Terms of Service

DRAFT — REQUIRES REVIEW BY QUALIFIED COUNSEL IN [JURISDICTION] BEFORE USE. Not legal advice. Not a substitute for a lawyer.

Version: 1.0.0-draft · Status: not in force · Baseline: GDPR-grade

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1. Who we are

VibefyCode ("VibefyCode", "we", "us") is operated by [LEGAL_ENTITY], registered in [JURISDICTION]. Contact: [CONTACT_EMAIL]. "You" means the person or organisation using the platform.

2. What the service is

VibefyCode assesses applications against a published, versioned rubric and, where the published threshold is met and a human reviewer approves, issues a time-limited "Verified by VibefyCode" mark. The assessment is described in the Assessment Services Agreement; the mark is licensed under the Badge Licence Agreement. Those documents form part of these Terms.

3. Scope and limitation of the assessment

This clause appears in these Terms, in every report, and on every verification page.

This assessment is a point-in-time, scope-limited, AI-assisted and human-reviewed evaluation of the application identified above, conducted by VibefyCode against published VibefyCode Rubric version X on [date]. "Verified by VibefyCode" means only that the application was assessed against that rubric and met the published threshold on that date. It is not a penetration test, a security audit, a code audit, a legal or regulatory compliance certification, or a guarantee of any kind. It does not certify that the application is secure, error-free, lawful, or fit for any particular purpose. Findings are limited to what was observable within the authorised scope using the methods described in the methodology document. Absence of a finding is not evidence of absence of a defect.

4. Your account

You must provide accurate information, keep your credentials confidential, and are responsible for activity under your account. You must be able to enter into a binding contract. Accounts found to be operated on behalf of a party subject to sanctions may be closed.

5. Authorisation to test

We do not test what we are not authorised to test. Before any assessment runs, you must complete ownership verification and accept the Authorisation to Test & Customer Warranty. You warrant that you own the target or are contractually authorised to authorise its testing, and you may withdraw that authorisation at any time — in-flight runs abort.

6. Acceptable use

The Acceptable Use Policy lists what we will not assess or certify. We may refuse or terminate an assessment that falls within it, and will tell you why.

7. AI disclosure

Assessments are produced with AI assistance and reviewed by a human before publication. AI output may contain errors. The Appeals & Corrections Policy exists precisely for that reason and is available to every customer at no charge.

8. Fees, and what payment does not buy

Fees are stated at the point of purchase. Payment buys depth of assessment, re-testing, monitoring and support. Payment never buys a score, the suppression of a finding, a delay to a badge suspension, or preferential placement. You may decline to publish a report; you may not purchase a change to it. See the Rating Methodology & Independence Policy.

9. No warranty

The service is provided "as is" and "as available". To the maximum extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy and completeness. We do not warrant that the service will be uninterrupted or free of error.

10. Limitation of liability

To the maximum extent permitted by law, our aggregate liability arising out of or relating to the service is limited to the fees you paid us in the twelve months preceding the event giving rise to the claim. We are not liable for indirect, consequential, incidental, special or exemplary damages, or for lost profits, revenue, data or goodwill. Nothing here excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

11. Your indemnity

You will indemnify and hold us harmless against claims, losses and reasonable costs arising from: your application; any breach of your authorisation warranty; your use or misuse of the mark; and any third-party claim caused by your application or by testing you authorised.

12. No reliance by third parties

Reports are prepared for you alone. No third party — including investors, acquirers, insurers or your end users — may rely on a VibefyCode report or mark for any purpose. Every exported report carries a non-reliance legend to that effect.

13. Our right to refuse and to revoke

We may refuse an assessment, decline to issue a mark, or revoke an issued mark. We will state a reason, and the Appeals & Corrections Policy applies. Grounds include breach of these Terms, breach of the Badge Licence, material regression on re-assessment, a lapsed subscription, the target going dark, a change of ownership, and any matter falling under the Acceptable Use Policy.

14. Intellectual property

We own the platform, the rubric, the methodology and the marks. You own your application and your data. You grant us the limited licence needed to perform the assessment you requested and to produce the report. We may cite aggregate, de-identified statistics; we will not identify your application without your consent, except on a verification page you asked us to publish.

15. Suspension and termination

You may terminate at any time. We may suspend or terminate for material breach, unlawful use, or non-payment, with notice where practicable. On termination, issued marks are revoked and your data is deleted or returned in accordance with the Privacy Policy, save for records we are required to retain.

16. Changes

We may amend these Terms with reasonable notice, and will give at least 30 days' notice of material changes. Continued use after the effective date constitutes acceptance. Material changes to the rubric are announced separately with notice, and never alter a score already issued.

17. Dispute resolution and governing law

These Terms are governed by the laws of [JURISDICTION]. The parties will attempt good-faith resolution before formal proceedings. [Arbitration clause and class-action waiver to be settled by counsel, and only where enforceable — consumer protections in some markets restrict both.]

18. General

Force majeure. No assignment by you without our consent; we may assign on a merger or sale of substantially all assets. If a clause is unenforceable, the rest survives. These Terms and the documents they incorporate are the entire agreement between us on this subject.