”) displayed on Website or App may be registered or unregistered Marks of Company, its affiliates, service providers, or its licensors, and may not be used without Company’s written authorization or license of the owner of such Marks. Without the express consent of Company in each instance, you may not reproduce, republish, download, upload, post, display, perform, frame, transmit, distribute, modify, or use Website or App content or Marks, in whole or in part, whether in text, graphical, audio, video, executable, or other forms except as expressly permitted by these Terms. Any other access to the Website or App or use of Marks is strictly forbidden without the prior written consent of Company. Any information or content contained on Website or App which may be reproduced pursuant to these terms or Company’s written consent must bear the proprietary rights notices which originally appear on or in conjunction with such information or content.

Disclaimer Of Warranties

User use of Company’s Website or App is at User’s own risk.

Company makes no representations or warranties regarding the condition of or access, function, and performance of the Website or App, or the suitability, accuracy, reliability, completeness, currency, quality, timeliness or usefulness of any of the foregoing, or that use of the foregoing will be uninterrupted or error-free.

Company does not represent or warrant that the Website or App, the information, or any other software, accessed from or through the Website or App, will be uninterrupted or free of errors, defects, viruses, or other harmful components, or that any such problems which are discovered will be corrected. Company is not responsible for any reliance you may place, in whole or in part, on the Website or App, and any such use or reliance is at your sole risk.

THE WEBSITE, APP, TOOL, AND ALL MATERIAL OR INFORMATION ON WEBSITE OR APP ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INFRINGEMENT. TO THE FULL EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES, NOR ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER RELATING IN ANY WAY TO YOUR USE OF OR RELIANCE ON THIS WEBSITE, APP, (OR ANY CONTENT THEREOF OR THEREIN), OR ANY MATERIAL, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These exclusions are in addition to any specific exclusion otherwise provided in the General Terms and Pals Terms. To the extent that the jurisdiction to which you are subject does not allow the exclusion of certain warranties, such exclusions that are not permitted do not apply.

Limitation Of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE UNDER ANY THEORY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE (INCLUDING LOST PROFITS), ARISING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE, APP, OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE, APP, OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY RELEASEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY RELEASEE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE LIABILITY OF COMPANY FOR ANY DAMAGES (DIRECT OR OTHERWISE), PENALTIES, OR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITE, APP, OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE WEBSITE, APP, OR ANY OTHER WEBSITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EXTRA-CONTRACTUAL LIABILITY, DELICT, OR OTHERWISE OF ANY TYPE EXCEED TEN DOLLARS ( $10). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU.

Without limitation and notwithstanding anything to the contrary, Company, to the extent permissible by law, shall not be responsible for and shall not be liable to you or to any third parties for any claims, losses, costs, expenses, damages, lost profits, business interruption, loss of programs or other data on your information handling system, or otherwise arising out of or in connection with:

a. failure to perform, delays, interruptions, communication line or system failures including communication malfunctions that affect the transmission, accuracy or timeliness of information, materials, messages, or instructions between you and Company, or which prevent information, messages, or instructions from being transmitted in whole or in part between you and Company;

b. your inability to access, at any time, any part of the Website or App;

c. interception, loss, or disclosure of confidential or sensitive information transmitted over the Internet, including personal information;

d. lack of suitability, reliability, timeliness, or availability of the Website, App, or products or services offered on the Website or App; or

e. Company’s failure to take corrective measures.

Your sole and exclusive remedy is to discontinue using and accessing the Website or App.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Company, its officers, members, employees, agents, affiliates, subsidiaries, licensors, and service providers from, and waive and release all claims incurred or suffered by any release arising out of or based on any claim or threatened claim based on (a) your use of or access to the Website or App, or that of or any other person to whom you have provided access to your computer system (b) your violation or breach of any of the Terms, or (c) your violation of any intellectual property rights of any third party.

Company Is Not A Party To The Standard Gabpals Agreement

Although Company facilitates transactions between Gabbers and Pals by providing the Gabpals Platform, Company is not a party to the Standard Gappals Agreement or any other contract which may exist between Gabbers and Pals, and are not responsible for any transactions between Gabbers and Pals.

Independence Of Pals

Pals are independent individuals and not an employee, agent, joint venturer, or partner of Company, except that Company provides a platform for correspondence between Gabbers and Pals.

Your Assumption Of Inherent Risk

You acknowledge that corresponding with strangers online has inherent risks and agree that you assume the entire risk arising out of your access to and use of the Gabpals Platform or any interaction you have with other Users whether in person or online. Further, Company does not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any User and we do not warrant the existence of any User verification, identity, or background checks.

Correspondence Between Gabbers And Pals

Company provides Website and App as a platform for Gabbers and Pals to communicate with each other. Users agree that Users have no obligation to follow any suggestions, comments, reviews, or instructions received from another User and that if User chooses to follow any suggestions, comments, reviews, or instructions received from another User, User does so entirely at Users own risk. Furthermore, Company is not responsible for reviewing or moderating correspondence or content, or to detect breaches of the General Terms or Pals Terms.

User Termination Or Suspension

Company, at its sole discretion, reserves the right to terminate or suspend Users’ use of Website or App at any time and for any or no reason at all. Upon such termination or suspension, User must discontinue the use of Website or App. Accessing the Website or App after such termination or suspension shall constitute an act of trespass.

Reviews, Feedback, And Other User-Generated Content

Company may seek reviews, feedback, as well as various other kinds of user-generated content (collectively, “Content”) from Users. By User providing Content to Company, User represents and warrants that such Content does not infringe or violate any third party’s intellectual property or proprietary rights and that User is authorized to grant Company a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license to use such Content. The license will include the right of Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such Content or feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content, and you hereby waive any claim to the contrary.

Notices Of Copyright Infringement (DMCA)

Company respects the intellectual property rights of others. If and when we become aware of allegations of copyright infringement in material distributed through Company Website or App, we will investigate the allegations and take appropriate action.

You acknowledge that you may be liable for damages, including attorneys’ fees and costs if you materially misrepresent that a work or activity is infringing your rights.

If you believe that your copyright is being infringed on Company Website or App, please provide Company with the following information:

• Identification of the copyrighted work claimed to have been infringed;
• Identification of the allegedly infringing material on Company Website or App that is requested to be removed;
• Your name, address, email, and phone number;
• A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and
• An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Please send the required information to Company via our contact page.

Links To Third Parties

Third-party websites and services, whether accessed via a link on Company Website or App, to make a payment via an embedded or outside processor, or to login to your User account on Company Website or App, or through a third-party service (such as a social media platform), are subject to the respective third party’s policies and are not governed by these Terms.

Security Disclaimer

User acknowledges and agrees that use of the Internet and access to Company Website or App is solely at User’s own risk. While Company makes efforts to maintain a secure Website and App, the confidentiality of any communication or information transmitted to/from the Website or App over the internet or other form of communication network is outside Company’s control and cannot be guaranteed. Accordingly, Company is not responsible for the security of any information transmitted to or from Company’s Website or App.

Reservation Of Company Rights

All rights not expressly delineated in these terms are reserved by Company.

The failure of Company to enforce any provisions of these Terms or respond to a breach by User or other parties shall not in any way waive Company’s right to enforce subsequently any provisions of these Terms or to act with respect to similar breaches.

Privacy Policy

Please review our Privacy Policy which governs Company’s collection, use, and sharing of personally identifiable information (PII).

Choice Of Law And Jurisdiction

These Terms shall be governed by the laws of the State of Florida, without regard to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any state or federal court located in Florida, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Severability

Any part, provision, or representation of these Terms that is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.

Changes To These Terms And Conditions

These General Terms, Pals Terms, and Privacy Policy constitute the whole legal agreement between User and Company in relation to use of Website or App and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking, or proposal, written or oral, between you and Company. No oral explanation or oral information given by any party shall alter the interpretation of these General Terms, Pals Terms, or Privacy Policy.

Company may modify, alter, add to, or otherwise update these General Terms, Pals Terms, or Privacy Policy at any time by updating this posting. Company may provide notice by any means permitted under applicable law. Continued use of Company Website, App, and other interaction with Company after updates to these Terms will be governed by the updated Terms.

Terms Last Updated

August 2023