Get started for free

Legal

Terms of Use

Last Updated: November 9, 2026

1. Introduction

These terms of use ("Terms of Use" or “Terms”) constitute a binding agreement between you (“Customer,” "User" or "you") and OnVibe, Inc., (collectively "OnVibe," "we," or "us"), the operator of the marketing website at onvibe.co, the interactive preview environment at demo.onvibe.co, and OnVibe’s AI social marketing system (the “System”), which may be accessed via the web app at app.onvibe.co, and the content and services enabled by or through the System (collectively the “Services” or the “Online Services”). These Terms govern your use of and access to the Services.

By using any Online Services, you represent that (1) you have read, understand, and agree to be bound by these Terms of Use, (2) you are at least 18 years of age and have the legal capacity to form a binding contract with OnVibe, and (3) you have the authority to enter into these Terms of Use.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

PLEASE BE AWARE THAT THESE TERMS CONTAIN PROVISIONS IN SECTION 19 OBLIGATING YOU AND ONVIBE TO RESOLVE DISPUTES THAT ARISE BETWEEN US, INCLUDING ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE TERMS OF USE, THROUGH BINDING AND FINAL ARBITRATION. SECTION 19 CONTAINS AN ARBITRATION AGREEMENT. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU MAY NOT BE A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR PROCEEDING AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

PLEASE ALSO BE AWARE THAT SECTION 4 (ONVIBE COMMUNICATIONS) BELOW CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATIONS.

If you are entering into these Terms on behalf of an entity, all references to “you” in these Terms other than in this paragraph refer to the entity, and you represent and warrant that you are a duly authorized representative with the authorization to act on behalf of the entity and bind the legal entity to these Terms. In addition, you acknowledge that these Terms include rights, restrictions and obligations on all users of the Services, including individuals, workspace administrators, and workspace members. You may use the Services only in compliance with these Terms.

OnVibe Online Services are designed to use AI technology to generate personalized social media content from your social media content and data. OnVibe does not sell your information and shares your content and data solely with its trusted processors (which may include, without limitation, cloud infrastructure, analytics, customer relationship management, artificial intelligence, and email delivery providers), only as needed to deliver the Services to you. OnVibe may also use aggregated, deidentified usage data, which does not identify you, to improve the Services across all users. Please refer to the OnVibe Privacy Policy for more information, including our current list of subprocessors.

OnVibe reserves the right, at its sole discretion, to modify these Terms at any time upon notice to you. These Terms of Use are effective as of the Effective Date above or, the earliest date permitted by law. Please review these Terms of Use carefully before using any Online Services. If you do not agree with these Terms of Use, your sole remedy is to not use our Online Services. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.

Please note that your use of, and participation in, certain Online Services may be subject to additional terms ("Supplemental Terms"). The Supplemental Terms are incorporated into these Terms of Use and if the Terms of Use are inconsistent with any Supplemental Terms, the Supplemental Terms will take precedence.

2. Creating an account

In order to use the Online Services, you will need a user account (“Account”). You will need to provide certain information and details. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Online Services (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or OnVibe has reasonable grounds to suspect that any Registration Data you provide is untrue, inaccurate, not current or incomplete, OnVibe has the right to suspend or terminate your Account and refuse any and all current or future use of the Online Services (or any portion thereof). You agree not to create an Account using a false identity or information. You agree not to create an Account or use the Online Services if you have been previously removed or banned by OnVibe. By providing Registration Data and other relevant information (together, the “Information”), you grant permission to OnVibe and its partners to use such Information to provide the Online Services. By providing the Information, you represent and warrant that you have the authority and right to provide the Information and grant the relevant rights.

Prior to creating an Account and using the Online Services, you may submit a public link to (a) your LinkedIn or Instagram handles or your public business or creator profile (Meta) at audit.onvibe.co to receive an evaluation of your handle or profile (including, for LinkedIn only, suggested posts) or (b) your Instagram handle at app.onvibe.co to receive an assessment of your handle, from OnVibe. In each case, OnVibe will collect your social media handle and your email address, including in order to share the evaluation or assessment report, and your submission of such information is subject to your acceptance of these Terms of Use and our Privacy Policy.

3. License grant

The information and Content (as defined below) available in the Online Services are protected by copyright laws throughout the world.

a. Reserved.

b. License to the System. Subject to your compliance with the Terms of Use, OnVibe grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the System on mobile devices or computers that you own or control for your own personal or internal business purposes.

c. Updates. You understand that the Online Services are evolving. As a result, OnVibe may require you to accept updates to any Online Services that you have installed on your computer or mobile device. You acknowledge and agree that OnVibe may update the Online Services, including by over-the-air updates, with or without notifying you or obtaining further consents. You may need to update third-party software from time to time in order to use certain Online Services.

d. Certain Restrictions. The license rights granted to you in the Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Online Services or any portion of the Online Services; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other intellectual property (including images, text, page layout or form) of OnVibe or a third party; (c) you shall not use any metatags or other “hidden text” using OnVibe’s or a third party’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Online Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data contained in the Online Services; (f) except as expressly stated herein, no part of the Online Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Online Services. Any future release, update or other addition to the Online Services will be subject to the Terms of Use. OnVibe, its affiliates, partners, suppliers and service providers reserve all rights not granted in the Terms of Use. Any unauthorized use of any Online Services terminates the licenses granted by OnVibe pursuant to the Terms of Use.

e. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Online Services. You are solely responsible for any fees incurred in the use of the Online Services.

4. Communications from OnVibe

By Using the Online Services, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning the use of the Online Services, updates concerning new and existing features on the Online Services, communications concerning promotions run by us or our third-party partners, and news concerning OnVibe and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send.

5. Subscription and Payment Matters

When you register for an account, you may select to use either a free Starter plan or to purchase a monthly or annual subscription for the Services (each, a “Subscription”), as further described at https://onvibe.co/pricing.

a. Payment Processing. To facilitate payment for paid Services via bank account, credit card or debit card, OnVibe may use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor, or other third-party payment processors that OnVibe may select (“Alternative Payment Processor”). With respect to Stripe, Stripe’s payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the “Stripe Agreements”). By agreeing to the Terms and by using any paid component of the Services, you also agree to be bound by the Stripe Agreements, as may be modified by Stripe from time to time. You hereby authorize Stripe, or, as may be applicable, an Alternative Payment Processor selected by OnVibe, to store and continue automatically charging your payment method provided for your use of the Services and any Additional Purchases (as defined below). OnVibe assumes no liability or responsibility for any payments you make through the Services.

b. Charges and Automatic Renewal. Paid Services include subscription-based plans with automatically recurring payments for periodic charges. The “Subscription Billing Date” is the date when your paid Subscription to the Services commences. THE SUBSCRIPTION SERVICE WILL BEGIN ON THE SUBSCRIPTION BILLING DATE AND WILL AUTOMATICALLY RENEW (EITHER MONTHLY OR YEARLY, DEPENDING ON THE SUBSCRIPTION YOU PURCHASE) UNLESS YOU TIMELY CANCEL THE SUBSCRIPTION SERVICE OR ONVIBE TERMINATES IT. YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME THROUGH YOUR DASHBOARD. IF YOUR SUBSCRIPTION STARTS WITH A FREE TRIAL, YOU WILL BE BILLED FOR YOUR FIRST PAYMENT AT THE END OF THE FREE TRIAL UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL. You hereby authorize OnVibe and its third-party payment processors to charge your payment method provided automatically on the Subscription Billing Date and thereafter on each Subscription renewal date for all applicable fees and taxes for the next term, and for any Additional Purchases or any other sums accrued and owed to OnVibe. You hereby represent and warrant that you are authorized to use such designated payment method. You must cancel your Subscription Service at least 3 business days before it renews in order to avoid a subscription charge for the next Subscription term. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Subscription may be suspended or cancelled. You must resolve any problem that we (or our third-party payment processor) encounter in order to proceed with your Subscription. You acknowledge that the amount billed may vary due to promotional offers, changes in the Services, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount. Pricing information is available at https://onvibe.co/pricing, subject to updates made in OnVibe’s discretion and available at the foregoing link. Your continued use of the Services after a pricing update becomes effective constitutes your agreement to pay the updated amount. You are responsible for all taxes associated with the Services, other than taxes based on OnVibe’s net income. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. OnVibe reserves the right to cancel all or part of the Services and to discontinue making certain Services available without prior notice.

You may also elect to permit OnVibe to make purchases on behalf of you in furtherance of the Services (“Additional Purchases”), and OnVibe will charge you for such purchases at cost to your payment method on file as set forth above.

c. Concierge Plan. If you select OnVibe's concierge plan (“Concierge Plan”), the following additional terms apply: New Concierge plan customers receive a trial period of thirty (30) days at no charge, which includes up to eight (8) touchpoints with the OnVibe team. Following the trial period, your Subscription will convert to a paid Concierge Subscription billed at $99 per month, in advance, unless you cancel prior to the end of the trial period as described below. OnVibe cannot extend the trial period if you do not attend scheduled meetings with the OnVibe team during the trial. You may cancel your Concierge Subscription at any time by emailing OnVibe in writing at info@onvibe.co. As a Concierge plan customer, you must provide timely responses and approvals to the OnVibe team and be available for weekly meetings (or such other cadence as may be agreed with your OnVibe team) to ensure deliverable requirements are met. If you do not respond to a request for approval or otherwise engage with the OnVibe team in a timely manner, OnVibe may produce fewer deliverables for you during that period, as OnVibe does not continue generating new content without your timely feedback.

6. Use of AI Tools and Model Training

You hereby acknowledge and agree that OnVibe may use artificial intelligence machine learning, large language models, automated decision-support tools, and similar technologies (“AI Technologies”) to provide, support, maintain, secure, improve, and develop the Services. AI Technologies may be used to, by way of example and without limitation, facilitate the analysis of your existing social media posts (including posts, imagery, captions, and engagement data retrieved from a connected Instagram account) and user engagement, determine usage and demographic trends, and develop new posts and recommendations for you.

OUTPUT MAY CONTAIN INACCURACIES OR INCOMPLETE OR FALSE INFORMATION, OUTPUT IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL OUTPUTS AND YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OUTPUTS.

You hereby acknowledge and agree that OnVibe may use your User Content (as defined below) and any Outputs) (as defined below) to (a) provide, maintain support, secure, develop, and improve the Services; (b) develop other products and services; (c) and to the extent permitted by applicable law and subject to the Privacy Policy, to train, fine-tune, test, evaluate, validate, and enhance the Services and AI Technologies. YOU HEREBY EXPLICITLY CONSENT TO THE FOREGOING.

7. Intellectual property rights

As between you and OnVibe, OnVibe owns all right, title and interest in and to the Online Services and all materials available through the foregoing, other than User Content (as defined below) and the Outputs. You agree that you have no rights, title or interests in the Online Services, including but not limited to, any information graphics, logos, text, editorials, reviews, computer code, themes, objects, concepts, artwork, animations, sounds, audiovisual effects, methods of operation, moral rights, documentation, and software (collectively, "Content"). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Online Services. Neither you nor anyone acting on your behalf will acquire any intellectual property rights or other proprietary rights (including patents, designs, trademarks, copyrights or trade secrets) relating to the Online Services, unless expressly set forth in a written agreement between you and OnVibe.

To the extent that any of OnVibe’s intellectual property (“OnVibe IP”) is embedded and/or otherwise incorporated in any Output, such intellectual property is, as between you and OnVibe, and shall remain at all times, the sole and exclusive property of OnVibe and, conditioned upon your compliance with these Terms of Use, OnVibe grants you a limited, non-exclusive, non-transferable license, to use such OnVibe IP solely to the extent necessary for your use of the applicable Output and to access and view the Services in accordance with these Terms of Use. You have no right to sublicense the licensed rights granted in this section. You may not use, copy, adapt, modify, reverse engineer, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services or the OnVibe IP, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by OnVibe or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

As between you and OnVibe, you own all rights in and to the Outputs (excluding any OnVibe IP).

8. User content; Outputs

a. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to OnVibe through its suggestion, feedback, reviews, or similar pages ("Feedback") is at your own risk and that OnVibe has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to OnVibe a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable and transferable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, for any purpose, including without limitation in connection with the operation and maintenance of OnVibe’s business.

b. User Content; Output. By sending, posting, making accessible, providing or transmitting any information to OnVibe or through the Online Services ("User Content") you hereby grant OnVibe and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works from, and otherwise exploit the User Content and any information or other content generated or outputted from the Services processing User Content or otherwise resulting from your use of the Services (“Outputs”) in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you, subject to applicable law. All User Content is deemed non-confidential and non-proprietary. Any User Content that you choose to post on to the System may be visible to the public. Please do not post User Content you do not want visible to the public.

c. Responsibility for User Content. You are solely responsible for the content of the User Content. OnVibe has the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any User Content. You acknowledge that OnVibe has no obligation to pre-screen User Content, including without limitation any consumer reviews, and OnVibe takes no responsibility and assumes no liability for any information posted by you or any third party nor for your or any third party’s reliance on any User Content. OnVibe strongly encourages you not to disclose any personal information in public areas of Online Services. By sending, posting or transmitting any User Content, you represent and warrant that:

  • You own or otherwise control all of the rights to the User Content, including without limitation all copyrights and trademarks, and have all rights, licenses, consents and releases that are necessary to grant to OnVibe the license in Section 8(b) above, including, without limitation, respect to any personally identifiable information that may be included within the User Content;
  • The User Content is true and accurate;
  • The User Content does not violate or infringe the rights of any other person or entity, including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights; and
  • The User Content complies with applicable laws, rules and regulations.

If your User Content violates these Terms of Use in any way, we reserve the right, but are not obligated, to remove your User Content from the Services.

d. No Responsibility to Backup or Maintain User Content. OnVibe is not responsible to backup or maintain User Content and is not responsible for any damage or loss of data or other User Content for any reason, including the implementation of measures by OnVibe in accordance with these Terms of Use, such as restriction of User’s use of the Online Services. You are responsible to create backups of User Content.

e. No Obligation to Pre-Screen Content and User Content. You acknowledge that OnVibe has no obligation to pre-screen Content or User Content. However, OnVibe reserves the right in its sole discretion to pre-screen, refuse, or remove any Content or User Content. By entering into the Terms of Use, you hereby provide your irrevocable consent to OnVibe monitoring User Content. You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content, including without limitation in-app chat or text communications. In the event that OnVibe pre-screens, refuses, or removes any Content or User Content, you acknowledge that OnVibe will do so for OnVibe’s benefit, not yours.

f. Access to Customer User Content and Social Accounts; Customer Communications. You hereby acknowledge that OnVibe must access, analyze and otherwise exploit your User Content, and may need to share such User Content with third-party storage, processing or AI tool providers, in order to provide the Services, and you hereby grant OnVibe and its third-party partners such permissions to the extent necessary for provision of the Services.

In addition, in order for OnVibe to provide the Services, you hereby acknowledge that you must permit OnVibe representatives to access your social accounts (through an authorized connection, such as Instagram's OAuth-based login, or, solely for Concierge Plan customers, through account credentials you provide to the OnVibe team for purposes of setting up or managing your account on your behalf) to post on your behalf, with the posts made subject to your approval in each instance, and that the provision of the Services is subject to OnVibe’s receipt of your timely feedback and approval. Posts are not abandoned while awaiting your feedback; however, if you do not respond to a request for approval in a timely manner, OnVibe may produce fewer posts for you during that period, as OnVibe does not continue generating new content without timely feedback on existing content. You must provide timely responses and approvals and be available for other agreed-upon meetings to ensure deliverable requirements are met.

g. Affiliate Disclosure. If you expect to earn a commission or other benefit from an affiliate link or transaction, or you otherwise have a relationship with any third-party that you promote through your User Content, you are legally obligated to disclose that information to consumers. You agree to adhere to all applicable legal requirements regarding such disclosures. You must not upload any content to the System which generates confusion around your relationship with any third-party. YOU HEREBY RELEASE AND HOLD ONVIBE (AND COMPANY PARTIES, AS DEFINED BELOW) HARMLESS FROM ANY CLAIM OR CONTROVERSY THAT MAY ARISE OUT OF YOUR FAILURE TO COMPLY WITH THIS SECTION.

h. Notices of Copyright Infringement. OnVibe respects copyright law and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, OnVibe will respond to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.

If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information (the “Notice”):

  1. the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;
  2. the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where such material may be found;
  3. your mailing address, telephone number, and, if available, email address;
  4. a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  5. a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
  6. your full legal name and your electronic or physical signature.

You may deliver this notice, with all items completed, to us, as follows:

The following individual is designated as our agent to receive notifications of claimed copyright infringement:

OnVibe, Inc. c/o DMCA Agent
5150 Great America Parkway, Santa Clara, CA 95054
Phone: +1 (408) 465-9005
Email: Dmca_agent@onvibe.co

Upon receipt of the Notice as described above, OnVibe will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.

9. Data collection

You acknowledge and agree that the Online Services are designed to transmit certain data elements, including but not limited to social media content and data (the “Test Data”), including to third party data centers (the “Cloud Storage”). You represent and warrant that you have the authority and right to provide the Test Data and grant OnVibe the right to use the Test Data to provide the Online Services. The Cloud Storage may use data storage centers provided by OnVibe or by third parties selected by OnVibe in its sole discretion. The Test Data collected in the Cloud Storage may also identify you or other information regarding you. You hereby consent to the collection and use of such Test Data, and to the extent the consent of any third parties are required for the collection and use of this Test Data under applicable laws, you are responsible for obtaining such consent. You acknowledge that OnVibe may analyze Test Data and any such analysis will be the sole and exclusive property of OnVibe. You hereby irrevocably assign and transfer to OnVibe all of your right, title and interest in and to all such analysis including any and all intellectual property rights therein.

OnVibe may use aggregated, deidentified usage data to improve the Services across all users.

10. Third-party Services.

a. The Online Services may include Content (e.g., information, links, and advertisements), products, services, apps, and other materials provided by a third party (each, a "Third-Party Service"). When you click on a link to a Third-Party Service, we will not warn you that you have left the Online Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Third-Party Services are not under the control of OnVibe. OnVibe is not responsible for any Third-party Services; provides these Third-Party Services only as a convenience; and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave our Online Services, the Terms of Use and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. You agree to comply with the terms applicable to the Third-Party Services. OnVibe does not guarantee or promise any benefits from use of the Online Services. Actual benefits vary depending on a variety of factors, which are beyond OnVibe’s control or knowledge.

b. Instagram and Other Meta Products. Instagram’s services are provided by Meta Platforms, Inc. (“Meta”) and are subject to Instagram’s and Meta’s terms and conditions and other policies, including, without limitation, those available at https://help.instagram.com/581066165581870/ and https://privacycenter.instagram.com/policy (collectively, the “Meta Agreements”). By agreeing to the Terms of Use and by using the Services, you also agree to be bound by the Meta Agreements, as may be modified by Meta from time to time, and you acknowledge that OnVibe has no control over such agreements or any features or products made available by Meta. You agree and acknowledge that all of your User Content, and any deliverables provided via the Services, that are uploaded to, posted to, or otherwise made available via Instagram or Meta, are subject to the Meta Agreements.

c. LinkedIn and Other Microsoft Products. LinkedIn’s services are provided by Microsoft Corporation (“Microsoft”) and are subject to LinkedIn’s and Microsoft’s terms and conditions and other policies, including, without limitation, those available at https://www.linkedin.com/legal/user-agreement and https://www.linkedin.com/legal/privacy-policy?trk=content_footer-privacy-policy (collectively, the “Applicable Microsoft Agreements”). By agreeing to the Terms of Use and by using the Services, you also agree to be bound by the Applicable Microsoft Agreements, as may be modified by LinkedIn or Microsoft from time to time, and you acknowledge that OnVibe has no control over such agreements or any features or products made available by LinkedIn or Microsoft. You agree and acknowledge that all of your User Content, and any deliverables provided via the Services, that you upload to, post to or otherwise make available via the Services, are subject to the Applicable Microsoft Agreements.

11. Release

You acknowledge and agree that the accuracy of your social media content and data directly impacts the performance of the Online Services. And you consent to the application of AI technology for the Online Services. You hereby release OnVibe and its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "Company Party" and collectively, the "Company Parties") and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Online Services, including but not limited to, any interactions with or conduct of other Users or websites of any kind arising in connection with or as a result of the Terms of Use or your use of any Online Services. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, OR ANY SIMILAR RULE IN YOUR JURISDICTION, WHICH STATES IN SUBSTANCE, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for a Company Party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Online Services.

12. Complaints

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

13. Enforcement

If OnVibe becomes aware of any possible violations by you of the Terms of Use, OnVibe reserves the right to investigate such violations. If, as a result of the investigation, OnVibe believes that criminal activity has occurred, OnVibe reserves the right to refer the matter to, and cooperate with, any legal authority. OnVibe is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Online Services, including your User Content, in OnVibe’s possession, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms of Use, (iii) respond to any claims that your User Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of OnVibe, its Users or the public, and all enforcement or other government officials, as OnVibe in its sole discretion believes to be necessary or appropriate. Please see Privacy Policy for additional information.

14. Indemnification

You agree to indemnify and hold Company Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your User Content; (b) your use of, or inability to use, any Online Service; (c) your violation of the Terms of Use; (d) your violation of any rights of another party, including any other Users; (e) dispute between you and one or more other users, or (f) your violation of any applicable laws, rules or regulations, including, in each of the foregoing, any actions taken by a third party using your account. OnVibe reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OnVibe in asserting any available defenses. This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Online Services. You agree that the provisions in this section will survive any termination of the Terms of Use and/or your access to the Online Services.

15. Warranty and disclaimers

a. YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK, AND THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE ONLINE SERVICES OR ANY PRODUCTS OR SERVICES ENABLED THEREBY.

b. COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE ONLINE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

c. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE ONLINE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM, MOBILE DEVICE, AND ANY OTHER DEVICE YOU USE TO ACCESS THE ONLINE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

d. THE ONLINE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO ANY ONLINE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF ONLINE SERVICES.

e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ONVIBE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

f. FROM TIME TO TIME, ONVIBE MAY OFFER NEW “BETA” FEATURES OR SERVICES WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR SERVICES ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT ONVIBE’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

g. YOU ACKNOWLEDGE AND AGREE THAT COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES OR SERVICES SUCH AS ONVIBE’S PAYMENT PROCESSOR(S), AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

16. Limitation of liability

a. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT ONVIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE, THE ONLINE SERVICES, OR ANY COMMUNICATIONS OR INTERACTIONS WITH OTHER USERS OF THE ONLINE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE ANY ONLINE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE ONLINE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ONLINE SERVICES (INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY REVIEWS); OR (e) ANY OTHER MATTER RELATED TO THE ONLINE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. FOR THE AVOIDANCE OF DOUBT, ONVIBE IS NOT RESPONSIBLE FOR ANY PRODUCTS OR SERVICES THAT YOU ADVERTISE OR SELL THROUGH CONTENT FACILITATED BY THE SERVICES.

b. Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO ONVIBE BY YOU IN THE TRANSACTION OR INCIDENT GIVING RISE TO SUCH LIABILITY; (b) $100; OR (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY WILL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

c. Exclusion of Damages. Please note that some jurisdictions do not allow the exclusion or limitation of implied warranties, terms or conditions or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you. For further information about your statutory rights, please contact your local authority, trading standards department, citizens’ advice bureau or equivalent. d. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ONVIBE AND YOU.

17. Term, termination, and survival

a. Term. The term of this agreement (the Terms of Use) commences on the earlier to occur of (a) the date you first used the Online Services or (b) the date you otherwise accepted the Terms of Use, and will remain in full force and effect while you use any Online Services, unless earlier terminated in accordance with the Terms of Use. At any time, you may discontinue your use of the Online Services. To delete your account, please follow the instructions in your dashboard or email support@onvibe.co. Please visit our Privacy Policy to understand how we treat your information when you discontinue your use of the Services.

b. Effect of Termination. Upon termination of any Online Service, your right to use such Service will automatically terminate immediately. OnVibe will not have any liability whatsoever to you for any suspension or termination of your access to the Online Services. Any termination of these Terms of Use does not relieve you of any obligations to pay any fees, fines, or any other financial obligation incurred by you or through your use of the Online Services prior to or after termination.

c. Survival. Certain provisions of the Terms of Use will survive termination, including: Sections 4 (COMMUNICATIONS FROM ONVIBE), 7 (INTELLECTUAL PROPERTY RIGHTS), 8 (USER CONTENT), 11 (RELEASE), 13 (ENFORCEMENT), 14 (INDEMNIFICATION), 15 (WARRANTY AND DISCLAIMERS), 16 (LIMITATION OF LIABILITY), 17 (TERM, TERMINATION, AND SURVIVAL), and 19 (DISPUTE RESOLUTION) (i.e. binding arbitration).

18. International users

The Online Services are controlled and offered by OnVibe from its facilities in the United States of America (the “US”). If you access or use the Online Services from a country outside of the US, you are responsible for compliance with the laws of your jurisdiction, to the extent those laws apply notwithstanding the choice of law and venue provisions in Section 19 below.

19. Dispute resolution

Please read the following arbitration agreement in this section ("Arbitration Agreement") carefully. It requires Users to arbitrate disputes with OnVibe and limits the manner in which you can seek relief from us.

a. Applicability of Arbitration Agreement. You agree to the following dispute resolution provisions of this Section 19 with respect to any dispute, claim, or request for relief (“Claim”) arising from or relating in any way to these Terms of Use, the Privacy Policy, and your access or use of the Online Services (“Dispute”) and any lawsuit, arbitration or other proceeding that may arise out of such Dispute (each an “Action”).

The terms of Section 19 apply to all Disputes, even if the actions or relationship giving rise to such Disputes occurred prior to this version of the Terms of Use (or such modification). However, these Dispute Resolution terms do not apply to any Dispute as to which you have personally initiated a lawsuit or arbitration prior to agreeing to these Terms of Use. If any modification of the terms of Section 19 is deemed to be unlawful, void or for any reason unenforceable, then the dispute resolution provisions effective at the time of your agreement to these Terms of Use shall govern any dispute or disagreement between you and us.

Each provision of this Section 19 applies to the maximum extent permitted by law.

Covered Disputes. If you live in the United States, any Dispute is a Covered Dispute, with the following exceptions: (1) any individual (non-class) claim that can be solely resolved in small claims court, or (2) to the extent you have in any manner violated or threatened to violate our intellectual property rights, our suit to enforce such intellectual property rights including by injunction.

If a Dispute is a Covered Dispute, the Mandatory Dispute Resolution Provisions for U.S. users apply. If there is any dispute as to whether a Dispute is a Covered Dispute, that dispute shall be submitted to the Arbitrator (as defined below) for the Arbitrator to determine. If a Covered Dispute qualifies for small claims court, but a party commences an arbitration proceeding, the other party may elect instead to have the Covered Dispute resolved in small claims court, and upon written notice of a party’s election, the Arbitrator will administratively close the arbitration proceeding.

b. Dispute Resolution Provisions Applicable to All Users

  1. Time to Sue. Neither party may bring any Action more than one year after the cause of action has arisen (or if the Action relates to multiple similar events, more than one year from the date the first such event occurred).
  2. CLASS ACTION AND JURY WAIVER.THE PARTIES WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION IN ANY DISPUTE. EACH PARTY MAY PROCEED AS TO ANY DISPUTE ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION.
  3. Applicable Law. These Terms of Use and your use of the Online Services are governed by, construed and enforced in accordance with the internal substantive laws of the State of Delaware, United States, regardless of the State’s conflict of laws provisions. However, any question as to whether a Dispute is a Covered Dispute (as defined above) and/or whether a Dispute is subject to the Mandatory Dispute Resolution Provisions for U.S. Users is to be decided by applying the provisions of the Federal Arbitration Act, Title 9 of the U.S. Code.
  4. Choice of Venue: For any Action allowed to proceed in court, or to enforce the terms of this Agreement, the parties agree to exclusive personal jurisdiction and venue in the State courts of the State of California or the United States District Court for the Northern District of California.
  5. Informal Dispute Resolution Required. Before initiating an Arbitration (as defined above) or any other type of adversary proceeding, the parties agree to use their best efforts to settle any Dispute or Covered Dispute (as defined above) directly through consultation and good faith negotiations according to the following process (“Informal Dispute Resolution Process”), which shall be a precondition to either Party initiating an Arbitration.
    1. If you have a Dispute or Covered Dispute with us, you must send an individualized, written notice describing the Dispute or Covered Dispute to us to OnVibe, Inc., Attn: Legal Department – Arbitration 5150 Great America Parkway, Santa Clara, CA 95054. If we have a Covered Dispute with you, we will send a written notice to you using the contact information we have for you.
    2. Promptly following receipt of such notice, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Dispute or Covered Dispute covered by this Agreement.
    3. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference personally. Likewise, if we are represented by counsel, our counsel may participate in the conference as well, but we agree to have a company representative fully participate in the conference.
    4. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Process required by this paragraph.
    5. If the Dispute or Covered Dispute is not resolved within 60 days of the opposing Party receiving the notice, then either you or we may proceed in accordance with the below Mandatory Dispute Resolution Provisions.
    6. Failure to complete the Informal Dispute Resolution Process is grounds for dismissal of any Arbitration, described below.
    7. If a Party brings an Arbitration as described below without following the Informal Dispute Resolution Process, it is grounds for dismissal, and such Party is required to pay any reasonable costs and fees of the other Party.

c. Mandatory Dispute Resolution Provisions for U.S. Users

  1. Agreement to Arbitrate Covered Disputes. Any Covered Dispute that the parties cannot resolve through the Informal Dispute Resolution Process (as defined above) must be brought on an individual basis and will be resolved exclusively by final and binding arbitration (“Arbitration”) before an arbitrator mutually selected by the parties (the “Arbitrator”). The Arbitrator must have experience with the subject matter of the Dispute, and be a former federal or state court judge, unless the parties mutually agree otherwise parties will meet and confer in good faith to select an arbitrator. For purposes of this Section, good-faith meet-and-confer efforts require that each party propose at least three arbitrators who meet the qualifications described in these Terms. If, after 60 days of good faith meet and confer efforts, the parties are unable to agree on an arbitrator, either Party may petition the State courts of the State of California or the United States District Court for the Northern District of California to appoint an arbitrator meeting the requirements herein from the arbitrators proposed by the parties.
  2. Rules Selection. The Arbitration shall be administered pursuant to JAMS’ Streamlined Arbitration Rules and Procedures or other comparable rules to which the parties agree. The selection of JAMS rules does not mean that JAMS will administer the Arbitration or appoint the Arbitrator.
  3. Conduct of Arbitration. The Arbitration shall be conducted via electronic or telephonic means. If the Party seeking Arbitration fails to appear at the administrative conference regardless of whether such Party's counsel attends, the Arbitrator will administratively close the Arbitration proceeding without prejudice, unless such Party shows good cause as to why they were not able to attend the conference.
  4. Arbitration Costs. If the Arbitrator finds that the costs and fees of an Arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith. If we initiate an Arbitration against you, we will pay all costs associated with the Arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).
  5. No Opt Out Rights. You do not have the right to opt out of the Dispute Resolution section. Rather, your sole remedy if you do not accept these Terms of Use (including this Dispute Resolution section) is to stop using the Online Services and to terminate your account.
  6. OnVibe’s Right To Terminate Mandatory Dispute Resolution Program. At any time, OnVibe may terminate its agreement to Section 19.c. That termination will not affect any Action that has already been initiated.
  7. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with OnVibe.

20. Miscellaneous

a. Electronic Communications. The communications between you and OnVibe may take place via electronic means, whether you visit the Services or send OnVibe e-mails, or whether OnVibe posts notices on or through any Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from OnVibe in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that OnVibe provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.

b. Assignment. The Terms of Use, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without OnVibe’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. OnVibe may assign or transfer these Terms of Use, at its sole discretion, without restriction, including, without limitation and by way of example only, in connection with a merger, reorganization, consolidation, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

c. Force Majeure. OnVibe shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

d. Reserved.

e. Applicability. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE TERMS OF USE.

f. Notice. Where OnVibe requires that you provide an e-mail address, you are responsible for providing OnVibe with your most current e-mail address. In the event that the last e-mail address you provided to OnVibe is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms of Use, OnVibe’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to OnVibe at the following address: OnVibe, Attention: General Counsel, 5150 Great America Parkway, Santa Clara, CA 95054. Such notice shall be deemed given when received by OnVibe by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

g. Waiver. Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

h. Severability. If any portion of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

i. Export Control. You may not use, export, import, or transfer any Services or Product except as authorized by U.S. law, the laws of the jurisdiction in which you obtained such Services or Product, and any other applicable laws. In particular, but without limitation, the Services and Product may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by OnVibe are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer OnVibe products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

j. Entire Agreement. THE TERMS OF USE CONSTITUTES THE FINAL, COMPLETE AND EXCLUSIVE AGREEMENT OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES AND MERGES ALL PRIOR DISCUSSIONS BETWEEN THE PARTIES WITH RESPECT TO SUCH SUBJECT MATTER.

21. Contacting OnVibe

Should you have any issues or questions regarding the Online Services, please contact us: support@onvibe.co, or via post: 5150 Great America Parkway, Santa Clara, CA 95054.