VibeCall - Terms of Use

1. Introduction

Welcome to VibeCall. By accessing or using our platform ("Service"), you agree to comply with the terms outlined in this Terms of Use Agreement ("Agreement"). This Agreement is legally binding and conditions your use of the Service. Should you disagree with any of the terms presented, you must refrain from using the Service.

2. Eligibility and Account Responsibilities

To access and use the Service, you must be at least 18 years of age and possess the legal capacity to enter into binding contracts. You affirm that you do not reside in any jurisdiction where use of our Service is prohibited by law. You are responsible for providing accurate registration information and for maintaining the security of your account credentials. You accept responsibility for all activities that occur under your account.

3. Subscription Terms, Fees, and Payment

VibeCall offers various subscription plans with differing features and pricing tiers, which are subject to change. Subscriptions are billed in advance on a periodic basis and will automatically renew under the initial terms unless cancelled by either party. Subscriptions may be managed and cancelled through the user's account settings. Refunds for unused portions of the Service are discretionary and only provided where required by applicable law.

4. User Content and Conduct

You are solely responsible for the content you upload, post, or otherwise transmit via the Service and for your interactions with other users. You agree not to engage in any unlawful, misleading, malicious, or discriminatory activity; to not post content that infringes or violates someone else's rights or otherwise violates the law. VibeCall reserves the right to terminate your account if you violate any of these prohibitions.

5. Intellectual Property Rights

VibeCall owns all rights in the Service and its contents, including copyrights, trademarks, patents, and trade secrets. You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, except laws prohibit these restrictions.

6. Privacy and Data Use

VibeCall is committed to protecting the privacy of its users as described in our Privacy Policy, which outlines our practices concerning the collection, use, and disclosure of your information. By using the Service, you agree to the collection and use of your information in accordance with our Privacy Policy.

7.User-Generated Content and Interactions

8.Images and Text:

All images, voice, and text information uploaded by users on the VibeCall platform are the sole responsibility of the users. VibeCall does not claim ownership of user-generated content, and users are encouraged to carefully evaluate the content they upload.

9.AI Interactions:

The primary experience on VibeCall is derived from interactions with AI agents, which are designed to provide engaging and entertaining responses. These AI-generated responses are not from real users, and VibeCall is not responsible for any actions or decisions made based on these interactions.

10.Data Security:

We do not collect or share user data for purposes such as training more advanced models. All user-related data and behaviors are encrypted and analyzed solely to optimize user experience.

11.Legal Compliance:

All data handling practices comply with U.S. laws and regulations. Our servers and virtual assets are legally obtained and protected by law.

12. Disclaimers and Limitation of Liability

The Service is provided on an "as is" and "as available" basis. VibeCall expressly disclaims all warranties, whether express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement. Notwithstanding any damages that you might incur, the entire liability of VibeCall under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or 100 USD if you haven’t purchased anything through the Service.

13. Indemnification

You agree to indemnify and hold harmless VibeCall, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use of our Service, any user content you post, and any breach of this Agreement.

14. Dispute Resolution and Arbitration

Any disputes arising under this Agreement or from the use of the Service will be settled through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in [Location], unless otherwise mutually agreed upon.

15. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state or country in which VibeCall is headquartered, irrespective of conflict of law principles.

16. Termination

VibeCall may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Service.

17. Entire Agreement

This Agreement, together with the Privacy Policy and any other legal notices published by VibeCall on the Service, shall constitute the entire agreement between you and VibeCall concerning the Service.

18. Changes to This Agreement

We reserve the right, at our sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

19. Contact Information

If you have any questions about these Terms, please contact us at [haopeng.yang@vibellm.com].

Effective Date: [07/01/2024]

Last Revised: [07/01/2024]