Terms of service

AGREEMENT TO OUR LEGAL TERMS

We are Vybe AI, Inc. ("Company," "we," "us," "our"), a company incorporated in Delaware with offices in California, United States at 2261 Market Street, #85021, San Francisco, CA 94114. We operate the Vybe platform (the "Platform")—including the website at https://www.vybe.build and any related products and services (collectively, the "Services"). Vybe (vybe.build) is a platform that allows anyone in a company to rapidly build and launch AI-powered internal applications by leveraging pre-built components, integrations with popular tools like Gmail and Jira, and AI assistance. You can contact us by email at support@vybe.build or by mail to 2261 Market Street, #85021, San Francisco, CA 94114, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and the Company., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms, our Privacy Policy, and all applicable laws and regulations. If you are entering into these Terms on behalf of an entity, such as the company you work for, you represent that you have the legal authority to bind that entity. In such cases, "you" refers to both you individually and the entity you represent. You and the Company are each a "Party" and collectively the "Parties".

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

OUR SERVICES

The Services are intended for general business use and may not be appropriate in every jurisdiction. If you choose to access the Services from outside the United States, you are responsible for ensuring that your use complies with local laws and regulations.

The Services are not designed or certified to meet the requirements of sector-specific laws such as the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), or the Federal Information Security Management Act (FISMA). If you are legally required to comply with such frameworks, you should conduct your own assessment to determine whether the Services are appropriate for your use case.

We strive to maintain high availability of the Services, but cannot guarantee uninterrupted access. The Services are offered "as available" and may occasionally be interrupted for maintenance, updates, or due to factors outside our control. We will make commercially reasonable efforts to minimize disruptions and provide advance notice of planned maintenance when feasible.

INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We (Vybe AI, Inc.) own and retain all right, title, and interest in and to the Services and all related intellectual property. This includes, without limitation:

• The Vybe platform and all underlying technology, software, algorithms, AI models, tools, and infrastructure;
• All source code, object code, libraries, features, and system architecture developed by or for the Services;
• All user interfaces, designs, layouts, and visual elements of the platform;
• All content we provide, including documentation, marketing materials, and media; and
• All data generated by the Services (including telemetry, analytics, and aggregated usage statistics), subject to applicable privacy laws.

Except as expressly authorized in writing, no rights or licenses are granted to you, whether by implication, estoppel, or otherwise. All rights not expressly granted are reserved by us.

Your Intellectual Property

As between you and us, and subject to any third-party rights, you retain ownership of:

• Customer Data (all prompts, inputs, files, and other content you submit to the Services);
• User Content (any assets you upload such as images, fonts, or documents); and
• Applications built with the Services (including generated code and outputs).

AI Output Notice

You own the rights to applications and outputs generated through the Services. However, AI-generated outputs may not be unique and may produce similar or identical results for different users who provide similar inputs. Outputs may also be subject to errors, limitations, or third-party intellectual property rights. See the "AI Use Disclaimer" section below for important limitations on AI outputs.

DATA USAGE, TRAINING, AND LEARNING

We collect and use information generated through your use of the Services to operate the platform, support users, improve performance, and develop new features. Our Privacy Policy explains in detail how personal information is handled. This section provides a high-level overview of how different types of data are treated and who retains ownership.

Data Categories and Ownership

We categorize data you interact with through the Services into three types:

Data Export and Deletion Upon Termination

Upon termination of your account, you may request export or deletion of your Customer Data by contacting support@vybe.build within thirty (30) days of termination. We will process such requests within a reasonable timeframe following receipt. After the 30-day request period, or once deletion is completed, we may permanently delete your Customer Data from our systems, except where retention is required by law or necessary for legitimate business purposes (such as resolving disputes or enforcing these Terms).

USER ACCOUNTS AND CONTENT

Account registration and security

In order to access the Services you must register for an account. You agree to provide accurate information and to keep it current.

You are responsible for safeguarding your login credentials and for all activity under your account. You will notify us promptly of any actual or suspected unauthorized use of any account, credentials, or any other breach or suspected breach of this Agreement.

We may suspend or close accounts if we reasonably believe they violate these Terms, our policies, or applicable law.

Content you provide

You may submit prompts, code, files, images, or other materials ("User Content") through the Services. You are solely responsible for this content and must ensure that:

• You own or have permission to use and share it;
• It does not infringe or misappropriate any third-party rights, or violate applicable law; and
• Your use of the Services in connection with such content complies with these Terms.

By providing User Content, you grant us a limited license to host, process, and display it as necessary to operate the Services and provide technical support. You retain all ownership rights in your User Content.

SUBSCRIPTION / PAYMENT TERMS

The Services are offered on a subscription-plus-credits basis. Each plan includes a base subscription fee and an allocation of usage credits that determine your usage capacity. Detailed pricing, credit mechanics, usage policies, and plan features are available at https://www.vybe.build/pricing and are incorporated into these Terms by reference. Pricing and credit allocations may be updated from time to time. We will notify you of material changes to your plan's credit allocation or pricing. Subscriptions automatically renew unless you cancel before the next renewal date.

Credits are consumed based on your usage of the Services, such as AI interactions, deployments, and other platform activities. Your usage is metered and tracked against your plan's credit allocation. Additional credits may be automatically charged to your payment method on file if you exceed your plan allocation, as described on the pricing page. You are responsible for monitoring your credit usage and can manage your plan settings through your account.

Payments are processed through our third-party provider (currently Stripe). By submitting payment details, you authorize Vybe and its payment processor to charge your method of payment for all subscription fees on a recurring basis.

Your use of the payment processor's services is subject to its own terms and conditions, which you must review and accept separately.

If your payment method fails or your account becomes delinquent, we may suspend or terminate access to the Services until payment is resolved. Fees are non-refundable except where required by law.

FULFILMENT AND SERVICE POLICIES

Service Delivery

Access is granted immediately upon successful account set up.

Cancellation Policy

Cancel anytime by emailing support@vybe.build. Subscription remains active until the end of the current billing period.

Refunds

Because the Services are delivered digitally, fees are generally non-refundable. If required by law or explicitly stated otherwise (e.g., promotional guarantees), we may issue a refund at our discretion.

Changes to Fees

We may update subscription pricing from time to time. Any change will take effect at the start of your next billing cycle, and we will notify you in advance as required by law.

DMCA COMPLIANCE

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we respond to valid copyright infringement notices regarding material hosted on the Services.

Submitting a Notice

If you believe that content available on the Services infringes your copyright, you must send us a written notice that includes all of the following (17 U.S.C. § 512(c)(3)):

• Identification of the copyrighted work you claim has been infringed, or a representative list if multiple works are involved;
• Identification of the material claimed to be infringing, including its location on the Services with sufficient detail to allow us to locate it;
• Your full legal name, mailing address, telephone number, and email address;
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and
• Your physical or electronic signature.

Notices must be sent to our designated DMCA agent:

Vybe AI, Inc. has designated and registered this agent with the U.S. Copyright Office.

Counter-Notification

If you believe that material you uploaded or generated through the Services was removed or disabled by mistake or misidentification, you may send us a counter-notification including:

• Identification of the material that was removed or disabled and its location before removal;
• A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification;
• Your full legal name, mailing address, telephone number, and email address;
• A statement that you consent to the jurisdiction of the federal court in the district where you live (or, if outside the U.S., to the jurisdiction of the Northern District of California) and that you will accept service of process from the person who submitted the original notice; and
• Your physical or electronic signature.

Upon receipt of a valid counter-notification, we may reinstate the removed material in accordance with the DMCA, unless the original complainant files a court action seeking to restrain such use.

Repeat Infringers

In appropriate circumstances, we may terminate the accounts of users who are repeat infringers.

PROHIBITED USES

You agree not to misuse the Services. In particular, you may not:

• Attempt to decompile, reverse engineer, or otherwise gain unauthorized access to the Services' underlying code, models, or infrastructure;
• Use automated scripts, scrapers, or bots to access, query, or interact with the Services without prior written approval;
• Interfere with, probe, or attempt to bypass security features, administrative tools, or non-public areas of the platform;
• Use the Services to harass, defame, impersonate, or otherwise harm individuals or organizations;
• Upload or distribute harmful software, including malware, viruses, or code designed to damage systems or data;
• Engage in deceptive, fraudulent, or phishing activities intended to mislead or extract information from others;
• Intentionally overload or disrupt the platform, including through denial-of-service attacks, excessive automated requests, or similar tactics;
• Create multiple accounts to evade restrictions, avoid fees, or otherwise abuse our pricing or usage rules;
• Use the Services in violation of applicable export laws, trade sanctions, or government restrictions.

ENFORCEMENT & REMEDIES

We reserve the right to take appropriate action if we believe you have violated these Terms, applicable law, or the rights of others. Such actions may include:

• Suspending or closing your account immediately;
• Removing or restricting access to content associated with your account;
• Blocking access to the Services from certain users, devices, or IP addresses;
• Reporting suspected unlawful activity to the relevant authorities;
• Declining refunds if your account is terminated for cause; and
• Taking any additional steps reasonably necessary to safeguard the Services, our users, and our business.

Our choice to enforce (or not enforce) these Terms in one situation does not waive our right to act in other situations.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

DATA PROTECTION COMPLIANCE

We are committed to responsible data handling practices as described in our Privacy Policy. Both you and the Company have independent obligations under applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR), and other regional privacy regulations.

You are responsible for ensuring your use of the Services complies with all applicable data protection laws and regulations that apply to your business, jurisdiction, or industry. You must implement appropriate technical and organizational measures to protect any personal data you process through the Services.

We maintain our own compliance obligations regarding data we process in connection with providing the Services. Our data handling practices, including how we process personal information, are detailed in our Privacy Policy.

FEEDBACK

By submitting feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and display such feedback for any purpose without compensation.

AI USE DISCLAIMER

Vybe AI, Inc. provides the Vybe platform, which uses artificial intelligence to generate code, content, and recommendations ("AI Output"). AI Output is produced automatically based on your prompts and:

• May include mistakes, inefficiencies, or security gaps;
• May be similar or identical to outputs generated for other users;
• May incorporate or resemble material subject to third-party rights; and
• Should not be treated as professional advice or relied upon for safety-critical or high-risk applications.

You are responsible for reviewing and testing all AI Output before using it. Do not rely on AI Output for decisions or systems where errors could cause harm without appropriate human oversight.

We do not guarantee that AI Output is accurate, unique, free of third-party claims, or suitable for any particular purpose.

DISCLAIMER OF WARRANTIES

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:

• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• ANY CONTENT, DATA, OR MATERIALS PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE;
• DEFECTS OR ERRORS WILL BE CORRECTED; OR
• THE SERVICES WILL BE COMPATIBLE WITH YOUR SYSTEMS OR MEET YOUR EXPECTATIONS.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, CODE, OR DATA OBTAINED THROUGH THE VYBE PLATFORM OR THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU ARE RESPONSIBLE FOR REVIEWING, TESTING, AND VALIDATING ANY SUCH MATERIALS BEFORE RELYING ON THEM.

NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY NESTOR AI, INC. OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS.

TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT THE DISCLAIMER OF THE ABOVE WARRANTIES, THE ABOVE DISCLAIMERS SHALL BE MODIFIED TO THE MINIMUM EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW IN SUCH JURISDICTION.

LIMITATION OF LIABILITY

OTHER THAN IN CONNECTION WITH NESTOR AI, INC.'s INDEMNIFICATION OBLIGATIONS UNDER THE INDEMNIFICATION SECTION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NESTOR AI, INC., TOGETHER WITH ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OTHER THAN IN CONNECTION WITH NESTOR AI, INC.'s INDEMNIFICATION OBLIGATIONS UNDER THE INDEMNIFICATION SECTION. IN NO EVENT SHALL NESTOR AI, INC.'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE VYBE PLATFORM OR SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. THE FOREGOING WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER THE SUBSCRIPTION/PAYMENT TERMS' SECTION.

WITHOUT LIMITING THE FOREGOING, NESTOR AI, INC. SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM:

• Data or Content Issues (e.g., inaccuracies, omissions, corruption, or unintended disclosure);
• Service Interruptions (e.g., downtime, outages, or performance issues, whether caused by Vybe AI, Inc. or third-party service providers);
• Security Incidents (e.g., unauthorized access, breaches, or transmission of harmful code);
• Integration or Business Impacts (e.g., delays, added costs, technical debt, or third-party changes); or
• AI-Related Issues (e.g. inaccuracies in AI-generated outputs, third-party AI provider availability, model performance degradation, or unexpected AI behavior).

YOU UNDERSTAND AND AGREE THAT ALL OUTPUTS, CONTENT, AND DATA FROM THE SERVICES REQUIRE YOUR OWN REVIEW AND VALIDATION, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR THEIR USE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT THE DISCLAIMER OF THE ABOVE WARRANTIES, THE ABOVE DISCLAIMERS SHALL BE MODIFIED TO THE MINIMUM EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW IN SUCH JURISDICTION. THE LIMITATIONS UNDER THIS LIMITATION OF LIABILITY SECTION APPLY WITH RESPECT TO ALL LEGAL THEORIES, WHETHER IN CONTRACT, TORT OR OTHERWISE, AND TO THE EXTENT PERMITTED BY LAW. THESE LIMITATIONS ALLOCATE RISKS BETWEEN THE PARTIES AND ARE REFLECTED IN THE PRICING OF THE SERVICES.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Vybe AI, Inc., its affiliates, officers, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• (a) your use of the Vybe platform, the Services, or any AI-generated outputs;
• (b) your violation of these Terms or applicable law;
• (c) your infringement or misappropriation of any intellectual property or other rights of a third party through prompts, inputs, or use of outputs; or
• (d) any content, data, or materials you provide, upload, or generate through the Services.

We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you agree to cooperate fully with our defense. We will provide you with prompt notice of any such claim.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. For any disputes that are not subject to arbitration (as set forth below), the parties agree that the state and federal courts located in San Francisco County, California shall have exclusive jurisdiction and venue, and each party consents to the personal jurisdiction of such courts.

DISPUTE RESOLUTION

Arbitration Agreement

If we cannot resolve a dispute informally, either party may require binding arbitration, except for the limited exceptions noted below. By agreeing to these Terms, you and Vybe AI, Inc. each waive the right to a jury trial and to participate in a class action.

Arbitration will be conducted by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules or, if applicable, its Consumer Arbitration Rules. The arbitration may be held in person in San Francisco County, California, or conducted by documents, phone, or online. The arbitrator must apply Delaware law and issue a written decision. If the fees of arbitration are deemed excessive, Vybe AI, Inc. will cover them.

Limits

Disputes may only be brought on an individual basis. Class actions, consolidated cases, or representative claims are not allowed.

Exceptions

The arbitration requirement does not apply to: (a) claims involving intellectual property rights, (b) claims related to theft, piracy, or unauthorized use, or (c) requests for injunctive relief. If the arbitration clause cannot be enforced for a specific matter, that matter will be handled in the courts of San Francisco County, California, and both parties consent to jurisdiction there.

Time to File

Any claim related to the Services must be filed within one (1) year of when it arose, or it is permanently barred.

CORRECTIONS

The Services may occasionally contain errors, inaccuracies, or omissions—for example in descriptions, pricing, or availability. We may correct or update this information at any time, without prior notice. While we aim to keep information current, we do not guarantee that all content on the Services will always be accurate, complete, or up to date.

MISCELLANEOUS PROVISIONS

These Terms, together with the Privacy Policy and any other documents explicitly referenced, make up the entire agreement between you and Vybe AI, Inc. concerning your use of the Vybe platform and Services. They replace any prior agreements or understandings, written or oral, relating to the Services. To the extent you have entered into a separate written agreement or addendum with us that modifies these Terms, the terms of that separate agreement or addendum will control to the extent of any conflict.

If we do not enforce a provision of these Terms right away, that does not mean we waive our rights to enforce it later. If any provision is found to be invalid or unenforceable, the rest of the Terms will continue to apply.

You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may assign our rights or obligations at any time, for example in connection with a merger, acquisition, or sale of assets.

We are not responsible for delays or failures caused by events outside our reasonable control, such as natural disasters, labor disputes, power outages, internet failures, government actions, or other unforeseen events.

Nothing in these Terms creates a legal partnership, employment relationship, or agency arrangement between you and Vybe AI, Inc.

These Terms should not be interpreted against Vybe AI, Inc. simply because we drafted them. You agree that electronic acceptance of these Terms has the same force as a signed agreement.

Export Laws: You may not use or access the Services in violation of U.S. export laws and regulations. You represent and warrant that you are not located in or acting on behalf of a restricted country, entity, or person as defined by such laws.

CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: