Terms of Service

Vibe AI · www.usevibeai.com/terms.html

1. Introduction

1.1 Agreement Overview

These Terms of Service ("Terms") constitute a legal agreement between you and Vibe AI. ("we," "our," or "us"). Your use of www.usevibeai.com (the "site") and related services (collectively, the "Services") is subject to these Terms. By downloading, installing, accessing, or using our Services, you: Acknowledge that you have read and understood these Terms Agree to be bound by these Terms Agree to our Privacy Policy (available at www.usevibeai.com/privacy) Commit to comply with all applicable laws and regulations If you do not agree with these Terms, you must not download, install, access, or use our Services.

1.2 Definitions

"Site" refers to our website and associated tools for developing software. "Content" means code, projects, data, files, and other materials that you create, modify, or access through our Services. "User" means any individual who downloads, installs, accesses, or uses our Services. "Authorized User" means a User who is authorized by you to access and use the Services under your account. "Input" means the prompts, commands, and instructions you provide to the Services. "Output" means the code, responses, and other content generated by the Services based on your Input.

2. License to Use Our Services

2.1 Rights Granted

Subject to your compliance with these Terms, Vibe AI grants you a limited, personal, non-exclusive, non-transferable license to download, install, and use our Services for their intended purpose. Depending on your subscription plan: Free Plan: Limited to personal, non-commercial use Paid Plans: May be used for commercial purposes according to the terms of your subscription

2.2 Restrictions

You may not, and you may not permit others to: Distribute, sell, rent, lease, or sublicense our Services Remove or alter any proprietary notices or labels on our Services Use our Services in a way that could harm, disable, overburden, or impair our systems Use automated scripts to collect information from or interact with our Services Use our Services for any illegal purpose or in violation of any applicable laws

2.3 Reservation of Rights

All rights not expressly granted to you in these Terms are reserved by Vibe AI. You acknowledge that you do not acquire any ownership rights in the Services by downloading, installing, or using them.

3. User Accounts and Content

3.1 Account Creation and Management

You may be required to create an account to use certain features of our Services You must provide accurate, current, and complete information when creating your account You are responsible for maintaining the confidentiality of your account credentials You are responsible for all activities that occur under your account You must notify us immediately of any unauthorized use of your account

3.2 Minimum Age

You must be an adult to use the Service. If you are younger than 13 we will allow you to use the Service if you first provide us with your parent or guardian’s written consent. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to these Terms and responsible for your child’s activity on the Service.

3.3 Account Deletion Process

You may request deletion of your account by contacting hello@usevibeai.com. Upon account deletion: Your user profile will be removed Your access to the Services will be terminated Content stored on our servers will be deleted within 90 days We may retain certain information as required by law or for legitimate business purposes We will handle any remaining content according to our Privacy Policy

3.4 User Content

By using our Services, you may create, modify, or upload Content. You retain all ownership rights to your Content, subject to the licenses granted herein.

3.5 Licenses to User Content

You grant Vibe AI a non-exclusive, worldwide, royalty-free license to access, use, process, copy, distribute, perform, export, and display your Content, only as reasonably necessary: To provide and maintain the Services To address service or technical issues To comply with legal obligations As otherwise permitted by these Terms This license does not grant us the right to sell your Content or otherwise distribute it outside our Services.

3.6 Content Backups

You are responsible for backing up your Content. While we implement reasonable measures to protect your Content, we do not guarantee that your Content will not be lost or corrupted.

4. Services and Pricing

4.1 Plans and Limits

We offer various subscription plans that provide different features, usage limits, and capabilities. Current plan details and pricing are available at www.usevibeai.com/pricing Each plan has specific usage limitations, including but not limited to: Number of projects Compute resources Storage capacity Database connections Integration capabilities We reserve the right to modify our plans and pricing at any time.

4.2 Subscription and Payment Terms

Our service is subscription-based with recurring billing (monthly or annual) Subscriptions automatically renew unless canceled before the renewal date Payments are non-refundable unless otherwise specified You authorize us to charge your payment method for all fees due We may suspend or terminate your access if payment fails

4.3 Support Services

Technical support availability depends on your subscription plan: Free Plan: Limited community support Paid Plans: Priority email support Enterprise Plans: Dedicated support and service level agreements Support is limited to platform-related issues and does not include application debugging or development consulting.

4.4 Detailed Service Delivery Information

Access to our platform is granted immediately upon successful payment processing You will receive login credentials via email If you experience any issues with access, contact hello@usevibeai.com We strive to maintain continuous availability of our Services, but we do not guarantee uninterrupted access. Scheduled maintenance, updates, or unforeseen technical issues may result in temporary service interruptions. We will make reasonable efforts to notify users of planned maintenance when possible.

4.5 Refund Policies

All payments are non-refundable unless otherwise determined by us In cases where refunds are approved, they will be processed to the original payment method Refunds may be considered in cases of: Billing errors Duplicate charges Other circumstances at our sole discretion. For cases considered, the TAT would be 14 days.

4.6 Cancellation Policy

You can cancel your subscription at any time by: Clicking on the Credits button Clicking Manage your Subscriptions button Clicking on Edit billing Clicking on Cancel Subscription button Cancellation Terms: Your subscription remains active until the end of the current billing period You will continue to have full access until the end of your paid period Your subscription will not automatically renew after cancellation Any unused credits expire at the end of the subscription No partial refunds are provided for unused portions of the billing period

5. Acceptable Use

5.1 Prohibited Conduct

While using our Services, you agree not to:

Violate any applicable local, state, national, or international laws or any rule, guidance, or regulations having the force of law.

Infringe the intellectual property rights of others.

Transmit harmful code or any other software viruses or attempt to compromise, interrupt, destroy, or limit the functionality of our systems or that poses or creates a privacy or security risk to any person.

Interfere with or disrupt the Services or servers or networks connected to the Services or disobey any requirements, procedures, policies, or regulations of networks connected to the Services or other users' use of the Services.

Conduct unauthorized penetration testing or security assessments.

Implement measures to circumvent or attempt to defeat usage limits, or monitoring or any such blocking.

Misuse computational resources or APIs.

Attempt to gain unauthorized access to any part of our Services, including through the use of virtual private networks.

Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.

Engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.

Use the Services to facilitate transactions with, or provide services to, individuals, entities, or countries subject to economic sanctions administered by the U.S. Office of Foreign Assets Control (OFAC), including any individual or entity on the Specially Designated Nationals (SDN) list, or to otherwise evade or circumvent applicable trade sanctions or export control laws.

Create, host, or distribute login pages, authentication forms, or credential collection interfaces that impersonate or mimic a third-party service for the purpose of harvesting user credentials, tokens, or authentication data.

Visually clone or substantially replicate the brand identity of an established third-party service – including its logos, color schemes, layouts, or domain-suggestive naming — in a manner that would cause end users to believe they are interacting with that third-party service.

Create or operate payment forms, investment platforms, cryptocurrency wallet interfaces, or other financial instruments that collect real financial data, payment credentials, or wallet access under false, misleading, or deceptive pretenses.

Design or deploy forms, applications, or interfaces that collect sensitive personal identification data – including but not limited to Social Security numbers, passport numbers, driver's license numbers, or government-issued identification — under deceptive or fraudulent pretenses for the purpose of identity theft, data resale, or unauthorized use.

5.2 Content Restrictions

You agree not to use our Services to create, upload, or process Content that: Is unlawful, harmful, threatening, abusive, or harassing Is defamatory, vulgar, obscene, or otherwise objectionable Contains malware, viruses, or malicious code Infringes any patent, trademark, copyright, or other proprietary rights Contains unsolicited or unauthorized advertising Promotes illegal activities Violates third-party terms of service

5.3 Resource Usage

We may establish quotas and limits on your usage of our Services, including computational resources, storage, and API calls. You agree to comply with these limits, which may vary based on your subscription plan. Excessive or abusive usage that negatively impacts our Services or other users may result in throttling, suspension, or termination of your access.

5.4 Export Controls and Sanctions Compliance

Vibe AI's Services may never be used to develop anything subjected to sanctions or other export restrictions, or in any way that is not compliant with the laws of the jurisdiction that Vibe AI or the user operates in. The Services may also never be used in regions, or by anyone subject to sanctions or export restrictions. Users are responsible for ensuring their use of our Services complies with all applicable export control laws and regulations, including those of the United States and other jurisdictions. By using our Services, you represent and warrant that you are not located in any country or territory subject to U.S. or other applicable trade sanctions or embargoes, and that you are not on any denied persons list or similar restricted party list.

6. Data Usage, Training, and Learning

6.1 Service Improvement and Training

We collect and analyze anonymized usage data and outputs to improve our Services. The anonymized usage data includes:

Performance metrics and error patterns

Feature usage statistics and patterns

User interface interactions

Command execution patterns

We may use these anonymized usage data and outputs to enhance our AI systems, improve code generation accuracy, and optimize platform performance.

6.2 AI Features and Training

Our Services include AI-powered features that analyze your code and generate suggestions. By default:

We do not use your proprietary code to train our general AI models without consent

We process your code and commands within our secure environment

You can control AI assistance features through application settings

Enterprise plan users may have additional controls and restrictions regarding AI training.

6.3 Training Data Biases

Vibe AI acknowledges that AI systems may exhibit biases inherent in their training data. While we strive to minimize such biases, we cannot guarantee that our Services are entirely free from them. Vibe AI specifically disclaims liability for:

Training data biases affecting code generation

Unintended bias in generated content

AI outputs that reflect historical, social, or cultural biases

Unintended consequences of using AI-generated code that may contain inherent biases

Users should review and test all generated code to ensure it meets their requirements and values.

6.4 Enterprise Considerations

For Enterprise users, we provide enhanced data protection:

We explicitly waive our right to use their data for training purposes

Custom data handling agreements are available

No sharing with third parties occurs without explicit consent

Data residency options may be available upon request

Enhanced security measures are implemented

Dedicated support for data protection concerns is provided

Enterprise customers seeking additional information about these protections should contact hello@usevibeai.com.

6.5 Data Retention and Management

For Enterprise users, we provide enhanced data protection:

Options to opt out of certain data collection

Custom data handling agreements available

Strict controls on third-party data sharing

Data residency options where available

7. Intellectual Property Rights

7.1 Vibe AI Ownership

Vibe AI owns and retains all rights, title, and interest in and to: Brand Elements: The "Vibe AI" name and brand Vibe AI logos, designs, and visual elements The "www.usevibeai.com" domain and related domains Platform Elements: Application architecture and design All platform features and functionalities Our proprietary algorithms and systems User interface and experience design Documentation and supporting materials These elements are protected by copyright, trademark, trade dress, patent laws, and other intellectual property rights.

7.2 User Rights

To be explicitly clear, while Vibe AI owns all rights to the platform and brand elements described above, this ownership is entirely separate from and does not extend to: Code generated using our Services Applications built with our tools Custom configurations and implementations Modified or derivative works created from generated code Your own code commits and changes You retain all ownership rights to code created using our Services, subject to any third-party open source licenses that may apply to components used.

7.3 Usage Rights

You may freely: Use generated code commercially Modify and adapt generated code Distribute generated code in any form Sell applications built using our platform Open source your implementations Vibe AI places no restrictions on your use of generated code and makes no claim to ownership of applications you develop.

8. Security and Privacy

8.1 Data Security

We implement reasonable security measures to protect your Content and account information. These measures include: Encryption of sensitive data Secure development practices Access controls and authentication Regular security assessments However, no method of transmission or storage is 100% secure. You acknowledge and accept this risk when using our Services.

8.2 Personal Data

Our collection, use, and protection of personal data is governed by our Privacy Policy, available at www.usevibeai.com/privacy By using our Services, you consent to the data practices described in our Privacy Policy. If you use our Services to process personal data of others, you must: Obtain necessary consents for processing such data Process such data in accordance with applicable data protection laws Not use our Services to process sensitive personal data without appropriate safeguards

8.3 Data Processing Agreement

If you are subject to data protection regulations such as GDPR and process personal data through our Services, you may request our Data Processing Agreement by contacting hello@usevibeai.com.

9. Term and Termination

9.1 Term

These Terms will commence when you download, install, or first use our Services and will continue until terminated as described below.

9.2 Termination by You

You may terminate these Terms at any time by: Canceling your subscription Deleting your account (by contacting hello@usevibeai.com)

9.3 Termination by Vibe AI

We may suspend or terminate your access to the Services at any time if: You violate these Terms You fail to pay any fees when due We are required to do so by law We decide to discontinue the Services We will make reasonable efforts to notify you of any suspension or termination.

9.4 Effect of Termination

Upon termination: Your license to use our Services will end You must cease all use of our Services You will lose access to your account and Content stored on our servers Vibe AI will delete your Content within 90 days after termination (unless legally required to retain it) You will not receive a refund for any prepaid fees

9.5 Survival

The following sections will survive termination: Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, and any other provisions that by their nature should survive termination.

10. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY GUARANTEES OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, VIBE AI AND OUR SUPPLIERS AND LICENSORS EXPLICITLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO GUARANTEES REGARDING THE ACCURACY, RELIABILITY, OR USEFULNESS OF THE SERVICES OR ANY CONTENT GENERATED THROUGH THE SERVICES, AND YOUR USE OF THESE IS ENTIRELY AT YOUR OWN RISK. SPECIFICALLY, WE DO NOT WARRANT THAT: THE SERVICES WILL MEET YOUR REQUIREMENTS THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE THE RESULTS FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS ANY ERRORS IN THE SERVICES WILL BE CORRECTED VIBE AI SPECIFICALLY DISCLAIMS ALL LIABILITY FOR: AI-GENERATED CODE THAT CONTAINS BUGS, ERRORS, OR SECURITY VULNERABILITIES CODE THAT FAILS TO MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS GENERATED CODE THAT BECOMES OBSOLETE OR INCOMPATIBLE WITH OTHER SYSTEMS ANY ISSUES RESULTING FROM INTEGRATION WITH OTHER SOFTWARE OR SERVICES ANY FORM OF DATA LOSS OR CORRUPTION SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIBE AI, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: YOUR USE OF OR INABILITY TO USE THE SERVICES ANY CHANGES TO THE SERVICES OR TERMINATION OF THE SERVICES UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES ANY OTHER MATTER RELATING TO THE SERVICES IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO VIBE AI DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.1 AI-Generated Code Liability Details

Vibe AI accepts no liability or responsibility for: AI-generated code that: Contains bugs, errors, or security vulnerabilities Fails to meet your specific requirements or expectations Does not achieve your intended business or technical goals Becomes obsolete or incompatible with other systems Causes issues when integrated with other software Results in any form of data loss or corruption AI system limitations or failures, including: Incorrect or incomplete code generation Misunderstanding of your requirements or prompts Generation of non-optimal or inefficient solutions Inconsistencies in code output quality Failures to follow best practices or coding standards

11.2 Business Impact Liability

Vibe AI accepts no liability or responsibility for business impact resulting from: Reliance on generated code in production systems Time or resources spent modifying generated code Project delays or missed deadlines Additional development costs or technical debt Integration challenges with existing systems Customer or user dissatisfaction Furthermore, we disclaim liability for third-party related issues: Compatibility problems with external services Licensing issues in generated code Security vulnerabilities in recommended dependencies Changes in external APIs or services Conflicts with other development tools THIS LIST IS NOT EXHAUSTIVE, AND VIBE AI'S LIMITATION OF LIABILITY EXTENDS TO ALL POSSIBLE ISSUES, WHETHER LISTED HERE OR NOT, ARISING FROM THE USE OF OUR AI-POWERED PLATFORM AND SERVICES. THESE LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. Indemnification

You agree to defend, indemnify, and hold harmless Vibe AI, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: Your use of the Services Your Content Your violation of these Terms Your violation of any rights of another person or entity Applications, websites, or services you create using our Services

13. Miscellaneous

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

13.2 Dispute Resolution

Any dispute arising from or relating to these Terms or your use of the Services shall be resolved exclusively in the state or federal courts located in Alameda County, California, and you consent to the personal jurisdiction of such courts.

13.3 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions provided by Vibe AI, constitute the entire agreement between you and Vibe AI relating to your use of the Services.

13.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.5 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

13.6 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. Vibe AI may assign these Terms without restriction.

13.7 Modifications to Terms

We may modify these Terms at any time by posting the revised Terms on our website and/or within the desktop application. Your continued use of the Services after any changes will constitute your acceptance of such changes. For significant changes, we will make reasonable efforts to notify you through the Services or via email. If you do not agree to the updated Terms, you must stop using the Services.

13.8 Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government actions, labor disputes, Internet service provider failures or any other unforeseen events.

14. Contact Information

If you have any questions about these Terms, please contact us at: Email: hello@usevibeai.com

15. Promotions and User Feedback

15.1 Promotions

We may offer promotions, contests, or sweepstakes, which may have additional terms and conditions.

15.2 User Feedback

We welcome feedback and suggestions We may implement any feedback without compensation Providing feedback grants us a perpetual, worldwide license to use it No credit or compensation is due for implemented suggestions By submitting feedback, you grant Vibe AI a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use, implement, modify, and distribute your feedback in any way and for any purpose.

16. DMCA Compliance

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). For any DMCA-related issues, contact us at hello@usevibeai.com with: Identification of the copyrighted work claimed to be infringed Identification of the allegedly infringing material Your contact information A statement of good faith belief in the infringement A statement of accuracy under penalty of perjury Upon receipt of a valid DMCA notice, we will take appropriate action, which may include removing or disabling access to the allegedly infringing material.

17. Abuse Reporting

If you encounter abuse of our Services, violations of these Terms, or other concerning behavior, please report it to hello@usevibeai.com. Reports should include: Description of the abusive or concerning behavior Relevant dates and times Any supporting information or evidence Your contact information (optional) We take abuse reports seriously and will investigate promptly, taking appropriate action as necessary.