gotvibe

Terms and Conditions

Last updated: August 27, 2024

Terms of Service

0. Company Information

These Terms of Service are provided by Sequester AG, a company incorporated under the laws of Switzerland, with its registered office at:

Sequester AG

Baarerstrasse 10

6300 Zug

Switzerland

The website gotvibe.ai and the GotVibe service are operated by Sequester AG.

1. Acceptance of Terms

By accessing and using GotVibe ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

GotVibe is a platform that allows users to create mobile applications through AI-powered tools. The service includes code generation, project management, and deployment capabilities.

3. User Accounts

To access certain features of the Service, you must register for an account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.

4. Acceptable Use

You agree not to use the Service to:

  • Create applications that violate any laws or regulations
  • Generate harmful, malicious, or inappropriate content
  • Infringe on intellectual property rights of others
  • Attempt to reverse engineer or compromise the security of the Service
  • Use the Service for commercial purposes beyond your subscription limits

5. Subscription and Billing

The Service offers various subscription plans with different features and message limits. Subscriptions are billed monthly and automatically renew unless cancelled. Messages reset on the 1st of each month.

6. Intellectual Property

You retain ownership of the applications you create using our Service. However, GotVibe retains all rights to the underlying platform, AI models, and proprietary technology.

7. Limitation of Liability

GotVibe shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

8. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

9. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

10. Refund Policy

All subscription fees are non-refundable, except as required by applicable law. We do not offer refunds for partial months, unused credits, or account deletions. If you believe you qualify for a refund due to a technical issue or billing error, please contact our support team within 30 days of the charge.

11. AI Content Disclaimer

The Service utilizes artificial intelligence to generate code and content. While we strive for accuracy and reliability, AI-generated content may contain errors, biases, or inaccuracies. You acknowledge that AI outputs should be reviewed and tested before use in production environments. We are not liable for any damages resulting from the use of AI-generated content.

12. User Content and Conduct

You retain ownership of the content and applications you create using our Service. However, by using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content solely for the purpose of providing the Service to you. You are responsible for ensuring your content complies with applicable laws and does not infringe third-party rights.

13. Service Availability

We strive to provide continuous availability of the Service but do not guarantee uptime or availability. The Service may be temporarily unavailable due to maintenance, technical issues, or factors beyond our control. We will make reasonable efforts to provide advance notice of scheduled maintenance.

14. Indemnification

You agree to indemnify, defend, and hold harmless Sequester AG and its affiliates from any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of law provisions.

15.1 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, including their validity, interpretation, performance, or termination, shall be resolved through binding arbitration administered by the Arbitration Court of the Swiss Chambers of Commerce (Arbitration Court SCC) in accordance with the Swiss Rules of International Arbitration (Swiss Rules) in force at the time of the commencement of the arbitration.

15.2 Arbitration Tribunal

The arbitration shall be conducted by a single arbitrator (sole arbitrator) appointed in accordance with the Swiss Rules. The arbitrator shall be independent and impartial.

15.3 Place and Language of Arbitration

The place of arbitration shall be Zug, Switzerland. The language of the arbitration shall be English, unless otherwise agreed by the parties.

15.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, collective, consolidated, or representative action. You expressly waive your right to file a class action or seek relief on a class basis. If any court or arbitrator determines that this class action waiver is void or unenforceable for any reason, then the arbitration agreement set forth in this section shall be void and unenforceable in its entirety.

15.5 Waiver of Jury Trial

You hereby waive any right to trial by jury in any legal proceeding arising out of or relating to these Terms or the Service.

15.6 Costs of Arbitration

Each party shall bear its own costs and expenses (including attorney's fees) incurred in connection with the arbitration, unless the arbitrator determines otherwise in the award.

15.7 Enforcement of Award

The arbitral award shall be final and binding upon the parties. Judgment upon the award may be entered in any court having jurisdiction thereof. The parties undertake to carry out any award without delay and waive their right to any form of appeal or recourse to the extent permitted by applicable law.

15.8 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive relief or other equitable remedies in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm, without waiving the right to arbitration for other disputes.

16. Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms if such failure is caused by events beyond our reasonable control, including but not limited to natural disasters, wars, terrorism, strikes, or government regulations.

17. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Sequester AG regarding the use of the Service.

Privacy Policy

1. Information We Collect

We collect information you provide directly to us, such as:

  • Account information (email address, username)
  • Application content and project data
  • Messages and interactions with our AI system
  • Usage data and analytics
  • Support communications

2. How We Use Your Information

We use the information we collect to:

  • Provide, maintain, and improve our Service
  • Process transactions and manage subscriptions
  • Send you technical notices and support messages
  • Respond to your comments and questions
  • Analyze usage patterns to improve our AI models

3. Information Sharing

We do not sell, trade, or otherwise transfer your personal information to third parties without your consent, except as described in this policy. We may share information with service providers who assist us in operating our platform.

4. Data Security

We implement appropriate security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet is 100% secure.

5. Data Retention

We retain your information for as long as your account is active or as needed to provide you services. You may request deletion of your account and associated data at any time.

6. Your Rights

Depending on your location, you may have the right to:

  • Access and receive a copy of your personal information
  • Rectify inaccurate personal information
  • Request deletion of your personal information
  • Object to processing of your personal information
  • Data portability

7. Cookies and Tracking

We use cookies and similar tracking technologies to enhance your experience, analyze usage, and provide personalized content. You can control cookie settings through your browser preferences.

8. Third-Party Services

Our Service may integrate with third-party services (such as GitHub) with their own privacy policies. We encourage you to review their privacy practices.

9. Children's Privacy

Our Service is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information, please contact us.

10. Changes to Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last updated" date.

Contact Us

If you have any questions about these Terms and Conditions or our Privacy Policy, please contact us:

Email: [email protected]

Discord: https://discord.gg/Z25T85Ct