Abacus Terms and Conditions for Sessions & Virtual Experiences

Revision date: Feb 1, 2021

Thank you for visiting Abacus (“Abacus, “we,” “us,” “our”). By using Abacus’s “Sessions & Virtual Experiences” (“SVE”) service, you (“Host,” “Guide,” “you,” “your”) agree to the terms of service set forth in this Terms of Service Agreement (the “Agreement” or “Abacus Terms of Service”), in addition to the terms of Abacus’s general Terms of Service, which may be found at https://marketplace.makewithabacus.com/en/infos/terms. A statement of our privacy policy may be found at https://marketplace.makewithabacus.com/en/infos/privacy.

We may update the Agreement at any time. When we do, we will revise the “Revision date” at the top of this Agreement, and you may view the most recent version at _______. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use Abacus’s Sessions and Virtual Experiences service, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and, together with Abacus’s general Terms of Service comprises the entire agreement between you and Abacus regarding Abacus’s service. By purchasing and maintaining a subscription to Abacus, you accept this Agreement and any modifications that we may make to this Agreement from time to time. If you do not agree to any provision of this Agreement, you should not purchase a subscription to Abacus’s Sessions and Virtual Experiences.

If you have any questions, please contact: info@makewithabacus.com .

1. DEFINITIONS 

  • 1.1. “Event” shall mean the demonstrations, tutorials, question and answer sessions, classes and other similar interactive, entertaining, educational and/or instructive content by and between Hosts, Guides and Users on the Abacus platform. 
  • 1.2. “User”, “Customer” shall mean the end user, i.e. those participating in any given Event. 
  • 1.3. “Sessions and Virtual Experiences” or “SVE” shall mean the service developed and provided by Abacus wherein the Guide provides services and/or kits to Users in conjunction with a virtual platform wherein the Host connects and interacts remotely with those Users for live (or recorded) demonstrations, tutorials, question and answer sessions, classes and other similar interactive, entertaining, educational and/or instructive content.  

2. PARTICIPATION

  • 2.1. You will abide by the Abacus’s SVE Terms of Service for all Events held by you.  You will also abide by Abacus’s general Terms and Conditions.  Video conferencing services are provided by Zoom, and you will also abide by their Privacy Policy.
  • 2.2. By participating in Abacus’s SVE you will have the ability to plan an event, session or virtual experience which can be prepared at scale, prepare kits at scale as well according to user specifications, connect to the Internet at a set time, use Abacus’s technology demonstrate live tutorial sessions, performances and how to assemble kits and which have been prepared. You must also ensure that you have a method for delivery, to provide the kits where applicable to Users and that all kits and or experience essentials are provided to Users in a timely fashion. 
  • 2.3. Abacus will provide all marketing and promotional content for of all Events as set forth in this Terms of Service.
  • 2.4. You will provide all required information for the Abacus’s SVE, which may include adding a payment method or bank account information so that both parties can send or receive revenue generated from an event. You are responsible for maintaining a valid payment method in your Guide profile. Failure to maintain all required information may result in termination of the Abacus’s SVE subscription.
  • 2.5. You are fully responsible for ensuring that all perishable goods, i.e. food or drink, are properly stored, prepared and packaged. Abacus is not liable for any injury of any kind resulting from any food/drink prepared and/or delivered by you or any other conduct of you and/or your employees and/or agents. 
  • 2.6 If you choose to offer delivery, you are fully responsible for any perishable good delivery to Users, including but not limited it to, delivery drivers, vehicle usage, usage of a third-party delivery service, etc.  Abacus is not liable for any traffic accident, tickets or any other injury to your deliver drivers or any persons injured as a result of the actions of you and/or your employees and/or agents.
  • 2.7. You are responsible for ensuring that all perishable goods are provided to the proper person or party whether through pickup or delivery.  You may be required to check names, IDs or order confirmations.
  • 2.8. You are fully responsible for the sale and/or delivery of any alcoholic beverages. You must comply with all applicable federal, state and local laws regarding the sale of alcoholic beverages. 
  • 2.9. You are responsible for maintaining current Food Handling Permits for employees and/or participants as required by law and comply with applicable federal, state and local food handling laws, rules and regulations.
  • 2.10. You must follow and maintain all operative and applicable recommendations, guidelines, orders restrictions and similar mandates regarding or related to food or drink preparation in effect during the COVID-19 pandemic.
  • 2.11. In addition, you must follow protocols until such time that all federal, state and local recommendations, guidelines, orders restrictions and similar mandates regarding or related to food preparation in effect during the COVID-19 pandemic until they have been lifted.  This includes:
    • 2.11.1. Ensure no staff are permitted to work or be on the premises while experiencing any symptoms which may be related to or the result of COVIC-19 infection.
    • 2.11.2. Encourage pickup/delivery staff not come into close contact to Users to the extent possible.
    • 2.11.3. Ensure all food is wrapped and packaged as soon as possible after cooking has been completed.
    • 2.11.4. Use two outer bags when packaging any entire order.
    • 2.11.5. Attach order details and instructions onto the outer bag.
  • 2.12. You may not participate in Abacus’s SVE if your business/restaurant/venue has been ordered to close for any reason. You may participate in Abacus’s SVE once your business/restaurant/venue has been permitted to reopen.
  • 2.13. The Event’s video, audio and chat may be recorded.  
    • You and any of your employees or agent participating in an Event consent to be recorded and to the use of any recorded materials.  
    • Abacus owns the rights to all recordings and may use the content for any purpose, including but not limited to, marketing, commercial and/or promotional materials.  
    • You may request a copy of the recording which you may use for your own marketing purposes; however, any such use by you is with the consent and limited use license of Abacus which may be revoked at any time or any reason by Abacus. Any such consent or license to use any recording is granted only to you and may not be transfer or conferred to any parties and/or successor interest without the express written consent of Abacus. The ownership and any other legal rights to any the recording(s) of any Event are fully and completely held by Abacus and these rights shall not be obviated by any use of any recording(s) by you or any other party.

3. EVENT REQUIREMENTS

  • 3.1. You must have the ability to prepare/execute a high volume of content, whether completely virtual or partially virtual in the case of kits, at your location for the purposes of virtual participation.
  • 3.2. Sessions and Virtual Experiences may be hosted by a single Guide but moderators are recommended for large groups.
    • 3.2.1. The principal Guide must be on camera and presenting during the Event.
    • 3.2.2. You may have personnel on to help the principal Guide during the session; rotate banners/ads, interact with Users via chat and video, moderate the Event, and to manage the recording of the Event.
  • 3.3. You must promote the Event through your available marketing channels, i.e. social media, mailing list, etc. Abacus will provide the marketing content.
  • 3.4. You should use compostable/recyclable materials to the extent possible.  
  • 3.5. You must ensure that you have adequate space and time to properly present the Event.
  • 3.6. You are responsible for ensuring that Internet connectivity is of high quality and maintained by you during the entire Event. 
  • 3.7. You must possess at least one device that is able to transmit and receive both audio and video via the Internet, such as a laptop, cellular phone or tablet. 
  • 3.8. All personnel operating the Event must take any training required by Abacus.

4. ABACUS PLATFORM INTEGRATION

  • 4.1. Abacus will list the Guide and its Events on its platform.
  • 4.2. You must create a Abacus Guide account and profile as well as subscribe to the platform in order to post SVE listings.
  • 4.3. You must manage your settings and profile information on the Abacus platform and ensure that the information is current.

5. PROMOTION

  • 5.1. You may begin to promote, market, or otherwise publicly engage Users or Customers about any of your Sessions and Virtual Experiences listed on Abacus. You and Abacus may agree to joint marketing campaigns in which case Abacus will coordinate the efforts.  
  • 5.2. Abacus will promote all Events on its digital platform and mailing lists. Abacus’s platform is also optimized for Google search to maximize visibility but cannot guarantee search rankings.
  • 5.3. You will promote the Events to your patrons through online, digital and in-person channels when applicable.

6. CANCELLATION AND REFUND

  • 6.1. Users may cancel any listing/order and receive a full refund up to the time when they may longer place an order, at which point order may not be cancelled.  Users may transfer any order to another provided it does not change the order (same items, similarly priced, etc.).
  • If your event location/venue is a business and is closed to any federal, state or local or for any other reason, the Session/Event will be canceled, and all Users will receive a full refund. Abacus is not responsible for any costs, loss of inventory or any other injury to you as a result of the closure of your venue.

7. SALES TAX

  • 7.1. You are responsible for paying all applicable sales taxes from any Event; Abacus will not retain any portion of any applicable sales tax.