Terms of Service

1. Acceptance of Terms

By accessing or using Vibefolio ("Service," "Platform," "we," "us," or "our"), operated by Vibe Coding LLC, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

Vibefolio is an AI-powered portfolio creation platform that helps creative professionals convert resumes into customizable digital portfolios. Our Service includes:

• AI-generated portfolio content based on uploaded resumes
• Portfolio customization tools and templates
• Image uploading and management
• Public portfolio sharing capabilities
• Payment processing for premium features

3. User Accounts and Registration

3.1 Account Creation and Age Requirements

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the security of your account credentials
• You must be at least 13 years old to use the Service (or the minimum age required in your jurisdiction)
• If you are under 18, you represent that you have verifiable parental or guardian consent
• Users under 18 may have limited access to certain features
• We may require age verification documentation at our discretion
• Parents/guardians are responsible for monitoring minors' use of the Service

3.2 Account Responsibilities

• You are solely responsible for all activity under your account
• You must notify us immediately of any unauthorized use of your account
• We reserve the right to suspend or terminate accounts that violate these Terms

4. Payment and Billing

4.1 Payment Terms

• The Service offers a monthly subscription of $9.99 per month for access to all premium features
• New users receive a two-week free trial period with no payment required
• Subscription includes all current features and future updates at no additional cost
• All payments are processed securely through Stripe
• Prices are subject to change for new subscriptions with prior notice

4.2 Cancellation and Refunds

• You may cancel your subscription at any time through your account settings or by contacting support
• Cancellations take effect at the end of the current billing period
• No refunds are provided for partial billing periods
• Your account will remain active until the end of your paid period after cancellation
• Payment disputes and chargebacks may result in immediate account termination
• We reserve the right to pursue collection for fraudulent chargebacks
• California residents may have additional rights under California law

5. User Content and Intellectual Property

5.1 Your Content

• You retain ownership of all content you upload to the Service
• You grant us a limited, non-exclusive license to use, display, and process your content to provide the Service
• You represent that you have all necessary rights to the content you upload

5.2 AI-Generated Content

5.3 Platform Content

• Our platform design, features, and proprietary technology remain our intellectual property
• You may not copy, modify, or reverse engineer any part of our Service

6. Acceptable Use Policy

6.1 Prohibited Uses

You may not use the Service to:

• Upload illegal, harmful, offensive, defamatory, or inappropriate content
• Violate any applicable laws, regulations, or professional standards
• Infringe on others' intellectual property, privacy, or publicity rights
• Upload copyrighted material without proper authorization
• Create false, misleading, or deceptive professional portfolios
• Impersonate others or misrepresent your qualifications or experience
• Upload content containing personal information of third parties without consent
• Attempt to gain unauthorized access to our systems or other users' accounts
• Upload malware, viruses, or other harmful code
• Harass, threaten, stalk, or abuse other users
• Use the Service for any commercial purpose other than creating your own portfolio
• Scrape, crawl, or automatically download content from the platform
• Violate any third-party terms of service (including OpenAI's usage policies)
• Use the Service in any way that could damage our reputation or business
• Upload content that violates export control laws or sanctions

6.2 Content Guidelines and Moderation

• All uploaded content must be appropriate for professional portfolios
• Content must be truthful and not misleading about professional qualifications
• You may not upload copyrighted material without proper authorization
• Content must not contain personal information of third parties without consent
• We reserve the right to review, moderate, or remove any content at our discretion
• We may use automated systems to detect inappropriate content
• Repeated violations may result in account suspension or termination
• We are not obligated to monitor content but may do so for safety and compliance
• Content that violates these guidelines may be removed without notice

7. Privacy and Data Protection

We collect and process personal information as described in our Privacy Policy. Your data is stored securely using industry-standard practices. We use third-party services (Clerk, Cloudinary, Stripe, OpenAI) that have their own privacy policies.

California Privacy Rights

California residents have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):

• Right to know what personal information is collected and how it's used
• Right to delete personal information (subject to certain exceptions)
• Right to correct inaccurate personal information
• Right to opt-out of the sale or sharing of personal information (we do not sell or share personal information)
• Right to non-discrimination for exercising these rights
• Right to limit use of sensitive personal information
• To exercise these rights, contact us at support@vibefolio.ai

8. DMCA and Intellectual Property

8.1 DMCA Safe Harbor Compliance

We comply with the Digital Millennium Copyright Act (DMCA). If you believe content on our platform infringes your copyright:

1. Send a written notice to our DMCA agent at support@vibefolio.ai
2. Include your contact information and electronic signature
3. Identify the copyrighted work claimed to be infringed
4. Identify the allegedly infringing material and its location
5. Provide a statement of good faith belief that the use is not authorized
6. Include a statement made under penalty of perjury that you are authorized to act

8.2 Repeat Infringer Policy

• We will terminate accounts of users who are repeat copyright infringers
• We reserve the right to suspend accounts pending investigation of infringement claims

9. Disclaimers and Limitation of Liability

9.3 AI-Specific Disclaimers

WE SPECIFICALLY DISCLAIM ALL LIABILITY FOR:

• Inaccuracies, errors, or biases in AI-generated content
• Professional consequences resulting from AI-generated portfolio content
• Any resemblance of AI-generated content to existing copyrighted works
• Decisions made by third parties based on AI-generated content
• Technical failures or unexpected behavior of AI systems
• Employment decisions, professional opportunities, or career impacts
• Professional advice or recommendations implied by AI-generated content
• Compliance with professional licensing or certification requirements
• Accuracy of professional claims or achievements in portfolios

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California and the United States, without regard to conflict of law principles. Disputes will be resolved through binding arbitration conducted by the American Arbitration Association (AAA) in California.

Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and Vibefolio individually. You waive any right to participate in class action lawsuits or class-wide arbitration.

Note for California Residents: Under California Civil Code Section 1542, you waive any rights you may have to unknown claims.

11. Contact Information