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VibecheckAI Terms of Service

Last Updated: May 27, 2025

1. Acceptance of Terms

Welcome to VibecheckAI! These Terms of Service (“Terms”) are a binding legal agreement between you (“User” or “you”) and VibecheckAI (“Company,” “we,” or “us”) governing your use of the VibecheckAI mobile and web application, website (vibecheckai.app), and related services (collectively, the “Service”). By creating an account, purchasing a subscription, or otherwise accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of the Terms, do not use the Service. Your use of the Service is also subject to our Privacy Policy, which describes how we collect, use, and disclose your personal information. By using VibecheckAI, you consent to our data practices as described in the Privacy Policy. The Service is offered only as a monthly paid subscription to registered users – you must create an account and pay any applicable subscription fees before accessing or using VibecheckAI’s features.

2. Accounts and Eligibility

Account Registration

To use VibecheckAI, you must create an account with a valid registration (such as providing a current email and password or using a supported third-party login). You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. If you suspect any unauthorized use of your account, notify us immediately. We are not liable for any loss or damage arising from your failure to safeguard your account information.

Eligibility and Age Requirements

VibecheckAI is not intended for children under 13 years of age. Persons under 13 are not permitted to use the Service without parental consent and supervision. If you are between 13 (or the minimum age in your jurisdiction) and 18 years old (or under the age of legal majority where you live), you may only use the Service under the permission and responsibility of a parent or legal guardian. By using VibecheckAI, you represent that you meet these age requirements or have the necessary parental consent. Parents and guardians of minors agree to supervise the minor’s use and be fully responsible for the minor’s activity on the Service.

User Conduct

You agree to use the Service only for lawful purposes and in compliance with these Terms and all applicable laws. You are responsible for all content and data that you upload or provide and for your interactions with the Service and other users.

3. Subscription, Fees, and Payment Terms

Paid Subscription

VibecheckAI is a paid, subscription-based service. By subscribing, you authorize us (or our third-party payment processor or app store, as applicable) to charge you the stated subscription fee (plus any applicable taxes) on a recurring monthly basis. All fees are in U.S. Dollars (unless otherwise specified) and are payable in advance for each subscription period.

Auto-Renewal

Subscriptions automatically renew at the end of each billing cycle for an additional equivalent term (e.g. monthly), unless you cancel before the next renewal date. We will charge the same payment method you initially provided, at the then-current subscription rate, until you cancel.

Cancellation

You may cancel your subscription at any time. To avoid being charged for the next period, you must cancel at least 24 hours before your renewal date. You can manage or cancel your subscription through your account settings on our website or, if you subscribed via a mobile app marketplace (such as Apple App Store or Google Play), through your app store account settings. Cancellations take effect at the end of the current billing period – you will continue to have access to the Service until the end of the period you already paid for. We do not provide refunds or credits for partial subscription periods, except where required by law or stated otherwise herein.

Refunds and Trial Periods

All payments are non-refundable. If we choose to offer a free trial or promotional offer, the specific terms of that offer will apply. Once a paid subscription begins (for example, after a free trial ends or upon renewal), no refunds will be issued for that billing cycle. Note for EU/EEA Consumers: If you are entitled by law to a “cooling-off” period or Right of Withdrawal (such as the 14-day withdrawal period for certain online services in the EU), we honor those rights in accordance with applicable law. However, if you consent to immediate service performance (i.e. you start using VibecheckAI’s paid features) during the cooling-off period, you acknowledge that you waive any right to cancel and obtain a refund for services already rendered.

Changes to Fees

We reserve the right to change our subscription plans or adjust pricing for the Service. If the subscription price changes, we will provide you notice in advance (for example, via email or in-service notification) and the new rate will apply upon your next billing cycle. If you do not agree to a pricing change, you may cancel your subscription before the new price takes effect. Continued use of the Service after the price change constitutes acceptance of the new rates.

Taxes

Subscription fees are exclusive of any taxes or duties, unless stated otherwise. You are responsible for any sales, use, value-added, or similar taxes applicable to your subscription (other than taxes on our income). We may charge tax as required by law.

4. User Content and Conduct

Your Content and License to Us

VibecheckAI allows you to upload or submit photos and related data (“User Content”) in order to analyze your emotional “vibe”. You retain ownership of all photos and other content you provide to the Service – we do not claim ownership of your raw images or personal content. However, by uploading or submitting content, you grant us a license to use, process, copy, modify, and analyze that content for the purposes of operating and improving the Service and as otherwise permitted by our Privacy Policy. This license is non-exclusive, worldwide, royalty-free, and includes the right for us to sublicense content to trusted third-party service providers solely as needed to provide the VibecheckAI service. This license is limited to the scope of providing the Service – we will not use or disclose your uploaded photos for any purposes outside of Service functionality, improvement, or legal compliance without your consent. You can delete your photos from the Service at any time; once deleted (or upon termination of your account), we will cease any further use of your content except to the extent retention is permitted or required by law or as described in Section 5 below. By uploading any User Content, you represent and warrant that you have all necessary rights and permissions to do so and to grant us the above license. Do not upload any photos or content that you do not have the right to use or share. In particular, if your content depicts individuals other than yourself, you must have obtained consent from those individuals (or, if they are minors, from their parent/guardian) for the use of their image in this Service. You also agree not to upload any content that infringes or misappropriates any third party’s intellectual property, privacy, or publicity rights.

Acceptable Use Policy (Prohibited Content and Activities)

We reserve the right (but do not assume the obligation) to review, monitor, and/or remove any User Content or accounts that, in our sole judgment, violate these Terms or applicable laws. Violation of this Acceptable Use Policy may result in suspension or termination of your account and may also expose you to legal consequences.

5. Privacy and Data Use

Your privacy is important to us. By using VibecheckAI, you agree that we can collect, use, and share your data as described here and in our Privacy Policy. This includes the following key disclosures:

For more details on how we handle user data, please review our Privacy Policy. While we implement robust security measures to protect your data, no service can guarantee 100% security. In the event of any data breach or incident affecting your personal data, we will notify you as required by law.

6. Third-Party Services and Links

VibecheckAI uses third-party AI and cloud services behind the scenes. While we strive to choose reputable providers and oversee their performance, we do not have full control over their operations. The Company disclaims liability for the actions or omissions of third-party service providers used in connection with VibecheckAI, provided we have exercised reasonable care in selecting and instructing them. The Service or website may contain links to third-party websites or services that are not owned or controlled by VibecheckAI. Your use of any third-party site or service is at your own risk and subject to that third party’s terms and policies.

7. Intellectual Property Rights

The VibecheckAI Service (including all software, code, algorithms, text, images, graphics, logos, trademarks, and other content we provide, excluding your User Content) is the property of VibecheckAI or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use the Service for your own personal, non-commercial use. We reserve all rights not expressly granted in these Terms. You may not copy, reproduce, distribute, publicly perform, or create derivative works from our content or software, nor reverse engineer or attempt to extract the source code of our software, except to the extent that such restriction is prohibited by law.

Feedback

If you choose to provide suggestions, ideas, or feedback to us about VibecheckAI (“Feedback”), you hereby grant us a perpetual, sublicensable, worldwide, royalty-free license to use and incorporate your Feedback into the Service or our business without any obligation to you.

8. No Medical or Professional Advice (Use Disclaimer)

VibecheckAI provides analyses of facial expressions or appearance to give an AI-generated assessment of your perceived “vibe” or emotional state. These results are for personal, informational, or entertainment purposes only. VibecheckAI is not a medical, psychological, or mental health service, and its assessments do not constitute medical, psychiatric, or therapeutic advice. The Service is not intended to diagnose, treat, cure, or prevent any condition. You should not interpret any “vibe” result as a professional opinion about your health or wellbeing, and you should not rely on VibecheckAI as a substitute for consultation with qualified healthcare or counseling professionals.

No Guarantee of Accuracy

The emotional “vibe” analysis provided by our AI is not guaranteed to be accurate or reliable. AI algorithms can sometimes produce incorrect, biased, or misleading results. Many factors (lighting, image quality, individual differences, etc.) can affect the analysis. Results may vary for different images and should not be solely relied upon for making important decisions. Any reliance you place on the Service’s results is at your own risk. If you have serious concerns about your emotional state or mental health, or that of someone else, please seek help from a qualified professional.

9. Disclaimers of Warranties

VibecheckAI is provided “AS IS” and “AS AVAILABLE,” without any warranties of any kind. To the fullest extent permitted by law, we (and our affiliates, suppliers, and licensors) expressly disclaim all warranties, express or implied, regarding the Service and its results, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that the Service will meet your requirements or achieve any intended results. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, or that any results (including vibe analysis outputs) will be accurate or reliable.

No Warranty for Content

You understand that use of VibecheckAI involves sending your photos and data over the internet to be processed by AI, and there are inherent risks in any internet service. We make no warranty that the Service or our servers are free of viruses or other harmful components, or that any content or information obtained through the Service will be correct or reliable. Any advice or information you obtain from VibecheckAI (or from any written output, reports, or messages from the Service) does not create any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, we disclaim warranties to the maximum extent permitted by applicable law.

10. Limitation of Liability

To the maximum extent permitted by law, VibecheckAI’s (and its affiliates’ and providers’) total liability to you for any and all claims arising out of or relating to these Terms or the Service is limited to the amount you have paid us for the Service in the 12 months prior to the claim (or, if greater, USD $100). If you have not paid any amount (for example, if you are using a free trial or free portion of the Service), our total liability to you shall not exceed $100. In no event will we (or our directors, officers, employees, agents, partners, suppliers, or licensors) be liable to you for any indirect, incidental, special, consequential, or punitive damages whatsoever arising out of or in connection with your use of (or inability to use) the Service. This includes, without limitation, any damages for lost profits, lost data, loss of goodwill, business interruption, device damage, or personal injuries or emotional distress arising from or related to your use of the Service or any information obtained from the Service. These limitations apply regardless of the legal theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages or if a remedy fails of its essential purpose. Some states or jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the minimum extent required by law. Nothing in these Terms shall limit or exclude any liability that cannot be excluded by law – for example, liability for gross negligence, willful misconduct, or liability that by law cannot be limited or excluded.

11. Indemnification

You agree to indemnify, defend, and hold harmless VibecheckAI, its parent company, affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) that arise out of or relate to: (a) your use of the Service; (b) your User Content (including our use of your content as permitted by these Terms); (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you (in which case you agree to cooperate with our defense of that claim). You agree not to settle any such matter without our prior written consent.

12. Termination and Suspension

You may stop using the Service and/or delete your account at any time. If you wish to terminate your account, you may do so through the account settings or by contacting customer support. Terminating your account will automatically cancel any future subscription renewals (effective at the end of the then-current paid period), and you will lose access to paid features after your subscription period ends. Upon account deletion, we will handle your data as described in Section 5. We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms or if we otherwise determine it is necessary. If we terminate your account due to your breach of these Terms, you will not be entitled to any refunds for subscriptions or unused services (to the extent permitted by law). If we terminate the Service entirely in a way not due to your breach, we will provide a pro-rata refund for any prepaid period that you can no longer use.

13. Dispute Resolution (Arbitration & Class Action Waiver)

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service will be resolved through final and binding arbitration rather than in court, except for certain claims as described in the full Terms. By agreeing to these Terms, you are waiving your right to a jury trial and to participate in a class action. Please read this section carefully for details on your rights and obligations.

14. Governing Law

These Terms and any dispute arising out of or relating to the Service will be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles. If you reside outside the United States, you may be entitled to the protection of certain mandatory consumer protection provisions under the laws of your country of residence, but in all other respects, the laws of California will apply.

15. Changes to Terms

We may update or modify these Terms from time to time. If we make material changes, we will provide you with notice (e.g., by email notification or a prominent notice within the app) prior to the change becoming effective. The latest version of the Terms will always be posted on our website. Continued use of the Service after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to a revised term, you must stop using the Service and cancel any subscriptions before the new Terms take effect.

16. Miscellaneous

These Terms (along with the Privacy Policy and any additional guidelines or policies we post and incorporate by reference) constitute the entire agreement between you and VibecheckAI regarding your use of the Service. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions of the Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not operate as a waiver of that provision or any other provision. You may not assign or transfer these Terms without our prior written consent. We may freely assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.

17. Contact Information

If you have any questions, concerns, or feedback about these Terms or the Service, please contact us at support@vibecheckai.app. We will do our best to respond to your inquiry.

By using VibecheckAI, you acknowledge that you have read, understood, and agree to these Terms of Service. Thank you for checking your vibe responsibly!