Terms and Conditions for AskSaba Service
Effective Date: 22.04.2025
Important Safety Notice
DO NOT USE THE ASKSABA SERVICE IF YOU ARE EXPERIENCING A PHYSICAL OR MENTAL HEALTH EMERGENCY, HAVE THOUGHTS OF SUICIDE, INTEND TO HARM YOURSELF OR OTHERS, OR BELIEVE YOU OR SOMEONE ELSE MAY BE IN DANGER. IN ANY EMERGENCY, IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES OR RELEVANT AUTHORITIES AND SEEK IN-PERSON ASSISTANCE. IF YOU ARE IN CRISIS OR NEED URGENT HELP, PLEASE CONTACT A CRISIS HOTLINE OR EMERGENCY NUMBER IN YOUR AREA.
Terms of Use
These Terms of Use (“Terms”) constitute an agreement between you and AskSaba. AskSaba provides a digital platform and application (“Service”) that offers informational support and guidance related to child health and developmental concerns. These Terms govern your use of our Service.
By clicking “I accept,” “I agree,” or otherwise accessing or using our Service, you agree to comply with these Terms. If you disagree with these Terms, you are prohibited from using the Service.
1. General Provisions
ASKSABA IS NOT A HEALTHCARE PROVIDER. AskSaba does not directly provide healthcare services, diagnoses, or treatments. Our Service offers a technological platform to assist you in managing child-related behavior information, accessing educational materials, and facilitating communication with healthcare providers. By interacting with healthcare providers via AskSaba, you acknowledge that no provider-patient relationship is formed between you and AskSaba. All decisions related to diagnosis, treatment, or care are exclusively between you and your healthcare provider.
The Service is intended solely for informational purposes and does not provide clinical diagnosis, official documentation, or legally required approvals.
The Platform is subject to continuous improvement and development. AskSaba reserves the right, at its sole discretion, to modify, pause, or discontinue the Platform or any of its features, at any time and without prior notice. You agree that AskSaba will not be liable to you or any third party for modifications, suspensions, or termination of any part of the Platform.
EXCEPT WHEN YOU RECEIVE INFORMATION DIRECTLY FROM YOUR PROVIDER RELATING SPECIFICALLY TO YOUR OR YOUR CHILD’S CONDITION OR CIRCUMSTANCES, ALL CONTENT PROVIDED THROUGH ASKSABA IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. IT SHOULD NOT REPLACE PROFESSIONAL MEDICAL OR MENTAL HEALTH CONSULTATION, DIAGNOSIS, OR TREATMENT. ALWAYS CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL REGARDING PERSONALIZED CARE, DIAGNOSIS, AND APPROPRIATE TREATMENTS OR MEDICATIONS. NEVER DELAY OR DISREGARD SEEKING PROFESSIONAL IN-PERSON HEALTHCARE BASED ON INFORMATION PROVIDED THROUGH THIS PLATFORM.
Use of AI Features
The AskSaba Platform includes AI-powered tools, including a conversational assistant designed to support parents, caregivers, and clinicians with activities, education, and insights aligned with child development best practices and your Provider’s guidance. These AI tools may process user-submitted information (“User Information”) to generate outputs (“AI Responses”)—such as suggestions, summaries, or next steps—but they do not diagnose, treat, or make medical decisions of any kind. The AI is not a substitute for professional medical, developmental, or mental health advice, diagnosis, or treatment.
AI Responses are generated through advanced machine learning models and are intended for informational and supportive use only. They are not independently verified or guaranteed to be accurate, complete, or applicable to your specific case, and should not be considered official clinical guidance from AskSaba or any affiliated healthcare provider. You are responsible for evaluating the relevance and accuracy of all AI Responses and should always consult a qualified health professional for any concerns about your or your child’s health, development, or safety.
The warranty disclaimers and limitations of liability outlined in these Terms fully apply to all AI tools on the Platform.
You agree not to misuse or attempt to manipulate the AI tools in any way, including attempting to bypass built-in restrictions (e.g., through prompt injection techniques) to generate harmful, misleading, or unsafe outputs.
Eligibility
The AskSaba Platform is intended for use by parents, guardians, or caregivers who are 18 years of age or older. By accessing or using the Platform, you represent and warrant that you meet the eligibility requirements described below and accept full responsibility for the information you submit, including any information related to a child in your care.
By registering for an account, or by accessing and using the Platform, you confirm that:
You are at least 18 years old and legally authorized to enter into and form contracts under applicable law;
You are the parent or legal guardian of the child whose information you may submit, or you have full legal authority and responsibility to provide such information;
You accept full responsibility for the accuracy, appropriateness, and lawfulness of any personal or health-related information you share about your child;
The registration and profile information you provide (“Registration Data”) is true, accurate, current, and complete;
You will promptly update your Registration Data to ensure it remains accurate and complete, either directly through the Platform or by contacting AskSaba support;
You reside in or are physically located in the country or region you list when creating your user account;
You agree to be bound by these Terms and to use the Platform in accordance with all applicable laws and regulations.
Meeting the eligibility requirements does not guarantee access to the AskSaba Platform or services. AskSaba reserves the right to modify eligibility criteria, suspend access, or implement additional conditions at its sole discretion, without prior notice.
DO NOT USE THE PLATFORM WHERE IT IS PROHIBITED BY LAW. You understand that your use of AskSaba may involve the transmission of significant amounts of data. You are solely responsible for any data charges or connectivity costs incurred as a result of using the Platform, including those from your wireless provider or internet service provider.
Please review our to understand how AskSaba collects, uses, stores, and protects personal and child-related information. By using the Platform, you acknowledge and agree to the handling of your and your child’s information as described in our Privacy Policy.
Support
For any technical questions, account issues, or general support related to the AskSaba Platform, you may contact our support team at info @asksaba.com. By requesting or receiving support, you acknowledge and agree that AskSaba may access your user account and related data as necessary to provide assistance.
Changes to These Terms
AskSaba reserves the right to update or modify these Terms at any time, without prior notice. When changes are made, we will update the "Effective Date" at the top of this document and post the revised Terms on the Platform.
It is your responsibility to review these Terms periodically. Continued use of the Platform after changes have been posted constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must immediately discontinue use of the Platform and delete any related files or content from your devices.
2. Registration and User Accounts
As the primary user of AskSaba, you may also provide information about your child or a child in your legal care. By doing so, you confirm that you are the child’s parent, legal guardian, or have full authority and responsibility to provide and manage such information on their behalf.
You may not create more than one User Account, nor may you register or use an account on behalf of any other individual. You also agree not to share your account credentials with others or to access another person’s account.
You are fully responsible for all activities that occur under your account, whether or not you were aware of or authorized those activities. You agree to keep your username and password secure and to change your password immediately if you suspect that your credentials may have been compromised. Please notify us promptly at info @asksaba.com if you become aware of any unauthorized access to your account or other security concerns.
AskSaba reserves the right to suspend, deactivate, or permanently terminate your User Account or restrict access to the Platform at any time and for any reason, without prior notice.
3. Subscription and Payment Terms
Notice of Your Financial Responsibility
By using AskSaba, you agree to pay all fees associated with your use of the Platform, including any fees collected on behalf of participating Providers or for additional services offered directly by AskSaba. Payment terms will be presented to you at the time of subscription or service engagement, and you are solely responsible for all associated charges.
No Insurance Accepted
At this time, AskSaba does not accept or process payments through commercial health insurance plans, Medicaid, Medicare, or any other federal or state healthcare programs. By choosing to use AskSaba, you acknowledge and agree that all services and products are provided on a self-pay (cash-pay) basis and fall outside of any insurance coverage.
You agree that you will not attempt to submit claims for reimbursement through any health insurance or government healthcare program for services or products obtained through AskSaba. If you are covered by a public or private insurance plan and wish to use in-network services, we encourage you to consult with a licensed provider who participates in your plan.
4. Ownership and License to the Platform
Platform Ownership
As between you and AskSaba, all rights, title, and interest in and to the AskSaba Platform—including but not limited to its content, features, tools, and functionality (such as software, text, graphics, images, video, audio, layout, design, and overall look and feel) (collectively, the “Platform Content”)—are and shall remain the sole and exclusive property of AskSaba and its licensors.
The Platform Content is protected by copyright, trademark, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, reverse engineer, decompile, disassemble, publicly perform or display, republish, download, store, transmit, or create derivative works from any part of the Platform or Platform Content without express written permission from AskSaba, unless otherwise permitted by these Terms.
All rights not expressly granted to you in these Terms are reserved by AskSaba.
Your License to Use the Platform
Subject to your compliance with these Terms, AskSaba grants you a limited, personal, non-exclusive, non-transferable, non- sublicensable , and revocable license to access and use the Platform and its content solely for your personal, non-commercial purposes related to child development support and care.
This license does not transfer any ownership rights. You may not use the Platform for any other purposes, including resale, reverse engineering, automated scraping, or reproduction of its components or content in any form.
User Information
The Platform may enable you to upload, submit, store, or share various types of data and content, including registration details, personal notes, child-related information, session inputs, and other materials (“User Information”).
By submitting User Information, you grant AskSaba and its affiliated Providers a non-exclusive, worldwide, royalty-free, fully paid, perpetual, transferable, and sublicensable license to use, host, store, reproduce, adapt, translate, modify, distribute, perform, display, and create derivative works of such information solely for the purpose of delivering and improving services via the Platform, in accordance with applicable law and our .
You represent and warrant that you have full legal authority to upload and share any User Information you provide—including information about a child—and that such information does not violate any laws or infringe upon the rights of others. You acknowledge that you are solely responsible for the User Information you share, including its accuracy and lawfulness.
AskSaba may, but is not obligated to, review, remove, or restrict access to any User Information at its sole discretion and without notice. Removing your User Information from the Platform does not revoke the rights granted to AskSaba or its Providers under this section.
Feedback
We welcome feedback, suggestions, ideas, and input to help improve AskSaba (“Feedback”). If you submit Feedback to us, either via email at info @asksaba.com or through any other channel, you agree that AskSaba may use it for any purpose, commercial or otherwise, without compensation, acknowledgment, or attribution to you.
You grant AskSaba a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid, and sublicensable license to use, copy, modify, distribute, perform, display, and create derivative works from any Feedback you provide. You further agree that your Feedback will be treated as non-confidential and non-proprietary, to the fullest extent permitted under applicable law.
5. Restrictions on Use
You may use the AskSaba Platform only for lawful purposes and in accordance with these Terms. By accessing or using the Platform, you agree not to engage in any conduct that may compromise the security, integrity, or lawful operation of AskSaba or its community.
You specifically agree that you will not, and will not attempt to:
Provide false, misleading, or inaccurate information to AskSaba, including information about yourself or a child for whom you do not have legal authority to share such data;
Use the Platform for any commercial, resale, or unauthorized third-party purpose;
Use the Platform in a manner inconsistent with these Terms or any applicable local, state, national, or international law or regulation;
Copy, modify, reverse engineer, disassemble, decompile, translate, or attempt to extract source code from the Platform or any of its components;
Use the Platform or its content for the purpose of developing, evaluating, or enhancing a competing service, product, or platform;
Impersonate any individual or entity, or misrepresent your affiliation with any person or organization, including AskSaba staff, other users, or Providers;
Use any bots, scrapers, spiders, or similar automated tools to harvest, collect, or access data from the Platform without written authorization;
Disrupt, damage, overburden, or impair the Platform or interfere with others’ access, including by uploading malicious code, viruses, trojans, or other harmful materials;
Attempt to gain unauthorized access to any part of the Platform, its servers, systems, data, or other users' information;
Post, submit, or transmit content that:
Infringes on any third-party intellectual property or proprietary rights;
Is defamatory, obscene, hateful, harassing, or promotes violence;
Encourages illegal activities or violates applicable laws;
Endangers or exploits minors in any way;
Circumvent or tamper with any access controls, usage limits, or security features of the Platform;
Use the Platform to send spam, advertisements, pyramid schemes, or other forms of unsolicited communication;
Resell, license, sublicense, distribute, transfer, or commercially exploit any part of the Platform or its content, except as explicitly permitted;
Modify or remove any copyright, trademark, or proprietary notices on the Platform;
Frame or mirror any part of the Platform without express prior written consent from AskSaba;
Copy or compile Platform content (including developmental content or materials generated by the AI assistant) to build or train similar tools, models, or databases;
Enable or encourage any third party to do any of the above.
AskSaba is not obligated to monitor user activity, but we reserve the right to do so at our discretion. We may investigate any suspected violations of these Terms, and we may suspend or terminate your access to the Platform without notice if we believe you have engaged in prohibited use.
AskSaba further reserves the right to take appropriate legal action, including reporting to law enforcement, for any unlawful or unauthorized use of the Platform.
YOU AGREE TO WAIVE AND HOLD HARMLESS ASKSABA, ITS AFFILIATES, LICENSORS, PROVIDERS, AND STAFF FROM ANY CLAIMS OR DAMAGES ARISING FROM ACTIONS TAKEN BY ASKSABA OR LAW ENFORCEMENT AS PART OF ANY INVESTIGATION OR ENFORCEMENT BASED ON YOUR USE OF THE PLATFORM.
6 . Communication Preferences and Electronic Notices and Signatures
Communication Preferences
By creating a User Account on AskSaba, you consent to receive electronic communications from us, including messages related to your account, child development support, and use of the Platform. These communications may be delivered via email, text message, third-party messaging apps, in-app messaging, or by posting notices directly through the Platform.
These communications are a core part of your relationship with AskSaba and are necessary to deliver the services you have signed up for. You may not opt out of essential service communications (such as updates about your sessions, account status, or system alerts), although you can manage how they are filtered or organized through your own device or email settings.
Electronic Notices and Signatures
You agree that any notices, agreements, disclosures, or other communications that AskSaba sends to you electronically—whether via email, SMS, in-app notification, or through the Platform— satisfy any legal requirement that such communications be in writing. These electronic communications form part of your official agreement with AskSaba.
By using your finger, keypad, mouse, touchscreen, or any other input device to select, click, tap, or otherwise interact with buttons, checkboxes, or prompts within the Platform—including those related to agreements, acknowledgments, consents, or terms—you consent to and agree that such actions constitute your electronic signature. This signature has the same legal effect as if you had signed a physical document.
We recommend that you retain a copy of all electronic communications with AskSaba for your records, either by printing them or saving them digitally.
You further agree that no digital certification authority or third-party verification is required to validate your electronic signature, and the absence of such validation does not affect the enforceability of your agreement or any transaction conducted with AskSaba.
Please note: standard data, messaging, and carrier charges may apply when receiving communications from us, depending on your service provider.
Security of Electronic Communications
You acknowledge that some electronic communications may be unencrypted and transmitted over public networks, which may carry a risk that unauthorized individuals could intercept or access the contents, including sensitive or health-related information. By using the Platform and communicating electronically, you expressly accept these risks.
AskSaba and its affiliated Providers cannot guarantee the confidentiality or security of messages during or after transmission and disclaim any responsibility for unauthorized access that may occur once communications leave our systems.
You acknowledge and agree that use of the internet and open networks inherently involves certain security, privacy, and availability risks , including potential unauthorized access, data loss, or service interruptions. By using the AskSaba Platform, you expressly assume all such risks and understand that AskSaba cannot guarantee absolute security or uninterrupted access at all times.
Marketing and Promotional Communications
If you separately consent to receive marketing or promotional messages—such as newsletters, developmental tips, surveys, or special offers—you may opt out of these communications at any time by clicking “unsubscribe” in the message or adjusting your preferences through your account settings.
Please note that opting out of marketing messages does not affect your receipt of essential account- or service-related communications.
Third-Party Integrations
AskSaba integrates with a number of trusted third-party services and APIs in order to deliver AI-powered functionality, communication services, and secure task management. By using the Platform, you acknowledge and agree to the following uses of third-party providers:
OpenAI ( ChatGPT API)
AskSaba uses OpenAI’s ChatGPT models to process certain user queries and generate AI-driven responses, insights, or summaries. When you interact with Saba, your inputs may be sent to OpenAI’s API, and the responses returned are used to support your experience on the platform. Use of OpenAI’s services is subject to OpenAI’s own terms of service and usage policies, and OpenAI may collect or store data as described in their documentation. AskSaba does not control how OpenAI stores or processes this data beyond what is contractually agreed or publicly documented.
Amazon Web Services (AWS)
AskSaba may use Amazon APIs and cloud infrastructure for data storage, security, and platform performance. AWS may temporarily store or route data through its infrastructure as part of standard operations.
Google API Services
In cases where AskSaba accesses or integrates with Google API Services (e.g., Google Drive, Google Sheets), it does so in compliance with the Google API Services User Data Policy, including its Limited Use requirements. Your data will not be used for advertising, shared outside the context of your use, or accessed beyond what is necessary to operate the Service.
Twilio & WhatsApp
AskSaba uses Twilio’s APIs to power secure, scalable communication—including through WhatsApp, where the assistant (“Saba”) interacts with users. By messaging with AskSaba on WhatsApp, you acknowledge that your communication is routed through Twilio’s and WhatsApp’s systems and subject to their respective terms and policies.
Limited Internal Review by Staff
To improve and support the quality of the Service, certain authorized employees of AskSaba may access user-submitted tasks, feedback, or metadata, including child-related concerns or usage summaries. Such access is strictly limited, governed by internal confidentiality agreements, and used solely for the purpose of service improvement, monitoring, or support.
AskSaba takes your privacy seriously and ensures that any data shared with or processed through third-party tools is minimized, encrypted where possible, and handled in accordance with our Privacy Policy and applicable laws.
Use of WhatsApp and Messaging Platforms
On this stage AskSaba operates primarily through a conversational interface on WhatsApp, where users interact with an AI assistant and, in some cases, receive guidance or communication from human professionals. By using AskSaba’s services via WhatsApp or other supported messaging platforms, you agree to the following:
Communication Consent: You consent to receive messages, including automated responses, guidance, and follow-ups via WhatsApp at the number you use to initiate the conversation with AskSaba. These messages may include educational content, summaries, reminders, and other information related to your account or use of AskSaba services.
Security and Privacy Risks : WhatsApp is a third-party messaging platform. While AskSaba takes reasonable steps to safeguard your information, WhatsApp is not a secure or HIPAA-compliant communication channel. By using AskSaba through WhatsApp, you acknowledge and accept the inherent privacy and security risks , including potential unauthorized access or exposure of sensitive data through the messaging platform.
No Emergency Use: AskSaba’s WhatsApp assistant is not intended for emergency situations or real-time clinical support. If you are experiencing a medical or mental health emergency, or if you believe someone may be in danger, you must call emergency services immediately and not rely on this platform.
Message Frequency and Charges: You may receive messages on a recurring basis as part of AskSaba’s educational and support services. Standard messaging and data rates from your carrier may apply.
7 . Third-Party Content and Third-Party Services
The AskSaba Platform may include or provide access to content, tools, or services created or maintained by third parties (“Third-Party Content” and “Third-Party Services”). This may include external links, plug-ins, educational resources, integrations, or features powered by third-party providers.
AskSaba does not own, control, or regularly monitor Third-Party Content or Services, and makes no representations or warranties—express or implied—regarding their accuracy, completeness, reliability, security, or usefulness. The inclusion of any such content or services is offered solely for your convenience and does not constitute an endorsement or recommendation by AskSaba.
Use of any Third-Party Services is entirely at your own risk and may be governed by separate terms of use and privacy policies established by those third parties. These providers may collect and use your information, including personal or usage data, in accordance with their own privacy practices. Before engaging with or submitting information to any Third-Party Service, we strongly recommend that you review their terms and privacy policies.
AskSaba is not responsible or liable for any loss, damage, content errors, privacy breaches, or technical issues that arise from your use of or reliance on any Third-Party Content or Third-Party Services, whether accessed directly or indirectly through the Platform.
8 . Termination
AskSaba may, at its sole discretion and without prior notice, suspend or terminate your access to the Platform and/or any rights granted under these Terms at any time and for any reason, including (but not limited to) violations of these Terms, misuse of the Platform, or conduct deemed harmful to AskSaba or other users.
If you wish to terminate your User Account, you may do so by canceling your subscription through the AskSaba Platform or by contacting info @asksaba.com. You must also immediately stop using the Platform and delete any associated files or data stored on your device.
Subject to applicable law, AskSaba reserves the right to retain, delete, or destroy any data, communications, or content submitted to or through the Platform in accordance with our internal data retention and content disposal policies.
The following provisions will survive termination of these Terms for any reason:
Ownership and License to Use the Platform
Indemnification
Warranty Disclaimer and Limitation of Liability
Dispute Resolution
Miscellaneous Terms
9 . Indemnification
You agree to indemnify, defend, and hold harmless AskSaba , its affiliates, licensors, partners, Providers, officers, directors, employees, and agents (“AskSaba Parties”) from and against any and all claims, liabilities, losses, damages, judgments, penalties, settlements, costs, and expenses (including reasonable attorney’s fees and court costs) arising out of or relating to:
Your access to or use of the Platform or Platform Content;
Any information, data, or materials (including child-related data) you submit, upload, or share through the Platform (“User Information”);
Your violation of any law, regulation, or rights of a third party;
Your breach of these Terms;
Any misuse of your User Account by you or any person accessing the Platform using your credentials, whether or not authorized by you.
AskSaba reserves the right—but not the obligation—to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to fully cooperate with our defense strategy. You may not settle any claim without our prior written consent.
10 . Warranty Disclaimers and Limitation of Liability
No Warranties
Your use of the AskSaba Platform and all related content and services is entirely at your own risk. The Platform, including all features, tools, and content, is provided to you on an “as is” and “as available” basis, without any warranties of any kind— express, implied, statutory, or otherwise.
AskSaba, its affiliates, officers, directors, employees, contractors, licensors, service providers, partners, agents, and the independent Providers available through the Platform (collectively, the “ AskSaba Parties”) disclaim all warranties, including but not limited to:
Warranties of merchantability
Fitness for a particular purpose
Non-infringement
Accuracy, reliability, timeliness, or completeness of content
Security, operability, or performance of the Platform
Freedom from viruses, malware, cyberattacks, or system corruption
Availability or continuity of service
No advice or information—whether oral or written—obtained from AskSaba or through the Platform shall create any warranty not expressly stated in these Terms.
You are solely responsible for evaluating the usefulness, accuracy, and reliability of any content or responses generated via the Platform, including AI-generated outputs. AskSaba does not warrant that use of the Platform will be uninterrupted or error-free, or that any issues will be corrected.
Platform Risks and Responsibilities
You understand and agree that the AskSaba Platform may experience delays, data loss, unauthorized access, security intrusions, or other operational failures. You assume full responsibility for:
Backing up your own data
Using security measures (e.g., antivirus software) on your devices
Evaluating the appropriateness of information or responses provided by the Platform
AskSaba is not responsible for any damage to your device(s), data, or communications resulting from your use of the Platform. You also acknowledge and accept that interactions with Providers or third parties via the Platform are solely your responsibility, and AskSaba is not liable for the outcome of those interactions.
Limitation of Liability
AskSaba is a technology platform and does not itself provide medical or developmental services. As such, AskSaba is not liable for any harm, injury, or damages caused by the actions, negligence, or misconduct of any independent Providers, even if those actions are based on or informed by information collected or generated through the Platform.
To the maximum extent permitted by law, in no event shall AskSaba or its affiliates, officers, directors, employees, contractors, licensors, agents, or Providers (collectively, the “ AskSaba Parties”) be liable for any:
Indirect, incidental, consequential, special, exemplary, or punitive damages
Loss of revenue, profits, data, goodwill, or business opportunities
Costs of substitute services, system failure, or service interruptions
Personal or bodily injury, emotional distress, or other damages arising from your use—or inability to use—the Platform
This applies whether the claim is based on warranty, contract, tort (including negligence), strict liability, product liability, or any other legal theory, and whether or not AskSaba has been advised of the possibility of such damages. This limitation remains in effect even if any remedy fails of its essential purpose.
If you are dissatisfied with any portion of the Platform or these Terms, your sole and exclusive remedy is to stop using the Platform.
You acknowledge that if you use the Platform in connection with a serious, emergent, or life-threatening condition, you do so entirely at your own risk. The AskSaba Parties shall not be liable for any decisions made or actions taken based on content or communication provided through the Platform, including any AI-generated outputs or Provider messages.
Aggregate Liability Cap
To the maximum extent permitted by law, the total cumulative liability of the AskSaba Parties for all claims, damages, losses, or causes of action—whether in contract, tort (including negligence), or otherwise— shall not exceed the greater of:
The total amount you have paid to AskSaba in the two (2 ) months immediately preceding the claim, or
One hundred U.S. dollars ($100 USD).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, portions of this section may not apply to you. If you reside in a state where such exclusions are enforceable, then the above limitations do apply to the fullest extent permitted by law.
11 . Dispute Resolution and Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND ASKSABA TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS YOUR RIGHTS TO BRING CLAIMS IN COURT OR AS PART OF A CLASS ACTION.
By agreeing to these Terms, you and AskSaba each waive the right to a trial by jury and the right to participate in any class action or representative proceeding. This section applies to all types of disputes or claims that may arise out of or relate in any way to your use of the AskSaba Platform or these Terms.
Tiered Dispute Resolution Process
At AskSaba, we strive to resolve concerns quickly and informally. If you have a dispute or issue, we encourage you to first contact us directly by emailing info @asksaba.com.
You agree to make a good-faith effort to resolve the issue informally before pursuing any formal legal action. If your dispute is not resolved within thirty (30) days of submitting your concern, either party may initiate a formal dispute resolution process, as outlined below.
Binding Arbitration
If informal resolution fails, you and AskSaba agree to resolve any dispute exclusively through final and binding arbitration, administered by a recognized arbitration body (such as the American Arbitration Association) under its applicable rules and procedures.
Arbitration will be conducted in the county where you reside, or another location mutually agreed upon in writing.
The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.
The arbitrator’s decision will be final and binding, and judgment may be entered in any court with jurisdiction.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between you and AskSaba individually. To the fullest extent permitted under applicable law:
No arbitration or legal proceeding may be joined with another;
You may not bring any claim as a class action, representative action, or in a private attorney general capacity; and
No arbitration or proceeding may be consolidated with any other arbitration or proceeding without the written consent of all parties.
Exceptions to Arbitration
The following types of claims are not subject to arbitration and may be brought in a court of competent jurisdiction:
Claims that qualify for small claims court;
Claims seeking injunctive or other equitable relief to prevent unauthorized use or abuse of the Platform, or to protect AskSaba’s intellectual property.
12 . Miscellaneous Terms
Entire Agreement
These Terms, along with our Privacy Policy and any other applicable policies or agreements referenced herein, constitute the entire agreement between you and AskSaba regarding use of the Platform. These Terms supersede any prior oral or written understandings or agreements between you and AskSaba with respect to the same subject matter.
Governing Law
These Terms are governed by the laws of the Israel, without regard to conflict of law principles. Any legal action or proceeding relating to your use of the Platform must be instituted in a state or court located in Israel, unless otherwise required by arbitration.
Assignment You may not assign or transfer your rights or obligations under these Terms without prior written consent from AskSaba. Any unauthorized assignment will be null and void. AskSaba may assign or transfer these Terms without restriction. These Terms will be binding on the parties and their respective successors and permitted assigns.
Notices Any notices or communications from AskSaba under these Terms may be sent to you via:
Email to the address associated with your User Account; or
Posting within the Platform interface.
You are solely responsible for keeping your email address up to date. Notices sent to your last known email address shall be deemed effectively delivered. You may send legal or formal notices to AskSaba by emailing info @asksaba.com. Notice to AskSaba is deemed received only upon written confirmation of receipt.
No Waiver
AskSaba’s failure to enforce any right or provision in these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of AskSaba.
Severability If any part of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect, provided that the essential purpose of the agreement is preserved.
Remedies You agree that any breach or threatened breach of these Terms may result in irreparable harm to AskSaba, for which monetary damages would be inadequate. AskSaba may seek equitable relief (including injunctions) in addition to any other remedies available at law or in equity.
No Agency Relationship
These Terms do not create a partnership, joint venture, employment, or agency relationship between you and AskSaba. You may not bind AskSaba or enter into agreements on its behalf.
Headings
Section titles and headings in these Terms are for convenience only and do not affect the interpretation of any provision.