01 Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between Gabify Creative Strategies, LLC, a Connecticut limited liability company ("Gabify," "we," "us," or "our"), and you ("Client" or "you") governing your access to and use of gabifycreative.com (the "Site") and your engagement of our consulting services.

By accessing the Site, booking a session, or otherwise engaging our services, you confirm that you are at least eighteen (18) years of age, that you have read and understood these Terms, and that you agree to be bound by them. If you do not agree to these Terms, you must not use the Site or engage our services.

We may amend these Terms from time to time. Where we make material changes, we will revise the "Last Updated" date and post the updated Terms on the Site prior to the change taking effect, consistent with the approach described in our Privacy Policy. Your continued use of the Site or services after a change takes effect constitutes acceptance of the revised Terms.

02 Our Services

Gabify provides remote consulting sessions for performing arts creatives, artist-producers, and small arts organizations, including the Reset Lab (a one-hour paid working session, available as a single session or on a recurring bi-weekly or weekly basis) and the Springboard Session (a complimentary twenty-minute discovery call).

Our services consist of strategic guidance, planning, and systems consulting delivered during and following sessions. For clarity, our services do not include:

• Execution of the work discussed (such as building websites, filing paperwork, or managing vendors on your behalf)
• Ongoing project management
• Grant writing or fundraising services
• Therapeutic, psychological, or career counseling services

03 Booking, Payment, and Pricing

Sessions are booked through our scheduling tool and paid through our designated payment processor. Current pricing, session tiers, and billing frequency (single session, bi-weekly, or weekly) are posted on the Site and may be updated from time to time; the price in effect at the time of booking applies to that booking.

By submitting payment, you authorize Gabify and its payment processor to charge the applicable amount to your payment method. We do not store, transmit, or have access to your complete payment card number.

Recurring bi-weekly and weekly plans are billed monthly in advance, in accordance with the terms displayed at the time of booking.

04 Rescheduling, Cancellation, and Refunds

4.1 Rescheduling a Session

You may reschedule an individual session at no charge with at least forty-eight (48) hours' notice before the scheduled start time.

4.2 Late Rescheduling and Emergencies

Requests to reschedule with less than forty-eight (48) hours' notice are evaluated by Gaby on a case-by-case basis. We understand that emergencies and extenuating circumstances arise, and will work with you in good faith where such circumstances apply.

4.3 Missed Sessions

A session that is missed without advance notice is not eligible for a refund or credit.

4.4 Cancelling a Recurring Plan

Bi-weekly and weekly plans may be cancelled at any time by notifying us at hello@gabifycreative.com. Cancellation requires one (1) billing cycle of notice and takes effect at the end of the billing cycle following your notice; you will retain access to your scheduled sessions through the end of that cycle.

4.5 General

Except as expressly stated in this Section, fees paid for sessions already delivered are non-refundable.

05 Intellectual Property

Gabify retains ownership of the underlying methods, frameworks, and approaches used to develop that work product, and may continue to use, adapt, and reuse those underlying methods with other clients. Nothing in this Section restricts Gabify's ability to use general knowledge, skills, and experience gained in the course of an engagement.

All content on the Site — including text, graphics, logos, and the overall design of the Site — is owned by or licensed to Gabify and may not be copied, reproduced, or used for commercial purposes without our prior written consent.

06 Confidentiality

Confidentiality obligations regarding information shared during consulting engagements are governed by our Privacy Policy, which is incorporated into these Terms by reference.

07 Third-Party Links and Services

The Site may link to or rely on third-party services, including our scheduling and payment providers. We do not control and are not responsible for the content, practices, or terms of any third-party service. Your use of any third-party service is governed by that service's own terms.

08 Disclaimer of Warranties

Our services are provided on an "as is" basis. While we bring care and professional experience to every engagement, we do not guarantee any specific outcome, business result, or level of success from our consulting services. No advice given during a session creates any warranty or guarantee not expressly stated in these Terms.

09 Limitation of Liability

To the maximum extent permitted by law, Gabify's total liability to you for any claim arising out of or relating to our services shall not exceed the total amount you paid to Gabify in the twelve (12) months preceding the claim.

Gabify is not liable for indirect, incidental, or consequential damages arising from your use of our services, except where such liability cannot be limited under applicable law.

10 Indemnification

You agree to indemnify and hold Gabify harmless from any third-party claims, losses, or expenses (including reasonable attorneys' fees) arising from your misuse of our services or work product, your violation of these Terms, or your violation of any applicable law — except to the extent such claims arise from Gabify's own negligence or breach of these Terms.

11 Termination

We may decline to continue an engagement, or may end a session relationship, at our discretion — including where we reasonably believe continuing the relationship would violate these Terms, is no longer a good fit, or for other legitimate business reasons — and will make reasonable efforts to provide notice where practical. You may end the relationship at any time consistent with Section 4.

Provisions of these Terms that by their nature should survive termination — including intellectual property, confidentiality, indemnification, limitation of liability, and dispute resolution — will continue to apply.

12 Dispute Resolution

Before initiating any formal proceeding, you agree to first contact us at hello@gabifycreative.com with a written description of the dispute, and we will make a good-faith effort to resolve it directly within thirty (30) days.

If the dispute cannot be resolved informally, it may be brought in the state or federal courts located in Connecticut, and each party consents to the jurisdiction of those courts. Nothing in this Section prevents either party from bringing a qualifying claim in small claims court.

13 Governing Law

These Terms are governed by the laws of the State of Connecticut, without regard to its conflict-of-law principles.

14 General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gabify regarding your use of the Site and our services.

Severability

If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in effect.

Waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision.

Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. Gabify may assign these Terms in connection with a sale or transfer of its business.

Force Majeure

Gabify is not liable for any delay or failure to perform due to circumstances reasonably beyond our control, including illness, emergencies, natural disasters, or failures of third-party infrastructure.

No Partnership

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Gabify.

15 Contact

Questions about these Terms may be directed to: