The agreement between you and Fabgen when you use this website or engage our services.
These Terms of Service ("Terms") govern your access to and use of the website located at fabgen.ai (the "Site") and any services, content, products, or features made available by Fabgen (collectively, the "Services"). By accessing or using the Site or the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Site or Services.
If you are accepting these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity, in which case "you" and "your" refer to that entity.
Fabgen provides outbound lead generation, sales development, and related advisory services for B2B companies, with a focus on commercial trades, energy, and adjacent verticals. The Site provides information about our Services and may host certain content (including, without limitation, case studies, videos, calculators, and forms).
Specific Services are governed by a separate written engagement agreement, statement of work, or order form executed by Fabgen and the client (a "Service Agreement"). In the event of any conflict between these Terms and a Service Agreement, the Service Agreement controls with respect to the engagement covered by it.
You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Site or Services. The Services are intended for business use and not for consumers.
Subject to these Terms, Fabgen grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your internal business evaluation purposes. You agree not to, and not to permit any third party to:
The Site, the Services, and all related content (including all text, graphics, logos, software, designs, methodologies, processes, frameworks, templates, and other materials) are owned by Fabgen or its licensors and are protected by United States and international intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred or licensed to you. The "Fabgen," "Fabgen.ai," and "Fabgen AI" names and logos are trademarks of ADS Capital LLC. All other trademarks are the property of their respective owners.
If you engage Fabgen to perform Services, the engagement will be documented in a Service Agreement that specifies the scope, deliverables, fees, payment terms, and other operational details. Unless expressly stated otherwise in your Service Agreement:
Unless stated in the Service Agreement, all fees are payable in U.S. dollars, exclusive of any applicable taxes, and are non-refundable.
Each party may disclose to the other confidential or proprietary information in connection with the Site, the Services, or any Service Agreement ("Confidential Information"). Each party agrees to use Confidential Information of the other only as necessary to exercise its rights or perform its obligations and to protect the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information of similar importance, and no less than a reasonable degree of care. Confidential Information does not include information that is or becomes publicly available without breach of these Terms, was independently developed without reference to the disclosing party's Confidential Information, or is required to be disclosed by law (provided the receiving party gives prompt notice where lawful).
The Site and Services may incorporate or link to third-party services (including without limitation Calendly for scheduling, Wistia for video, Google Fonts for typography, and others). Fabgen does not control these third-party services and is not responsible for their content, policies, or practices. Your use of any third-party service is subject to that provider's terms and privacy policy.
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. Fabgen does not warrant that the Site or Services will be uninterrupted, error-free, or completely secure. Any projections, benchmarks, ROI estimates, or forecasts published on the Site (including the ROI calculator) are illustrative, are based on inputs and industry assumptions, and do not constitute a guarantee of any particular outcome.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FABGEN OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, EVEN IF FABGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FABGEN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100), OR (B) THE TOTAL AMOUNT PAID BY YOU TO FABGEN IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Fabgen and its affiliates from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your access to or use of the Site or Services, (b) your breach of these Terms, or (c) your violation of any law or third-party right.
These Terms apply for as long as you access or use the Site or Services. Fabgen may suspend or terminate your access at any time, with or without cause and with or without notice. Sections that by their nature should survive termination will survive (including without limitation Sections 5, 7, 9, 10, 11, 13, and 14).
These Terms are governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Sheridan County, Wyoming for any dispute arising out of or related to these Terms or the Site, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
Fabgen may modify these Terms at any time by posting an updated version on the Site. The "Effective Date" above will reflect the date of the most recent revision. Your continued use of the Site or Services after the Effective Date constitutes acceptance of the modified Terms.
Entire Agreement. These Terms, together with any applicable Service Agreement and the Privacy Policy, constitute the entire agreement between you and Fabgen with respect to the Site and Services and supersede all prior or contemporaneous agreements.
Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
No Waiver. Fabgen's failure to enforce any right or provision will not constitute a waiver of such right or provision.
Assignment. You may not assign these Terms without Fabgen's prior written consent. Fabgen may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Notices. Notices to Fabgen must be sent to ADS Capital LLC, 30 N Gould St, Sheridan, WY 82801, with a copy by email to adrury@fabgen.ai.
For all inquiries regarding these Terms, please contact:
ADS Capital LLC dba Fabgen AI
30 N Gould St
Sheridan, WY 82801
United States
Email: adrury@fabgen.ai