Last Updated: April 10, 2025
Welcome to ProVibe. These Terms of Use ("Terms") govern your access to and use of the ProVibe website, applications, and services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
We may modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on our website prior to the changes becoming effective. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.
To access certain features of the Services, you may need to create an account. You are responsible for:
We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or no longer valid.
You agree not to:
The Services may allow you to create, upload, post, send, receive, and store content ("User Content"). You retain all rights in your User Content, and you grant us a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in connection with operating and providing the Services.
You are solely responsible for your User Content and represent that you have all necessary rights to grant us the license above. You agree not to create, upload, or share User Content that:
We reserve the right to remove any User Content that violates these Terms or that we find objectionable.
The Services and their contents, features, and functionality are owned by ProVibe, its licensors, or other providers and are protected by copyright, trademark, patent, and other intellectual property laws. You may not use, reproduce, distribute, modify, create derivative works of, publicly display, or exploit the Services or any content in any way not expressly authorized by these Terms.
The Services may contain links to third-party websites or services that are not owned or controlled by ProVibe. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that ProVibe shall not be responsible or liable for any damage or loss caused by your use of any such websites or services.
Some aspects of the Services may be available only with a paid subscription. You agree to pay all fees and charges associated with your account on a timely basis and in accordance with the pricing and payment terms presented to you. All payments are non-refundable except as expressly set forth in these Terms or as required by applicable law.
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVIBE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.
You agree to defend, indemnify, and hold harmless ProVibe, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the federal or state courts located in San Francisco County, California, and you consent to the personal jurisdiction of such courts.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and ProVibe concerning the Services.
If you have any questions about these Terms, please contact us at:
Email: legal@provibe.com
Address: 123 ProVibe Way, San Francisco, CA 94103, USA
By using our services, you acknowledge that you have read and understood these Terms of Use.
