You agree that by downloading, installing, registering for a User Account, or using the Services, you (A) acknowledge that you have read and understand this Agreement and our Privacy Policy; (B) represent that you are of legal age to enter into a binding agreement or that, if you are not, your legal guardian has reviewed and agrees to this Agreement and our Privacy Policy on your behalf and is granting you permission to use the Services; and (C) accept this Agreement and our Privacy Policy and agree that you are legally bound by the terms hereof and thereof.
IF YOU DO NOT AGREE TO THIS AGREEMENT OR ANY OF THE TERMS HEREOF, YOU MUST DELETE THE APPLICATION FROM ALL OF YOUR DEVICES AND CEASE ALL USE OF THE SERVICES.
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CHANGES TO THE AGREEMENT. We reserve the right revise and update this Agreement from time to time in our sole discretion. When we do, we will provide you with notice by posting a notice on the Services, by sending you an email, or by any other means we reasonably deem appropriate. All changes are effective immediately when we post, send, or otherwise transmit notice thereof, and apply to all access to and use of the Services and any Created Apps thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Arbitration sections below will not apply to any disputes for which the parties have actual notice before the date the change is posted, sent, or otherwise transmitted. Your continued use of the Services following such notice means that you accept and agree to the changes. If you do not agree to the revised or updated Agreement, your sole remedy is to discontinue your use of the Services and any Created Apps and delete all of the foregoing from all of your Devices.
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Eligibility. The Services are intended solely for users who are 13 years of age or older who reside in the United States. If you are not located in the United States, or if you are under the age of 13, you are not permitted to use the Services. If you access the Services from outside the United States in violation of this policy, you are solely responsible for compliance with local laws.
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Services; Generative AI.
- The Services enable you create mobile software applications (“Created Apps”) without requiring you to code the Created Apps directly. Using visual, text, and audio inputs, the Services may be able to code a Created App that you may use in accordance with this Agreement.
- The Services use artificial intelligence and large language models (“AI Technology”) to develop Created Apps. These technologies are new and developing and may generate Created Apps and other outputs that contain incorrect, incomplete, inaccurate, outdated, or biased information. Created Apps and other outputs may be defective or contain errors, security flaws, and/or third-party intellectual property, and may not operate as intended. You should not rely on any Created Apps or other outputs, and you are solely responsible for independently confirming the accuracy, functionality, and suitability thereof.
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License Grant. Subject to your compliance with terms of this Agreement, we grant you a limited, personal, revocable, non-exclusive, and nontransferable license to download, install, and use the Services for your personal, non-commercial use on a reasonable number of personal devices owned or otherwise controlled by you (“Devices”) strictly in accordance with the Application’s documentation. You are solely responsible for the internet connection and/or mobile or other charges that you may incur for accessing and/or using the Services on your Devices.
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License Restrictions. You shall not:
- copy the Services, except as expressly permitted by the license granted in the foregoing Section hereof (License Grant);
- access the Services through any automated or non-human means;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
- use any data mining tool, robots, or similar data gathering or extraction tools in connection with the Services or otherwise harvest, collect, or store information about users or use such information for any purpose inconsistent with the purpose of the Services or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications;
- use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any content or services contained in the Services;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
- circumvent, disable, or otherwise interfere with any security-related features of the Services;
- frame of or link to the Services without our authorization;
- rent, lease, lend, sell, resell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where they are capable of being accessed by more than one device at any time;
- engage in any conduct that restricts, inhibits, or otherwise interferes with the ability of any other person to use or enjoy the Services;
- use the Services to transmit or distribute material that may be harmful to or interfere with the Services or any third party’s networks, systems, services, or websites (such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, overburden, or limit the functionality of any computer software or hardware or telecommunications equipment);
- use the Services on behalf of any third party without their consent or knowledge;
- use the Services or take any action in a way that places an unreasonable or disproportionately large load on our infrastructure;
- access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality or for any competitive purpose including without limitation benchmarking or competitive analysis;
- use the Services in violation of any applicable laws or regulations, including without limitation any export controls and sanctions;
- use the Services in violation of our or any third party’s intellectual property or other proprietary or legal rights;
- use the Services to send any unauthorized advertising or promotional material;
- use the Services in violation of this Agreement; or
- interfere with or disrupt the Services, including but not limited to any servers or networks connected thereto.
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Reservation of Rights. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services (including without limitation all source code, databases, functionality, software, algorithms, designs, audio, text, and grapichs embodied therein, and all copyrights, trademarks, and other intellectual property rights therein or relating thereto) except as expressly licensed to you in this Agreement, and to the Company’s trademarks, service marks, and logos.
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Accounts; Termination.
- You must create an account (a “User Account”) to use the Services. You agree to provide accurate, current, and complete information at all times and to update such information as necessary. You are solely responsible for keeping your User Account secure and confidential, and you will be solely responsible for all activities that occur under or in connection with your User Account. You agree to notify us immediately of any unauthorized use of your User Account or any other breach of the security of your User Account or any Created App. By creating a User Account, you are agreeing and opting in to receive communications from us via the Application, email, SMS, or any other means of communication. You may opt out of such communications as provided in our Privacy Policy.
- We may suspend, terminate, modify, or delete your User Account and/or any subscription you have purchased at any time for any reason, with or without notice to you, if: (i) you breach any term of this Agreement, (ii) you fail to timely pay or chargeback any fees you agreed to pay for the Services, (iii) if your User Account has not been used for 180 days or more, (iv) we determine to do so in our sole discretion, with or without cause. If we suspend, terminate, or delete your User Account for any reason, you are prohibited from registering or creating a new user account under your name or any other name.
- You understand that if you or we terminate or delete your User Account, you will lose access to any data associated with your User Account, including all Created Apps. You may not be able to recover or access such data, even if you repurchase a subscription.
- All provisions of this Agreement which by their nature should survive any termination or deletion of your account shall survive, including, without limitation, provisions relating to intellectual property, disclaimers of warranty, limitations of liability, indemnification, governing law, arbitration, and miscellaneous.
- YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE IN CONNECTION WITH THE SERVICES.
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Transactions. Certain features of the Services may be available for free. However, we generally require you to maintain a paid subscription to use the Services, at the fees we then charge as set forth in the relevant App Store. We may also from time to time offer paid subscriptions or one-time fees which provide access to features or functionality different from or in addition to those available in our basic Services.
- Subscriptions. By clicking in the Application or the relevant App Store to purchase a subscription, you are agreeing to purchase a recurring subscription in accordance with this Agreement and any additional terms displayed to you within the Application or App Store at the time of purchase, including without limitation a monthly recurring fee at the rates we then charge as set forth in the Application and the relevant App Store. You agree to pay all fees for any subscription you purchase until your subscription is canceled by you or by us in accordance with this Agreement and the terms of the applicable platform as set forth below. Your cancellation will take effect at the end of the current paid subscription term. You will not receive any pro-rata refund for any amounts paid under a subscription license. We may automatically terminate your subscription if any payment owed by you does not successfully process for any reason or is subject to a chargeback.
- Termination of Subscriptions. You may terminate any subscription within the Application under Manage Subscription: vibecodeapp.com/dashboard. You may also terminate any subscription within the applicable platform as follows:
- For Apple, click here.
- For Google, click here.
- Changes in Fees. We may change the fees associated with any subscription or any features at any time in our sole discretion, with advance notice to you. If you do not agree to any increased subscription fees, your sole recourse is to cancel your subscription prior to its auto-renewal, or you will be responsible to pay all increased fees. If you do not agree to any increased fees, your sole recourse is to cancel your subscription.
- Platform Terms. All fees for subscriptions and other features will be charged by the applicable platform on which you use the Services (e.g. Apple or Google), and such platform’s payment terms will apply. You are responsible for reviewing the applicable platform’s payments terms.
- For Apple, click here.
- For Google, click here.
- Taxes. You agree to pay all applicable taxes incurred in connection with any transactions made on or through your Devices or User Account.
- ALL PAYMENTS FOR SUBSCRIPTIONS AND OTHER FEATURES ARE NON-REFUNDABLE. WE DO NOT ISSUE REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS OR FOR UNUSED FEATURES, EVEN IF WE CHANGE OR ELIMINATE FEATURES OF THE SERVICES. IF YOU NO LONGER WANT TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICATION OR THE APPLICABLE SERVICE PRIOR TO THE END OF THE PERIOD THAT YOU HAVE ALREADY PAID FOR.
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Collection and Use of Your Information. You acknowledge that when you download, install, or use the Services, we may use automatic means (including, for example, cookies, pixels, and web beacons) to collect information about you, your Devices, and your use of the Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Services or certain of its features or functionality, and the Services may provide you with opportunities to share information about yourself with us and with third parties. All information we collect through or in connection with the Services is subject to our Privacy Policy.
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Ownership of User Content and Created Apps. As between the parties, any information, materials, or other communications you transmit or submit to the Services or to us by any other means (“User Content”) will remain your property. User Content will in no event include any Personal Information covered by our Privacy Policy. You will and hereby do grant to the Company a non-exclusive, perpetual, transferable, sublicensable, royalty-free, irrevocable, worldwide license to use, process, store, and analyze your User Content (i) to develop Created Apps and provide the Services to you and (ii) to develop, optimize, and/or train our and/or our partners’ AI Technology and the Services, without any obligation to compensate you. For the avoidance of doubt, you acknowledge and agree that once any User Content is submitted to us, the effects of the development, optimization, and/or training of AI Technology and the Services are permanent and irreversible, and such User Content cannot be isolated or extracted from the AI Technology or the Services. As between the parties, you own the Created Apps developed by the Services based on your inputs, and we do not claim any copyright in the code generated by the Services for Created Apps. Nonetheless, we cannot and do not make any guarantees about your ability to own any code created by the Services for Created Apps. It is possible that such code may not be capable of copyright ownership given various jurisdictions’ laws on AI-generated content and given that the Services may incorporate open source code into Created Apps. While we will not own any code created by the Services for Created Apps, we do not undertake to provide such code to you at any time. It is possible that, in the future, we may make available a feature that allows you to download such code for a fee, but we may not ever make such feature available. Unless and until we do, you will be required to continue your subscription in order to continue to utilize any Created Apps.
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Responsibility for User Content.
- We do not and cannot review all of your User Content or the user content of any third-party users of the Services, and the Company shall not be responsible for the content or results of any of your User Content or the user content of any third-party users of the Services, or for monitoring any of the foregoing on the Services. The Company reserves the right to block users or to remove User Content or materials that it determines to be in violation of this Agreement or other Company policies.
- By making User Content available on or through the Services, you represent, warrant, and agree that (i) you have the right to make such User Content available; (ii) the User Content will not violate or infringe upon the rights of any third party, including without limitation copyright, trademark, privacy, publicity, attorney-client privilege, or other personal or proprietary rights; and (iii) the User Content will not violate any applicable law or regulation.
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Content Standards. These content standards apply to all User Content and your use of the Services. User Content and your use of the Services must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, neither your User Content nor your use of the Services will:
- Contain or involve any material that is defamatory, obscene, scandalous, profane, indecent, abusive, offensive, threatening, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Engage in deceptive practices, mislead others, or conduct fraudulent activities, including without limitation any phishing or catfishing; or
- Impersonate any person or business, or misrepresent your identity or affiliation with any person or organization, or otherwise be likely to deceive any person.
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Updates; Availability and Features of the Services.
- We may from time to time in our sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Services. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services, including without limitation the continued support of any Created Apps (including without limitation development, modification, hosting, and the like). Based on your Device settings, when your Device is connected to the internet either: (i) the Application will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates.
- You shall promptly download and install all Updates, and you acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of this Agreement.
- We reserve the right to change, suspend, remove, or disable access to the Services or any features or functionality thereof, including without limitation any Created Apps, at any time with or without notice. Without limiting the generality of the foregoing, we may suspend or stop providing the Services or any Created Apps altogether.
- We will have no liability for any Update, or for any change, suspension, removal, or disabling of access to the Services or any features or functionality thereof, including without limitation any Created Apps, or for any suspension or cessation of the Services or the support of any Created Apps (including without limitation development, modification, hosting, and the like).
- There may be times when the Services or a Created App or a part thereof is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis, and we shall have no liability for any such unavailability.
- Nothing in this Agreement shall be construed to obligate us to maintain or support the Services or to supply any corrections, updates, or releases in connection therewith.
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Service Management. We reserve the unrestricted authority to manage the Services as we see fit. Without limiting the foregoing provision or any other term of this Agreement, we reserve the right to, without limitation:
- Monitor your use of the Services including without limitation any aspect of any Created Apps;
- Restrict access to, limit the availability of, or disable any of your User Content including without limitation any Created Apps, or any portion of any of the foregoing; and
- Remove or disable any files, content, or Created Apps that are excessive in size or volume or are otherwise in any way burdensome on our systems.
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Third-Party Materials. The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. The Company does not endorse or make any warranty with respect to the content or accuracy of any Third-Party Materials or of the business practices of any third parties. You should carefully review the privacy statements and other conditions of use on any Third-Party Materials that you visit.
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Disclaimer of Warranties.
- THE SERVICES ARE PROVIDED TO YOU “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
- WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ACTIONS TAKEN OR NOT TAKEN OR THE PERFORMANCE OR NON-PERFORMANCE OR OPERATION OF ANY CREATED APPS.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
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Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR:
- PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
- DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES, INCLUDING ANY IN-APP PURCHASES, DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
- THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
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Indemnification. You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Services and any Created Apps or your breach of this Agreement, including but not limited to any User Content you submit or make available through the Services or any Created Apps you create through the Services. Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any indemnifiable matter, at your sole cost and expense, and you agree to cooperate with our defense of such claims at your sole cost and expense.
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Governing Law. All matters relating to the Services, any Created Apps, and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) and the Federal Arbitration Act.
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ARBITRATION.
- You and the Company agree that any dispute arising out of or related to the Services, any Created Apps, or this Agreement, and/or any goods or services purchased from the Company or otherwise in connection with the Services, will be exclusively resolved through final and binding confidential arbitration pursuant to the then-current rules of ADR Services, Inc. (“ADR”) before a single neutral arbitrator working under the auspices of ADR. The arbitration shall be held in San Francisco, California. The parties and the arbitrator shall maintain the confidential nature of the arbitration proceedings and resolution thereof, except as may be necessary to prepare for or conduct the arbitration proceedings, and except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an arbitration award or its enforcement, or unless otherwise required by law or judicial decision. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from any state or federal court of competent jurisdiction located in San Francisco, California to prevent irreparable harm to its intellectual property pending the conclusion of any arbitration.
- THERE IS NO JUDGE OR JURY IN ARBITRATION. BY USING THE SERVICES AND AGREEING TO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO HAVE ANY DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY. Further, court review of any arbitration award is limited.
- Notwithstanding any provision in this Agreement to the contrary, the prevailing party, as determined by the arbitrator or by a court of competent jurisdiction, shall be entitled to recover his, her, or its reasonable attorneys’ fees and costs and expenses incurred in connection with the arbitration or litigation.
- YOU AGREE THAT ANY ARBITRATION WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. IN NO EVENT MAY ANY SUCH ARBITRATION BE BROUGHT ON BEHALF OF A CLASS OR IN ANY OTHER CONSOLIDATED OR REPRESENTATIVE ACTION. Any claim that all or part of the foregoing class waivers is invalid, unenforceable, unconscionable, or void may be determined only by a court. Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid, unenforceable, unconscionable, or void, neither you nor the Company will be entitled to arbitration.
- 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to support@vibecodeapp.com with the subject line, “MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (a) the effective date of this Agreement; or (b) the first date that you used the Services that contained any version of the Agreement that included this version of the mandatory arbitration and class action waiver, whichever is later. If you timely opt out of these provisions, the Company also will not be bound by them.
- Notwithstanding anything to the contrary in this Agreement, if any part of this arbitration agreement or class action waiver is found to be invalid or unenforceable, then this entire Sectio (Arbitration) shall be null and void.
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Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICES, ANY CREATED APPS, OR THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
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Copyright Policy.
- We respect the intellectual property of others and ask that users of the Services do the same. In connection with the Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through use of the Services, unlawfully infringing your copyrights in a work, and wish to have the allegedly infringing material removed, all of the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our Designated Copyright Agent:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed;
- identification of the copyrighted works that you claim to have been infringed;
- identification of the material on our Services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
- If you believe that any content or materials you uploaded, posted, or submitted to the Services, that were subsequently removed from the Services, or to which access was disabled, improperly removed or disabled, please provide the following counter-notification to our Designated Copyright Agent:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
- Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
- The Designated Copyright Agent for Company is:
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Name: Copyright Agent
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Address: 2261 Market Street Suite 85126
San Francisco, CA 94114
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Telephone: 650.550.1409
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Email: dmca@notanumber.com
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Miscellaneous.
- Waiver. No waiver by the Company of any term of this Agreement shall be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
- Severability. If any provision of this Agreement is held by an arbitrator or by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
- Entire Agreement. This Agreement and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Services and any Created Apps and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services and any Created Apps.
- Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Relationship of the Parties. Nothing in this Agreement is intended to or shall be construed as creating any agency, partnership, joint venture, employment, or any other form of legal association between you and the Company.
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Feedback. If you provide us with any feedback, ideas, suggestions, recommendations, or other similar communications or materials (collectively, “Feedback”), we are free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You will and hereby do assign to the Company all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
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Your Comments and Concerns. The Services are operated by Not a Number Labs Incorporated. All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@vibecodeapp.com.