Terms of Service

Last updated: Jul 01, 2024

1. Acceptance of Terms

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. These terms of use ("Terms"), along with Rabbitpair's Privacy Policy, govern your use of Rabbitpair's Websites and Other Services. For the purposes of these Terms, (i) "Websites" refers to www.rabbitpair.com, as well as the other websites that Rabbitpair operates and that link to these Terms, and (ii) "Other Services" means Rabbitpair's products and services, including, but not limited to, the Browser Extension "VertiTab" (formerly known as "Color Side panel tabs"). If you do not agree to these Terms, you must not access or use our Websites or Other Services.

By creating an account, or by entering into an agreement to purchase a Subscription (as defined below), you agree, as an individual or on behalf of the Organization that you represent, as applicable, to be bound by these Terms as Customer.

By accepting an invitation to join an account created by a Customer or otherwise indicating your assent to these Terms, you agree to be bound by these Terms as an Authorized User of a Customer's Subscription.

In either case, you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are at least 13 years of age, and (3) you have the authority to enter into the Terms (on behalf of yourself or, if applicable, the Organization that you represent). If you do not wish to be bound by these Terms, you may not access or use the Services. Our Services are not designed for users under the age of 13, and if you are younger than 13 you may not use the Service.

These terms incorporate by reference the Rabbitpair Privacy Policy available at privacy.

2. Access to the Service

A Customer may enter into an agreement with RabbitPair to purchase a subscription to access and use the Service, subject to these Terms (a "Subscription"). RabbitPair may, in its sole discretion, also offer Customers the ability to access and use the Service without payment, subject to these Terms (an "Unpaid Subscription").

RabbitPair may terminate any Unpaid Subscription at any time, in its sole discretion, without liability to the applicable Customer or any Authorized User. In the case of a Subscription, Customer and its Authorized Users will be permitted to access and use the Service for the period set forth in such Subscription. In all events, RabbitPair reserves the right to modify or discontinue the Service with or without notice and without liability to any Customer or Authorized User. If you object to any such modifications, your sole recourse will be to cease access to the Services.

3. Use of the Services

a. To use certain features of our service, you may be required to create an account. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.

b. You agree to use the Services only for purposes that are (a) permitted by the Terms and (b) in compliance with all applicable laws, rules and regulations.

c. You agree not to access (or attempt to access) the Service through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

d. You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).

e. You agree that you will not reproduce, duplicate, copy, attempt to create a substitute or similar service through use of or access to, sell, trade or resell the Services for any purpose.

f. You agree that you will not (and you will not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law.

g. You agree that you will not transmit to RabbitPair any: (i) "personal data" (as defined by the European Union General Data Protection Regulation), (ii) "protected health information" (as defined by the United States Health Insurance Portability and Accountability Act of 1996), or (iii) any other data that is subject to regulation, without first entering into a separate agreement with RabbitPair regarding such transmission and processing of such data, and ensuring compliance with applicable laws. You acknowledge and agree that RabbitPair does not screen the content that you submit to RabbitPair, and as such relies on your compliance with this paragraph.

h. You agree that you are responsible for your own conduct and Content while using the Services and for any consequences thereof.

i. You agree to maintain the confidentiality and security of your password and any other account information. You agree to notify RabbitPair immediately at [email protected] if you become aware of any unauthorized use of your password or of your account.

j. You agree that for each Customer account, certain users assigned by Customer ("Admin Users") may have administrative privileges which can access and modify your Content on the Service, and may remove your ability to access the Customer account and such Content. You agree that RabbitPair will have no liability to you for actions taken by Admin Users.

4. Content in the Services

You understand that all information and web content which you may have access to as part of, or through your use of, the Services (the "Content") is the sole responsibility of the person from which such Content originated. By using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who own such Content. RabbitPair reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

You agree that you are solely responsible for any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which RabbitPair may suffer) by doing so.

5. Proprietary rights

a. Ownership and Confidentiality

You acknowledge and agree that RabbitPair owns and retains all legal right, title and interest in and to the Services, including all intellectual property rights related thereto (whether registered or unregistered, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by RabbitPair and that you shall not disclose such information without RabbitPair's prior written consent.

b. License Grant

RabbitPair hereby grants you a personal, worldwide, royalty-free, non-sublicensable, non-assignable, non-exclusive, non-transferable and revocable license to access and use the Services in compliance with these Terms. You acknowledge and agree that you obtain no intellectual property rights under these Terms, except for the limited license explicitly contained herein.

c. Content Rights

You retain copyright and any other rights you already hold in Content which you submit, share, upload, post or display on or through the Services. You hereby grant RabbitPair a limited license to use your Content to provide the Services, including the right to access, use, process, reproduce, adapt, modify, translate, publish, and distribute Content (a) as requested by you or a User; (b) as necessary to manage accounts, provide Support and provide and improve the Services, including to identify, investigate, or resolve technical or security problems with the Services and to detect and protect against fraud; and (c) as required by applicable law, regulation, legal process or enforceable governmental request and to detect and prevent violations of these Terms.

d. Anonymized Content

RabbitPair may anonymize and aggregate your Content (as so anonymized and aggregated, the "Anonymized Content") for the purpose of analyzing and improving the performance of the Service, developing machine learning algorithms underlying the Service, recommending publicly available applications or web content to other users of the Service, producing and publishing marketing content, and otherwise operating its business. You hereby grant RabbitPair a worldwide, non-exclusive, royalty-free, license to use, copy, reproduce, distribute, prepare derivative works of, display and perform any and all Anonymized Content for such purposes, provided that no such use of the Anonymized Content identifies Customer or any Authorized User.

e. Representation and Warranty

You represent and warrant to RabbitPair that you have all the rights, power and authority necessary to grant the above licenses. You agree that you will not submit, share, upload, post or display Content on or through the Service that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit, share, upload, post or display the Content and to grant RabbitPair all of the license rights granted herein.

6. Publicity

If you are creating an account on behalf of an Organization, you hereby grant RabbitPair permission to use and display your Organization's name and logo on RabbitPair's website and in marketing materials, and to identify you as a customer of RabbitPair. To request removal of this identification, please notify us in writing at [email protected]. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to do so and why.

7. Termination

These Terms will continue to apply until terminated by either you or RabbitPair as set out below.

Either party may terminate any Subscription in the event that the other party materially breaches these Terms and does not cure such breach within 30 days after receipt of written notice thereof.

A Customer may terminate a Subscription at any time (a) by notifying RabbitPair at any time at [email protected] or (b) via the interface provided as part of the Services, provided that in no event will Customer be entitled to a refund of prepaid but unused fees.

RabbitPair may terminate these Terms or any Subscription, at any time if: (a) Customer or any Authorized User has breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); (b) RabbitPair is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) RabbitPair is transitioning to no longer providing the Services to users in the area in which you are resident or from which you use the service; or (d) if the provision of the Services to you by RabbitPair is, in RabbitPair's sole opinion, no longer commercially viable.

RabbitPair may terminate any Unpaid Subscription at any time with or without notice.

Upon termination of these Terms or any Subscription, all of the legal rights, obligations and liabilities under these Terms arising prior to such Termination or which are expressed to continue indefinitely, shall survive such Termination indefinitely.

8. No Warranty

THE SERVICES ARE PROVIDED "WITH ALL FAULTS" AND ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. RabbitPair MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. RabbitPair MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR FREE OF VIRUSES OR BUGS; NOR DOES RabbitPair MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE.

TO THE EXTENT THAT RabbitPair MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH APPLICABLE LAW.

9. Limitation of Liability and Indemnity

IN NO EVENT WILL RabbitPair BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE.

UNDER NO CIRCUMSTANCES WILL RabbitPair’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO RabbitPair UNDER THIS AGREEMENT FORM DURING THE MONTH IMMEDIATELY PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER RabbitPair HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You shall indemnify and hold harmless RabbitPair and its officers, directors, employees and agents (the “RabbitPair Indemnified Parties”) from and against liabilities, costs, losses, damages, judgments, expenses (including attorneys’ fees and costs of experts and costs of appeals) arising out of or in connection with any and all of the following: (a) any allegation that any of the Applications, Brand Features and Marks or Content infringe, misappropriate or violate any intellectual property right, (b) any violation of this Agreement, including, without limitation, any breach of any representations or warranties contained herein, (c) your provision or distribution of the Application or any Content, (d) your use of any of the RabbitPair Software or receipt of the Services, (e) any activity relating to your account, (f) any violation of a third party app store’s contracts, policies or procedures; or (g) any failure of You to have all necessary rights and licenses.

10. Copyright policies

RabbitPair does not permit infringement of intellectual property rights on its Services. RabbitPair may remove Content if it believes or has reason to believe such Content infringes on another’s copyright. Without prior notice and at any time at its sole discretion, RabbitPair reserves the right to remove any Content, disable your ability to share or upload Content within the Service, or terminate your access to the Service (a) for uploading or sharing such Content in violation of these Terms; or (b) if, under appropriate circumstances, you are determined to be a repeat infringer.

RabbitPair reserves the right in its sole discretion to decide whether your conduct is inappropriate and whether it complies with these Terms for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, etc. RabbitPair may terminate your access for such inappropriate conduct in violation of these Terms of Service at any time and remove any such objectionable Content, without prior notice and at its sole discretion.

If you believe that RabbitPair, or any user of the Services, has violated a copyright, trademark or other right you claim in your work, please contact us pursuant to the U.S. Digital Millennium Copyright Act ("DMCA") at [email protected].

11. General legal terms

a. The Terms constitute the entire legal agreement between you and RabbitPair and govern your use of the Services, and completely replace any prior agreements between you and RabbitPair in relation to the Services.

b. You agree that RabbitPair may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

c. You agree that if RabbitPair does not exercise or enforce any legal right or remedy which is contained in the Terms (or which RabbitPair has the benefit of under any applicable law), this will not be taken to be a waiver of RabbitPair’s rights and that those rights or remedies will still be available to RabbitPair.

d. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

e. The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

12. Changes to Terms

These Terms are subject to occasional revision. We will notify you of any changes to our Terms by posting the new Terms on the Services and updating the "Last Updated" date below. We will also notify you of material changes by sending an email to the email address you have provided to us. For existing Customers and Authorized Users, any changes to these Terms will be effective thirty calendar days following notification of such change, and for new Customers and Authorized Users entering into these Terms after the new "Last Updated" date, these changes will be effective immediately. Continued use of the Services following such changes will indicate your acknowledgement of such changes and agreement to be bound by the updated version of these Terms.

13. Contact Us

If you have any questions about these Terms, please contact us:

By email: [email protected]