Legal
Terms of Service
These Terms of Service govern your access to and use of Vibecade and any related websites, tools, chat features, publishing tools, hosted previews, exports, and other services we make available (collectively, the Service). Vibecade is operated by Virality Labs, LLC. (Vibecade, we, us, or our).
Overview
By creating an account, clicking to accept these Terms, or otherwise accessing or using the Service, you agree to these Terms. If you are using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.
We may collect and process information as described in our Privacy Policy. If you do not agree to these Terms, do not use the Service.
Eligibility and Accounts
You must be at least 13 years old, or the minimum age required by the laws of your jurisdiction to use the Service. The Service is not intended for children.
You are responsible for your account, credentials, and all activity that occurs under your account. You must provide accurate information, keep your login credentials secure, and notify us promptly if you believe your account has been compromised.
We may refuse registration, reclaim usernames, or require you to change account information that violates these Terms, impersonates another person or business, or creates confusion about sponsorship or affiliation.
The Service
Vibecade is an AI-assisted game creation platform. The Service may generate, modify, test, publish, host, preview, export, and otherwise process code, game assets, prompts, files, screenshots, builds, and related project data. Some features depend on third-party artificial intelligence, cloud hosting, storage, sandbox, and payment providers.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your personal or internal business purposes. We reserve all rights not expressly granted to you.
User Content and Generated Output
User Content means prompts, source files, builds, images, attachments, game assets, chat messages, project metadata, and other content you upload, submit, store, publish, or make available through the Service. Output means code, assets, text, or other material generated by the Service for you.
As between you and Vibecade, you retain ownership of your User Content and Output, subject to any third-party rights, model-provider terms, open-source licenses, or other licenses that apply to materials included in or used with your projects.
You grant Vibecade and our service providers a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, perform, distribute, modify, adapt, and otherwise use User Content and Output as needed to provide, maintain, secure, debug, support, improve, and train Vibecade and related systems and features, and to comply with law or enforce these Terms. This includes technical steps such as scanning, indexing, transcoding, formatting, moderation, backup, and model evaluation.
You represent and warrant that you have all rights needed to submit User Content to the Service and to grant the rights described in these Terms, and that your User Content and use of the Service do not violate any law or third-party rights.
AI systems are probabilistic. Output may be inaccurate, incomplete, insecure, non-functional, non-unique, or similar to material generated for other users. You are solely responsible for reviewing, testing, and validating Output before using, publishing, exporting, distributing, or relying on it.
Public Sharing, Published Games, and Remixing
Projects may be public by default unless you change visibility or have access to private-project features. If you leave a project public or publish a game publicly, you authorize Vibecade to host, store, display, perform, distribute, promote, and feature that project or game within the Service and in Vibecade marketing, discovery, showcase, and community surfaces.
Public games may also be played, shared, and remixed by other Vibecade users inside the Service because remixing is a core product feature. If you do not want your game or project to be available for remixing inside Vibecade, do not leave it public.
Private projects remain private except as needed for us and our service providers to operate the Service, enforce these Terms, protect the Service or other users, comply with law, or exercise the rights you grant in the previous section.
Commercial Use
Subject to these Terms, you may use games and other projects you create with the Service for commercial purposes. That permission does not expand any third-party rights you may need. You are responsible for confirming that your projects, content, branding, dependencies, and distribution methods comply with applicable laws, store policies, marketplace rules, platform rules, and third-party licenses.
Vibecade does not guarantee that any project will qualify for any storefront, marketplace, payment processor, publisher, app store, or platform approval, or that any Output will be free from infringement claims or other legal issues.
Billing, Subscriptions, and Credits
Some features of the Service require payment, including subscriptions, top-ups, and usage-based credits. By purchasing a subscription, you authorize us and our payment processors to charge the applicable fees, taxes, and recurring charges until you cancel.
Subscriptions renew automatically unless canceled before the next billing date. Credits are prepaid units used for eligible paid features. Credits are not bank accounts, deposits, stored value, or personal property; they have no cash value, are non-transferable, and are non-refundable except where required by law.
We may deduct credits based on usage of paid features, including paid AI or other usage-metered functionality. Billing and metering may rely on third-party processors and service providers, and you agree that our and their records are authoritative absent manifest error.
We may change pricing, packaging, feature limits, or plan availability from time to time on a prospective basis. Unless otherwise stated, fees do not include taxes, and you are responsible for applicable taxes and governmental charges.
Acceptable Use
You may not use the Service to do or facilitate any of the following:
- Violate any law, regulation, court order, sanctions rule, or export control.
- Infringe, misappropriate, or otherwise violate the intellectual property, privacy, publicity, contractual, or other rights of any person or entity.
- Upload, transmit, or create malware, phishing content, credential theft tools, harmful code, or content designed to damage or disrupt systems.
- Abuse, overload, or interfere with our infrastructure, sandboxes, compute, storage, networking, or other users' access to the Service.
- Scrape the Service, bypass rate limits or access controls, reverse engineer the Service, or use the Service to build or improve a competing service or model in violation of these Terms.
- Share accounts or credentials, impersonate others, or misrepresent affiliation, authorship, or origin.
- Use the Service to create unlawful, fraudulent, deceptive, hateful, harassing, exploitative, or otherwise harmful content.
- Submit protected health information, payment card data, government-issued identifiers, biometric data, or other sensitive regulated data unless we expressly support that use in writing.
- Rely on Output without appropriate human review, testing, and safeguards in medical, legal, financial, employment, safety-critical, or other high-risk contexts.
Third-Party Services and Providers
The Service depends on third-party providers, including artificial intelligence, payment, cloud, storage, hosting, and sandbox providers. Your prompts, code, files, images, and other project data may be processed by those providers as part of delivering the Service.
We do not control and are not responsible for third-party services, third-party terms, or outages caused by those providers. Your use of certain features may also be subject to third-party terms, and you are responsible for complying with those terms when they apply.
Suspension and Termination
You may stop using the Service at any time. We may suspend or terminate your access, remove content, disable projects, or restrict features if we reasonably believe you violated these Terms, failed to pay amounts due, created risk or legal exposure, abused the Service, or if suspension or removal is required for security, legal, or operational reasons.
On termination, your right to use the Service ends immediately. We may retain or delete your User Content in accordance with our operational practices, legal obligations, and any rights granted under these Terms. Sections that by their nature should survive termination will survive, including sections on ownership, licenses, billing, disclaimers, limitation of liability, indemnity, governing law, and general terms.
Intellectual Property Complaints
If you believe content on Vibecade infringes your copyright, trademark, or other intellectual property rights, contact us at vibecadeai@gmail.com with enough detail for us to investigate, including your contact information, a description of the allegedly infringing material, where it appears, and the basis for your claim.
We may investigate, remove, disable access to content, or take other action in our discretion.
Disclaimers
THE SERVICE, INCLUDING ALL OUTPUT, HOSTED PREVIEWS, EXPORTS, PUBLISHED GAMES, BILLING FEATURES, AND THIRD-PARTY INTEGRATIONS, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIBECADE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, secure, error-free, or compatible with your intended use, or that Output will be accurate, unique, complete, production-ready, store-ready, legally compliant, or free of bugs, vulnerabilities, or third-party claims.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIBECADE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100 USD.
Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud or willful misconduct to the extent such limitation is prohibited.
Indemnity
You will defend, indemnify, and hold harmless Vibecade, its affiliates, and its officers, employees, contractors, licensors, and service providers from and against claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your User Content, your projects, your Output, your use of the Service, your commercial exploitation of content created with the Service, or your violation of these Terms or applicable law.
Governing Law and Venue
These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.
You and Vibecade agree that the state and federal courts located in Delaware will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service, and each party consents to personal jurisdiction and venue in those courts.
Changes to These Terms
We may update these Terms from time to time. If we make material changes, we may provide notice through the Service, by email, or by other reasonable means. The updated Terms will become effective when posted or on the effective date stated in the update. Your continued use of the Service after the effective date of updated Terms means you accept the updated Terms.
General Terms
- These Terms are the entire agreement between you and Vibecade regarding the Service and supersede prior or contemporaneous understandings on that subject.
- If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.
- Our failure to enforce a provision is not a waiver of our right to do so later.
- You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Contact Information
If you have questions about these Terms, contact:
Virality Labs, LLC.
Email: vibecadeai@gmail.com