Terms of Service
Last updated: May 1, 2024
1. Introduction
Welcome to FixTheVibe. These Terms of Service govern your use of our website and services. By accessing or using our website, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the website or use our services.
2. Definitions
For the purposes of these Terms of Service:
- "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to FixTheVibe, operated by North Star Software, LLC.
- "Service" refers to the website, applications, and all services provided by FixTheVibe.
- "You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service.
- "Content" means any information, text, graphics, or other materials uploaded, downloaded, or appearing on the Service.
3. Use of Our Services
By using our Service, you agree to:
- Use our Service only for lawful purposes and in accordance with these Terms.
- Not use the Service in any way that violates any applicable federal, state, local, or international law or regulation.
- Not use the Service to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service.
- Not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
4. Account Registration
To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
5. Subscription and Payments
Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis, depending on the type of subscription plan you select. At the end of each period, your subscription will automatically renew under the same conditions unless you cancel it or we cancel it.
You may cancel your subscription by contacting our customer support team. You will receive a confirmation email upon cancellation, and your subscription will continue until the end of the current billing period. No refunds will be issued for partial subscription periods.
6. Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, or other material. You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
7. Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of FixTheVibe and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of FixTheVibe.
8. Limitation of Liability
In no event shall FixTheVibe, 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) 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.
9. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
FixTheVibe, its subsidiaries, affiliates, and its licensors do 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.
10. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service, or contact us requesting account termination.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
12. Changes to Terms
We reserve the right, at our sole discretion, 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.
13. Contact Us
If you have any questions about these Terms, please contact us:
- By email: legal@fixthevibe.com
- By visiting the contact page on our website: Contact Us