Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and VibeDay LLC (“VibeDay”, “we”, “us”, or “our”), the operator of vibeday.com and the VibeDay platform (the “Service”). By creating an account, clicking to accept, or using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” refers to it.

If you do not agree to these Terms — including the arbitration agreement and class action waiver in Section 20 — do not use the Service.

VibeDay is a software-as-a-service platform that lets you:

• Generate social media content with artificial intelligence — text, captions, images, carousels, short-form video (“reels”), ad creative, and synthetic presenters (“AI avatars”) with AI-generated voiceover and music;
• Upload and manage your own content (video, images, audio), including automatic transcription, clipping, and reformatting;
• Schedule and publish content to third-party social platforms you connect (currently Instagram, Facebook, TikTok, and YouTube, subject to the platform approvals we hold);
• Read performance analytics from connected platforms and, optionally, from your own Google Analytics property;
• View and respond to comments and direct messages from connected platforms in a unified inbox; and
• Collaborate with team members in a shared workspace.

Feature availability varies by subscription plan and may depend on approvals we hold from the social platforms. The current plan matrix is on our pricing page.

You must be at least 18 years old to use the Service. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account and workspace, including activity by team members you invite. Notify us immediately at support@vibeday.com of any unauthorized access. You agree to provide accurate account information and keep it current. You may not share, sell, or transfer your account, or create accounts by automated means or under false identities (including to obtain more than one free trial — see Section 5).

Paid subscriptions are billed in advance, monthly or annually, through our payment processor, Stripe. Current prices, plan limits, included credit allowances, and storage caps are listed on the pricing page, which is incorporated into these Terms. Applicable taxes are added where required. Except as expressly stated in these Terms (including the cancellation paragraph below and Sections 7, 18, and 19) or required by applicable law, payments are non-refundable.

Cancellation. You can cancel online at any time in your billing settings — cancelling takes no more steps than subscribing did. On a monthly plan, cancellation takes effect at the end of the month you have paid for: you keep access until then, and, except where applicable law requires otherwise, that final month’s fee is not refunded. On an annual or other multi-month prepaid plan, you keep access through the end of the then-current month of your term, and we refund the fees you prepaid for the full unused months remaining after it. This paragraph states the refund owed when you cancel; where we materially reduce or discontinue the Service, the refund remedies in Sections 18 and 19 apply instead.

Price changes. We may change subscription prices or plan limits prospectively. For existing subscribers, price increases take effect no earlier than your next billing cycle beginning at least 30 days after we notify you by email. If you do not agree, cancel before the new price takes effect.

Credit draw rates. The number of credits a given operation consumes (its draw rate) may change prospectively as underlying model and compute costs change. Current draw rates are always shown in the product at the point of use; a changed rate applies only to generations started after the change and never affects credits already deducted.

Failed payments. If a renewal payment fails, we may retry it and may suspend or downgrade your workspace until payment succeeds.

New subscriptions begin with a 7-day free trial that requires a valid payment card at signup. Unless you cancel before the trial ends, your card is automatically charged for the plan you selected, and your paid subscription begins. We send a reminder email before the first charge. The plan price, billing frequency, and length of the trial are disclosed at checkout before you start. You can cancel at any time during the trial from your billing settings, online, with no charge.

One trial per person. Each person is eligible for one free trial, ever, across all workspaces and accounts. We may decline, shorten, or convert to immediate billing any trial we reasonably believe circumvents this limit (for example, duplicate accounts or disposable email addresses). There is no free tier of the Service.

AI generation is metered in credits. Plans include a monthly credit allowance; additional credits may be available as one-time top-up packs. Credit prices, allowances, and per-operation draw rates are shown on the pricing page and in the product at the point of use.

• Charge on delivery. Credits for a generation are deducted only when the resulting asset is successfully produced and delivered to your workspace. Failed generations are not charged; where a multi-step generation partially fails, we charge only for delivered work as shown in your usage ledger.
• Credits are a limited, non-exclusive license to consume Service capacity. They have no cash value, are non-transferable outside your workspace, and are not redeemable for money except where required by law.
• Expiry and rollover rules for monthly allowances and top-up packs are stated on the pricing page.
• Unused credits are forfeited when your subscription ends, except where required by law.

Failed generations are never charged. Credits are deducted only when your asset is successfully delivered (Section 6), so a generation that fails costs you nothing to begin with. And if output we did deliver is defective because of a Service failure, contact support and we will make it right — by re-running the generation, restoring credits, or refunding, as appropriate.

Beyond that, because AI generation incurs immediate third-party compute costs, fees and consumed credits are generally non-refundable. We issue refunds (a) where required by applicable law, (b) for billing errors, and (c) otherwise at our reasonable discretion. To request a refund, contact support@vibeday.com within 30 days of the charge.

Style is not a defect.The Service and all AI-generated Output are provided and sold “as is” (Section 21). Generative output is inherently variable, and no two results are alike. Except where applicable law requires otherwise, dissatisfaction with the style, aesthetics, tone, or creative interpretation of correctly delivered AI Output is not a defect and is not grounds for a refund or restoration of credits; the remedy for a result you don’t like is the Service’s own iteration, regeneration, and editing tools. If you believe a charge is wrong, please contact support before disputing it with your card issuer so we can correct genuine errors quickly — nothing in these Terms limits any non-waivable rights you may have under your card agreement or applicable law.

“Your Content” means everything you upload or input to the Service — video, images, audio, photos of people, brand assets, text, prompts, topics, and connected-platform data — plus the settings you configure.

You own Your Content. You grant VibeDay a worldwide, non-exclusive, royalty-free license to host, store, copy, transcode, transcribe, analyze, modify, and transmit Your Content solely to operate and improve the Service for you: to generate the content you request, to render and adapt it, to moderate it for safety, and to publish it to platforms at your direction. This license ends when Your Content is deleted from the Service, except for copies in routine backups (purged on their own cycle) and records we must retain by law. We do not use Your Content to train AI models, and we do not share it with other customers.

You represent and warrant that you own or have all rights, licenses, consents, and releases needed for Your Content and its use through the Service — including all necessary rights in any music, footage, trademarks, and third-party material it contains — and that Your Content does not violate law or these Terms. You are responsible for keeping your own copies; the Service is not a backup product.

“Output” means content the Service generates with AI at your request.

• Ownership. As between you and VibeDay, and to the extent permitted by applicable law, VibeDay assigns to you all of its right, title, and interest in Output generated for your workspace, effective upon delivery and conditioned on your account being in good standing. We make no warranty that Output is protectable by copyright or other intellectual property law — the law on AI authorship is unsettled and varies by jurisdiction.
• No uniqueness. Generative models can produce the same or similar output for different customers from similar prompts. Your ownership of your Output does not extend to independently generated similar output belonging to others.
• AI makes mistakes — review before publishing. AI can and does produce inaccurate, incomplete, biased, or infringing material — in text, image, video, and audio alike. To the maximum extent permitted by applicable law, and subject to the warranty disclaimer and liability cap in Sections 21 and 22, VibeDay is not liable for errors, inaccuracies, or omissions in Output or for your use of or reliance on it. You are responsible for reviewing all Output before publishing it, and for everything you publish.
• Provider pass-through terms.Output is produced using third-party AI models (currently including those of Anthropic, OpenAI, Google, fal.ai, Replicate, ElevenLabs, and related model providers — the current list is in our Privacy Policy). Your use of AI features must also comply with those providers’ usage and acceptable-use policies as applicable to output, and we may decline requests those policies prohibit.
• Not professional advice. Output is not legal, medical, financial, or other professional advice.

The Service can generate synthetic presenters, animate photos of people, and generate synthetic voiceover. These features carry special responsibilities:

• Rights to likenesses you upload.If you upload a photo, video, or recording of an identifiable real person (including yourself) for use in generation, you represent and warrant that you have that person’s express, informed consent — in writing where the law requires it — for their likeness and/or voice to be used to create synthetic media, and you will keep records of that consent and provide them to us on request.
• No unauthorized depictions of real people. You may not use the Service to depict any real, identifiable person — including public figures and deceased persons where rights survive — without the consent described above, and never in a way that is sexual, defamatory, harassing, or deceptive.
• Synthetic-media disclosure.Where a connected platform provides an AI-content label (for example TikTok’s AI-generated content flag), VibeDay applies it automatically based on the asset’s provenance. You must not attempt to circumvent, strip, or misrepresent that labeling, and you remain responsible for complying with any additional disclosure of AI-generated or AI-altered media that a law or platform rule requires.
• Stock avatars. Synthetic personas provided by VibeDay do not depict real people. You may use them in content created with the Service, but you may not represent a synthetic persona as a real, specific person.

You agree not to use the Service to create, publish, or distribute:

• Deceptive synthetic media — including “deepfakes” of real persons without consent, fabricated statements attributed to real people or organizations, or media presented as authentic recordings of events that did not occur;
• False or misleading information about elections, voting procedures, or census participation, or content intended to suppress voting;
• Medical, health, or pharmaceutical misinformation, or content presenting AI output as professional medical advice;
• Financial fraud, investment scams, deceptive advertising, or unsubstantiated claims prohibited by consumer-protection law (including FTC endorsement and testimonial rules);
• Sexually explicit material, child sexual abuse material (reported to authorities without exception), or content sexualizing minors;
• Hate speech, harassment, threats, incitement of violence, or content targeting protected groups;
• Content that infringes any third party’s intellectual property, privacy, or publicity rights;
• Spam, coordinated inauthentic behavior, or fake engagement;
• Malware, phishing, or credential-collection schemes.

You also agree not to:

• Violate the terms or policies of any connected platform or of the AI providers underlying the Service;
• Probe, disrupt, or circumvent the Service’s security, rate limits, metering, moderation, or watermarking;
• Access the Service by automated means other than our documented interfaces, resell it without our written agreement, or use it to build a competing dataset or model;
• Misrepresent your identity or affiliation.

We use automated systems (including third-party AI moderation of text, images, and video) and human review to detect content that violates Section 11. We may decline to generate, remove, or refuse to publish violating content. Safety incidents are recorded, and repeated or severe incidents result in automatic or manual suspension of the workspace pending review. We will tell you when your workspace is suspended and how to contact us, unless the law or an active investigation prevents it. You may respond with context or dispute a suspension by emailing support@vibeday.com; if our review concludes a suspension was not warranted, we will restore access promptly and credit or extend your subscription for the time lost. A safety suspension does not, by itself, forfeit prepaid fees for service you have not received. Egregious violations — including any content sexualizing minors or non-consensual intimate imagery — result in immediate termination without refund and may be reported to law enforcement.

Publishing, analytics, and inbox features depend on APIs operated by Meta (Instagram, Facebook), TikTok, Google (YouTube, Google Analytics), and other platforms you connect. VibeDay is an independent product and is not affiliated with, endorsed by, or sponsored by any of these platforms.

• Your use of each platform through VibeDay is also governed by that platform’s own terms and policies, and you are responsible for complying with them (including YouTube’s Terms of Service for YouTube features).
• Platforms may change or revoke API access, rate-limit, remove content, or suspend accounts at any time. We are not responsible for platform outages, policy changes, content removal, or account actions taken by a platform.
• You may disconnect a platform at any time in Settings, which deletes our stored tokens for it. Revoking access on the platform’s side has the same effect.

Depending on your plan, content produced by the Service may carry a VibeDay watermark, and your plan may allow you to disable it, as described on the pricing page. You may not remove or obscure a watermark that your plan applies, and you may not remove content provenance metadata the Service embeds.

Each plan includes a storage cap, shown on the pricing page. The Service manages storage automatically: raw upload files are deleted on a short schedule after they have been processed into working renders (currently 7 days), and older derived versions may be pruned as described in the product. When you approach or exceed your cap, the Service will tell you and may block new uploads or generations until space is freed. Keep independent copies of anything you cannot afford to lose. On account deletion, content is removed as described in the Privacy Policy.

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. Send notices containing the statutory elements of 17 U.S.C. § 512(c)(3) to our designated agent: legal@vibeday.com, Subject: “DMCA Notice”, or by mail to our designated agent as registered with the U.S. Copyright Office’s DMCA Designated Agent Directory: Copyright Agent, VibeDay LLC, 82 Wendell Ave, Suite 100, Pittsfield, MA 01201, USA. We will remove or disable access to material identified in valid notices, notify the affected user, accept counter-notices as provided by law, and terminate repeat infringers in appropriate circumstances.

The Service — including its software, design, templates, formats, synthetic personas, and documentation — is owned by VibeDay and its licensors and is protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription in accordance with these Terms. No other rights are granted. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.

We aim for high availability but do not offer an uptime guarantee or SLA. The Service depends on third-party AI providers and platform APIs whose capacity and behavior can change without notice; generation times and model quality may vary, and specific models may be substituted with reasonable equivalents. Features marked beta, preview, or experimental are provided as-is, may change or be withdrawn at any time, and may be excluded from support. Generative AI — video and synthetic-presenter generation in particular — is a fast-moving field: models, quality ceilings, and generation techniques change frequently, and we continuously upgrade the pipeline behind these features, so identical requests may produce different results over time. The charge-on-delivery rule in Section 6 applies throughout: you are never charged credits for a generation that fails. We may modify or discontinue features; if we materially reduce the core functionality of your paid plan, we will notify you, and your remedy is to cancel and receive a pro-rata refund of prepaid, unused fees for the affected period.

These Terms apply while you use the Service. You may stop using the Service and delete your account at any time in account settings. We may suspend or terminate your access immediately if you materially breach these Terms (including Sections 10–12), create risk or legal exposure for us or others, fail to pay, or if we discontinue the Service (with at least 30 days’ notice and a pro-rata refund of prepaid, unused fees in that case). After termination we retain your data for 30 days for recovery, then delete it as described in the Privacy Policy. Sections that by their nature should survive (including the ownership provisions of Sections 8–9, Sections 16–17, and Sections 19–24) survive termination.

Please read this section carefully — it affects your rights.

• Informal resolution first. Before filing a claim, you and we agree to try to resolve the dispute informally: send a written description to legal@vibeday.com and allow 60 days for resolution. This informal step runs concurrently with — and does not extend, delay, or displace — any statutory notice process, including the 30-day response period for a demand letter under Massachusetts General Laws Chapter 93A, §9.
• Binding arbitration. Any dispute arising out of these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. Arbitration will be conducted remotely or, at your election, in your county of residence.
• Exceptions. Either party may bring an individual claim in small-claims court, or seek injunctive relief in court for infringement or misuse of intellectual property or unauthorized access to the Service.
• Class action waiver. Disputes will be resolved only on an individual basis. Neither party may participate in a class, consolidated, or representative action, and the arbitrator may not consolidate claims.
• Mass filings.If 25 or more demands for arbitration presenting similar claims are filed by or with the assistance of coordinated counsel or entities (a “Mass Filing”), the AAA’s Mass Arbitration Supplementary Rules apply, and the parties agree to staged proceedings: a first set of up to 10 bellwether arbitrations, selected in equal number by each side, will proceed while the remaining demands are held in abeyance with all applicable statutes of limitations tolled for the held demands; after the bellwethers conclude, the parties will participate in a global mediation before further staged sets proceed. Any claimant may instead elect small-claims court at any time. If an arbitrator or court determines that a demand was frivolous or filed for an improper purpose (as measured by the standard of Federal Rule of Civil Procedure 11), the party that filed it will reimburse the other party’s arbitration fees and costs for that demand.
• 30-day opt-out. You may opt out of this arbitration agreement and class waiver by emailing legal@vibeday.com with the subject “Arbitration Opt-Out” and your account email within 30 days of first accepting these Terms. Opting out does not affect any other provision.
• Severability of this section. If any part of this Section 20 other than the class action waiver is found unenforceable, the remainder of the section stays in effect. If the class action waiver is found unenforceable as to a particular claim, then this agreement to arbitrate does not apply to that claim, which must proceed in court under Section 24 — the waiver may not be severed so as to permit class, consolidated, or representative arbitration. Any claims that remain subject to arbitration will still be arbitrated on an individual basis.

The next two sections appear in capital letters because the law requires them to be conspicuous. In plain terms: we cannot promise perfect AI output or an uninterrupted service, and they cap what each side can owe the other.

THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT OUTPUT WILL BE ACCURATE, ORIGINAL, PROTECTABLE, OR FIT FOR YOUR PURPOSES; OR THAT PUBLISHED CONTENT WILL ACHIEVE ANY PARTICULAR RESULT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) VIBEDAY’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, OR LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING ANY STATUTORY MULTIPLE DAMAGES OR ATTORNEYS’ FEES THAT APPLICABLE LAW MAKES NON-WAIVABLE.

You will defend, indemnify, and hold harmless VibeDay and its officers, members, employees, and agents from and against any third-party claims, damages, and reasonable costs (including attorneys’ fees) arising out of (a) Your Content, (b) content you publish through the Service, (c) your breach of these Terms — including the representations in Sections 8 and 10 regarding rights, consents, and likenesses — or (d) your violation of law or of a third-party platform’s terms. We will notify you of any such claim and may participate in its defense with our own counsel.

These Terms are governed by the laws of the Commonwealth of Massachusetts, excluding its conflict-of-laws rules, and by the Federal Arbitration Act as to Section 20. Subject to Section 20, the state and federal courts located in Massachusetts (Suffolk County, or the U.S. District Court for the District of Massachusetts) have exclusive jurisdiction over any dispute not subject to arbitration, and both parties consent to venue there. Nothing in this section deprives you of mandatory consumer protections of the jurisdiction where you live.

You may not use the Service in violation of U.S. export control or sanctions laws. You represent that you are not located in, or ordinarily resident in, any country or region subject to comprehensive U.S. sanctions and that you are not on any U.S. government restricted-party list.

We may update these Terms from time to time. For material changes we will give at least 30 days’ notice by email and/or in-app notice before the changes take effect; non-material changes (such as clarifications) may take effect on posting with an updated effective date. If you continue using the Service after changes take effect, you accept them; if you do not agree, cancel before the effective date. Changes to the arbitration provision do not apply to disputes that arose before the change.

These Terms, the Privacy Policy, and the pricing page are the entire agreement between you and VibeDay about the Service and supersede prior agreements. If any provision is held unenforceable, the rest remains in effect, and the provision will be enforced to the maximum extent permitted — except that severability within the dispute-resolution section is governed by Section 20’s own severability terms. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all assets, provided the assignee assumes them. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, war, labor disputes, internet or utility failures, or acts of third-party platforms and infrastructure providers (this does not excuse your payment obligations for service already delivered). We may provide notices to the email on your account; legal notices to us go to legal@vibeday.com.

Questions about these Terms? Email legal@vibeday.com (legal) or support@vibeday.com (support). VibeDay LLC, United States.