Tabby Terms of use

Last Updated: Nov 12, 2025

Welcome to Tabby! These Terms of Use (“Terms”) constitute a legally binding agreement between you and Spensibly, Inc. (“Tabby,” “we,” “us,” or “our”), operating under the trade name Tabby. These Terms govern your access to and use of Tabby’s website, mobile applications, and AI-powered bookkeeping services (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, ACCESSING, OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

Table of Contents

  1. Definitions
  2. Account Creation and Access
  3. Description of Services
  4. Subscription Plans and Billing
  5. Grant of License
  6. Your Responsibilities
  7. Data Ownership and License
  8. Privacy and Data Protection
  9. Security
  10. Third-Party Integrations and Services
  11. Intellectual Property Rights
  12. Prohibited Conduct
  13. Service Availability and Modifications
  14. Termination and Suspension
  15. Disclaimers
  16. Limitation of Liability
  17. Indemnification
  18. Dispute Resolution and Arbitration
  19. General Provisions
  20. Contact Information

1. Definitions

1.1 “Customer” or “you” means the individual or legal entity that has created an account and subscribed to use the Services.

1.2 “Subscriber” means the person or entity responsible for the subscription account and payment obligations.

1.3 “Invited User” means any person, other than the Subscriber, who has been granted access to use the Services through a subscription.

1.4 “Customer Data” means all data, information, and content that you submit, upload, or transmit through the Services, including financial records, receipts, invoices, and transaction data.

1.5 “Personal Data” means any information relating to an identified or identifiable natural person as defined under applicable data protection laws.

1.6 “Tabby for Accountants” means the specialized version of our Services designed for CPAs, accountants, and accounting firms to manage multiple client accounts.

2. Account Creation and Access

2.1 Eligibility

To use the Services, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Provide accurate, complete, and current information during registration
  • Not be prohibited from using the Services under applicable laws

2.2 Account Registration

When you create an account, you agree to:

  • Provide true, accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your login credentials
  • Notify us immediately of any unauthorized access or security breach
  • Accept responsibility for all activities that occur under your account

2.3 Account Types

  • Individual Accounts: For solopreneurs, freelancers, gig workers, and single business owners
  • Multi-Business Accounts: For users managing multiple business entities
  • Tabby for Accountants: For accounting professionals managing client accounts (subject to additional terms)

2.4 Subscriber and Invited User Roles

The Subscriber has full control over the subscription, including:

  • Managing billing and payment information
  • Inviting and removing users
  • Controlling user access levels and permissions
  • Managing subscription features and settings

As a Subscriber, you are responsible for:

  • All activities of Invited Users under your subscription
  • Resolving disputes with Invited Users regarding access
  • Ensuring Invited Users comply with these Terms

Invited Users must accept these Terms to access the Services and agree to abide by all applicable provisions.

3. Description of Services

3.1 Core Services

Tabby provides AI-powered bookkeeping and financial automation tools, including but not limited to:

  • Automated expense tracking and categorization
  • Invoice generation and management
  • Receipt scanning
  • Bank account connections and transaction syncing
  • Real-time financial insights and dashboards
  • Tax-ready financial reports
  • Multi-business management capabilities
  • Mobile-first bookkeeping solutions

3.2 Tabby for Accountants

Our accountant-focused platform includes:

  • Multi-client management dashboard
  • Team collaboration tools
  • Client onboarding workflows
  • Bank connection magic links
  • Advanced reporting and analytics

3.3 Service Modifications

We reserve the right to:

  • Modify, update, enhance, or discontinue any features or Services at any time
  • Release new features that may be subject to additional fees or terms
  • Conduct scheduled or emergency maintenance that may temporarily limit access

We will make reasonable efforts to notify you of material changes to the Services, but we cannot guarantee advance notice in all circumstances.

4. Subscription Plans and Billing

4.1 Subscription Fees

Access to certain features requires a paid subscription. Subscription fees, billing cycles, and plan details are displayed on our website and during the subscription process.

4.2 Free Trials

We may offer free trial periods for new users. Trial terms, including duration and features available, will be specified when you sign up. If you do not cancel before the trial ends, you authorize us to charge your payment method for the selected subscription plan.

4.3 Payment Authorization

By providing payment information, you:

  • Authorize us to charge your payment method for all subscription fees and applicable taxes
  • Represent that you have the legal right to use the payment method provided
  • Agree to maintain valid and current payment information

4.4 Auto-Renewal

Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. You will be charged the then-current subscription rate, which may differ from your original rate if pricing has changed.

4.5 Price Changes

We reserve the right to modify subscription prices. Price changes will not apply retroactively and will be communicated to you with reasonable advance notice. Your continued use of the Services after the price change becomes effective constitutes acceptance of the new pricing.

4.6 Late Payments

If payment is not received when due:

  • We may suspend your access to the Services after 7 days
  • We may terminate your subscription after 14 days
  • You remain responsible for all outstanding fees
  • You may reactivate your account by paying all outstanding amounts in full

4.7 Taxes

You are responsible for all applicable taxes associated with your use of the Services, including sales tax, VAT, GST, or other transaction taxes. If we are required to collect or remit taxes, they will be charged in addition to the subscription fees unless otherwise stated.

4.8 No Refunds

All subscription fees are non-refundable except as required by law or as expressly stated in these Terms. No refunds or credits will be issued for:

  • Partial subscription periods
  • Unused features or Services
  • Subscriptions terminated by you or by us for breach of these Terms

5. Grant of License

5.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes during your subscription term.

5.2 License Restrictions

You may not:

  • Sublicense, sell, resell, transfer, assign, distribute, or commercially exploit the Services
  • Use the Services to provide outsourced bookkeeping services to third parties without our prior written consent
  • Copy, modify, reverse engineer, decompile, or disassemble any portion of the Services
  • Remove, alter, or obscure any proprietary notices on the Services
  • Use the Services in any manner that competes with Tabby’s business

6. Your Responsibilities

6.1 Accurate Information

You are responsible for:

  • Ensuring all information you provide is accurate, complete, and current
  • Verifying the accuracy of any financial data, reports, or insights generated by the Services
  • Meeting your legal, tax, and compliance obligations based on the information you provide
  • Maintaining proper backup copies of your Customer Data

6.2 Account Security

You must:

  • Use strong, unique passwords that comply with our security requirements
  • Enable multi-factor authentication when available
  • Not share your login credentials with unauthorized parties
  • Immediately notify us of any suspected security breach at support@usetabby.com

6.3 Compliance with Laws

You agree to use the Services in compliance with all applicable federal, state, local, and international laws and regulations.

6.4 Data Accuracy

The accuracy of our AI-powered categorization and financial insights depends on the data you provide. You are responsible for reviewing and verifying all AI-generated categorizations, reports, and financial information before relying on them for business decisions, tax filings, or compliance purposes.

7. Data Ownership and License

7.1 Your Data Ownership

You retain all ownership rights to your Customer Data. We do not claim any ownership rights to the financial information, receipts, invoices, or other data you submit to the Services.

7.2 License to Use Your Data

By using the Services, you grant us a worldwide, non-exclusive, royalty-free license to:

  • Access, use, process, store, and transmit your Customer Data
  • Backup and reproduce your Customer Data to provide the Services
  • Create AI-driven insights and recommendations based on your Customer Data
  • Perform analytics to improve and develop our Services

This license exists solely to enable us to provide, maintain, and improve the Services.

7.3 Anonymized and Aggregated Data

We may create anonymized, de-identified, or aggregated data from Customer Data and usage patterns. Once anonymized, we may use this data for:

  • Improving our Services and developing new features
  • Training AI and machine learning models
  • Conducting research and analytics
  • Identifying industry trends and benchmarks

Anonymized data does not identify you or any individual and may be used for any lawful purpose.

8. Privacy and Data Protection

8.1 Privacy Policy

Our collection, use, and protection of Personal Data is governed by our Privacy Policy, available at https://www.usetabby.com/privacy-policy/. By using the Services, you consent to the practices described in the Privacy Policy.

8.2 Data Processing

When you use the Services, we process Personal Data on your behalf, including information about your customers, suppliers, employees, and contractors. Our data processing practices comply with applicable data protection laws, including GDPR, CCPA, and other relevant regulations.

8.3 Your Data Protection Obligations

When you provide Personal Data of others (such as employees or customers), you represent and warrant that:

  • You have the legal right to share such data with us
  • You have obtained all necessary consents
  • You have provided required privacy notices
  • Your use of the Services complies with applicable data protection laws

8.4 Data Security

We implement industry-standard technical, physical, and administrative safeguards to protect Customer Data. However, no system is completely secure, and we cannot guarantee absolute security. See Section 9 for more details.

8.5 Security Incident Notification

If we become aware of a security incident that affects your Customer Data, we will notify you in accordance with applicable law and our data protection obligations. You may be required to assess whether notification to affected individuals or regulatory authorities is necessary.

9. Security

9.1 Security Measures

We maintain reasonable security measures designed to protect the Services and Customer Data, including:

  • Encryption of data in transit and at rest
  • Regular security assessments and audits
  • Access controls and authentication requirements
  • Network security and monitoring systems
  • Employee training on data security practices

9.2 Security Features

We may offer or require additional security features such as:

  • Multi-factor authentication (MFA)
  • IP address restrictions
  • Session timeout controls
  • Audit logs and activity monitoring

Where security features are optional, you acknowledge that failure to use them may increase security risks, and we are not liable for consequences resulting from your choice not to use available security features.

9.3 Your Security Obligations

You are responsible for:

  • Maintaining the security of your systems, devices, and networks
  • Using strong passwords and enabling available security features
  • Not storing sensitive information (such as credit card numbers, social security numbers, or bank account credentials) in free-form text fields unless explicitly required
  • Promptly reporting any security concerns or unauthorized access

9.4 Bank Connection Security

Bank account connections are facilitated through secure third-party services such as Plaid. These connections use bank-level encryption and security protocols. We do not store your banking credentials.

10. Third-Party Integrations and Services

10.1 Third-Party Services

The Services integrate with various third-party providers, including:

  • Financial institutions (via Plaid)
  • Payment processors (e.g., Stripe)
  • Cloud storage services (AWS)
  • Other financial and business applications

10.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and conditions and privacy policies. You are responsible for reviewing and accepting such terms before connecting to third-party services.

10.3 No Endorsement or Liability

We do not endorse, control, or assume responsibility for any third-party services. We are not liable for:

  • Any acts, omissions, errors, or failures of third-party services
  • Data breaches, security incidents, or other issues with third-party providers
  • Changes to third-party services that affect our integration
  • Fees charged by third-party providers

10.4 Data Sharing

When you connect to third-party services:

  • You authorize us to share your data with such services as necessary
  • You authorize those services to share data with us
  • Data shared is subject to the third party’s privacy policy and data practices

10.5 Referral Fees

Some third-party providers may pay us referral fees, revenue sharing, or other compensation related to your use of their services through our platform. These arrangements do not affect the Services we provide to you.

11. Intellectual Property Rights

11.1 Tabby’s Intellectual Property

We (and our licensors) own all rights, title, and interest in and to:

  • The Services, including all software, technology, and infrastructure
  • The Tabby name, logo, trademarks, and branding
  • All content, documentation, and materials provided through the Services
  • All copyrights, patents, trade secrets, and other intellectual property rights

11.2 Restrictions

You may not:

  • Use our trademarks, logos, or branding without prior written permission
  • Copy, reproduce, or create derivative works from our Services or content
  • Frame, mirror, or otherwise incorporate any part of the Services into another website or application
  • Use any automated tools or bots to access the Services
  • Attempt to extract, scrape, or reverse engineer any portion of the Services

11.3 Feedback

If you provide suggestions, ideas, or feedback about the Services, you grant us an unlimited, perpetual, irrevocable license to use, implement, and commercialize such feedback without compensation or attribution to you.

12. Prohibited Conduct

12.1 Acceptable Use

You agree to use the Services only for lawful business purposes and in compliance with these Terms.

12.2 Prohibited Activities

You may not:

Security and Integrity:

  • Attempt to gain unauthorized access to the Services, other accounts, or systems
  • Introduce viruses, malware, or other malicious code
  • Interfere with, disrupt, or overload the Services or servers
  • Bypass security measures or authentication requirements
  • Conduct security testing or vulnerability scanning without prior written consent

Illegal and Fraudulent Activities:

  • Use the Services to commit fraud, money laundering, or other financial crimes
  • Generate false invoices or manipulate financial records for deceptive purposes
  • Violate anti-money laundering (AML) or know-your-customer (KYC) regulations
  • Facilitate any illegal activity or violation of applicable laws

Misuse of Services:

  • Resell or sublicense access to the Services without authorization
  • Use the Services to provide outsourced bookkeeping to third parties (unless using Tabby for Accountants)
  • Share your account credentials with unauthorized parties
  • Create multiple accounts to circumvent restrictions or fees

Data and Privacy Violations:

  • Upload, transmit, or share data you do not have the right to use
  • Violate the privacy rights of others
  • Use the Services to spam, harass, or send unsolicited communications

Intellectual Property Violations:

  • Infringe on our or any third party’s intellectual property rights
  • Reverse engineer, decompile, or disassemble any part of the Services

Abusive Conduct:

  • Abuse, threaten, or harass Tabby employees, support staff, or other users
  • Use offensive, discriminatory, or inappropriate language in communications

12.3 Fair Use

We expect reasonable use of the Services. Excessive use that degrades system performance or impacts other users may result in throttling, suspension, or additional fees. We will notify you if we determine your usage violates our fair use principles and provide an opportunity to remedy the situation.

12.4 Enforcement

We reserve the right to investigate suspected violations of these Terms and take appropriate action, including suspension or termination of your account, without prior notice if necessary to protect the Services or other users.

13. Service Availability and Modifications

13.1 Service Availability

We strive to maintain 24/7 availability of the Services. However, we do not guarantee uninterrupted or error-free access. The Services may be unavailable due to:

  • Scheduled or emergency maintenance
  • Technical issues or system failures
  • Third-party service interruptions
  • Events beyond our reasonable control

13.2 Scheduled Maintenance

We may perform scheduled maintenance to improve, update, or secure the Services. We will attempt to provide advance notice of planned maintenance when possible, though we cannot guarantee it in all circumstances.

13.3 Service Modifications

We may at any time:

  • Add, modify, or discontinue features of the Services
  • Change how features function or are accessed
  • Release updates or new versions of the Services
  • Limit or eliminate certain functionalities

We will make reasonable efforts to notify you of material changes that significantly affect your use of the Services.

13.4 Data Backup

While we maintain backup systems to protect against data loss, you are responsible for maintaining your own backup copies of Customer Data. We recommend regularly exporting your financial data. See our support documentation for instructions on exporting data.

13.5 No Compensation for Downtime

Except as expressly provided below, we do not provide refunds, credits, or compensation for service interruptions or downtime.

13.6 Service Level Agreement

If the Services experience system-wide downtime exceeding four (4) consecutive hours, you may request compensation by contacting us in writing within twenty-one (21) days. Compensation may be provided at our discretion in the form of a pro-rata refund or account credit for the affected period.

Compensation does not apply to downtime caused by:

  • Scheduled maintenance
  • Your breach of these Terms
  • Third-party service failures
  • Events beyond our reasonable control
  • Your equipment, software, or network issues
  • Your actions or inactions

14. Termination and Suspension

14.1 Termination by You

You may terminate your subscription at any time by:

  • Canceling through your account settings, or
  • Providing written notice to support@usetabby.com

Cancellation takes effect at the end of your current billing cycle. You will continue to have access until that date and remain responsible for all fees through the end of the billing period.

14.2 Termination by Us

We may terminate or suspend your subscription immediately if:

  • You breach any provision of these Terms
  • Your account is used for fraudulent or illegal activities
  • You fail to pay subscription fees within fourteen (14) days of the due date
  • Continued provision of Services would violate applicable law
  • Your use of the Services poses a security risk

We may also terminate your subscription with thirty (30) days’ written notice for any reason or no reason.

14.3 Effect of Termination

Upon termination:

  • Your access to the Services will cease
  • Your license to use the Services will terminate
  • You remain responsible for all fees incurred prior to termination
  • No refunds will be issued except as required by law

14.4 Data Retention After Termination

After termination, your account will be archived. We will retain your Customer Data for a period consistent with our data retention policy and legal obligations, typically ninety (90) days, during which:

  • You may reactivate your subscription by paying all outstanding fees
  • Upon reactivation, you will regain access to your archived data

You may request complete deletion of your data by contacting support@usetabby.com. After the retention period, your data will be permanently deleted from our systems, subject to legal retention requirements.

14.5 Survival

The following provisions survive termination: Sections 7 (Data Ownership and License), 11 (Intellectual Property Rights), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnification), 18 (Dispute Resolution and Arbitration), and 19 (General Provisions).

15. Disclaimers

15.1 “AS IS” AND “AS AVAILABLE” BASIS

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

15.2 DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES REGARDING ACCURACY, RELIABILITY, OR COMPLETENESS OF INFORMATION
  • WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
  • WARRANTIES REGARDING RESULTS OBTAINED FROM USE OF THE SERVICES

15.3 NO PROFESSIONAL ADVICE

TABBY DOES NOT PROVIDE LEGAL, TAX, ACCOUNTING, OR FINANCIAL ADVICE. THE SERVICES ARE INFORMATIONAL AND AUTOMATION TOOLS ONLY. YOU ARE SOLELY RESPONSIBLE FOR:

  • Consulting with qualified professionals regarding your financial, tax, and legal matters
  • Verifying the accuracy of AI-generated categorizations and reports
  • Ensuring compliance with applicable tax laws and regulations
  • Making business and financial decisions based on your own judgment and professional advice

15.4 AI-GENERATED CONTENT

Our AI-powered features provide automated categorization, insights, and recommendations. While designed to be helpful, AI outputs may contain errors, inaccuracies, or omissions. You must review and verify all AI-generated information before relying on it.

15.5 Third-Party Services

We disclaim all responsibility and liability for the performance, accuracy, security, or availability of third-party services integrated with or accessed through our Services.

15.6 Non-Excludable Rights

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions may not apply to you, and you may have additional statutory rights.

16. Limitation of Liability

16.1 LIMITATION OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TABBY, ITS AFFILIATES, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR:

Indirect and Consequential Damages:

  • INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES
  • LOSS OF PROFITS, REVENUE, OR ANTICIPATED SAVINGS
  • LOSS OF DATA OR BUSINESS OPPORTUNITIES
  • LOSS OF GOODWILL OR REPUTATION
  • BUSINESS INTERRUPTION
  • COST OF SUBSTITUTE SERVICES
  • TAX PENALTIES OR LEGAL LIABILITY ARISING FROM RELIANCE ON THE SERVICES

WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 AGGREGATE LIABILITY CAP

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

  • THE TOTAL FEES PAID BY YOU IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR
  • ONE HUNDRED DOLLARS ($100)

16.3 ESSENTIAL PURPOSE

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16.4 ALLOCATION OF RISK

THE LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION REFLECT AN AGREED-UPON ALLOCATION OF RISK BETWEEN YOU AND TABBY. THE PRICING OF THE SERVICES REFLECTS THESE LIMITATIONS. WE WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS.

16.5 EXCEPTIONS

THESE LIMITATIONS DO NOT APPLY TO:

  • Death or personal injury caused by our gross negligence or willful misconduct
  • Fraud or fraudulent misrepresentation
  • Violations that cannot be limited under applicable law
  • Your indemnification obligations under Section 17

16.6 JURISDICTIONAL VARIATIONS

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

17. Indemnification

17.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Tabby, Spensibly, Inc., and our affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to:

  • Your use or misuse of the Services
  • Your Customer Data, including any claims that your Customer Data infringes or violates any third-party rights
  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your negligence or willful misconduct
  • Any disputes with Invited Users or third parties regarding your subscription

17.2 Defense and Settlement

If we request that you defend us in a claim subject to indemnification:

  • We have the right to approve counsel you select
  • We may participate in the defense at your expense
  • You may not settle any claim without our prior written consent

We reserve the right to assume exclusive control of the defense and settlement of any claim at any time.

17.3 Cooperation

You agree to cooperate fully with us in the defense of any indemnifiable claim and to provide all information and assistance we reasonably request.

18. Dispute Resolution and Arbitration

18.1 Informal Resolution

Before initiating arbitration or litigation, you agree to first attempt to resolve any dispute informally by contacting us at support@usetabby.com. We will attempt to resolve the dispute through good-faith negotiations for at least sixty (60) days.

18.2 Binding Arbitration

If we cannot resolve the dispute informally, you and Tabby agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules.

18.3 Arbitration Procedures

  • Location: Arbitration shall take place in New York, New York, or another mutually agreed location.
  • Arbitrator: The arbitration shall be conducted before a single neutral arbitrator selected in accordance with AAA rules.
  • Language: The arbitration shall be conducted in English.
  • Discovery: The arbitrator may permit reasonable discovery as necessary for a fair hearing.
  • Hearing: The hearing shall not exceed two (2) days unless the arbitrator determines additional time is necessary.
  • Award: The arbitrator shall render a written decision within one hundred twenty (120) days of the demand for arbitration.
  • Costs: Each party shall bear its own costs and fees, unless the arbitrator awards costs to the prevailing party as permitted by law.

18.4 Arbitrator’s Authority

The arbitrator may award any relief that would be available in court under applicable law, including injunctive or declaratory relief, but may not award damages excluded by these Terms. The arbitrator’s decision is final and binding and may be enforced in any court of competent jurisdiction.

18.5 Class Action Waiver

YOU AND TABBY AGREE THAT DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU AND TABBY WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. NO ARBITRATION SHALL BE CONSOLIDATED WITH ANY OTHER ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL PARTIES.

18.6 Exceptions to Arbitration

Notwithstanding the above, either party may:

  • Seek injunctive or equitable relief in court to prevent irreparable harm
  • Pursue claims in small claims court if they qualify
  • Seek relief in court where exclusive jurisdiction cannot be waived under applicable law

18.7 Opt-Out Right

You have the right to opt out of this arbitration agreement by sending written notice to Tabby at the address provided in Section 20 within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you and Tabby agree to resolve disputes through litigation in accordance with Section 18.8.

18.8 Governing Law and Venue

These Terms are governed by the laws of the State of New York, United States, without regard to its conflict of law principles. If arbitration does not apply or you opt out, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Bronx County, New York.

18.9 Severability

If any portion of this dispute resolution provision is found to be unenforceable, the remainder shall continue in effect. If the class action waiver is found to be unenforceable, the entire arbitration provision (but not the remainder of these Terms) shall be void, and disputes shall be resolved in court.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and Tabby regarding the Services and supersede all prior agreements, understandings, and communications.

19.2 Amendment of Terms

We may modify these Terms at any time. If we make material changes, we will provide notice through:

  • Email to the address associated with your account
  • A notification within the Services
  • A prominent notice on our website

Changes become effective immediately for new users and upon your continued use of the Services after notice is provided. If you do not agree to the modified Terms, you must stop using the Services and may terminate your subscription.

19.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative of Tabby.

19.4 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

19.5 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision is void. We may freely assign these Terms, including in connection with a merger, acquisition, reorganization, or sale of assets, with notice to you.

19.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated herein. No third party may enforce any provision of these Terms.

19.7 Independent Contractors

You and Tabby are independent contractors. These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship between the parties.

19.8 Force Majeure

We are not liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or other similar events.

19.9 Export Controls

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or sanctions. You may not use the Services if you are prohibited from receiving U.S. exports.

19.10 Government Use

If you are a U.S. government entity, the Services constitute “commercial computer software” and “commercial computer software documentation” as defined in FAR 12.212 and DFARS 227.7202. Use, reproduction, and disclosure are subject to these Terms.

19.11 Electronic Communications

By using the Services, you consent to receive electronic communications from us, including emails, notifications, and messages posted within the Services. You agree that all agreements, notices, and communications provided electronically satisfy any legal requirement that such communications be in writing.

19.12 Notices

All notices to Tabby must be sent to:

Spensibly, Inc. DBA Tabby
 2153 Westchester Ave Suite 200
Bronx, NY 10462
Email: support@usetabby.com

Notices to you will be sent to the email address associated with your account. It is your responsibility to maintain a current email address.

19.13 Language

These Terms are drafted in English. Any translation is provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

19.14 Headings

Section headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

19.15 Interpretation

Words such as “including,” “includes,” and “such as” are not limiting and mean “including without limitation.” References to “days” mean calendar days unless otherwise specified.

20. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Services, please contact us:

Spensibly, Inc. DBA Tabby
2153 Westchester Ave Suite 200
Bronx, NY 10462, United States

Email: support@usetabby.com
Website: https://www.usetabby.com

For privacy-related inquiries, please refer to our Privacy Policy or contact us at the email address above.

By using Tabby’s Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

Last Updated: Nov 12, 2025