Terms of
Service

Agreement to Terms

These Terms of Service ("Terms") govern your use of Vibseek's AI-powered sound discovery platform and related services (collectively, the "Service") operated by Vibseek ("we," "our," or "us").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service.

Service Description

Vibseek is an AI-powered platform that connects sound creators with music producers, content creators, and artists seeking specific sounds for their projects. Our Service includes:

• AI-powered sound discovery, search, and recommendation functionality
• Marketplace for buying and selling audio content including music samples, one-shots, loops, sound effects, and digital products (Ableton Live projects, hardware projects, presets)
• Interactive Sketchboard for previewing and combining sounds
• Pay-as-you-go and subscription-based pricing models
• Analytics and insights for content creators

User Accounts

Account Creation

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the confidentiality of your account credentials
• You must be at least 16 years old to create an account
• One person or entity may not maintain multiple accounts

Account Responsibilities

• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• You may not transfer your account to another person or entity
• We reserve the right to suspend or terminate accounts that violate these Terms

Content and Licensing

User-Generated Content

You retain ownership of content you upload to our platform. By uploading content, you grant Vibseek and other users certain rights as outlined below.

Licenses Granted

Content Requirements

• You must own or have proper rights to all content you upload
• All content must be cleared and created by you - sellers are responsible for ensuring their content is original and properly licensed
• Content must not infringe on third-party intellectual property rights
• Content must comply with our community guidelines and applicable laws
• You may not upload content that is illegal, harmful, or violates others' rights
• Supported content types include: music samples, one-shots, loops, sound effects, Ableton Live projects, hardware projects, and presets

AI and Technology Services

AI-Powered Features

Our platform uses artificial intelligence to provide sound discovery, search, recommendations, and insights. These AI features are designed to enhance your experience but come with certain limitations and responsibilities.

AI Limitations and Disclaimers

• AI recommendations and search results are provided "as is" and may not always be accurate or suitable for your specific needs
• You are responsible for evaluating and selecting content that meets your requirements
• We do not guarantee that AI-generated insights or recommendations will improve your projects
• AI features may be updated or modified without prior notice

Data Usage for Service Improvement

We may use anonymized usage data and product interactions to improve our AI algorithms and overall service quality. This does not include your personal content or audio files, which remain private unless you choose to share them.

Payment Terms

Pricing and Billing

• All prices are displayed in EUR for now
• We offer both pay-as-you-go and subscription-based pricing models
• Subscription plans include monthly and annual billing options
• Prices may change with 30 days' notice to existing subscribers
• Payment is due in advance for subscription services
• We accept major credit cards and other payment methods as available

Refunds

• Digital content purchases are generally non-refundable
• Subscription refunds may be available within 14 days of initial purchase
• Refunds for technical issues will be evaluated on a case-by-case basis
• All refund requests must be submitted through our support system

Seller Payments

• Sellers receive up to 90% of the profit from their sales
• Our platform commission is typically 10% of the sale price
• Payments are processed monthly for amounts over €10
• Tax reporting is the responsibility of individual sellers
• We may withhold payments for accounts under review or investigation

Marketplace Terms

Buyer and Seller Responsibilities

• Buyers are responsible for ensuring purchased content meets their licensing needs
• Sellers are responsible for providing accurate descriptions and proper licensing terms
• All transactions are final once payment is processed
• Both parties must comply with applicable tax laws in their jurisdiction

Dispute Resolution

Disputes between buyers and sellers will be resolved on a case-by-case basis. We encourage users to communicate directly to resolve issues before escalating to our support team.

• Contact our support team for assistance with transaction disputes
• We may mediate disputes but are not obligated to resolve all issues
• Our decision in dispute resolution is final
• Users agree to cooperate with our dispute resolution process

Prohibited Uses

You may not use our Service for any unlawful purpose or in any way that could damage, disable, overburden, or impair our platform. Prohibited activities include:

• Violating any applicable laws or regulations
• Infringing on intellectual property rights of others
• Uploading malicious software or harmful content
• Attempting to gain unauthorized access to our systems
• Creating fake accounts or impersonating others
• Spamming, harassing, or abusing other users
• Circumventing our payment systems or fees
• Using automated tools to access our Service without permission

Intellectual Property Rights

Our Rights

The Service and its original content, features, and functionality are owned by Vibseek and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Rights

You retain ownership of content you create and upload. However, you grant us necessary licenses to operate our Service as described in the Content and Licensing section.

DMCA Compliance

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe your copyright has been infringed, please contact us at copyright@vibseek.com.

Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our Service. By using our Service, you agree to the collection and use of information in accordance with our Privacy Policy.

We collect various types of information including personal details, social media profiles, music preferences, experience levels, and usage patterns to provide personalized recommendations and improve our AI-powered services. This data is used to enhance your experience and product functionality.

Limitation of Liability

To the maximum extent permitted by law, Vibseek shall not 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 your use of the Service.

Our total liability to you for any damages arising from or related to these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or €100, whichever is greater.

Disclaimers

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included on the Service.

We do not warrant that the Service will be uninterrupted, secure, or free of errors, viruses, or other harmful components. We reserve the right to modify or discontinue the Service at any time without notice.

Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Dispute Resolution

These Terms shall be interpreted and governed by the laws of the European Union and United States, as our primary markets, without regard to conflict of law provisions. We will update this section once our business entity is formally established.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the relevant arbitration association, except that either party may seek injunctive relief in court to prevent irreparable harm.

Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.