Important Legal Notice
THESE STANDARD TERMS AND CONDITIONS ("Standard Terms") GOVERN ACCESS TO AND USE OF THE VIBE ENGINE AI PLATFORM PROVIDED BY BITACHON ENTERPRISES LLC. BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
Subject to these Terms, Vibe Engine AI grants Customer access to its software-as-a-service platform at https://www.vibe-engine.ai, which includes:
Use may be subject to limits (e.g., prompt/response caps) specified in the applicable Order.
Services are provisioned under one or more Orders, which outline subscription terms, volume caps, and term lengths.
During the Term, and conditioned on compliance, Customer is granted a limited, non-exclusive right to use the Services solely for its internal business operations.
Customers may authorize employees or contractors as "Users," who must keep credentials secure. The customer is responsible for all activity via its Users.
Subject to compliance, Vibe Engine AI grants a limited license to use its official usage guidelines and documentation.
Customer will not:
Vibe Engine AI will use commercially reasonable efforts to maintain uptime and provide support during the Term. Support terms may vary based on subscription tier.
Customer grants Vibe Engine AI a license to use Customer Data to:
Services may produce AI-generated "Output" (excluding "Generated Content") based on Customer Data. Customers may use such Output in accordance with this Agreement.
Generated Content (e.g., marketing copy, images) is for internal use and should be reviewed by Customer. Vibe Engine AI disclaims responsibility for its accuracy or legality.
Output may include responses from third-party AI platforms. Vibe Engine AI does not guarantee continued access to any particular model or platform.
Customer is solely responsible for its Data, and must ensure it has all rights and consents necessary for Vibe Engine AI to perform the Services.
Access may be suspended if Customer:
Where feasible, notice will be provided.
Use of integrated third-party platforms (e.g., Google Workspace) is governed by their own terms. Customer authorizes data sharing necessary for such integrations.
Customer will pay fees as set forth in the Order. Unless otherwise stated, fees are non-refundable and due within 30 days of invoice.
All fees are exclusive of applicable taxes, which are Customer's responsibility.
Vibe Engine AI warrants that the Services will operate materially in accordance with its documentation.
If Services breach warranty, Customer must notify Vibe Engine AI within 30 days, and Vibe Engine AI will attempt to fix the issue. If not resolved, Customer may terminate and receive a refund for unused fees.
Except as expressly provided, Services are provided "as is." Vibe Engine AI makes no warranties of merchantability, fitness for a particular purpose, or non-infringement. Generated Content is not guaranteed to be accurate or unique.
Initial and renewal terms are defined in the Order.
Either party may terminate for breach (after a 30-day cure period), bankruptcy, or cessation of business.
Access ends on termination. Customer Data may be deleted.
Key sections including confidentiality, IP ownership, and liability will survive termination.
All rights not expressly granted remain with their respective holders. Customer owns its Data; Vibe Engine AI owns its platform and technology. Feedback is welcomed and may be used without obligation.
Neither party is liable for indirect, consequential, or punitive damages.
Except for excluded claims (e.g., data misuse, IP violations), liability is capped at amounts paid by Customer in the prior 12 months.
Sections 2.5 and 5 violations, or breaches of confidentiality, are not subject to these limits.
For claims alleging platform IP infringement.
For misuse, third-party claims related to Customer Data, or use of Output.
Parties must promptly notify, cooperate, and allow control of defense.
Vibe Engine AI may modify, replace, or remove infringing elements.
No indemnity for misuse or unapproved modifications.
Each party agrees to safeguard the other's confidential information using reasonable measures and only uses it as permitted. Exceptions include public knowledge, prior knowledge, or independent development.
Disclosures required by law are permitted with prior notice, where lawful.
Trials and beta features are provided "as is" with no warranties. Either party may terminate early.
Customer agrees Vibe Engine AI may include its name and logo in marketing unless requested otherwise in writing.
Neither party may assign without consent, except during mergers or acquisitions.
New York law governs. The venue is New York, NY.
Notices may be sent by email or post as provided in the Order.
This Agreement supersedes prior agreements.
Must be in writing unless permitted electronically.
Must be explicit and in writing.
Neither party is liable for delays beyond its control.
Vibe Engine AI may use subcontractors.
The parties are independent contractors.
Customers must comply with applicable export laws.
OSS components are governed by their respective licenses.
Restricted rights apply to U.S. Government use.
Order terms override in case of conflict.
If you have any questions about these Terms & Conditions, please contact us: