VibeMe Terms Of Use
Issue Date: August 1, 2024 ｜ Effective Date: August 1, 2024
Welcome to the VibeMe Platform!
The Service is operated by SenseCore Technology Limited (“We” or “VibeMe”). This agreement (“Agreement”) governs the use by Users (“Users” or “You”) of the various services we provide through the VibeMe Platform (collectively, “VibeMe Services”). The “VibeMe Platform” includes the VibeMe App, the website [ www.thevibeme.com ] , the VibeMe web H5, and other related platforms on which we provide services.
Your use of our Services is governed by this Agreement and any related agreements or guidelines that we may post on the VibeMe Platform from time to time, as well as any terms disclosed to you and to which you agree in connection with the purchase of other features, products or services through the VibeMe Platform (the “VibeMe Terms”), which are by reference are incorporated into this Agreement. If you do not wish to be bound by this Agreement, do not access or use the VibeMe Services.
Please note that these Terms may change from time to time and that by accessing the VibeMe Platform or accepting the VibeMe Services, you agree to be bound by the VibeMe Terms. We reserve the right to modify, amend or alter the VibeMe Terms at any time as required by applicable law. Notice of material changes will be posted on this page and will set forth the effective date of the update. In some cases, we may notify you of changes to the Terms by email or other means; however, it is your responsibility to check the VibeMe Platform to see if any changes have been made. Your continued access to or use of our Services constitutes your continued agreement to the most recent changes to the VibeMe Terms and, as a result, you will be legally bound by the updated Terms.
I. Services
1. Basic Functions
Account Creation: You have the right to create an account on the VibeMe Platform by filling in your basic personal information as prompted by the VibeMe Platform. You may also authorize your login to VibeMe through an authorized account on other platforms, and you shall ensure that the corresponding account is also subject to the relevant terms and conditions of this Agreement. You will authorize us to obtain your information (name, avatar and any other information you authorize) under such authorized account for binding with the VibeMe Platform account so that you can directly log in and use the VibeMe Services.
AI Copilot Establishment: the VibeMe Service allows Users to use artificial intelligence technology. We will analyze the information and materials you enter, the necessary pre-communications with the AI, and other text, interactions, feedback, profile information, images, or similar inputs you upload to the VibeMe Platform (“Input Materials”) to create and refine an intelligent persona for you through AI technology that reflects your basic information, personality, preferences, and experiences (“AI Copilot”).
Chat Matching: AI Copilot can be used to help VibeMe Platform Users to carry out convenient chat screening (“Chat Screening”), when the User is matched with the object of interest, the User can open an intelligent chat with the other party’s AI Copilot, which will understand the User’s personal information profile and carry out the conversation. The AI Copilot will understand the User’s personal information file and carry out the conversation. The chat screening will carry out ten rounds of conversation, and the AI Copilot will generate and update the favorability value judgement for the User through the ten rounds of conversation; if the favorability degree reaches 100, the User can chat with the object of interest directly.
Chat Assistant: During live chat, the AI Copilot can display 3 reply suggestions for Users to refer to and choose.
Daily Interaction: AI Copilot can interact with Users on a daily basis to understand the information (including but not limited to input content, voice, pictures, etc.) actively released by the User, and accordingly communicate with the User for further exchanges.
2. Account Rules
（1） Unless all of the following are true, you are not authorized to create an account with us or use the VibeMe Services, we have the right to verify and review your identity, and, by using our Services, you represent and warrant that:
a) You are an individual (i.e. not any body corporate, partnership or other business entity) over the age of 18;
b) You are legally entitled to enter into a binding contract with us;
c) Your country is not subject to an embargo by the government of and has not been designated by the government of as a “terrorist-supporting” country;
d) You are not on any list of individuals who are prohibited from doing business with the government in which they are located (e.g., the U.S. Treasury Department’s list of Specially Designated Nationals or any similar list of governmental agencies), and you are not facing any other similar prohibition;
e) You are not prohibited by law from using our services;
f) You have not committed a felony or indictable offense (or a similarly serious offense), a sex offense, or any offense involving violence or threat of violence, and have not been convicted of, or pleaded not guilty or nolo contendere to, such an offense; or, you have been granted clemency for a nonviolent offense and we have determined that you are unlikely to pose a threat to other Users of our Services;
g) You are not required to register as a sex offender with any state, federal or local sex offender registry in your local government;
h) If at any time you no longer meet these requirements, all authorizations to access our Services or systems will be automatically revoked, you must delete your account immediately, and we reserve the right to remove your access to our Services without warning.
（2） You shall exercise reasonable care in the retention and use of your member name and password and shall be responsible for acts performed under your member account. Unless required by law or judicial decision and with our consent, the Member Name and Password may not be rented, transferred, gifted, inherited (except for property rights and interests associated with the account) or sold in any way, or otherwise allowed to be used by others. If VibeMe Platform discovers or has reason to suspect that the User is not the initial registrant of the account, it has the right to suspend or terminate your registration process, refuse to provide services to the User, and have the right to cancel the account without any responsibility to the account user without notice, and the resulting losses including and not limited to the interruption of the User’s services and the emptying of the User’s data and information, etc., shall be borne by the User. The user will be responsible for the resulting losses, including but not limited to the interruption of user services and the emptying of user data and information.
（3） Properly keep the account and password, if the User account or behavior under the account in the event of a dispute, the User shall bear full responsibility. The said under-account behavior includes, but is not limited to, any behavior conducted through the application control device and any result arising therefrom; the User acknowledges that all operations conducted by the User through his/her personal account are regarded as the User’s personal behavior, and the User shall ensure the legal compliance of his/her personal behavior, and that VibeMe shall not be liable for any losses, damages, or compensations caused by the User’s personal behavior.
（4） Except as expressly provided in this Agreement, the User shall not allow or acquiesce to any third party to log in to the account in order to use the VibeMe Services, and shall be prohibited from gifting, borrowing, renting, transferring, selling, or otherwise licensing the use of the User’s account to any other person in any form. All transactions on the User’s account shall be deemed to be the User’s own actions. The user shall keep the account and the information related to the account for safekeeping, confidentiality and backup, due to any reason, including but not limited to the User’s improper storage, inadvertence, voluntarily provided to others or other reasons, which leads to the disclosure of the aforementioned information is leaked, counterfeit, misuse, forgetting, loss, or other damages caused by the User shall bear the responsibility. All acts performed using the User’s account are considered to be the User’s own acts.
（5） If you become aware of any illegal use or other circumstances that may jeopardize the security of your account, you shall immediately notify the VibeMe Platform in an effective manner to request the suspension of the relevant services and respond to the relevant authorities. You understand that it takes a reasonable amount of time for VibeMe Platform to act on your request, and that VibeMe Platform is not liable for any consequences (including, but not limited to, any losses incurred by you) that may have occurred prior to such action.
3. The AI Copilot uses generative artificial intelligence technology to continuously learn and update and refine the image of the AI Copilot based on input material provided or updated by Users from time to time. For the purpose of AI model training and continuous updating of your AI Copilot, you agree that we will analyze the content of your chat interactions with other Users on the VibeMe Platform with your authorization, which will be further used as input material. To the extent permitted by law, we may retain certain data and information for a long period of time in order to continue to provide our services and to optimize and improve our services, as described in Section VI of this Agreement.
4. You agree and acknowledge that all content, chats, language habits, settings and other elements generated by the User’s customization of the User’s own AI image, the AI Copilot, and other content, are computer-generated and rely on the Input Materials provided by you to the VibeMe Platform. You need to ensure on your own that the Input Materials are true, accurate, legally compliant, and do not violate the public interest and public order and morals. If there are any problems with the Input Materials provided by you that lead to errors or omissions in the VibeMe Services or the operation of the AI Copilot cannot satisfy you, the VibeMe Services shall not be held responsible for such problems.
5. Due to the limitations of AI technology, the output dialogues of the AI Copilot and its judgment of favorability (“Output Content”) may still be different from your own, and may contain other errors, omissions or other inappropriate content. The VibeMe Services do not guarantee the truthfulness, accuracy, completeness and functionality of the Output Content, and none of the Output Content represents the attitude or opinion of VibeMe. The VibeMe Services do not guarantee the truthfulness, accuracy, completeness and functionality of the Output, and none of the Output represents the attitude or opinion of VibeMe, which you must verify on your own. Meanwhile, the content provided by the VibeMe Services is for your reference only and does not constitute any recommendation, commitment or professional advice. The output should not be used as a basis for your further action. We are not responsible for any damages or liabilities incurred by you or any third party as a result of your use of the VibeMe Services. You should understand scientifically and rationally and use generative AI technology in accordance with the law. If you find that the AI Copilot Output is offensive, inaccurate or violates the VibeMe Terms, please contact us through Section XII of this Agreement to report your complaint.
II. Third-party Services and Content
The VibeMe Services may contain links to third-party websites and online services (such as applications and social media sites) that are not owned or controlled by us. We have no control over, and accept no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and your access to and use of such websites or online services is entirely at your own risk. These links are not an endorsement, sponsorship or recommendation of the materials on these third party websites or online services, nor are they in any way affiliated with their operators.
III. User Responsibility
1. Users have the right to legally use the VibeMe Services, but should comply with all applicable laws and regulations; comply with the VibeMe Terms, policies and rules promulgated by the VibeMe Platform.
2. In order to use the VibeMe Services, Users utilize the VibeMe Platform to post any form of Input Materials, tips, text, interactions, ratings, reactions, personal information, images or similar input (“Uploaded Content”). You are solely responsible for passing your Uploaded Content through, including warranting that you have all rights to the Uploaded Content in order for us to use the Uploaded Content in accordance with Section V of this Agreement, and you agree to grant us the necessary licenses in connection with the Uploaded Content.
3. You are responsible for any damage to the VibeMe Platform that is suffered because of rights defects or other improprieties in the content you upload. Please note that we will not access or view your chat logs or your other private information without your permission, but this information may be used as input material to refine your AI Copilot.
4. Your Uploaded Content should be relevant to the intended use of our services. You shall not upload any prohibited content. If you choose to disclose any personal information about yourself to other Users, you do so at your own risk. We strongly recommend that you exercise caution when disclosing any personal information online. Before posting, please make it clear that some of your Uploaded Content on the VibeMe Platform will be publicly available and viewable by other Users, and that those Users will still be able to share your content with third parties.
5. You understand and agree that we may monitor or review your Uploaded Content and that we have the right to remove, delete, edit, restrict, block or prevent access to any of your Uploaded Content at any time in our sole discretion. In addition, you understand and agree that we have no obligation to display or review your Uploaded Content.
6. When using the VibeMe Services, Users shall comply with the VibeMe Platform Community Guidelines and shall not post inappropriate and intrusive remarks through the VibeMe Services, infringe upon the lawful rights and interests of others, or use the VibeMe Services for illegal purposes. In particular, Users shall not use the VibeMe Services to create, copy, access, disseminate and store Uploaded Content with the following behaviors or use the VibeMe Services for the following purposes, in particular:
（1） Violation of the VibeMe Platform Community Guidelines
（2） Promoting terrorism, extremism or incitement to commit terrorist or extremist activities;
（3） Any racist or discriminatory behavior, including discrimination on the basis of race, religion, age, gender, disability or sexual orientation;
（4） Obscene, unlawful, fraudulent, rumor-mongering, defamatory, abusive, inflammatory, pornographic, gambling, violent, murderous, terrorist or abetting crime;
（5） Insulting or defaming others, infringing on their legal rights and interests, or violating their privacy;
（6） Fake News, False Propaganda, False Marketing ;
（7） Damage VibeMe’s and our reputation and business interests;
（8） Violation of the laws and regulations of the country or region to which the User belongs and/or is located;
7. The VibeMe Services may not be used to engage in any of the following behaviors
（1） License, sell, lease, transfer, distribute or make any other commercial use of the Vibe Services, unless otherwise agreed between you and us;
（2） Unauthorized and illegal access to other people’s equipment that interferes with the normal use of other Users;
（3） Intentionally creating or distributing destructive programs such as computer viruses, computer viruses, crawlers, worms, or malicious code that interferes with or infringes upon the normal operation of the VibeMe Services;
（4） Violations of the VibeMe Platform Community Guidelines;
（5） Any other behavior that is not in compliance with laws and regulations of the country or region to which user belongs and/or is located.
8. If we believe that you have violated the VibeMe Terms, the VibeMe Platform Community Guidelines, abused our Services, or otherwise misused our Services, either on or off our VibeMe Services, we reserve the right to suspend or terminate your right to an account in appropriate circumstances, without refund. We reserve the right to use any personal, technological, legal or other means (including, but not limited to, blocking your access to the Services) to enforce this section at any time without liability or obligation to notify you in advance.
9. You may not misrepresent or mislead into believe that content generated using the VibeMe app is content developed by natural people.
10. VibeMe has marked the generated content prominently, suggesting that the content is probabilistically generated by an artificial intelligence model, and that Users are not allowed to delete, tamper with, or conceal the above markings by technical means.
IV. Intellectual Property Rights
1. VibeMe is the owner of the intellectual property rights of this application, and all copyrights, trademarks, patents, trade secrets and other intellectual property rights of the VibeMe application and the contents contained in and provided by the VibeMe service, as well as all information content related to the VibeMe service (including, but not limited to, text, pictures, audio, video, charts, interface design, layout frames, relevant data or electronic documents) are protected by laws and regulations. VibeMe enjoys the above intellectual property rights, which are protected by laws and regulations. As for the information content for which VibeMe has intellectual property rights, without the consent of VibeMe, Users are not allowed to use it for any commercial purpose or other similar forms of use.
2. VibeMe grants you a revocable, non-exclusive, non-transferable, non-commercial right to use the VibeMe Services, permitting you to access and use our Services for the purposes contemplated by VibeMe and permitted by the VibeMe Terms and applicable law. This authorization and any authorization to access the Services will be automatically revoked if you violate these Terms.
3. You may not remove, obscure or alter VibeMe’s copyright notices, trademarks or other rights notices. In addition, you may not implement, utilize, transfer, display, download, or distribute all intellectual property and intellectual property rights related to the VibeMe Services to any third party for any commercial purpose without our express written consent, and we reserve the right to pursue legal liability for such actions.
4. You agree to grant Company and its affiliates a free, worldwide, perpetual, sublicensable license to use your inputs to optimize the model and related services for the Application’s Artificial Intelligence model, , by Company or its affiliates. If you do not wish to grant the associated license, you may cancel the license by contacting VibeMe via the contact information contained in Section XII of this Agreement.
5. In accordance with the Digital Millennium Copyright Act (“DMCA”) or any other similar applicable laws, VibeMe has established the following policy regarding copyright infringement. If you believe that content on any Platform infringes your intellectual property rights, please submit a notice alleging such infringement (a “Removal Notice”) and include the following:
（1） A physical or electronic signature of a person authorized by the owner of the exclusive right that is allegedly infringed;
（2） Identification of the protected work claimed to have been infringed or, if multiple protected works on a single online site are covered, a representative list of such works;
（3） Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
（4） Information sufficient to allow the service provider to contact you, such as address, phone number, and e-mail (if available);
（5） A statement that you have a good faith belief that: use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
（6） A statement, under penalty of perjury, that the information in the notice is accurate and that you have authority to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any Removal Notice should be sent to [contact@thevibeme.com], or communicated through [customer support] or mailed to the following address: [5/F,manulife place 348 kwun, tong road kowloon, Hong Kong, China]
You acknowledge that if you fail to comply with all of the above requirements, your Removal Notice may not be effective. Please make it clear when you send us a Removal Notice that you need to file a copyright claim and send a notice of infringement, as we may not be able to recognize and respond effectively if the purpose of your communication is unclear.
6. Please note that celebrities may have a “right of publicity,” which means that they may have the right to control the commercial use of their names, images, likenesses, and other aspects of their identities. Although you may be a fan, if you use a celebrity’s name or likeness on the Services without the celebrity’s permission, you risk violating the celebrity’s rights. If you are a trademark owner or a famous person and you believe that your rights have been infringed on the VibeMe Platform, please submit a Notice of Infringement to the requirements listed above in point 5 of this section.
To file a notice, you must be the trademark owner or a well-known person, or an authorized agent of the foregoing. When submitting a notice of infringement, please provide a copy of the relevant trademark or trade dress registration issued by the local trademark authority. Please also provide the specific circumstances under which you believe the infringement occurred on the VibeMe Platform.
V. Personal Information Protection Policy
We take and protect your personal information very seriously and have developed a special VibeMe Privacy Policy. Please make sure you read it before you use the applications and services we provide.
1. Limitation of Liability: At times, information on the Services may contain typographical errors, inaccuracies or omissions. Except as required by law, we are under no obligation to update, modify or clarify the information on the Services or any related website, including, without limitation, member pricing information.Any specified update or refresh date applied to the VibeMe Services or any related website should not be taken to indicate that all information on the Services or any related website has been modified or updated.
2. we provide the service to Users on an “as is” basis only and, to the extent permitted by applicable law, we disclaim all warranties of any kind, whether express, implied, statutory or otherwise, with respect to our service, including all content contained therein, including, but not limited to, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. implied warranties. We make no representations or warranties:
（1） Our services will be uninterrupted, secure or error-free;
（2） any defects or errors in our services will be discovered or corrected, or
（3） Any content or information you obtain on or through our Services will be accurate, complete, current or fit for your purposes. In addition, we do not make any warranties regarding the number of active Users at any given time, the ability or desire of Users to communicate with or meet you, or the ultimate fit or behavior of Users you encounter through the Services.
3. We are not responsible for any content posted, sent, received or acted upon by you or other Users or third parties through our Services, nor are we responsible for the identity, intent, legality or authenticity of any user with whom you communicate through us. Downloading or otherwise accessing any materials through the use of our Services is at your sole discretion and risk. We are not responsible for any damages to your computer hardware, computer software or other equipment or technology, including, but not limited to, any security breaches or any viruses, errors, tampering, hacking, fraud, bugs, omissions, interruptions, defects, delays in operation or transmission, computer line or network failures, or damages caused by any other technical or other interruptions or failures.
4. You expressly understand and agree that VibeMe shall not be liable for any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of any of the following (whether or not VibeMe has been advised of the possibility of such damages):
（1） Actions of third parties on VibeMe Services, including but not limited to computer viruses, Trojan horses or other malicious programs, hacker attacks, computer software system hardware and communication line failures, or any other matters related to VibeMe Services that are not caused by VibeMe;
（2） The VibeMe Services are affected by risk factors caused by force majeure. Risk factors caused by third parties or force majeure are objective events that cannot be foreseen, overcome or avoided and that have a significant impact on one or both parties, including but not limited to maintenance of information network equipment, failure of information network connections, power failures, floods, earthquakes, plague epidemics, storms, wars, turmoils, lack of productivity or means of production, strikes, governmental actions, changes in laws and regulations, orders of judicial and administrative authorities, other force majeure or the inaction of third parties that result in the inability to provide services or delayed services. The service cannot be provided or is delayed due to the order of the judicial and administrative organs, other force majeure or the inaction of the third party.
VI. Limitation of liability
1. In no event shall any of the VibeMe parties be liable to you or any third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of or in connection with the services, any third party products or services, or otherwise under this section, even if the VibeMe parties have been advised in advance of the possibility of such damages.
2. The maximum aggregate liability of the parties to the VibeMe Platform arising under or in connection with these Terms or in connection with your use or our provision of the Services to you, whether for breach of contract, breach of warranty, misrepresentation, negligence, or other legal basis, will be limited to the monetary value of any Feedback provided by you under this Agreement in the twelve (12) months prior to the date of the dispute, or one hundred dollars ($100).
3. The above limitations apply only to the maximum extent permitted by applicable law.
VII. Damage
1. Users expressly understand and agree that if they violate the relevant laws or the provisions of this Agreement, VibeMe has the right to independently judge and, depending on the circumstances, take measures such as warning and reminder, deadline for correction, restriction of account functions, suspension of use, closure of the account, prohibition of re-registration, etc. VibeMe has the right to announce the results of the processing, and has the right to decide whether or not to resume the use of the actual situation. VibeMe will keep records of any suspected violations of laws and regulations and any suspected crimes, and will report to and cooperate with the competent authorities in accordance with the law.
2. You agree to indemnify, defend, and hold harmless the VibeMe Platform, as well as us, from and against any claims, losses, obligations, demands, damages, costs, liabilities, expenses, and attorneys’ fees arising out of any claim, demand, or action brought or threatened against the VibeMe Platform or us arising out of or in connection with (1) your use, access, or misuse of the Services; (2) any breach by you of the Agreement or the VibeMe Platform Terms or any of the VibeMe Platform Terms; (3) your violation of any third party rights, including, without limitation, any copyrights, intellectual or property rights, or rights of privacy; (4) your Uploaded Content; (5) any transaction you enter into as a result of a connection provided by the Services; or (6) any activity related to your account or your or any other person’s use of your account to access the Services.
3. If VibeMe Platform is subject to any third party’s claim or any administrative authority’s penalty due to the User’s violation of the above requirements, VibeMe Platform shall have the right to recover from the User, including reasonably necessary attorney’s fees, travel expenses, litigation fees, arbitration fees, damages, settlements, mediation, penalties and other costs of defending the User’s rights.
4. You have agreed that you may not unilaterally settle a lawsuit that you and VibeMe, have jointly filed against a third party, except with VibeMe’s written consent.
VIII. Dispute Resolution
1. The formation, execution and interpretation of this Agreement and the resolution of disputes shall be governed by the laws of Singapore. In the event of any dispute between the parties concerning the contents or performance of this Agreement, the parties shall endeavor to resolve the dispute by amicable negotiation; in the event that negotiation fails, you waive your right to sue in court, use a jury, file a class action or bring a claim as part of a similar class action, and either party may submit the dispute for the Singapore International Arbitration Centre and final resolution in accordance with the rules of [the Singapore International Arbitration Centre (“SIAC Rules”)] then in effect which are deemed to be incorporated herein by reference. The arbitral tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
2. To the fullest extent permitted by law, you and VibeMe each waive your right to a jury trial and your right to litigate the dispute in court (except as otherwise compelled by applicable law) in favor of individual arbitration. You and VibeMe each waive the right to bring or participate in a class action lawsuit against the other or to otherwise seek class relief, including any currently pending litigation against VibeMe. To the fullest extent permitted by law, neither party shall have the right or authority to bring a class, group, representative, consolidated, or private prosecutor’s arbitration or proceeding with respect to any Claim.
IX. Modification and Termination of Services
We reserve the right to modify or discontinue, temporarily or permanently the VibeMe Services (or any part of the Services) with or without notice to you, and have no obligation to support or update the Services. You agree that the VibeMe Platform will not be liable to you or to any third party if we exercise our right to modify or discontinue the Services (or any part of the Services). Unless expressly stated otherwise, any new features of the Services will be subject to these Terms.
We may change the terms of this Agreement or other VibeMe Platform postings at any time by posting an updated version on our Services. Please read the Terms carefully each time you access the Services. By continuing to use the VibeMe Services, you agree to be bound by the most current version of the Terms. Any revised version of the Terms supersedes and replaces the prior version of the Terms.
X. Entire Agreement
This Agreement, the VibeMe Personal Information Protection Policy, the VibeMe Platform Community Rules, and any additional terms added at the time of purchase contain the entire agreement between you and VibeMe regarding the use of our Services. These Terms supersede all prior agreements, representations and arrangements between us, whether written or oral. If any provision of these Terms is held to be invalid, illegal or unenforceable, the remainder of these Terms will continue in full force and effect. The failure of Company to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision. Unless otherwise required by law, you agree that your VibeMe account is non-transferable and that all of your rights to the account and its content terminate upon your death.
You may not transfer or assign any of the rights and licenses granted under this Agreement, but we may assign such rights and licenses without restriction. This provision does not create any agency, partnership, joint venture, fiduciary or other special relationship or employment, and you may not make any representations on behalf of or bind VibeMe in any way.
XI. Feedback and Complaints
1. We try to avoid illegal, infringing or objectionable content as much as possible by setting up sensitive word filters and manual monitoring. However, it is not possible to completely block all illegal, infringing or uncomfortable content with the current technology. If you find such content or other situations that require feedback, you are welcome to give us feedback and complaints at any time through the VibeMe Platform [customer-service@thevibeme.com]. We will attach great importance to your comments and take timely and effective measures to deal with them.
2. Upon receipt of your complaint report, we will accept and investigate it as soon as possible. We will provide feedback within 10 working days of receiving the complaint report or within the time limit required by law, and promptly rectify any relevant problems that may exist.
XII. SUPPLEMENTAL TERMS
Apple Requirements
1. Acknowledgment: These Terms between VibeMe and you; Apple is not a party to these Terms.
2. Scope of License: The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Use, except that the App may be accessed, acquired, and used by other accounts associated with you via Family Sharing or volume purchasing.
3. MAINTENANCE AND SUPPORT: Apple is not responsible for the VibeMe Platform or its content and has no obligation to provide any maintenance or support services for VibeMe.
4. WARRANTIES: If the VibeMe Platform fails to conform to any applicable warranty, you may notify Apple, and Apple will refund your purchase price (if any) for the VibeMe Platform. To the maximum extent permitted by applicable law, Apple will not be liable for any other warranties with respect to the VibeMe Platform.
5. Product Claims: Apple is not responsible for addressing any claims made by you or third parties with respect to the VibeMe Platform or your ownership or use of the VibeMe Platform, including, but not limited to, (a) product liability claims; (b) any claim that the Platform fails to comply with any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar laws.
6. Intellectual Property Rights: If any third party claims that the VibeMe Platform or your ownership and use of the VibeMe Platform infringes that third party’s intellectual property rights, Apple is not responsible for investigating, defending, resolving, or discharging claims of such intellectual property infringement.
7. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer’s Name and Address: For any questions, complaints or claims related to the Application, VibeMe can be contacted as follows: contact@thevibeme.com.
9. Third Party Agreement Terms: You must comply with the terms of third party agreements when using the Application.
10. Third Party Beneficiaries: VibeMe and you acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of the Terms and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted that right) to enforce the Terms against you as a third party beneficiary.