1. The agreement
These Terms of Service ("Terms") are a binding contract between you ("Customer," "you") and Abbax, Inc. ("Abbax," "we," "us"). They govern your access to and use of the Abbax platform, including Hosted VoIP, Cloud Fax, Threads, Roadmap, Insights, Abbax AI, our websites, APIs, and any related services (collectively, the "Services").
By creating an account, clicking "I agree," or using the Services, you accept these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.
Enterprise customers may have a separate signed Master Services Agreement ("MSA") that supersedes these Terms where they conflict.
2. Accounts
- You must be at least 16 years old and capable of entering a binding contract.
- Provide accurate, current information when registering and keep it updated.
- You are responsible for safeguarding credentials and for all activity under your account.
- Notify us immediately at security@abbax.com of any unauthorized access.
- One person or organization per account. Sharing seats among multiple users is not permitted.
3. Subscriptions & billing
3.1 Plans & fees
Paid plans are billed in advance, monthly or annually, in US dollars unless otherwise specified. Current pricing is available at abbax.com/pricing. Per-page fax fees and international calling are billed in arrears based on actual usage.
3.2 Renewals
Subscriptions auto-renew at the end of each term at the then-current rate unless canceled before the renewal date. You can cancel anytime from your workspace settings.
3.3 Refunds
All fees are non-refundable except as required by law. Annual plans canceled mid-term are not pro-rated. We may offer credits at our discretion for service issues we cause.
3.4 Taxes
Fees exclude applicable taxes (VAT, GST, sales tax, telecommunications taxes). You are responsible for paying any taxes that apply to your subscription.
3.5 Late payment
If a payment fails, we may suspend or terminate access after a 14-day grace period and notice. Overdue amounts accrue interest at 1.5% per month or the maximum permitted by law.
4. Free trial
We offer a 14-day free trial of the Team plan. No credit card is required. At the end of the trial, your workspace converts to the free Starter plan unless you choose a paid plan. Trials are limited to one per organization.
5. Acceptable use
You agree not to use the Services to:
- Violate any law, regulation, or third-party right.
- Send unsolicited communications, spam, robocalls, or unauthorized auto-dialed messages.
- Spoof caller ID, transmit fraudulent numbers, or impersonate others.
- Transmit malware, viruses, or harmful code.
- Probe, scan, or test the vulnerability of our systems without written permission.
- Reverse engineer, decompile, or attempt to extract source code.
- Resell, sublicense, or white-label the Services without authorization.
- Send TCPA-regulated marketing calls or texts without proper consent.
- Transmit PHI without a signed Business Associate Agreement.
- Exceed the limits described in our Fair Usage Policy.
We may suspend or terminate accounts that violate these rules. Egregious violations (fraud, illegal robocalling, CSAM) result in immediate termination without refund.
6. Your content
You retain all ownership of content you upload, send, or generate using the Services ("Customer Content"). You grant Abbax a limited, non-exclusive, worldwide license to host, process, transmit, and display Customer Content solely to provide the Services to you.
You are solely responsible for Customer Content and for having all necessary rights and consents to transmit it. We do not monitor Customer Content but may remove content that violates these Terms or applicable law.
Abbax AI: We do not use Customer Content to train base foundation models or any models that benefit other customers. Aggregated, anonymized usage metrics may be used to improve the Services.
7. Our intellectual property
The Services, including all software, designs, trademarks, logos, and documentation, are owned by Abbax and protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription. No other rights are granted.
Feedback you provide about the Services is non-confidential, and we may use it without obligation to you.
8. Third-party integrations
The Services integrate with third-party tools (Slack, GitHub, Salesforce, Epic, etc.). Those tools are governed by their own terms and privacy policies. Abbax is not responsible for third-party services and disclaims any liability for their performance or data practices.
9. Service availability
We target 99.9% uptime for paid plans and 99.99% for Enterprise plans with a written SLA. Scheduled maintenance is announced in advance via our status page. We are not liable for downtime caused by:
- Force majeure events (natural disasters, war, civil unrest).
- Third-party providers, internet backbone outages, or carrier failures.
- Customer-side issues (network, devices, misconfiguration).
- Maintenance windows announced at least 48 hours in advance.
10. Termination
You may cancel at any time. We may suspend or terminate your access if you:
- Materially breach these Terms and fail to cure within 14 days of notice.
- Fail to pay fees after the grace period.
- Use the Services in a way that exposes Abbax to legal or regulatory risk.
Upon termination, your right to use the Services ends immediately. You can export Customer Content for 30 days after termination; after that we may delete it. Sections that by nature should survive (IP, liability, indemnification, disputes) will survive.
11. Warranties & disclaimers
We warrant that we will provide the Services with reasonable care and skill. EXCEPT FOR THIS WARRANTY, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, error-free, or meet your specific requirements.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABBAX'S TOTAL LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE FEES YOU PAID TO ABBAX IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY.
These limits do not apply to: (a) breach of confidentiality obligations, (b) indemnification obligations, (c) infringement of intellectual property rights, or (d) gross negligence or willful misconduct.
13. Indemnification
By you: You will defend and indemnify Abbax against claims arising from (i) your Customer Content, (ii) your use of the Services in violation of these Terms or law, or (iii) your violation of third-party rights.
By Abbax: We will defend and indemnify you against claims that the Services, used as permitted, infringe a third-party intellectual property right, subject to standard exclusions (combinations, modifications, use outside scope).
14. Disputes & arbitration
These Terms are governed by the laws of the State of California, without regard to conflict of laws principles. Disputes will be resolved by binding arbitration administered by JAMS in San Francisco, California, under its Streamlined Arbitration Rules. The arbitrator's decision is final and may be entered in any court of competent jurisdiction.
Class action waiver: Disputes will be resolved on an individual basis only. Class arbitrations, class actions, and representative actions are not permitted.
Exceptions: Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access.
15. General
- Entire agreement — These Terms (plus any signed MSA, DPA, or BAA) are the entire agreement and supersede prior agreements.
- Modifications — We may update these Terms with 30 days' notice for material changes. Continued use after the effective date is acceptance.
- Assignment — You may not assign these Terms without our consent. We may assign in a merger or acquisition.
- Severability — If any provision is unenforceable, the rest remains in effect.
- No waiver — Failure to enforce a provision is not a waiver.
- Notices — Email notices to your account address are effective. Notices to Abbax: legal@abbax.com.