Terms & Conditions

1. Agreement to Terms

By accessing or using the Vibily website (vibily.com) and engaging our services, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, do not use our website or services.

2. Services Description

Vibily provides AI workflow consulting, AI agent setup, workflow automation, custom chatbot development, model integration, and related training and support services ("Services"). The specific scope, deliverables, and timeline for each engagement will be outlined in a separate project proposal or statement of work agreed upon by both parties.

3. Engagement Process

All service engagements begin with a discovery call to assess your needs and define project scope. A formal proposal or statement of work will be provided before any paid work begins. Work commences only upon mutual agreement and receipt of applicable payment or deposit.

4. Pricing and Payment

• Pricing for services is as listed on our website or as specified in your project proposal
• One-time project fees require a 50% deposit before work begins, with the remaining balance due upon completion
• Monthly retainer fees are billed at the beginning of each billing cycle
• All fees are in US Dollars and are non-refundable once work has commenced, except as outlined in Section 6
• Late payments may incur a 1.5% monthly interest charge on outstanding balances

5. Client Responsibilities

To enable effective delivery of our Services, you agree to:

• Provide timely access to necessary tools, accounts, APIs, and data required for the project
• Respond to communications and requests for feedback within reasonable timeframes
• Provide accurate and complete information about your business requirements
• Designate a primary point of contact for the project
• Ensure you have the right to share any data, content, or access credentials provided to us

6. Refund and Cancellation Policy

• If you cancel before work begins, you will receive a full refund of any deposit paid
• If you cancel after work has commenced, you will be billed for work completed to date
• Monthly retainer clients may cancel with 30 days written notice
• We reserve the right to terminate an engagement if the client fails to meet their responsibilities outlined in Section 5

7. Intellectual Property

• Client Ownership: Upon full payment, you own all custom code, configurations, and systems built specifically for your project
• Vibily Tools: We retain ownership of any proprietary tools, frameworks, templates, and methodologies used in delivering services. You receive a perpetual, non-exclusive license to use these as part of your delivered system
• Third-Party Components: Any third-party software, APIs, or models used in your project are subject to their respective licenses and terms
• Portfolio Rights: Unless otherwise agreed in writing, we may reference completed projects in our portfolio without disclosing confidential details

8. Confidentiality

Both parties agree to treat confidential information shared during the engagement with reasonable care and not disclose it to third parties without written consent. Confidential information includes but is not limited to: business strategies, proprietary data, API keys, access credentials, trade secrets, and project specifications.

This obligation survives the termination of the engagement for a period of two (2) years.

9. Warranties and Disclaimers

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards. However:

• We do not guarantee specific business outcomes, revenue increases, or cost savings
• AI systems depend on third-party models and APIs that may change, degrade, or become unavailable
• We are not responsible for failures caused by third-party services, infrastructure outages, or changes to external APIs
• Our website and its content are provided "as is" without warranties of any kind

10. Limitation of Liability

To the maximum extent permitted by law, Vibily's total liability for any claims arising from or related to our Services shall not exceed the total fees paid by you for the specific engagement giving rise to the claim. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or data.

11. Indemnification

You agree to indemnify and hold harmless Vibily, its founder, employees, and contractors from any claims, damages, losses, or expenses arising from: (a) your use of the delivered systems; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any data you provide to us that you did not have the right to share.

12. Support and Maintenance

Each project includes a support period as specified in your service plan (14 or 30 days). Support during this period covers bug fixes, configuration adjustments, and reasonable modifications. After the support period, ongoing support is available through our monthly retainer plan.

13. Acceptable Use

You agree not to use our website or Services to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Distribute malware or engage in unauthorized access
• Engage in any activity that could harm our reputation or systems
• Build systems intended for illegal surveillance, harassment, or fraud

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved through good-faith negotiation, and if necessary, binding arbitration.

15. Modifications

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated date. Continued use of our website or Services after changes constitutes acceptance of the modified Terms.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17. Contact

For questions about these Terms, contact us at:

Vibily
Email: hello@vibily.com
Website: vibily.com