1. Definitions

In addition to terms defined elsewhere in these Terms:

• “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with Vibe Retail LLC.
• “Customer Data” means all electronic data, text, messages, or other materials submitted to the Services by you.
• “Documentation” means written or electronic information provided by VIBE regarding the use of the Services.
• “POS Hardware” refers to hardware devices purchased or leased from VIBE for use with the Services.
• “Authorized Users” means employees, representatives, or agents who are authorized by you to access and use the Services.

2. Eligibility

To use the Services, you must:

• Be at least 18 years old;
• Have the power to enter into a binding contract;
• Use the Services on behalf of a business entity;
• Provide accurate, complete registration information.

3. Account Registration and Access

You must register for an account to use the Services. You are responsible for:

• Maintaining the confidentiality of login credentials;
• Ensuring that all account information is current;
• All activities occurring under your account;
• Promptly notifying VIBE of any unauthorized use or security breach.

4. Services

VIBE provides point-of-sale software, payment processing, and related services. VIBE may offer:

• Cloud-based software platform;
• Inventory and customer management tools;
• Integrated payment processing;
• Optional third-party integrations.

We may modify the Services at any time to improve performance, add features, or comply with legal requirements.

5. Fees, Billing, and Taxes

6. POS Hardware

If you purchase or lease hardware:

• Title remains with VIBE if leased;
• Hardware may be subject to return, replacement, or warranty terms;
• You are responsible for loss or damage not covered by warranty.

7. Acceptable Use Policy

You agree not to:

• Use the Services for any unlawful or fraudulent activity;
• Interfere with or disrupt the Services;
• Access the Services in order to build a competitive product;
• Violate any third-party rights.

We may suspend or terminate access to the Services if we believe you have violated our Acceptable Use Policy.

8. Third-Party Services

Our Services may integrate with third-party services. We are not responsible for:

• The availability or accuracy of third-party services;
• Content, products, or services available from such third parties;
• Your use of third-party services is at your own risk and governed by their terms.

9. Payment Processing Terms

You agree that:

• VIBE is your exclusive payment processor;
• We may withhold funds if we suspect fraud, excessive chargebacks, or other risk factors;
• Payouts may be delayed or reversed based on investigation outcomes.

You must maintain a valid bank account and provide accurate financial details.

10. Data Privacy and Security

• VIBE will maintain appropriate security measures to protect Customer Data;
• Our Privacy Policy at www.viberetail.com/privacy outlines our data practices;
• You agree to comply with all applicable privacy laws and obtain any required customer consents.

11. Confidentiality

Each party agrees to keep confidential information in strict confidence and not to disclose it except as required by law or with the other party’s consent.

12. Intellectual Property

All intellectual property rights in the Services and Documentation remain the property of VIBE or its licensors. You may not:

• Copy, modify, or create derivative works;
• Reverse engineer the Services;
• Remove proprietary notices.

13. Term and Termination

• These Terms remain in effect until terminated by either party;
• You may cancel your account at any time;
• VIBE may suspend or terminate your account for non-payment, violation of these Terms, or at our discretion.

Upon termination:

• All rights granted to you will terminate;
• You must stop using the Services;
• Data may be retained or deleted per our data retention policy.

14. Warranties and Disclaimers

• VIBE provides the Services “as is” and “as available”;
• We disclaim all warranties, express or implied;
• We do not guarantee uninterrupted or error-free service.

15. Limitation of Liability

To the maximum extent permitted by law:

• VIBE is not liable for indirect, incidental, or consequential damages;
• Our liability is limited to the fees paid by you in the 6 months prior to the claim.

16. Indemnification

You agree to indemnify and hold VIBE, its officers, employees, and affiliates harmless from any claims, losses, liabilities, and expenses arising from:

• Your use of the Services;
• Violation of these Terms;
• Infringement of any third-party rights.

17. Modifications to the Terms

We may modify these Terms by posting an updated version at www.viberetail.com/legal. Continued use of the Services after changes become effective constitutes acceptance.

18. Governing Law and Dispute Resolution

• These Terms are governed by the laws of [State/Country];
• Any disputes will be resolved by binding arbitration in [Jurisdiction];
• Each party waives its right to a jury trial or class action.

19. Force Majeure

VIBE will not be liable for any delay or failure to perform due to events beyond our control, including natural disasters, war, cyberattacks, labor disputes, or utility outages.