Terms & Conditions

1. Introduction

Vibe Mobile is an online platform (“Platform”, “Service”) provided by AppVantage, Inc. (“AppVantage”, “us”, “we”) that enables users (“App Creators”, “customers”, “you”) to create mobile applications (“Apps”) for other users (“End-user”, “users”). The software application that powers the Vibe Mobile brand is named Mobile Architect which is a owned technology by AppVantage.

2. Account Terms

Violation of any of the terms below will result in the termination of your Account without notice. While Vibe Mobile prohibits bad conduct and content on the Platform, you understand and agree that Vibe Mobile cannot be responsible for the content posted or shared on the Platform. You agree to use the Platform at your own risk.

  • You must be 13 years or older to use this Platform.
  • You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  • You must provide your valid email address, your age, your legal full name, and any other information requested in order to complete the signup process.
  • You are responsible for maintaining the security of your account and password. Vibe Mobile cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
  • You may not use the Platform for any illegal or unauthorized purpose. You must not, in the use of the Platform, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may and should review the Privacy Policy to see how Vibe Mobile collects and uses your information and content.
  • If you are found using Content with malicious intent and falsifying usage data, Vibe Mobile reserves the right to hold funds until an audit is made verifying accuracy.

3. Payments and Refund Terms

Optional premium paid services are available on the Platform. By selecting a premium service you agree to pay Vibe Mobile the monthly or annual subscription fees or one-time charges indicated for that service. Payments will be charged upon activation of charged services.

  • A valid credit card is required.
  • The Service is non-refundable. In order to treat everyone equally, no exceptions will be made.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties in your location.
  • Vibe Mobile will do our best to provide tools to help you increase the probability that your Apps will be approved by Apple and all other platform app markets; but we do not and cannot guarantee approval in Apple's nor other App Stores. If Apple or other app stores deny your application you may cancel your account, however there are no refunds under any circumstances.

4. Cancellations and Termination

  • You are solely responsible for properly canceling your account. Account cancellation requests must be submitted by logging into your control panel. Cancellations by phone or sent to any other email address will not be considered valid.
  • Vibe Mobile has the right to suspend or terminate your account and refuse any and all current or future use of the Platform, or any other AppVantage service, for any reason, at any time, without any refund of monies paid. Such termination of service will result in the deactivation or deletion of your Account, your access to your Account, and the forfeiture and relinquishment of all content in your Account.
  • Vibe Mobile reserves the right to refuse service to anyone for any reason at any time. Such refusal may include, but is not limited to, Apps involving materials that Vibe Mobile determines: to be violent, obscene, or offensive, to advocate violent or illegal activity, to contain (or have the potential to contain) any computer viruses, or to contravene any law, statute, or ordinance, or to violate these Terms of Service.

5. Modifications to the Service and Prices

  • Vibe Mobile reserves the right at any time and from time to time to modify or discontinue—temporarily or permanently—the Platform (or any part thereof) with or without notice at any time.
  • Prices of all services, including but not limited to any monthly subscription plan fees, are subject to change at any time, with or without notice. Notice may be provided at any time by posting the changes to the Platform.
  • Vibe Mobile shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Platform.
  • From time to time, Vibe Mobile may issue an update to the Platform that may add, modify, and/or remove features. These updates may be pushed out automatically with little or no notice, although Vibe Mobile may notify you in advance of an upcoming update, including details on what the update includes.

6. Copyrights and Content Ownership

  • We claim no intellectual property rights over the material you provide to the Platform. Your profile and materials uploaded remain yours. However, by using the Platform to create your App, you agree to allow others to view and share your Content.
  • In addition, Content that is covered by intellectual property rights, like photos and videos, you specifically give Vibe Mobile the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property content that you submit or share with the Platform or Apps. This license ends when you delete your intellectual property content, or when you request in writing to delete your account.
  • The look and feel of the Platform is copyright Vibe Mobile. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Vibe Mobile.
  • By using the Platform, you warrant that you have full right and ownership of any and all copyrighted material you upload to, or distribute through, the Platform.
  • You shall be solely responsible for securing and paying for all digital delivery licenses, mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from all copyright owners (or their agents) required in connection to all Content selected by you for use in connection with the Platform.
  • After removal of Content or deletion of your account, copies of information may still remain viewable elsewhere, if the Content has been shared, copied, or stored by other users.

7. Quality of Service

Vibe Mobile will use commercially reasonable efforts to enlist the work of highly qualified Service Providers to render professional services. Nonetheless, we cannot guarantee that documents and services will meet all of your expectations, or that document and services will be entirely error free. While reasonable efforts are made to keep the Platform accurate and current, Vibe Mobile assumes no liability for any inaccuracies in the Platform or any of its services or for any damages that may result from the use of information posted on the Platform.

  • You understand and agree that your use of Platform and all of its services is at your own risk. As part of this assumption of risk, you acknowledge and agree that you are responsible for providing accurate and complete information when making your App with us.
  • If you are not satisfied with the services, you are encouraged to immediately inform Vibe Mobile by email at feedback@vibemobile. At no time are we obligated to issue a monetary refund, nor are we liable for damages in connection with any defect, perceived or real, in the services rendered.
  • You understand that the words and opinions of other clients and users of the Platform are not necessarily those of Vibe Mobile and Vibe Mobile does not and cannot accept responsibility of such words or opinions.
  • You further agree that AppVantage, Vibe Mobile, or any Service Provider in any way guarantees a particular outcome (e.g., acceptance into iTunes Store, increased sales, etc.) as a result of using such services.

8. Limitation of Liability

In accepting these Terms of Service, you expressly agree that you understand the limitations of liability set forth in these Terms of Service and, further, agrees that you will not seek damages against AppVantage / Vibe Mobile or its agents, suppliers, licensors, or Service Providers for any perceived or real defect in the documents provided or services rendered, or for any consequences of such a defect. To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Vibe Mobile or any of its licensors, suppliers, agents or service providers be liable for any incidental, indirect, punitive, special or consequential damages that result from the use of, or the inability to use, the Platform, even if we have been advised of the possibility of such damages.

Exclusions and Limitations:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. The exclusions and limitations of liability in these terms of service will apply notwithstanding any failure of essential purpose of any limited remedy.

Indemnification:
You agree to indemnify and hold Vibe Mobile, its employees, suppliers, licensors, agents and its Service Providers (and its and their successors, officers, directors, and employees) harmless from and against any and all claims, demands, costs, liabilities, judgment, losses, expenses and damages (including attorneys' fees) arising out of, in connection with, or related to:

  • Your use of the Platform or any of its services, including without limitation any problems arising from technical difficulties (including but not limited to, the transmission of computer viruses and the interruption of services), any fraudulent use of a credit card or other payment method used to purchases services, or any violation of these Terms of Service; or
  • Any Client Documents or any other data, software, services or other materials that you use in connection with your access or use of the Platform or services, including without limitation any claim that such data, software, services, or other materials, or any part thereof, infringes, misappropriates, or otherwise violates any copyright, patent, trade secret, trademark or other legal right of any third party.

Governing Law and Dispute Resolution:
These Terms of Service shall be governed in accordance with the laws of the state of Delaware, without regard to its principles of conflict of laws. Vibe Mobile and its services is controlled and operated by AppVantage and its suppliers and licensors offices are in the United States. AppVantage makes no representation that materials in Vibe Mobile and its services are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

9. General Conditions

  • Your use of the Platform is at your sole risk. The Platform is provided on an "as is" and "as available" basis.
  • Technical support is only available through community forums, our ticket system or paid phone support.
  • You understand that Vibe Mobile uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Platform.
  • You must not modify, adapt or hack the Platform or modify another website so as to falsely imply that it is associated with any other AppVantage service.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, use of the Platform, or access to the Platform without permission.
  • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any AppVantage/ Vibe Mobile customer, employee, member, or officer will result in immediate account termination.
  • You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • By using the Platform, you expressly consent to us building your app on multiple platforms and multiple phone operating systems, even if those platforms and phone operating systems are not available today.
  • If your app is built using the Vibe Mobile provisioning file or published under the Vibe Mobile or AppVantage brand, you agree that AppVantage has the right to the following, with or without notice, at any time and for any reason:
    • Remove app from publication
    • Modify the description or other characteristics or features of your App
    • Publicize your App and your brand
  • You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
  • You must not transmit any worms or viruses or any code of a destructive or malicious nature.
  • Vibe Mobile does not warrant that:
    • The Platform will meet your specific requirements
    • The Platform will be uninterrupted, timely, secure, or error-free
    • The results that may be obtained from the use of the Platform will be accurate or reliable
    • The quality of any products, services, information, or other material purchased or obtained by you through the Platform will meet your expectations, and any errors in the Platform will be corrected.
  • You expressly understand and agree that Vibe Mobile shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Vibe Mobile has been advised of the possibility of such damages), resulting from:
    • The use or the inability to use the Platform
    • The cost of procurement of substitute products and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Platform
    • Unauthorized access to or alteration of your transmissions or data
    • Statements or conduct of any third party on the Platform or any other matter relating to the Platform.
  • User understands that any Apps created in Vibe Mobile is through their own volition and therefore indemnify and hold harmless Vibe Mobile and its parent company AppVantage, Inc. and all its subsidiaries, employees, and any agent acting on their behalf from any and all liabilities, claims, demands, or personal injury, including death that may be sustained, due to or relating in any way but not limited to copy right infringement, fraudulence, or trademark violation by way of creating and/or using of any apps created by Vibe Mobile.
  • The failure of Vibe Mobile to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Vibe Mobile and govern your use of the Platform, superseding any prior agreements between you and AppVantage (including, but not limited to, any prior versions of the Terms of Service).

10. Questions or Feedback

Any questions about this Privacy Policy should be addressed to legal@vibemobile.com
Feedback or suggestions are welcome and should be addressed to feedback@vibemobile.com
While we are appreciative of your feedback or suggestions about Vibemobile.com we are not under obligation to use said feedback or compensate you if we do.