Grow-Vibe Terms of Service

1.1 These Terms govern your access to and use of the Service, including any websites, mobile applications, APIs, documentation, and related support services we provide.

1.2 These Terms incorporate any ordering documents, statements of work, acceptable use policies, data processing agreements, and our Privacy Policy. If a conflict exists, the order of precedence is: (a) a mutually executed order form or statement of work, (b) a data processing agreement, (c) these Terms, and (d) the Documentation.

1.3 We may update these Terms from time to time. Material changes will be announced via the Service, email, or other reasonable means at least 30 days before they become effective, unless earlier implementation is required by law or to address an urgent security issue. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

"Authorized User" means an individual whom you authorize to access the Service on your behalf, such as employees, contractors, or clients.

"Customer Data" means all data, content, creatives, social media information, ad performance metrics, files, comments, and other information submitted to or collected through the Service from your accounts or third-party integrations.

"Documentation" means the technical and user guides, knowledge base articles, and other materials describing the Service.

"Output" means any insights, recommendations, analysis, reports, or other content generated by the Service, including AI-generated content.

3.1 You must be at least 18 years old and capable of forming a binding contract to use the Service.

3.2 The Service is intended for business and professional use. You warrant that you are using the Service for commercial purposes and not as a consumer.

3.3 You agree to comply with all applicable laws, industry guidelines, and platform policies when using the Service and handling Customer Data.

4.1 Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the Service during the applicable subscription term.

4.2 Features may include TrendWatch monitoring, content ingestion, AI-assisted creative analysis, workflow automation, API connectors, knowledge base tools, and reporting functionality.

4.3 We may modify the Service, add or remove features, or update the user interface, provided that we will not materially diminish core functionality during a paid subscription term without providing substantially similar alternatives.

5.1 You must create an administrator account to configure workspaces and invite Authorized Users. You are responsible for all actions taken under your accounts.

5.2 You will ensure that Authorized Users keep their credentials confidential, use strong passwords, and enable multifactor authentication where offered.

5.3 You will promptly notify us at hello@vibegrow.app of suspected unauthorized access or credential compromise. We may suspend access to protect the Service and Customer Data.

6.1 Fees, billing terms, usage-based charges, and payment schedules are set forth in the applicable order form or published pricing. Unless otherwise stated, fees are quoted and payable in U.S. dollars.

6.2 Subscriptions automatically renew for successive terms equal to the expiring term unless either party gives notice of non-renewal at least 30 days before the end of the current term.

6.3 You are responsible for paying all taxes, levies, and duties associated with your purchases, excluding taxes based on our net income.

6.4 Late payments may accrue interest at 1.0% per month or the maximum allowed by law, whichever is less, and we may suspend the Service for non-payment.

7.1 As between the parties, you retain all right, title, and interest in Customer Data.

7.2 You grant us a worldwide, royalty-free, non-exclusive license to host, copy, use, process, transmit, and display Customer Data and to create derived insights solely as necessary to provide, maintain, secure, and improve the Service; to prevent or address technical or security issues; and as otherwise permitted by these Terms.

7.3 You represent and warrant that you have obtained all necessary consents, rights, and permissions to submit Customer Data, to authorize access via integrations, and for us to process Customer Data under these Terms.

8.1 We may generate Output using Customer Data and third-party information. Output is provided for informational purposes only, without any assurance of accuracy, completeness, or future performance. You are solely responsible for reviewing Output before acting on it.

8.2 We may compile anonymized or aggregated data derived from Customer Data and Service usage statistics to improve the Service and develop analytics, provided that such data does not identify you or any individual. We retain all rights in aggregated data.

10.1 The Service may allow you to connect to third-party platforms such as Meta, TikTok, Google, Apify, Vertex AI, Qdrant, Neo4j, email providers, cloud storage, and other services. You authorize us to access, use, and store account credentials, tokens, and data from those services as necessary to provide the Service.

10.2 Third-party services are governed by their own terms and privacy policies. We do not control and are not responsible for third-party services; use them at your own risk.

10.3 You will comply with the terms of all third-party APIs and agree that we may take steps to prevent or remediate violations, including disabling integrations that threaten security or violate provider terms.

11.1 Certain features rely on machine learning models hosted by third-party providers (such as Google Vertex AI). You acknowledge that AI-generated content may be inaccurate, biased, or incomplete.

11.2 You agree not to use AI features to create deceptive, discriminatory, or unlawful content.

11.3 We may review prompts and outputs for abuse prevention, debugging, and to improve model performance in accordance with our Privacy Policy.

12.1 From time to time we may provide early-access, beta, or experimental features. Beta Features are provided "as is" without warranty, may change or cease at any time, and are not subject to service-level obligations.

12.2 You may provide feedback, suggestions, or improvement requests. We may use feedback without restriction, and you grant us a perpetual, irrevocable, royalty-free license to do so.

13.1 "Confidential Information" means non-public information disclosed by one party ("Discloser") to the other ("Recipient") that is marked or reasonably understood to be confidential, including Customer Data and system security details.

13.2 Recipient will use Confidential Information only for the purposes of these Terms, protect it with reasonable care, and not disclose it to any third party except to affiliates, contractors, or service providers bound by obligations no less protective than these Terms.

13.3 Confidentiality obligations continue for three (3) years after termination, or indefinitely for trade secrets.

14.1 We implement administrative, technical, and physical safeguards designed to protect Customer Data, including role-based access controls, row-level security, encryption in transit, secure credential storage, and regular monitoring.

14.2 We will notify you without undue delay if we become aware of a confirmed unauthorized access to Customer Data within our control, and will provide information reasonably necessary for you to comply with applicable data protection obligations.

15.1 We provide standard email support via hello@vibegrow.app and in-product channels during normal business hours.

15.2 We strive for high availability but do not guarantee uninterrupted access. Scheduled maintenance and emergency downtime may occur. We will use reasonable efforts to provide advance notice of planned outages.

17.1 These Terms remain in effect for the duration of your subscription or until terminated.

17.2 Either party may terminate these Terms for material breach if the breach is not cured within thirty (30) days of written notice.

17.3 You may terminate for convenience by providing written notice; termination will take effect at the end of the then-current subscription term and does not entitle you to refunds unless otherwise required by law.

18.1 Upon termination or expiration, your right to access the Service ends, and we may deactivate accounts.

18.2 You may export Customer Data during the subscription term and within thirty (30) days after termination. After that period, we may delete Customer Data, except where retention is required by law or for legitimate business purposes (e.g., audit logs).

18.3 Sections 1.3, 2, 7.2, 8, 9, 10, 12.2, 13, 14, 17–26 survive termination.

19.1 Each party represents that it has full power and authority to enter into these Terms.

19.2 We warrant that we will provide the Service in a professional manner consistent with generally accepted industry practices.

19.3 Except as expressly provided, the Service and Output are provided "as is" and "as available," and we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

20.1 To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, even if advised of the possibility of such damages.

20.2 Our aggregate liability arising out of or related to these Terms will not exceed the fees paid or payable by you to us for the Service in the twelve (12) months preceding the event giving rise to liability. These limitations do not apply to your payment obligations or either party's liability for fraud, gross negligence, willful misconduct, or indemnification obligations.

26.1 Assignment. You may not assign or transfer these Terms without our prior written consent, except to an affiliate or in connection with a merger or sale of substantially all assets, provided the assignee agrees in writing to be bound by these Terms. We may assign these Terms to an affiliate or successor without restriction.

26.2 Force Majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, acts of government, war, or internet failures.

26.3 Relationship. The parties are independent contractors; these Terms do not create any partnership, joint venture, or agency relationship.

26.4 Severability. If any provision is found unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to reflect the parties' intent as closely as possible.

26.5 Entire Agreement. These Terms constitute the entire agreement between the parties regarding the Service and supersede all prior proposals or agreements.

26.6 Waiver. Failure to enforce any provision is not a waiver of future enforcement of that or any other provision.