Terms of Service

1. Acceptance of Terms

By accessing or using VibeExe's services, you agree to comply with and be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with these Terms, you may not use our services.

These Terms apply to all users, including customers, visitors, and anyone who accesses or uses our services.

2. Service Description

VibeExe provides AI-powered business solutions, including:

• VibeCall: AI voice agent platform for customer communication and engagement
• VibeERP: AI intelligence layer for existing ERP systems with workflow automation
• VibePOS: Smart point-of-sale system with modern communication workflows
• Vibe Execute: Custom AI development and implementation services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice.

3. Account Registration and Security

Account Requirements

To use our services, you must:

• Be at least 18 years old or have legal capacity to enter into contracts
• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Use a valid business email address for business accounts

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your team members comply with these Terms

4. Acceptable Use Policy

You agree not to use our services to:

• Violate any laws, regulations, or third-party rights
• Transmit harmful, offensive, or inappropriate content
• Engage in fraudulent, deceptive, or misleading practices
• Interfere with or disrupt our services or servers
• Attempt to gain unauthorized access to our systems
• Use automated systems (bots, scrapers) without permission
• Reverse engineer or attempt to extract source code
• Resell or redistribute our services without authorization
• Use our services for spam or unsolicited communications
• Impersonate others or misrepresent your affiliation

5. Subscription and Payment

Fees and Billing

You agree to pay all fees associated with your subscription plan. Fees are:

• Billed in advance on a monthly or annual basis as selected
• Non-refundable except as required by law or stated in these Terms
• Subject to change with 30 days' notice
• Exclusive of applicable taxes, which you are responsible for

Payment Methods

You must provide a valid payment method and authorize us to charge all fees to that method. If payment fails, we may suspend or terminate your access to the services.

Cancellation and Refunds

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial months or unused services, except:

• Within 14 days of initial purchase (new customers only)
• In cases of service failures or breaches on our part
• As required by applicable consumer protection laws

6. Intellectual Property

Our Rights

All intellectual property rights in our services, including software, algorithms, AI models, designs, trademarks, and documentation, are owned by VibeExe or our licensors. These Terms do not grant you any ownership rights.

Your Data

You retain all rights to the data you submit to our services ("Customer Data"). By using our services, you grant us a limited license to:

• Process, store, and transmit Customer Data to provide our services
• Use aggregated and anonymized data to improve our products
• Create backups and ensure data redundancy

You represent and warrant that you have all necessary rights to provide Customer Data and that it does not violate any laws or third-party rights.

Custom AI Models

For Vibe Execute custom development projects, intellectual property ownership will be specified in a separate Statement of Work. Generally:

• Custom models trained on your data are owned by you
• Underlying platform and tools remain VibeExe property
• Pre-existing intellectual property is retained by each party

7. AI and Machine Learning Terms

AI Output

Our AI systems generate responses and outputs based on trained models. You acknowledge that:

• AI-generated content may not always be accurate or appropriate
• You are responsible for reviewing and verifying AI outputs before use
• We do not guarantee specific results or performance
• AI decisions should be monitored and validated by humans

Training and Improvement

We may use anonymized and aggregated usage data to improve our AI models and services. Individual customer data is not shared between clients unless explicitly agreed.

8. Service Level and Availability

We strive to provide reliable service but cannot guarantee:

• Uninterrupted or error-free access to our services
• That our services will meet your specific requirements
• That all bugs or defects will be corrected immediately

Service Level Agreements (SLAs) for uptime and performance may be available under enterprise plans and will be specified in separate agreements.

9. Data Protection and Privacy

We process your data in accordance with our Privacy Policy and applicable data protection laws. You are responsible for:

• Obtaining necessary consents to process customer data
• Complying with privacy laws applicable to your use of our services
• Ensuring your use of AI-powered features complies with regulations
• Providing required privacy notices to your customers

10. Termination

By You

You may terminate your account at any time through your account settings or by contacting support. Upon termination, you will lose access to your account and data.

By Us

We may suspend or terminate your access if:

• You violate these Terms or our Acceptable Use Policy
• Your account is involved in fraudulent or illegal activity
• Payment fails and is not remedied within 15 days
• We are required to do so by law
• We decide to discontinue the services (with 90 days' notice)

Effect of Termination

Upon termination:

• Your right to use the services immediately ceases
• We will delete your data within 30 days unless legally required to retain it
• You remain liable for any outstanding fees
• Provisions that should survive termination will remain in effect

11. Warranties and Disclaimers

As-Is Service: Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that our services will be uninterrupted, secure, or error-free, or that the results obtained will be accurate or reliable.

12. Limitation of Liability

To the maximum extent permitted by law, VibeExe shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Third-party content or actions

Our total liability for all claims arising from your use of our services shall not exceed the amount you paid us in the 12 months preceding the claim, or $1,000, whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless VibeExe and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your Customer Data or its use

14. Third-Party Services

Our services may integrate with or rely on third-party services (e.g., OpenAI, cloud providers, payment processors). Your use of such services is subject to their respective terms and privacy policies. We are not responsible for third-party services or their availability.

15. Dispute Resolution

Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

Arbitration

Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration, except where prohibited by law. You and VibeExe agree to waive the right to a jury trial or to participate in a class action.

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending an email to your registered email address
• Providing notice through our services

Changes become effective 30 days after notification. Continued use of our services after changes take effect constitutes acceptance of the new Terms.

17. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any applicable Order Forms or Statements of Work, constitute the entire agreement between you and VibeExe.

Severability

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

Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

18. Contact Information

For questions about these Terms, please contact us: