Terms of Use Agreement

Last Updated Date: January 11, 2024

Welcome and thank you for your interest in Vibecode Inc. ("Vibecode", "we", "us" or "our"). This Terms of Use Agreement ("Terms of Use", and together with any applicable supplemental terms, the "Agreement") describes the terms and conditions that apply to your use of (i) the website located at tryvibetrade.com and its subdomains (collectively, the "Website"), (ii) any mobile application(s) that we offer that are subject to these Terms of Use (each, an "Application"), and (iii) the services, content and other resources available on, provided by, or enabled via our Website or any Application (collectively, the "Service").

Please read this Agreement carefully. This Agreement governs the use of the Service and applies to all users visiting or accessing the Service. By accessing or using the Service in any way, accepting this Agreement by clicking on the "I Accept" button, completing the account registration process, browsing the Website or downloading the Application, you represent that: (i) you have read, understand, and agree to be bound by this Agreement, (ii) you are of legal age to form a binding contract with Vibecode, (iii) you are not barred from using the Service under the laws of the United States, your place of residence, or any other applicable jurisdiction, and (iv) you have the authority to enter into this Agreement personally or on behalf of an entity, if you are accessing or using the Service on behalf of such entity. If the individual entering into this Agreement is doing so on behalf of an entity, all references to "you" or "your" in this Agreement will be deemed to refer to such entity. If you do not agree to be bound by these Terms of Use, you may not access or use the Service.

1. Eligibility and Accounts

To use the Service you must register for an account and provide accurate, current, and complete information. You are solely responsible for safeguarding your credentials and for all activities that occur under your account. Notify Vibecode immediately of any unauthorized use or suspected breach. Vibecode reserves the right to suspend or terminate any account that violates these Terms, is inactive for an extended period, or is used in a manner that we believe is fraudulent, abusive, or otherwise harmful.

2. License and Acceptable Use

Vibecode grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. You agree not to copy, modify, distribute, sell, or lease any part of the Service; reverse engineer or attempt to extract the source code; use any automated means to access the Service; interfere with or disrupt any server or network connected to the Service; or use the Service for any unlawful, infringing, or harmful purpose.

3. Subscription and Payment

Certain features of the Service may require payment of fees. By purchasing a subscription or paid feature, you agree to pay all applicable fees and taxes. Unless otherwise noted, subscriptions renew automatically for successive periods of the same duration as the initial term at the prevailing rate. You may cancel a renewal through your account settings prior to the renewal date. Fees are non-refundable except as required by law or as otherwise expressly set forth in writing by Vibecode.

4. Content and Ownership

All content, trademarks, logos, and other intellectual property rights in the Service are owned by Vibecode or its licensors and are protected by copyright and other laws. Vibecode does not claim ownership of content that you submit to the Service, but you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, and display such content as necessary to operate and improve the Service. You are responsible for ensuring that any content you provide does not infringe the rights of any third party.

5. Disclaimers and Limitation of Liability

The Service is provided on an "as is" and "as available" basis without warranties of any kind. Vibecode disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. To the maximum extent permitted by applicable law, Vibecode will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising in connection with your use of the Service.

6. Termination

Vibecode may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. Upon termination, your right to use the Service will immediately cease, and any provisions of this Agreement which by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Governing Law

This Agreement and any disputes arising out of or related to it will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Each party consents to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California for the resolution of any such disputes.

If you have any questions about these Terms of Use, please contact us at support@tryvibecode.com.