Terms of Service

Last updated: March 28, 2025

1. Acceptance of Terms

By accessing or using the VibeBanner service, website, and any other linked pages or applications (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

VibeBanner provides a platform for creating social media ads using artificial intelligence technology. The Service allows users to upload brand assets, provide prompts, and generate ad creatives.

3. No Service Level Objectives or Guarantees

IMPORTANT: VibeBanner's functionality and availability depend on external service providers and technologies that are beyond our direct control. As such:

• We do not provide any Service Level Objectives (SLOs) or Service Level Agreements (SLAs) regarding uptime, availability, or performance.
• The Service may experience downtime, delays, or degraded performance due to maintenance, updates, or issues with our third-party providers.
• We will make reasonable efforts to ensure the Service is available, but we cannot guarantee continuous, uninterrupted access to the Service.
• We reserve the right to modify, suspend, or discontinue the Service, temporarily or permanently, at any time without notice.

4. AI-Generated Content Disclaimer

IMPORTANT: The ads and creative content generated by VibeBanner are created using artificial intelligence technologies. By using the Service, you acknowledge and agree that:

• We cannot guarantee the quality, accuracy, originality, or appropriateness of AI-generated content.
• AI-generated content may sometimes produce unexpected, inaccurate, offensive, or incomplete results.
• You are responsible for reviewing and approving all generated content before using it in your marketing campaigns.
• We do not guarantee that the generated content will lead to any specific business outcomes, engagement rates, or conversion metrics.
• The effectiveness of generated ads may vary based on numerous factors beyond our control.
• You acknowledge that AI technology and its outputs continue to evolve, and results may change over time.

5. Accounts and Registration

To access certain features of the Service, you must create an account. You must provide accurate, current, and complete information during the registration process and keep your account information up-to-date. You are responsible for safeguarding your password and for all activities that occur under your account.

6. Payment Terms

Some features of the Service require payment. By subscribing to a paid plan, you agree to pay all fees in accordance with the pricing and payment terms presented to you. Unless otherwise stated:

• All fees are in U.S. dollars and are non-refundable.
• For subscription plans, your subscription will automatically renew unless you cancel it.
• We may change our prices at any time, but will provide you with reasonable notice before changes apply to you.

7. Your Content

You retain all ownership rights to any content you upload to the Service, including logos, brand assets, and other materials ("Your Content"). By uploading Your Content, 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 represent and warrant that you own or have the necessary rights to Your Content and that the use of Your Content does not violate any third-party rights.

8. Prohibited Uses

You agree not to use the Service to:

• Violate any applicable laws or regulations.
• Infringe on the intellectual property rights of others.
• Generate content that is hateful, harmful, discriminatory, or illegal.
• Upload malicious code or attempt to harm the Service or other users.
• Attempt to gain unauthorized access to the Service or its related systems.

9. Intellectual Property

The Service and its original content, features, and functionality are owned by VibeBanner and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not duplicate, copy, or reuse any portion of the visual design elements or concepts without express written permission from us.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

VIBEBANNER DOES NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

11. Limitation of Liability

IN NO EVENT SHALL VIBEBANNER, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless VibeBanner and its licensees, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

15. Changes to Terms

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

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

16. Contact Us

If you have any questions about these Terms, please contact us at:

Email: terms@vibebanner.com
Address: VibeBanner Inc., 123 Design Avenue, San Francisco, CA 94103, USA