Terms of Service

Welcome to Vibechat

We've drafted these Terms of Service (which we call the "Terms") so you'll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There's a good reason for that: These Terms do indeed form a legally binding contract between you and Vibechat. So please read them carefully.

These Terms of Service govern your use of Vibechat and provide information about the Vibechat Service, outlined below. When you create a Vibechat account or use Vibechat, you agree to these terms. By using Vibechat or any of our other products or services that link to these Terms (we refer to these simply as the "Services"), you agree to the Terms. Of course, if you don't agree with them, then don't use the Services.

1. About Vibechat

Vibechat is a web-based AI Front Desk for small businesses. When you sign up, we use your business information to train an always-on conversational assistant that lives at a unique link (vibechat.ai/chat/[your-business]). Your customers click that link and chat with your AI Front Desk through any modern web browser — there is no app to download or install. It can answer frequently asked questions about your business in real time.

Vibechat is offered in three tiers: Starter (free), Text ($99/month), and Text+Voice ($199/month). The Text+Voice tier adds a real-time voice mode so customers can speak to your AI Front Desk and hear it respond.

Vibechat does not require access to your customers' camera, microphone (outside of the optional voice mode they choose to start), or precise location. We collect only the information needed to operate and improve the service, as described in our Privacy Policy.

By creating a Vibechat account or using the Services, you agree to these Terms.

2. Service Plans

Vibechat is offered in three plans:

• Starter (Free): Provides a working AI Front Desk at a unique vibechat.ai/chat/[slug] URL, basic configuration of business information, and standard usage limits. Available to any qualifying small business.
• Text ($99/month): Adds higher conversation capacity, full customization of branding and conversational behavior, advanced configuration tools, and analytics.
• Text+Voice ($199/month): Includes everything in Text and adds a voice mode that lets customers speak to your AI Front Desk in a real-time, natural-sounding conversation.

Each plan is intended for small businesses with fewer than 20 employees. Vibechat reserves the right to update plan features, usage limits, and pricing, and will provide notice of material changes as described in Section 3.

3. Subscription Terms and Renewal

Billing cycle

Paid plans (Text and Text+Voice) are billed on a monthly basis through our payment processor (Stripe). Your subscription begins on the date you upgrade and renews automatically each month on that same date until you cancel.

Cancellation

You may cancel your paid subscription at any time from your Vibechat account dashboard. Cancellation takes effect at the end of the current billing period, and you will retain access to paid features until that period ends. We do not provide prorated refunds for partial months unless required by applicable law.

Pricing changes

If we change the price of a paid plan, we will give you written notice at the email address associated with your account at least 30 days before the change takes effect. You may cancel before the new price applies if you do not wish to continue at the new rate.

Failed payments

If a payment fails, we may retry the charge and may suspend access to paid features until payment is successful. Your account will not be deleted for non-payment, but you may be downgraded to Starter.

4. Who Can Use the Services

Vibechat is committed to building an open, inclusive yet safe and legally compliant service. To join and participate in the Vibechat community, users need to adhere to certain fundamental criteria:

• Age Requirement: You must be at least 18 years old to create a Vibechat account or to agree to these Terms on behalf of a business or entity.
• Legal Compliance: You must not be prohibited from receiving any aspect of our Services under applicable laws. This includes not being listed on any denied party listings such as the U.S. Treasury Department's Specially Designated Nationals List.
• Account Status: If we have previously disabled your account due to legal or policy violations, you are not eligible to use our Services.
• Criminal History: Individuals registered as convicted sex offenders are not permitted to use our Services.

Note on end-customers:

End-customers who chat with a business's AI Front Desk via the public link do not create Vibechat accounts and are governed by the business's own posted policies and applicable law. The age requirement above applies to people creating Vibechat accounts.

User Representations:

By using Vibechat, you affirm the following:

• Contractual Capacity: You have the legal capacity to enter into a binding contract with Vibechat.
• No Legal Prohibitions: You are not barred from receiving the Services under the laws of the United States or any other applicable jurisdictions.
• Compliance with Terms and Laws: You agree to abide by these Terms and all applicable local, state, national, and international laws, rules, and regulations.

Usage by Businesses or Entities:

Authorization Representation: If you are accessing and using the Services on behalf of a business or entity, you affirm that you are duly authorized to agree to these Terms on behalf of the said business or entity and to grant all licenses as outlined in these Terms.

This section outlines the fundamental requirements for using Vibechat's services and ensures that our community remains a secure and law-abiding space. Users must ensure that they meet these eligibility criteria and represent themselves truthfully to maintain the integrity and security of the Vibechat platform.

5. How You Can't Use Vibechat

User Responsibilities and Conduct for Vibechat Services

At Vibechat, we strive to maintain a safe, transparent, and reliable service for our diverse community of users, including small businesses operating AI Front Desks and customers interacting with those Front Desks. To ensure a positive experience for everyone, we outline clear guidelines and responsibilities for all users.

Accurate Information and Identity Verification:

• Accuracy is Key: For basic access to our services, you don't need to disclose your identity, but you must provide us with accurate and up-to-date information, including registration details.
• No Impersonation Allowed: Impersonating others or providing false information is strictly prohibited. You cannot create an account for someone else without their express permission.
• Identity Verification for Financial Transactions: To add funds or conduct financial transactions through Vibechat, you must provide your real identity and comply with our identity verification processes.

Legal and Ethical Conduct:

• Lawful Use: Engaging in unlawful, misleading, fraudulent, or illegal activities via our platform is not permitted.
• Adherence to Terms and Policies: Users must not violate Vibechat's Terms of Service, Community Guidelines, or Privacy Policy.
• Service Integrity: Actions that interfere with or impair the intended operation of the Service are prohibited.

Unauthorized Access and Account Security:

• No Unauthorized Access: Creating accounts or accessing/collecting information in unauthorized ways, including automated methods without express permission, is not allowed.
• Account Security: You cannot buy, sell, transfer, or solicit login credentials or account elements, including usernames.

Respect for Privacy and Intellectual Property:

• Privacy and Confidentiality: Posting or sharing private or confidential information of others is strictly forbidden.
• Intellectual Property Rights: Users must respect intellectual property rights and avoid infringing on the rights of others.

Community Engagement and Compliance:

• Positive Community Engagement: Users are encouraged to engage positively, contributing to a safe and welcoming environment for all.
• Compliance and Reporting: Users should comply with all applicable rules and guidelines and report any violations or suspicious activities to Vibechat support.

These guidelines are designed to create a respectful and law-abiding community on Vibechat, ensuring that our platform remains a trusted and valuable tool for small businesses serving their customers. Adherence to these standards is crucial for maintaining the integrity and functionality of our Services, and we appreciate the cooperation of all our users in upholding these principles.

6. Rights We Grant You

Vibechat grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is specifically intended to allow you to use and enjoy the benefits of the Services as permitted by these Terms and our usage policies.

Software Updates and Adjustments:

• Automatic Updates: The software provided by Vibechat may automatically download and install updates, upgrades, or other new features. These updates are part of our commitment to improving user experience and ensuring the optimal functionality of the Services.
• User Control Over Updates: Depending on your device's settings, you might have the option to adjust or control the automatic download of these updates.

Restrictions on Use:

• No Unauthorized Uses: You are not permitted to copy, modify, distribute, sell, or lease any part of our Services. The unique features and functionalities of Vibechat are protected and are meant to be used within the scope of our provided services.
• Prohibition on Reverse Engineering: Attempting to reverse engineer or extract the source code of our software is strictly prohibited, except to the extent that applicable laws specifically prohibit such restrictions.
• Need for Written Permission: In cases where you need to go beyond these usage limitations (such as for academic research, development, or other similar purposes), you must obtain our written permission before undertaking such activities.

Ensuring Lawful and Compliant Use:

• Compliance with Laws and Regulations: Your use of Vibechat's Services must be in full compliance with all applicable local, state, national, and international laws, rules, and regulations.
• Respecting Intellectual Property: Vibechat is built on a foundation of respect for intellectual property rights, and users are expected to uphold the same standards in their use of the Services.

This license is granted to enhance your experience with Vibechat and to enable you to leverage the functionalities of our AI-enhanced chat services effectively and legally. Your adherence to these terms ensures a safe, respectful, and enjoyable environment for all users of Vibechat.

7. Rights You Grant Us

Your content

"Your Content" includes the business information, knowledge base entries, prompts, configuration, and other materials you upload or input to train and operate your AI Front Desk, as well as the conversation transcripts and messages exchanged through the Services.

License you grant to Vibechat

You retain ownership of Your Content. To operate and improve the Services, you grant Vibechat a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, and create derivative works of Your Content solely for the following purposes:

• Operating, providing, and securing the Services on your behalf and on behalf of your customers.
• Maintaining, troubleshooting, and improving the Services, including by analyzing aggregated and de-identified usage patterns.
• Training, evaluating, and improving the underlying models and components that power your AI Front Desk, in each case using only de-identified or aggregated content unless you have separately opted in.
• Complying with applicable law, legal process, or enforceable governmental requests.

This license terminates when you delete Your Content or close your account, except for backup copies retained for a reasonable period and de-identified or aggregated data already incorporated into our systems.

What we do NOT take by default

Unless you separately and expressly opt in:

• We will not use Your Content, your business name, your logo, or your likeness in Vibechat marketing, advertising, case studies, or testimonials.
• We will not sublicense Your Content to third parties for their own purposes.
• We will not sell Your Content.

Optional marketing use

If you wish to be featured in a Vibechat case study, testimonial, or marketing material, we'll ask for your written permission separately and you can revoke it at any time for future use.

Content review

We reserve the right, but have no obligation, to review or remove content that we reasonably believe violates these Terms or applicable law. You remain responsible for Your Content and for ensuring that your use of the Services complies with all applicable laws.

8. The Content of Others

On Vibechat, a significant portion of the content you interact with comes from other users, including the small businesses operating AI Front Desks and the customers interacting with those Front Desks. This includes everything from customer inquiries to feedback, and general communication within the app. It's important to note that the responsibility for this content lies with the individual or entity that creates and submits it.

Our Stance on User Content:

• Review and Removal: While Vibechat reserves the right to review, screen, and potentially remove content on our platform, we do not actively monitor all user-generated content. This means we are not in a position to assume responsibility for any content that others upload or share through our services.
• Content Oversight: Our ability to control or manage the entirety of the content on Vibechat is limited. Consequently, we cannot guarantee that all user-generated content will always align with our Terms of Service or Community Guidelines.

User Responsibilities:

• User Conduct: Users of Vibechat are expected to use the platform in a manner that is respectful, legal, and in accordance with our guidelines. We encourage a positive, constructive, and professional atmosphere in all interactions.
• Reporting Inappropriate Content: We depend on our community to help maintain the standards of our platform. If you encounter any content that you believe violates our guidelines or terms, we encourage you to report it. This helps us maintain the integrity and quality of the service.

The Role of Vibechat:

• Maintaining Standards: Our goal is to ensure that Vibechat remains a trustworthy and effective platform for AI-powered communication between small businesses and their customers. To this end, we strive to enforce our guidelines and terms of service as effectively as possible.
• Empowering Users: We believe in empowering our users with tools and options to manage their interactions and experience on Vibechat effectively. This includes features that allow for the reporting and filtering of content.

The content you encounter on Vibechat, generated by other users or entities, is a fundamental aspect of the service we provide. While we aim to uphold a high standard for this content, it's the responsibility of each user to create and interact with content in a way that respects our community standards. Our team is dedicated to supporting a safe and productive environment but also relies on the active participation of our users to report and mitigate inappropriate content.

9. Privacy

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that Vibechat can collect, use, and share your information consistent with that policy.

10. Respecting Other People's Rights

Vibechat is committed to upholding the rights of others, and we expect our users to do the same. It's crucial to use our AI-enhanced chat services in ways that respect the rights and dignity of others.

Prohibited Actions:

You may not use Vibechat or enable others to use it in ways that:

• Infringe Rights: Violate or infringe others' rights of publicity, privacy, copyright, trademark, or any other intellectual property right.
• Harmful Conduct: Engage in actions that bully, harass, intimidate, or defame another person.
• Spam and Solicitation: Send unsolicited spam messages or solicit our users for commercial purposes without permission.

Respecting Vibechat's Rights:

Your use of Vibechat is governed by these Terms, which do not permit the following:

• Misuse of Branding: You may not use the branding, logos, designs, photographs, videos, or any other materials associated with Vibechat's services without explicit permission.
• Unauthorized Use of Content: Copying, archiving, distributing, syndicating, broadcasting, performing, displaying, or making available any content from the Services, except as explicitly permitted by these Terms, is prohibited.
• Commercial Exploitation: You cannot use the Services, any tools offered by the Services, or content from the Services for commercial purposes without our consent.

You must use Vibechat and the content it provides in a manner that is consistent with these Terms. Unauthorized or harmful use, as well as enabling others to do so, is strictly prohibited. Our goal is to ensure that Vibechat remains a respectful, safe, and legally compliant platform for everyone.

11. Respecting Copyright

Vibechat adheres to the stipulations of the Digital Millennium Copyright Act (DMCA). We promptly address and remove any content from our services upon discovering that it infringes upon copyright. Furthermore, if it comes to our attention that a Vibechat user is a repeat infringer, we will take necessary steps to terminate their account.

Reporting Copyright Infringement:

To report suspected copyright infringement on Vibechat, please reach out to our designated agent at the following contact information:

Vibechat Email: info@vibechat.ai

For your notice to be valid under 17 U.S.C. § 512(c)(3), it should include:

• Authorized Signature: The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the Work: Clear identification of the copyrighted work claimed to have been infringed.
• Identification of the Material: Precise identification of the material claimed to be infringing or to be the subject of infringing activity, with enough detail to allow Vibechat to locate the material on the Services.
• Contact Information: Your contact details, including address, telephone number, and email address.
• Good Faith Belief: A statement of your good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• Accuracy Statement: A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Vibechat is committed to respecting intellectual property rights and ensuring that our platform remains a legal and safe space for all users.

12. Safety and Responsible Use

At Vibechat, we prioritize providing a secure and responsible platform for AI Front Desk services. Safety on our platform is a shared responsibility, and we count on you to help maintain a safe environment.

Your Commitments for Safe Usage:

• Compliance with Terms and Laws: You agree not to use the Services for any illegal purposes or in ways prohibited by these Terms.
• No Automated Abuse: Avoid using bots, spiders, crawlers, scrapers, or other automated means to interface with or extract data from our Services without our written consent.
• Third-party Application Restrictions: You should not create or use third-party applications that interact with our Services or user data without our explicit permission.
• Avoid Disruptive Behavior: Do not engage in activities that can interfere with, disrupt, or negatively impact other users' experiences or the proper functioning of our Services.
• Respect User Accounts: Do not attempt to access or use other users' accounts, usernames, or passwords without their consent.
• No Phishing: Avoid soliciting login credentials or personal information from other users.
• Content Restrictions: Refrain from posting or sharing inappropriate content, including pornography, graphic violence, hate speech, or threats.
• No Harmful Code: Do not upload viruses, malware, or engage in actions that could compromise the security of the Services.
• Respect Our Filters and Boundaries: Avoid attempting to bypass content filters or access unauthorized areas or features of the Services.
• No Probing for Vulnerabilities: Do not probe, scan, or test the vulnerability of our Services, networks, or systems.
• Discourage Violations: Do not promote or encourage activities that violate these Terms.

Safety Beyond the App:

• Use Responsibly: Use the Services in a manner consistent with applicable safety laws and common-sense practices. Do not access or operate the Services in situations where doing so would distract you from your immediate safety or the safety of others.

By using Vibechat, you are part of an ecosystem that values safety, security, and responsible behavior. It's important to understand and respect these guidelines to ensure a positive experience for all users on our platform. Let's work together to keep Vibechat a safe and effective platform for the small businesses and customers who use it.

13. Your Account

Your Vibechat account is your portal to streamlined, AI-enhanced customer interactions. It's vital to maintain the security and integrity of your account to ensure smooth operation and protect sensitive customer data. Here are some guidelines to keep your account secure:

• Account Uniqueness: You should create only one account per individual or entity and ensure that each account is distinct and secure.
• Account Recovery: If Vibechat disables your account due to policy violations or security concerns, creating another account without our explicit permission is not allowed.
• Account Sharing Prohibited: Do not sell, transfer, or lease access to your Vibechat account or its features. Your account is unique to your business and should be used solely for operating your AI Front Desk.
• Strong Passwords: Choose robust, unique passwords for your Vibechat account to prevent unauthorized access. Do not use the same password that you have set for other platforms or services.
• Safeguarding Access: Avoid sharing your Vibechat login credentials with others. Your account contains sensitive customer data and should only be accessed by authorized personnel.
• Unauthorized Access: If you suspect that someone else has gained access to your account or there is any breach of security, notify Vibechat Support immediately for assistance.

Remember, your Vibechat account is more than just a login — it's a key part of how your business communicates with customers. Responsible use and protection of your account are paramount to getting the full benefit of your AI Front Desk.

14. Data Charges

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services. If you change the email address or phone number associated with your Vibechat account, please update your account information promptly so we can continue to send you account-related communications at the right address.

15. Third-Party Services

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. Vibechat is not responsible or liable for a third party's terms or actions taken under the third party's terms.

16. Modifying the Services and Termination

We're relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. While we hope you remain a lifelong user; however, you can terminate these Terms at any time and for any reason by deleting your account. Vibechat may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. Regardless of who terminates these Terms, both you and Vibechat continue to be bound by Sections 7, 8, 11, 15, 16, and 17-24.

17. Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Vibechat, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.

18. Disclaimers

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE VIBECHAT ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

VIBECHAT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH VIBECHAT WILL BE RESPONSIBLE FOR.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIBECHAT AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF VIBECHAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VIBECHAT'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID VIBECHAT, IF ANY, IN THE LAST 12 MONTHS.

20. Arbitration, Class-Action Waiver, and Jury Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND VIBECHAT TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

Applicability of Arbitration Agreement.

You and Vibechat agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Vibechat are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase "all claims and disputes" also includes claims and disputes that arose between us before the effective date of these Terms.

Arbitration Rules.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA") and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Additional Rules for Non-appearance Arbitration.

If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

Authority of the Arbitrator.

The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Vibechat. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Vibechat.

Waiver of Jury Trial.

YOU AND VIBECHAT WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Vibechat are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Vibechat over whether to vacate or enforce an arbitration award, YOU AND VIBECHAT WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 21.

Right to Waive.

Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

Opt-out.

You may opt out of this arbitration agreement. If you do so, neither you nor Vibechat can force the other to arbitrate. To opt out, you must notify Vibechat in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Vibechat username and the email address you used to set up your Vibechat account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must email the opt-out notice to info@vibechat.ai.

Small Claims Court.

Notwithstanding the foregoing, either you or Vibechat may bring an individual action in small claims court.

Arbitration Agreement Survival.

This arbitration agreement will survive the termination of your relationship with Vibechat.

21. Exclusive Venue

To the extent that these Terms allow you or Vibechat to initiate litigation in a court, both you and Vibechat agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Eastern District of Virginia. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Courts of Manassas, Virginia. You and Vibechat consent to the personal jurisdiction of both courts.

22. Choice of Law

Except to the extent they are preempted by U.S. federal law, the laws of Virginia, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.

23. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

24. Additional Terms for Specific Services

Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.

25. Final Terms

These Terms constitute the full agreement between you and Vibechat. They encompass the complete understanding and contract for the use of our AI Front Desk Services and override any previous agreements.

Key Points of Agreement

• Exclusive Agreement: This document, along with any additional terms applicable to specific services you may use, represents the entire agreement between you and Vibechat.
• No Third-Party Beneficiaries: The agreement established by these Terms is solely for the benefit of you and Vibechat. It does not create any rights for any third party.
• Non-Waiver: Our failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part of these Terms.
• Reserved Rights: Any rights not explicitly granted to you in these Terms remain the exclusive property of Vibechat.
• Non-Transferability: Your rights and obligations under these Terms are personal to you and may not be transferred or assigned without the express consent of Vibechat.

By using Vibechat, you agree to abide by these Terms, which are designed to ensure productive, secure, and efficient use of your AI Front Desk.