Blabber Terms of Service

Last Updated: June 2, 2025

Welcome, and thank you for your interest in Blabber, Inc. (“Blabber,” “we,” or “us”) and our website at www.blabber.tech, along with our related websites, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Blabber regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CHECKING A BOX TO ACCEPT THESE TERMS OF SERVICE (OR BY OTHERWISE INDICATING YOUR ACCEPTANCE) OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING BLABBER’S PRIVACY POLICY (AVAILABLE AT WWW.BLABBER.TECH/PRIVACY) (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND BLABBER’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY BLABBER AND BY YOU TO BE BOUND BY THESE TERMS.

  1. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. You affirm that if you accept these Terms on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms.

  2. Accounts and Registration. To access some features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at security@blabber.tech.

  3. Licenses
    3.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Blabber grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service.

    3.2 License Restrictions. Except, and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

    3.3 Feedback. We respect and appreciate the thoughts and comments from our users.  If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Blabber an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

  4. Ownership; Proprietary Rights.Licenses
    4.1 Ownership. The Service is owned and operated by Blabber. The visual interfaces, graphics, design, compilation, information, marketing and training collateral and materials, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Blabber (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Blabber or its third-party licensors. Except as expressly authorized by Blabber, you may not make use of the Materials. There are no implied licenses in these Terms and Blabber reserves all rights to the Materials not granted expressly in these Terms.

    4.2 Aggregated Data. Blabber shall have the right to collect, use and distribute aggregated information, analysis, statistics, related benchmarking algorithms and other data generated by the Service (or derived from your use of the Service) provided, however, that Blabber shall not disclose any such data unless such data is in an aggregated form that would not permit a third party to identify the data as associated with Blabber or any of its users.

    4.3 Branding. Blabber has the right to include the phrase “Powered by Blabber” or “Blabber” on any consumer-facing communications generated, hosted or delivered by the Service.

    4.4 Publicity. Blabber may disclose to third parties that you are a Blabber customer. Blabber may also include on and in any public or private communications with our existing customers or potential customers, partners, etc. (Blabber’s website, case studies, marketing materials,  and conference presentations and other speaking opportunities) your testimonials and other feedback regarding the Services, as well as your name, website URL, use case, and logo and other marks.

  5. Third-Party Terms
    5.1 Third-Party Services and Linked Websites. Blabber may provide tools through the Service that enable you to export information to third-party services. By using one of these tools, you hereby authorize Blabber to transfer that information to the applicable third-party service. Third-party services are not under Blabber’s control, and, to the fullest extent permitted by law, Blabber is not responsible for any third-party service’s use of your exported information. Any such third-party services are provided “AS-IS” and Blabber makes no warranties with respect to the same. The Service may also contain links to third-party websites. Linked websites are not under Blabber’s control, and Blabber is not responsible for their content. You agree to be bound by any third-party website’s terms of services or other terms related to the use of third-party services.

    5.2 Third-Party Components. The Service may include or incorporate third-party applications and software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses. These Third Party Components are not part of the Services and the Agreement does not apply to them. We cannot guarantee the continued availability of such Service features, and may cease providing them without entitling you to any refund, credit, or other compensation, if for example and without limitation, the provider of a Third Party Component ceases to make the Third Party Component available for interoperation in a manner acceptable to Us. If you choose to use a Third Party Component with a Service, you grant Blabber permission to allow the Third Party Component and its provider to access your data as required for the interoperation of that Third Party Component with the Service. We are not responsible for any use, disclosure, modification or deletion of your data resulting from access by such Third Party Component or its provider.

    5.3 Third-Party Content. ANY THIRD-PARTY CONTENT, SERVICES, WEBSITES, OR THIRD-PARTY COMPONENTS WE MAKE ACCESSIBLE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR, AND HAVE NO OBLIGATION TO CONTROL, MONITOR, OR CORRECT, THIRD-PARTY CONTENT. WE DISCLAIM ALL LIABILITIES ARISING FROM OR RELATED TO THIRD-PARTY CONTENT.

    5.4 When adding third-party services and integrations to your Blabber account, you agree to the billing terms set forth by these third-party vendors. These terms require full payment for the month in which the service is ordered, with subsequent billing on the first of each month. Please note that fees are not refundable.

  6. Referral Specific Terms.
    6.1 Blabber assumes no liability or responsibility of any nature with respect to any referral programs that you may conduct through the Service. Without limitation of the foregoing, Blabber shall have no liability for any failure by you to pay referral fees that are due by you to any third party.

    6.2 Blabber is a distributor, and not a publisher, of any content supplied by any third parties users of the Service.  Blabber does not have editorial control over any such third party content.  Advice, opinions, representations, statements, comments, ratings, criticisms, services or other information or content expressed or made available by third parties (“Third Party Content”) are those of the respective third party author or distributor and not of Blabber, and Blabber does not endorse and expressly disclaims any liability in respect of such Third Party Content.

    6.3 Blabber makes it easy to pay all referrers with one invoice. Once referrers are paid, the funds belong to them, and Blabber cannot remove money from the referrer's PayPal account under any circumstances. You are responsible for ensuring that all settings and rules for tracking and issuing payments are correctly configured to prevent payout mistakes.

    6.4 If a referrer receives an incorrect commission and has been overpaid, Blabber cannot withdraw or adjust funds once they have been deposited in the referrer's PayPal account. Any reimbursement arrangements must be made directly between you and the referrer outside of Blabber's platform. Such reimbursements may be processed through various methods, including PayPal, wire transfer, bank transfer, or check. The original payments records within Blabber will remain unchanged.

    6.5 Automatic Referrer Reward Payments.
    (a) You’ll have seven (7) calendar days to review payments that are due before such payments are automatically processed and funds are released to your referrers (or “referral partners”). During this review period, you may adjust payment amounts, decline payments, place payments on hold, or mark payments as "Paid Externally".
    (b) Any payments with statuses of “APPROVED” or “NEW” will be automatically processed on day 8, after the 7 day review period.
    (c) Payments will be released to referrers once the charge has been successfully processed.

  7. Fees.
    7.1 You shall pay Blabber all fees and/or consideration outlined to you by Blabber in writing (whether on Blabber’s application, website or otherwise). Blabber will charge the fees applicable to you using the credit card associated with your account.

    7.2 Payment for your first full term is due when you subscribe. The term starts when your referral mobile app is live on Google Play and the Apple App Store. App approval may take anywhere from 24 hours to up to two weeks (or longer) and you will receive an email when an app is approved and live on both the Google Play and the Apple App Store. If the app launches mid-month, the first partial month is billed separately on the 1st of the next month, based on actual leads generated, or a prorated minimum commitment, whichever is greater. Your term begins after the end of the prorated partial month.

    7.3 All payments to Blabber shall be in US dollars. If you default on any payment when due, Blabber, at its option and without prejudice to its other lawful remedies, may on notice to you suspend access to and performance of the Service. If any amount due is not received by Blabber by the due date, then without limiting Blabber’s rights or remedies, those charges may accrue late interest at the rate of 1% of the outstanding balance per month, or the maximum rate permitted by applicable law, whichever is lower. For all past due invoices, you agree to pay all costs of collection (including collection agency fees), reasonable attorney fees and court costs.

    7.4 Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder.

    7.5 Credits and Expiration of Credits. All credits purchased (Lead credits & funds for MMS credits) or otherwise obtained by you in connection with your use of the Service are subject to the rules and restrictions hereunder. These credits may not be resold or transferred. Lead credits and MMS credits expire one year from purchase. Please do not purchase credits if you are not able to use them prior to their expiration date, as no refunds or extensions will be given. You may not sell or transfer your credits, or purchase credits except directly from us. If you cancel your subscription and have outstanding, unused credits, the credits will be lost notwithstanding any re-subscription.

  8. Communications
    8.1 Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

  9. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
    9.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;

    9.2 violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

    9.3 access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including, spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Blabber;

    9.4 interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service;

    9.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

    9.6 perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;

    9.7 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 4 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials;

    9.8 use or refer to the Services or Materials to create any services or products that compete with the Services or Materials;

    9.9 make the Services or Materials available to, or use the Services or Materials for the benefit of, anyone other than you;

    9.10 modify, copy or create derivative works based on the Services;

    9.11 disassemble, reverse engineer, or decompile the Services or part thereof;

    9.12 copy any ideas, features, content, functions, user interface or graphics of the Services;

    9.13 use the Service in a way intended to work around the Service’s technical limitations, recurring fees calculation, or usage limits;

    9.14 modify, delete or remove any ownership, title, trademark, patent or copyright notices from the Services;

    9.15 unless otherwise set forth in this Agreement, sell, distribute, rent, lease, sublicense, display, modify, time share, outsource or otherwise provide the Services or Materials to any third party or use it in a service bureau or outsourcing environment;

    9.16 use the Services in violation of this Agreement; or

    9.17 attempt to do any of the acts described in this Section 9 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 9 (Prohibited Conduct).

  10. Your Legal Compliance. You are responsible for complying with all applicable federal, state, and local laws, rules and regulations applicable to you and your use of the Services, such as, without limitation, those related to advertising, electronic communications and solicitations, telemarketing, "do not call" and "do not contact" compliance, call recording, privacy and consumer protection including but not limited to Section 5 of the FTC Act (15 U.S.C. Section 45), the CAN-SPAM Act (15 U.S.C. Sections 7701-7713), the Telemarketing Consumer Fraud and Abuse Prevention Act (15 U.S.C. Sections 1601-1608), the Federal Trade Commission Telemarketing Sales Rule (16 C.F.R. 310.1, et seq.), and the Federal Communications Commission telemarketing regulations (47 C.F.R. 64.1200 et seq.). You bear the sole responsibility for ensuring that proper "unsubscribe", "do not call", "do not contact" and other privacy and consumer protection protocols are in use.

  11. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after we provide notice to you of the revisions through email or prominent notice on our website, unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service.  If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 11 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

  12. Term, Termination, and Modification of the Service
    12.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.2 (Termination).

    12.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms will automatically terminate. In addition, Blabber may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting customer support at support@blabber.tech. Once your subscription is active, you can also make changes to your plan or cancel up to the day before renewal by navigating to app.blabber.tech/dashboard/billings.

    12.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Blabber any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 3.3 (Feedback), 4 (Ownership; Proprietary Rights), 12.3 (Effect of Termination), 13 (Indemnity), 14 (Disclaimers; No Warranties by Blabber), 15 (Limitation of Liability), 16 (General Terms), and 17 (Notice Regarding Apple) will survive. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

    12.4 Modification of the Service; Future Functionality. Blabber reserves the right to modify or discontinue all or any portion of the Service at any time (including, by limiting or discontinuing certain features of the Service), temporarily or permanently, and shall use commercially reasonable efforts to provide notice of the same to you. Blabber will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to, or use of, the Service. You agree that your purchases and fees are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Blabber regarding future functionality or features.

  13. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend, indemnify and hold harmless Blabber, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Blabber Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party, including without limitation with respect to any referral program that you may conduct through the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

  14. Disclaimers; No Warranties by Blabber
    14.1 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BLABBER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BLABBER DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BLABBER DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

    14.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR BLABBER ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE BLABBER ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING, YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

    14.3 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 14 (DISCLAIMERS; NO WARRANTIES BY BLABBER) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. BLABBER DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT BLABBER IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

  15. Limitation of Liability
    15.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BLABBER ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BLABBER ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

    15.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BLABBER ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO BLABBER FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; AND (B) $100. WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL BLABBER BE LIABLE FOR DAMAGES FOR DELAY, NONDELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF BLABBER, ITS EMPLOYEES, AGENTS OR OTHERWISE. THE SOLE REMEDY AGAINST BLABBER FOR SUCH DELAY, NONDELIVERY, NONPAYMENT OR UNDERPAYMENT SHALL BE LIMITED TO REFUND OF THE PAYMENT TRANSACTION AMOUNT PLUS APPLICABLE FEES AND CHARGES, EXCEPT AS OTHERWISE PROVIDED BY LAW.

    15.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  16. General Terms.
    16.1 Governing Law. These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. You and Blabber submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Washington, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

    16.2 Required Third Party Terms.
    (a) Blabber offers the ability for you to operate white labeled mobile application of the Service subject to additional terms and conditions between you and Blabber. As a condition of your white labeling of the Service, you agree to maintain accurate terms and conditions of your white labeled application that comply with all applicable law (“User Terms”). While Blabber may provide template User Terms for your reference, you acknowledge and agree that Blabber makes no representations or warranties about, and assumes no liability with respect to, such Blabber provided User Terms, and your use of such templates is at your own risk. You are solely responsible for ensuring that the Blabber provided User Terms accurately reflect your use of the Services and comply with all laws and regulations applicable to you and your users.
    ‍
    (b) All User Terms made available on or through the white labeled application of the Services must include express language (i) stating that Blabber is the owner of the underlying technology of the application;  (ii) disclaiming all liability of Blabber for the use of the application to the fullest extent permitted by applicable law; (iii) clearly stating that Blabber has no involvement in the financial or referral relationship between you and the end user and assumes no obligations or liabilities with respect thereto; and (iv) requiring all end users to comply with the requirements of Section 9 of these Terms (Prohibited Content).

    16.3 Privacy Policy. Please read the Blabber Privacy Policy (available at https://www.blabber.tech/privacy) (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Blabber Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

    16.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

    16.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

    16.6 Contact Information. The Service is offered by Blabber, Inc., a Washington corporation, with a mailing address at 1100 Bellevue Way Ne Suite 8a, #674, Bellevue, WA 98004-4280. You may contact us by sending correspondence to that address or by emailing us at support@blabber.tech.

    16.7 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

    16.8 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is strictly prohibited, and any such access is a material breach of these Terms.

    16.9 Miscellaneous. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Blabber regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms at any time without notice or consent; provided, however, that we will use commercially reasonable efforts to provide written notice of such assignment. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

  17. Notice Regarding Apple. This Section 17 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Blabber only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple may refund any applicable purchase price for the mobile application to you in accordance with Apple's then-current App Store refund policies. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a State Sponsor of Terrorism; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.