Terms of Service

These Terms of Service ("Terms") govern your access to and use of VibeNest ("VibeNest", "the Service", "we", "us"). Please also read our Privacy Policy, which is incorporated into these Terms by reference.

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service. If you are using the Service on behalf of an organisation, you represent that you are authorised to bind that organisation, and "you" refers to both you and that organisation.

2. Who Operates the Service

The Service is operated by Individual Entrepreneur Nikita Babenko Vladimir ("we", "us"), registered in the Republic of Armenia in the State Register of Legal Entities of the Ministry of Justice of the Republic of Armenia under number 87.1393328, issued on 12 June 2024 (TIN / ՀՎՀՀ 75479903), with registered office at 1 Myasnikyan Street, Sevan 1501, Gegharkunik Province, Republic of Armenia. The primary business contact is info@vibenest.net.

Payments for credits and hardware subscriptions are processed by a licensed third-party payment provider acting as the Merchant of Record on our behalf. The Merchant of Record is the legal seller for your purchase, issues the receipt, and handles applicable sales tax / VAT / GST. Your contract for the payment transaction is with that provider under its own terms; your contract for use and delivery of the Service remains with us under these Terms. Features may be added, changed, or removed; see §12 and §19.

3. Description of Service

VibeNest is a platform-as-a-service (PaaS) that lets you deploy web applications from Git repositories to branded subdomains. The Service includes deployment infrastructure, project wikis, visitor analytics, AI-powered features, and related tools. Several features are delivered in cooperation with third-party sub-processors (for example, LLM providers, email delivery, source-control APIs); see Privacy Policy §5 for the current list.

4. Accounts & Eligibility

You must provide accurate, current, and complete information when creating an account, and keep it up to date. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Notify us promptly at info@vibenest.net if you suspect unauthorised access.

You must be at least 13 years old globally, or 16 years old if you are located in the European Economic Area or the United Kingdom, to use the Service. One account is for one natural person; sharing an account with others is not permitted.

5. Acceptable Use

You agree not to use the Service to do any of the following, and not to deploy or host content that:

• Violates any applicable law, regulation, or third-party right
• Sexually exploits or endangers minors in any way (including CSAM or content that sexualises minors)
• Infringes the intellectual property, privacy, publicity, or other rights of any person
• Is defamatory, harassing, or constitutes hate speech or incitement to violence
• Identifies private individuals against their will ("doxxing") or exposes personal data without lawful basis
• Is fraudulent, deceptive, or operates a phishing scheme; impersonates VibeNest, its staff, or any third party
• Distributes malware, ransomware, botnets, or similar harmful software
• Attempts to gain unauthorised access to other users' accounts, deployed applications, or the platform itself
• Interferes with other tenants on shared infrastructure (resource hogging beyond quota, noisy-neighbour abuse, side-channel probing)
• Performs bulk automation or scraping against third-party APIs using VibeNest IP addresses without the third party's authorisation
• Runs crypto-mining workloads, public open proxies, VPN exits, or Tor relays
• Scrapes or crawls VibeNest itself other than via documented APIs, or circumvents rate limits, quotas, or billing
• Is used to send spam or unsolicited bulk messages
• Resells or redistributes the Service without our written authorisation

We may remove or disable content, suspend deployments, or terminate accounts that violate this section, at our reasonable discretion and, where the violation is severe or ongoing, without prior notice.

6. Your Content & License to Operate It

You retain all intellectual-property rights in the code, data, text, images, and other content you deploy through the Service ("Your Content"). We do not claim any ownership over Your Content.

Solely so that we can technically operate the Service for you, you grant VibeNest a worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable licence to host, store, build, execute, display, route traffic to, back up, and transmit Your Content for as long as you keep it on the platform and as reasonably necessary to provide the Service, support, and security operations. The licence terminates when you delete the relevant content or close your account, subject to retention periods described in Privacy §9.

We do not use Your Content, source code, or environment variables to train generalised AI or machine-learning models, and we do not share them with third parties except with the sub-processors listed in Privacy §5, strictly to perform the Service.

7. Third-Party Services

Your deployed applications may call third-party services (APIs, databases, payment processors, LLM providers) under accounts and keys you configure. You are solely responsible for complying with the terms of those services, for paying any fees owed to them, and for the consequences of your use of them. VibeNest is a conduit and is not a party to the contract between you and those third parties.

Note: Our own payment provider (the Merchant of Record described in §2) is covered separately in §2 and is not subject to this §7 — §7 concerns third-party services that you configure in your own deployed applications.

8. AI Features Disclaimer

AI-powered features (for example repository analysis, wiki beautification, translation, SEO generation) are produced by third-party large language models. Outputs may be inaccurate, outdated, biased, or fabricated ("hallucinated"), even where they appear plausible. You are responsible for reviewing and editing AI outputs before relying on or publishing them. Do not enter data into AI features that you do not have the right to share with a third-party model provider.

9. Free Tier, Billing & Refunds

Each project receives a free tier of resources (RAM, vCPU, storage) for a limited period. After the free period expires, continued use of compute resources requires an active hardware subscription. AI features are paid with credits purchased separately. Prices are displayed in USD and may change with reasonable notice. All paid transactions are processed by our Merchant of Record (see §2).

Subscriptions & auto-renewal. Hardware subscriptions auto-renew monthly until cancelled. You may cancel at any time from your VibeNest billing dashboard or by emailing info@vibenest.net. Cancellation takes effect at the end of the current paid period; your project continues to run on its current tier until that period ends.

Refunds — summary. Full terms are set out in our Refund Policy, which forms part of these Terms. In short:

• AI credits — refundable within 14 days of purchase only if no credits from the pack have been spent; once any portion has been used, the pack is non-refundable.
• Hardware subscriptions — full refund of the most recent monthly charge if requested within 14 days; the first such request on an account is granted automatically, subsequent requests are reviewed manually by admins, and we reserve the right to refuse where the pattern indicates abuse. Unused time is not prorated on cancellation.
• Promotional, welcome, and promo-code credits are never refundable because they were never paid for; a user suspended or terminated for violating these Terms forfeits any unused credit or subscription balance.

Nothing in this section reduces statutory rights that cannot be waived under applicable law (including EU consumer rights of withdrawal, where they apply).

Renewals. To avoid being charged for the next cycle, cancel before the renewal date. Once a renewal is charged, the first refund request on the account is granted automatically; subsequent requests are reviewed manually per our Refund Policy and may be refused where a pattern of abuse is evident. Cancellation takes effect at the end of the current paid period (see §10 for what happens after the subscription ends).

10. Suspension & Termination

We may suspend or terminate your access to the Service, or remove specific content, if you violate these Terms, if your account is used to cause harm to others or to the platform, or if required by law or a lawful order. For violations of §5 we may act without prior notice.

You may close your account at any time via account settings. When a hardware subscription expires voluntarily, we pause your application (we do not immediately delete it) so that you can export your data. After voluntary termination we retain a 30-day data-export window before final deletion, subject to the retention schedule in Privacy §9.

11. Reporting IP Infringement & Takedowns

If you believe content hosted via the Service infringes your copyright, trademark, or other intellectual-property right, email info@vibenest.net with the subject line [IP Infringement], and include:

• Your name, address, and contact information, and (where you act on behalf of a rights holder) your authority to act
• A description and URL of the allegedly infringing material, and identification of the right you believe it infringes
• A statement, made in good faith, that the use is not authorised by the rights holder, its agent, or the law
• A statement, under penalty of perjury where applicable, that the information in your notice is accurate
• Your physical or electronic signature

We may remove or disable access to content identified in a valid notice and will forward the notice to the affected user. An affected user may submit a counter-notice to the same address, subject line [IP Counter-Notice], with equivalent information. We terminate the accounts of repeat infringers in appropriate circumstances.

12. Service Modifications & Availability

We may add, modify, or discontinue features of the Service at any time. We will make reasonable efforts to give advance notice of material discontinuations of paid features. We do not commit to any uptime SLA on the free tier. Where a paid subscription is operational, you are billed only for the period during which the Service is actually available to you. On request, for any documented outage window exceeding 4 consecutive hours in a calendar month that affects an active paid subscription, we may issue pro-rata credit to your in-app balance (not a cash refund) covering the affected period. This does not apply to: (i) scheduled maintenance announced in advance, (ii) outages caused by upstream infrastructure providers outside our reasonable control, (iii) outages affecting only the free tier, or (iv) outages caused by your own application configuration or resource limits.

13. Warranties & Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and that the Service will be uninterrupted, error-free, or secure against every conceivable threat.

To the maximum extent permitted by applicable law, VibeNest is not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of data, loss of profits, loss of revenue, loss of goodwill, or business interruption, arising out of or relating to the Service. Our aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) USD 100 or (b) the amounts you actually paid us for the Service in the 12 months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability for gross negligence, wilful misconduct, fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable law.

Backups are your responsibility. You are solely responsible for maintaining backups of code, data, and configuration you deploy, store, or generate through the Service. We may perform operational backups of our own infrastructure for availability and disaster-recovery purposes; those backups are not an end-user restore service, and we do not guarantee that a user-initiated restore from them will be available.

14. Indemnification

You agree to defend, indemnify, and hold harmless VibeNest, its affiliates, and their personnel from and against any third-party claims, liabilities, damages, losses, and reasonable legal fees arising out of or related to (a) Your Content, (b) your deployed applications and their interaction with end users or third-party services, (c) your violation of these Terms or applicable law, or (d) your violation of a third-party right. We will notify you of any such claim and reasonably cooperate in its defence; you may not settle any claim in a way that creates obligations for us without our prior written consent.

15. Export Controls & Sanctions

You represent that you are not located in, and not ordinarily resident in, any country or territory that is subject to comprehensive government sanctions (including, without limitation, those administered by the U.S. Office of Foreign Assets Control, the EU, the UK, or the UN), and that you are not on any government restricted-party list. You will not use the Service, and you will not export or re-export the Service, in violation of applicable export-control or sanctions laws.

16. Feedback

If you send us feedback, suggestions, or ideas about the Service, you agree that we may use them without restriction, without compensation, and without obligation of confidentiality. You retain any rights you have in the underlying ideas.

17. Governing Law & Disputes

These Terms are governed by the substantive laws of the Republic of Armenia, excluding its conflict-of-laws rules and excluding the UN Convention on Contracts for the International Sale of Goods. You and we submit to the jurisdiction of the competent courts of the Republic of Armenia for any dispute arising out of or relating to these Terms or the Service.

Nothing in this section reduces mandatory consumer-protection rights available to you under the law of your place of habitual residence that cannot be waived by contract; those rights remain available to you regardless of the governing-law choice above.

Before filing any formal proceeding, the parties will attempt in good faith to resolve the dispute informally by contacting info@vibenest.net. Either party may still seek urgent injunctive relief in a competent court at any time.

18. Force Majeure

Neither party is liable for failure or delay in performance caused by events outside its reasonable control — including network or power outages, failures of upstream cloud or connectivity providers, denial-of-service attacks, lawful governmental orders or sanctions, strikes, war, civil unrest, epidemics, or natural disasters. Affected obligations are suspended for the duration of the event.

If the event continues for more than 90 consecutive days, either party may terminate these Terms on written notice; paid-in-advance subscription fees covering the unperformed portion of the affected period will be refunded or credited.

19. Changes to These Terms

We may update these Terms from time to time. For material changes we will give at least 30 days' advance notice by email or in-app notification before the changes take effect. Your continued use of the Service after the effective date is acceptance of the updated Terms; if you do not agree, you may close your account before that date.

20. General

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. Survival. Sections whose nature requires it — §6 (until Your Content is removed), §8 (AI Disclaimer), §13 (Liability), §14 (Indemnification), §15 (Export Controls), §16 (Feedback), §17 (Governing Law & Disputes), §18 (Force Majeure), and this §20 — survive termination of these Terms. Failure to enforce a provision is not a waiver of it. These Terms, together with the Privacy Policy, form the entire agreement between you and VibeNest regarding the Service and supersede any prior understanding on that subject. You may not assign these Terms without our prior written consent; we may assign them to an affiliate or to a successor in connection with a merger, acquisition, reorganisation, or sale of substantially all assets relating to the Service. Notices to you may be given by email to the address associated with your account, or by posting on the Service; notices to us must be sent to info@vibenest.net. Headings are for convenience only.

21. Contact

All enquiries — including IP infringement and abuse reports — go to info@vibenest.net. For abuse or IP takedown, please use the subject-line conventions described in §5 and §11 so that we can route them correctly. See also our Privacy Policy.

Individual Entrepreneur Nikita Babenko Vladimir · Reg. No. 87.1393328 (Ministry of Justice of the Republic of Armenia, 12 June 2024) · TIN 75479903 · 1 Myasnikyan Street, Sevan 1501, Gegharkunik Province, Republic of Armenia.