Terms of Service

These Terms of Service ("Terms") govern your access to and use of Cabana's websites, applications, and related services (the "Services"). By using the Services, you agree to these Terms.

Who we are

References to "Cabana," "we," "us," and "our" mean the entity operating the Services. If you access the Services on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" includes the organization.

Accounts and access

You must provide accurate information and keep your credentials secure. You are responsible for activity under your account. If you believe your account has been compromised, notify us promptly. We may suspend or terminate access for violations of these Terms or to protect the Services.

Acceptable use

You agree not to:

• Use the Services in violation of law or third-party rights;
• Attempt to probe, scan, or test the vulnerability of the Services without authorization;
• Interfere with or disrupt the Services or other users;
• Copy, scrape, or reverse engineer the Services except as permitted by law;
• Use the Services to send spam, malware, or misleading communications; or
• Misrepresent your identity or affiliation.

Customer data

Your organization may submit or store data in the Services ("Customer Data"). As between you and Cabana, your organization owns its Customer Data. You grant us a license to host, process, and display Customer Data solely to provide and improve the Services as described in our Privacy Policy and any agreement with your organization.

Third-party services

The Services may integrate with third-party products (for example, Slack or calendar providers). Those services are governed by their own terms and policies; we are not responsible for third-party services.

Intellectual property

Cabana and its licensors retain all rights in the Services, including software, branding, and documentation. Except for the limited right to use the Services under these Terms, no rights are granted to you.

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CABANA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US.

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.

Indemnity

To the extent permitted by law, you will defend and indemnify Cabana and its affiliates, officers, and employees against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your Customer Data, or your violation of these Terms.

Changes

We may modify the Services or these Terms. If we make material changes, we will provide notice as appropriate (for example, by posting an updated version or notifying administrators). Continued use after changes become effective constitutes acceptance of the revised Terms.

Governing law and disputes

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules, unless a different governing law is required by applicable mandatory law. Courts in Delaware (or another forum we specify in an enterprise agreement) have exclusive jurisdiction for disputes, unless otherwise required by law.

Miscellaneous

These Terms constitute the entire agreement between you and Cabana regarding the Services and supersede prior understandings on the same subject. If any provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Contact

For questions about these Terms: hello@cabanapto.com.