1. Agreement; incorporated terms
By accessing or using Aballel, creating an account, clicking to accept, purchasing a subscription, connecting an integration, publishing a hosted asset, or using any output from the Services, you agree to these Terms.
These Terms incorporate by reference the Aballel Subscription Terms, Privacy Policy, Cookie Policy, Acceptable Use Policy, DMCA Policy, any applicable Data Processing Addendum, any checkout terms, order form, written offer, statement of work, or other written agreement between you and Aballel. If there is a conflict, the signed order form or written agreement controls for that order, then the Data Processing Addendum for Customer Personal Data, then the Subscription Terms, then these Terms, then the other policies.
If you use Aballel on behalf of a company, agency, client, or other organization, you represent that you have authority to bind that organization. In that case, "you" means both you and that organization, and the organization is responsible for all users, content, data, campaigns, fees, and activity under the account.
2. Definitions
"Authorized User" means any employee, contractor, agency, client, administrator, collaborator, or other person you invite, authorize, or allow to access your account or workspace.
"Customer Content" means content, copy, images, videos, files, brand materials, prompts, instructions, lead magnets, offers, landing pages, emails, forms, scripts, ads, URLs, templates, products, services, business information, and other materials submitted to, generated in, hosted by, or used with Aballel by or for you.
"Customer Data" means Customer Content plus lead, prospect, visitor, customer, subscriber, audience, analytics, event, tracking, contact, and campaign data submitted to, collected through, or processed in your Aballel account or hosted assets.
"Customer Personal Data" means Customer Data that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to an identified or identifiable person or household.
"End User" means a prospect, lead, subscriber, visitor, customer, recipient, audience member, or other third party who interacts with your campaigns, hosted assets, emails, forms, pages, automations, or integrations.
"Hosted Asset" means any landing page, lead magnet, form, funnel, survey, file, email flow, campaign page, tracking script, or similar asset hosted, routed, generated, or made available through Aballel.
"Output" means any draft, copy, recommendation, page, email, strategy, audience, experiment, score, summary, prediction, analytics, image, text, template, workflow, or other material generated or suggested by Aballel, including AI-assisted material.
"Services" means Aballel websites, software, tools, APIs, hosted assets, AI-assisted features, workspaces, analytics, integrations, support, and related services.
3. Eligibility; business use
Aballel is intended for business use. You must be at least 18 years old and legally able to enter into contracts. You may not use Aballel if you are barred from doing so under applicable law, sanctions rules, export rules, or these Terms.
You are responsible for ensuring that your use of Aballel is lawful in every jurisdiction where you, your users, your customers, your prospects, or your campaigns operate or are targeted.
4. Accounts, administrators, and security
You must provide accurate account, billing, business, product, compliance, and campaign information and keep it current. You are responsible for all activity under your account, including actions by Authorized Users and anyone who gains access through your credentials or systems.
You must maintain the confidentiality of credentials, enable reasonable account-security measures, promptly revoke access for personnel who no longer need access, and notify Aballel promptly of suspected unauthorized access, security incidents, or misuse.
Aballel may treat instructions from your account owner, administrator, billing contact, or Authorized User as authorized by you. Aballel is not responsible for losses caused by unauthorized access resulting from your failure to secure credentials, devices, networks, integrations, or user permissions.
5. Customer Content, hosted assets, and campaign responsibility
You are the publisher, speaker, advertiser, sender, controller, business, merchant, offer owner, and party responsible for your Customer Content, Customer Data, Hosted Assets, emails, lead magnets, follow-up workflows, integrations, tracking choices, and campaigns. Aballel provides tools and hosting infrastructure, but Aballel does not approve, endorse, verify, substantiate, or assume responsibility for your content or campaigns.
You are solely responsible for reviewing, approving, rejecting, editing, publishing, unpublishing, testing, monitoring, updating, and disabling every campaign, Hosted Asset, email, ad, claim, offer, disclosure, opt-in, consent mechanism, lead magnet, recommendation, and Output before and after use.
You are responsible for ensuring that your Hosted Assets and communications include all notices, disclosures, policies, consents, unsubscribe mechanisms, accessibility features, age gates, substantiation, and other requirements applicable to your business, industry, offer, platform, audience, and jurisdictions. This includes privacy notices, cookie notices, promotional terms, refund terms, required advertising disclosures, endorsement disclosures, physical mailing addresses where required for email, and opt-out mechanisms where required for email, SMS, cookies, targeted advertising, or other tracking.
You may not state or imply that Aballel endorses, guarantees, sponsors, verifies, approves, or is responsible for your Customer Content, offer, product, service, claims, customers, campaigns, or business results.
6. License to operate, secure, and improve the Services
You retain ownership of Customer Content and Customer Data, subject to the rights granted in these Terms.
You grant Aballel a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, cache, reproduce, copy, display, perform, transmit, distribute, reformat, modify, translate, create derivative works from, access, monitor, review, analyze, transform, process, and otherwise use Customer Content, Customer Data, account information, business information, brand materials, inputs, Outputs, and user interactions to:
- provide, host, operate, maintain, secure, debug, support, administer, and enforce the Services;
- generate, personalize, test, optimize, and deliver Outputs, workflows, hosted assets, analytics, and recommendations;
- operate integrations, payment processing, email delivery, hosting, AI processing, analytics, infrastructure, and support;
- detect and prevent spam, fraud, abuse, security incidents, platform evasion, policy violations, and unlawful activity;
- comply with law, legal process, and valid requests from authorities;
- analyze, improve, and develop Aballel products, services, models, features, reporting, and performance; and
- create, use, and retain aggregated, anonymized, or deidentified information that does not identify you or End Users.
You understand that Aballel personnel, contractors, vendors, automated systems, and AI or infrastructure providers may access, view, sample, moderate, log, analyze, and process Customer Content and Customer Data for the purposes described above and in the Privacy Policy and Data Processing Addendum.
Aballel will not sell Customer End-User Data for money, use Customer End-User Data to independently market to those End Users, or disclose Customer End-User Data except as described in the Privacy Policy, Data Processing Addendum, these Terms, or your instructions. Customer-enabled integrations may send Customer Data to the third-party platforms, ad networks, analytics tools, CRMs, email tools, or other services you select or enable.
You represent and warrant that you have all rights, licenses, permissions, consents, notices, and lawful bases needed to submit Customer Content and Customer Data to Aballel and to grant the rights in these Terms.
7. Customer Data and End Users
As between you and Aballel, you control your Customer Data. You are responsible for the relationship with your End Users, including providing legally sufficient privacy notices, cookie notices, consent requests, promotional terms, opt-out mechanisms, and responses to data-rights requests.
Aballel may provide tools to help you collect, store, segment, score, analyze, export, delete, or use Customer Data, but you are responsible for determining whether and how to use those tools lawfully. Aballel is not responsible for your failure to configure the Services properly, connect integrations lawfully, disable tracking where required, honor End-User choices, remove unlawful content, or provide required notices.
Unless Aballel has signed a written agreement authorizing the specific use case, you may not submit sensitive personal information, protected health information, payment card data, government identifiers, financial account numbers, precise geolocation, biometric data, children's data, or other regulated or high-risk data to Aballel.
8. AI-assisted features and Outputs
Aballel may use artificial intelligence, machine learning, automation, rules engines, analytics, and third-party model providers to generate drafts, copy, landing pages, lead magnets, recommendations, predictions, scoring, audiences, experiments, summaries, automations, emails, and other Outputs.
Outputs may be inaccurate, incomplete, offensive, biased, outdated, noncompliant, duplicative, infringing, unsuitable, or unsafe for your industry, offer, audience, jurisdiction, or platform rules. Outputs are not legal, advertising, tax, financial, medical, compliance, or other professional advice. You must independently review, test, verify, substantiate, and approve Outputs before relying on, publishing, sending, or using them.
Outputs are non-exclusive. Similar or identical Outputs may be generated for other users. Aballel does not guarantee that Outputs are protectable by intellectual property rights, non-infringing, unique, accurate, compliant, or suitable for your purpose.
To the extent Aballel has rights in an Output generated specifically for you through your paid use of the Services, Aballel grants or assigns to you its right, title, and interest in that Output, subject to these Terms, third-party rights, model-provider restrictions, open-source or platform terms, and your compliance with applicable law. This does not transfer Aballel technology, templates, systems, workflows, prompts, analytics, models, know-how, or service components.
9. Marketing, email, SMS, and platform compliance
You are responsible for all marketing and communications laws and platform rules that apply to your campaigns, including requirements for truthful and substantiated advertising claims, endorsements, testimonials, reviews, native advertising, email, SMS, calls, cookie consent, tracking, targeting, privacy, data rights, sweepstakes, regulated products, and industry-specific disclosures.
You are responsible for email opt-ins, unsubscribe links, sender identity, physical address disclosures, suppression lists, list hygiene, deliverability practices, and honoring opt-outs. You are responsible for SMS/call consent, quiet hours, required disclosures, opt-out keywords, and suppression obligations if you use SMS, calling, or messaging features or integrations.
Aballel does not guarantee ad approval, platform compliance, deliverability, inbox placement, sender reputation, search ranking, conversion tracking, attribution accuracy, or uninterrupted access to any third-party platform.
10. Acceptable Use
You must comply with the Aballel Acceptable Use Policy, applicable laws, advertising and platform policies, privacy obligations, intellectual property rights, consumer protection rules, industry rules, and contractual obligations.
You may not use Aballel to deceive, defraud, spam, harass, infringe, unlawfully discriminate, manipulate reviews, collect restricted data without authorization, evade platform enforcement, bypass consent requirements, create unlawful campaigns, facilitate harmful conduct, or violate the rights of others.
11. Third-party services and integrations
Aballel may connect to or rely on third-party services, including AI model providers, hosting providers, storage providers, infrastructure services, security tools, payment processors, analytics vendors, email providers, SMS providers, ad networks, CRMs, domain/DNS providers, customer websites, and other integrations.
When you connect, enable, or use a third-party service, you authorize Aballel to access, exchange, process, and transmit data with that service as needed for the integration. Third-party services are governed by their own terms, policies, settings, fees, and data practices. Aballel is not responsible for third-party services, outages, errors, policy decisions, account suspensions, rejected ads, rejected emails, tracking failures, data loss, changes, security incidents, or data handled by those third parties outside Aballel's control.
12. Service changes, monitoring, and beta features
Aballel may add, remove, suspend, modify, throttle, replace, or discontinue features, plans, vendors, models, credits, workflows, templates, analytics, integrations, usage limits, or infrastructure at any time, subject to applicable subscription terms.
Aballel may monitor use of the Services to operate, secure, improve, enforce, and protect the Services and to detect abuse, security risks, platform risk, legal risk, or policy violations.
Beta, experimental, preview, early-access, or free features are provided as-is, may be changed or discontinued at any time, may not be supported, and may be subject to additional terms or limits.
13. Professional services and support
Any onboarding, implementation, consulting, strategy, office hours, support, migration help, templates, recommendations, or similar assistance is provided for operational convenience only. Aballel does not provide legal, tax, accounting, financial, medical, advertising-clearance, regulatory, or professional compliance advice.
You remain solely responsible for reviewing and approving all deliverables, configurations, recommendations, and Outputs from any Aballel personnel, contractor, or system.
14. Aballel intellectual property
Aballel and its licensors own the Services, software, workflows, interfaces, dashboards, code, models, prompts, templates, algorithms, databases, analytics, documentation, designs, trade names, trademarks, service marks, know-how, and other technology and intellectual property used to provide the Services.
Subject to these Terms and your paid plan, Aballel grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services during your subscription for your internal business purposes and approved customer campaigns.
You may not copy, modify, reverse engineer, scrape, rent, sell, resell, lease, sublicense, white-label, frame, mirror, benchmark, build a competing service from, or otherwise exploit the Services except as expressly permitted in writing by Aballel.
15. Feedback and publicity
You grant Aballel a perpetual, irrevocable, worldwide, royalty-free right to use feedback, suggestions, ideas, requests, and recommendations without restriction or compensation.
Unless you notify us in writing that you object, Aballel may identify your business name and logo in customer lists, marketing materials, and investor or business presentations. Aballel will not publish a detailed case study using your confidential information without your consent.
16. Confidentiality
Each party may receive nonpublic information from the other that is marked confidential or reasonably should be understood to be confidential. The receiving party will use reasonable care to protect confidential information and will use it only for purposes related to the Services, except as authorized by the disclosing party, required by law, or permitted by these Terms.
Confidential information does not include information that is publicly available without breach, independently developed without use of the disclosing party's confidential information, rightfully received from a third party without confidentiality obligations, or approved for release.
17. Fees, taxes, and payment
Paid plans, renewals, cancellations, refunds, plan changes, usage limits, credits, trials, promotional benefits, and billing details are governed by the checkout, order, offer, plan, and Aballel Subscription Terms presented to you. You are responsible for fees, taxes, overages, collection costs, and payment-method charges associated with your account.
18. Suspension and termination
Aballel may suspend, restrict, throttle, disable, remove, archive, or terminate access to the Services, Hosted Assets, campaigns, integrations, Customer Content, Customer Data, or accounts if Aballel believes your use creates legal, security, privacy, platform, reputational, operational, payment, vendor, deliverability, abuse, or public-harm risk; violates these Terms or the Acceptable Use Policy; or may harm Aballel, users, vendors, third parties, or the public.
Where reasonable, Aballel may provide notice and an opportunity to cure, but Aballel is not required to do so if prompt action is appropriate. You remain responsible for fees incurred before termination or suspension.
Upon termination, your right to access and use the Services ends. Aballel may retain, delete, archive, or export Customer Data according to the Privacy Policy, Data Processing Addendum, plan terms, and applicable law. Sections that by their nature should survive termination survive, including payment obligations, licenses needed for post-termination processing, intellectual property, confidentiality, disclaimers, liability limits, indemnity, dispute terms, and miscellaneous provisions.
19. Disclaimers
Aballel is provided "as is" and "as available." To the fullest extent permitted by law, Aballel disclaims all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, uninterrupted operation, error-free operation, deliverability, data preservation, and results.
Aballel does not warrant that the Services, Outputs, workflows, Hosted Assets, integrations, analytics, experiments, recommendations, or third-party services will meet your requirements, be accurate, be compliant, be secure, be uninterrupted, be error-free, be free of harmful components, or produce any particular business result.
Aballel does not guarantee leads, conversions, sales, revenue, profit, ad approval, deliverability, inbox placement, search ranking, attribution accuracy, platform availability, model accuracy, optimization performance, or any business outcome. Any examples, estimates, benchmarks, credits, bonuses, or projections are illustrative only unless a specific written guarantee is included in the offer terms that apply to your purchase.
20. Limitation of liability
To the fullest extent permitted by law, Aballel and its owners, officers, employees, contractors, vendors, licensors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, punitive, enhanced, lost-profit, lost-revenue, lost-data, business-interruption, reputational, advertising, platform, deliverability, procurement, replacement-service, or goodwill damages, even if advised of the possibility of those damages.
To the fullest extent permitted by law, Aballel's total liability for all claims related to the Services, these Terms, Customer Content, Customer Data, Outputs, Hosted Assets, subscriptions, support, or third-party services will not exceed the greater of $100 or the amounts you paid to Aballel for the specific paid Service giving rise to the claim during the three months before the event giving rise to liability.
The limitations in this section apply to all theories of liability, including contract, tort, negligence, strict liability, warranty, statute, and otherwise, and apply even if a limited remedy fails of its essential purpose. Nothing in these Terms limits liability that cannot legally be limited.
21. Indemnification
You will defend, indemnify, and hold harmless Aballel and its owners, officers, employees, contractors, vendors, licensors, and affiliates from and against any claims, demands, investigations, actions, damages, liabilities, fines, penalties, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
- Customer Content, Customer Data, Hosted Assets, campaigns, products, services, offers, claims, testimonials, reviews, endorsements, landing pages, emails, SMS messages, calls, automations, lead magnets, or communications;
- your users, customers, prospects, End Users, clients, vendors, or third-party platforms;
- your use of Outputs or decisions to publish, send, rely on, or act on Outputs;
- your violation of these Terms, the Acceptable Use Policy, or applicable law;
- alleged infringement, misappropriation, defamation, privacy violation, publicity-right violation, consumer-protection violation, advertising violation, email/SMS violation, data-protection violation, or platform-policy violation;
- your instructions, configurations, integrations, consents, notices, suppression practices, targeting, or tracking choices; or
- disputes between you and your customers, prospects, End Users, partners, agencies, clients, or third-party services.
Aballel may control the defense of any indemnified matter at your expense if Aballel reasonably determines that you are not adequately defending the matter or that the matter could materially affect Aballel. You may not settle any indemnified claim in a way that imposes obligations on Aballel, admits fault by Aballel, or restricts Aballel without Aballel's written consent.
22. Governing law, venue, class waiver, and jury waiver
These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law rules.
Before filing a formal claim, you agree to contact Aballel at zack@aballel.com and provide a reasonable description of the dispute so the parties can try to resolve it informally. If the dispute is not resolved within 30 days, either party may bring an individual claim in the state courts located in or serving Weld County, Colorado, or, if federal jurisdiction exists, in the United States District Court for the District of Colorado, unless applicable law requires another forum.
To the fullest extent permitted by law, disputes must be brought only on an individual basis. You and Aballel waive the right to participate in a class action, collective action, consolidated action, private attorney general action, or other representative proceeding. To the fullest extent permitted by law, you and Aballel waive the right to a jury trial.
Nothing in this section prevents either party from seeking injunctive, equitable, or emergency relief for misuse of intellectual property, confidential information, security systems, credentials, Customer Data, or the Services in any appropriate court.
Any claim related to the Services or these Terms must be filed within one year after the claim arose, unless a longer period is required by law.
23. Changes to these Terms
Aballel may update these Terms from time to time. Updated Terms will be posted with an updated effective date. Material changes will apply prospectively unless required by law or necessary for security, legal, operational, or abuse-prevention reasons. Your continued use of the Services after updated Terms become effective means you accept the updated Terms.
24. Miscellaneous
You may not assign or transfer these Terms or your account without Aballel's written consent. Aballel may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, corporate transaction, or by operation of law.
Aballel is not liable for delays or failures caused by events beyond its reasonable control, including outages, labor disputes, supply-chain issues, vendor failures, internet failures, cyberattacks, war, terrorism, governmental action, natural disasters, power failures, or other force majeure events.
If any provision of these Terms is unenforceable, the rest remains in effect. Aballel's failure to enforce a provision is not a waiver. These Terms do not create a partnership, joint venture, employment, fiduciary, agency, franchise, or exclusive relationship between you and Aballel.
Contact
Pivotal Retention LLC dba Aballel 6509 Dry Fork Cir. Frederick, CO 80516 Email: zack@aballel.com Phone: +1 (615) 439-7615
© 2026 Pivotal Retention LLC dba Aballel. All rights reserved.