Vibecheck

1. Introduction and Acceptance

Welcome to Vibecheck! These Terms of Service ("Terms") are a legally binding agreement between you and Vibecheck Labs Ltd. ("Vibecheck," "we," "us," or "our") governing your use of the Vibecheck mobile application, website, and related services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Please read these Terms carefully before using the Services. These Terms contain important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and a binding arbitration clause and class action waiver.

2. Will These Terms Ever Change?

We may modify these Terms at any time. If we make material changes, we will notify you by updating the "Effective Date" at the top of these Terms and, where appropriate, through the Services or by other means such as email. Your continued use of the Services after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Services.

3. What About My Privacy?

Your privacy is important to us. Please review our Privacy Policy, which describes how we collect, use, and share information about you when you use the Services. By using the Services, you agree to the collection, use, and sharing of your information as described in our Privacy Policy.

4. Age Restriction

The Services are intended solely for users who are 18 years of age or older. By using the Services, you represent and warrant that you are at least 18 years old. If you are under 18, you may not access or use the Services. We do not knowingly collect or solicit information from anyone under 18.

5. What Does Vibecheck Do for Me?

Vibecheck is a social networking platform that enables users to connect with others and build community. Our Services allow you to:

Create a profile and connect your social accounts
Discover and connect with other users
Manage your connections and network
Access features based on your connections

We may add, modify, or discontinue features of the Services at any time. We reserve the right to do so without prior notice.

6. What Are the Basics of Using Vibecheck?

Account Creation

To use the Services, you must create an account by authenticating with your X/Twitter account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.

Connections

The Services allow you to send connection requests to other users. Connections are established when another user accepts your request. You understand that the content and features available to you may depend on your connections.

Account Security

You are responsible for safeguarding your account credentials and for any activity on your account. You agree to notify us immediately if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account.

7. User Conduct

You agree not to use the Services to:

Violate any applicable law or regulation
Infringe the rights of any third party, including intellectual property, privacy, or publicity rights
Harass, abuse, threaten, or intimidate other users
Post or transmit any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable
Impersonate any person or entity or misrepresent your affiliation with any person or entity
Engage in any activity that interferes with or disrupts the Services
Attempt to gain unauthorized access to the Services or related systems
Use automated means (bots, scrapers, etc.) to access the Services without our express permission
Collect or harvest user data without consent
Use the Services for any illegal or unauthorized purpose

We reserve the right to investigate and take appropriate action against anyone who violates these Terms, including removing content, suspending or terminating accounts, and reporting violations to law enforcement.

8. What Are My Rights in the Services?

Your Content

You retain ownership of any content you submit, post, or display on or through the Services ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and display Your Content in connection with operating and providing the Services.

Our Intellectual Property

The Services, including all content, features, and functionality, are owned by Vibecheck Labs Ltd. and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written consent.

Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use such feedback for any purpose without any obligation to you.

9. Who Is Responsible for What I See?

The Services may contain content provided by other users or third parties. We do not control, endorse, or assume responsibility for any third-party content. You acknowledge that you may be exposed to content that is inaccurate, offensive, or otherwise objectionable, and you agree that Vibecheck is not liable for any third-party content.

The Services may also contain links to third-party websites or services. We are not responsible for the content, policies, or practices of any third-party websites or services. Your interactions with third parties are solely between you and the third party.

10. Will Vibecheck Ever Change the Services?

We are constantly working to improve the Services. We may add, modify, suspend, or discontinue any aspect of the Services at any time, without prior notice or liability. We may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.

11. Do the Services Cost Anything?

The Services are currently free to use. We reserve the right to introduce paid features or subscriptions in the future. If we do, we will provide you with notice and the opportunity to review any applicable pricing and terms before you are charged.

12. What If I Want to Stop Using the Services?

You may stop using the Services at any time. You may also delete your account by contacting us at support@vibecheck.io. Upon deletion, your account and associated data will be removed in accordance with our Privacy Policy.

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease.

The following sections will survive termination: Sections 8 (What Are My Rights in the Services?), 13 (Warranty Disclaimer), 14 (Limitation of Liability), 15 (Indemnity), 17 (Choice of Law), 18 (Arbitration Agreement), and 19 (Miscellaneous).

13. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

YOU USE THE SERVICES AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE SERVICES.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIBECHECK LABS LTD. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US, IF ANY, IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) $100 USD.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

15. Indemnity

You agree to indemnify, defend, and hold harmless Vibecheck Labs Ltd. and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any rights of any third party.

16. Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms or any rights or obligations hereunder without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

17. Choice of Law

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

18. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Agreement to Arbitrate

You and Vibecheck agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, "Disputes") will be resolved by binding individual arbitration rather than in court. This includes claims that arose before you accepted these Terms.

Class Action Waiver

YOU AND VIBECHECK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DECIDES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THE ARBITRATION AGREEMENT WILL BE VOID.

Arbitration Procedures

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in the State of Delaware, United States, unless you and Vibecheck agree otherwise. The arbitrator's decision will be final and binding.

Exceptions

Notwithstanding the above, either party may bring an individual action in small claims court or seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@vibecheck.io within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement.

19. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Vibecheck regarding the Services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Waiver

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

Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

Contact Information

If you have any questions about these Terms, please contact us at:

Vibecheck Labs Ltd.
13 W Main Street
P.O. Box 953
Felton, DE 19943
United States

Email: support@vibecheck.io