Gabby Service Agreement
Version 2026-08-08
This is the exact text you accept at checkout: nothing more, nothing hidden.
1. Parties. This agreement is between your business ("you") and ClickThere Marketing, LLC, an Austin, Texas company doing business as Gabby ("Gabby", "we"). It takes effect when you accept it at checkout and covers every campaign we run for you.
2. Service. Gabby designs, builds, and runs one promotional deal campaign at a time for your business: the offer, the claim page, and the advertising. Ads run on Gabby's advertising infrastructure under your business's name. Your first campaign goes live within 7 days of checkout, or your setup fee is refunded.
3. Price. A one-time $499 setup fee (offer engineering, claim page build, and ad creative, charged with your first payment only), then $1,000 per month billed monthly: up to $700 per month of advertising spend passed through to ad platforms at cost, plus $300 per month of campaign management. If a deal's cap or schedule leaves ad budget unspent in a month, the remainder rolls into your next month's advertising; unspent ad budget is never kept by Gabby. The split is published, and actual ad spend appears on your weekly scoreboard.
4. Extra ad spend. Want more firepower than the included budget? Additional advertising spend is billed at cost plus a 20% management fee, and only ever with your written go-ahead before it runs.
5. Card processing. On prepaid deals, consumer payments settle directly to your own payment account minus a 5% all-in card processing fee. That 5% is the only processing charge there is, and Gabby never holds consumer funds.
6. Term and cancellation. Month-to-month, no long-term contract. Cancel any time with one email; cancellation takes effect at the end of the current billing period, with no cancellation fee and no retention call.
7. The guarantee. If your first deal has not collected at least $1,499 in prepaid sales (everything you pay us for the first 30 days) by day 30, we keep working at our own expense: management, claim page, and ad budget, until your deal has collected more than you have paid us. If that still has not happened by day 90, we refund your $499 setup fee and every management fee you have paid, and you keep your customer list and every dollar the deal did collect. For free-claim deals, the same promise is measured in redeemed vouchers at your deal's face value.
8. Your assets. The offer designs, deal pages, customer list (names, emails, and phone numbers of claimants), and prepaid revenue are yours. Leave any month and all of it goes with you. Ad accounts and advertising infrastructure remain Gabby's.
9. Your obligations. Reference prices you provide for advertising must be your actual, current prices. You agree to honor valid vouchers on their stated terms, including the rule that the amount a customer paid never expires. Sales tax on redeemed goods and services is your responsibility. If you cannot honor a valid voucher, the customer's payment is refunded from your settlement.
10. Your brand license. You give Gabby permission to use your business name, logo, images you provide, and offer details to build and run your campaigns; that is what "ads under your name" means. The license ends when your service ends, except that vouchers already sold stay valid and redeemable.
11. Performance. Beyond section 7, Gabby does not guarantee specific results. Campaign spend, claims, and redemptions are reported weekly, whether the numbers flatter us or not.
12. Warranties. We promise to run the service with reasonable skill and care. Beyond that promise and section 7, the service is provided as is, and we disclaim implied warranties (including merchantability and fitness for a particular purpose) to the extent the law allows.
13. Limitation of liability. To the extent the law allows, neither of us is liable to the other for indirect, incidental, or consequential damages, including lost profits. Gabby's total liability under this agreement is capped at the amounts you paid us in the three months before the claim arose. This cap does not apply to section 7 refunds, which we always owe in full.
14. Indemnification. You are responsible for your business: the goods and services customers redeem, the accuracy of the prices and claims you give us, and compliance with the laws of your trade. If a third party brings a claim against Gabby over any of those, you cover the defense and resulting costs. If a third party brings a claim against you because our ad copy or our platform broke the law, we do the same for you.
15. Ending service. Gabby may end service with 30 days' notice, or immediately for abuse, fraud, or unlawful use. If we end service without cause, we refund the unused portion of your current month, and section 8 applies: your assets go with you.
16. Changes. If we change this agreement, the version and date change with it, you get notice by email, and the new version applies from your next billing period. The current text is always published at hiregabby.com/terms.
17. The legal frame. This agreement is governed by Texas law, and disputes belong in the state or federal courts, or small claims court, of Travis County, Texas, after we have genuinely tried to work it out first. It is the entire agreement between us and replaces prior discussions; if a court strikes one part, the rest stands. You may not assign it without our consent, and we may assign it only to a successor of our business.
18. Notices. We send notices to the email on your account. You can reach us any time through hiregabby.com/contact, or by mail at ClickThere Marketing, LLC, PO Box 10432, Austin, TX 78757, United States.