Terms of Service

1. Acceptance of Terms

By accessing, downloading, installing, or using Viibo (the "Service"), operated by Viibo LLC ("Viibo," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately cease all use of the Service.

These Terms constitute a legally binding agreement between you and Viibo LLC. We reserve the right to modify these Terms at any time in accordance with Section 19 below.

2. Closed Alpha Program

Viibo is currently operating as a closed alpha. Access to the Service is by invitation only and may be revoked at any time at our sole discretion. By participating in the closed alpha, you acknowledge and agree to the following:

• No Service Level Agreement (SLA). The Service is provided "as is" and "as available" without any uptime guarantees, performance warranties, or service level commitments. The Service may experience downtime, interruptions, bugs, errors, or data loss at any time.
• Data Wipes. We reserve the right to perform partial or complete data wipes between the alpha phase and production launch. User accounts, content, vibe check-ins, spaces, preferences, and any other data may be deleted without prior notice as part of the development cycle.
• Feature Instability. Features may be added, modified, degraded, or removed without notice. The alpha release is intended for testing and evaluation purposes, and the final production version of the Service may differ materially from the alpha version.
• Feedback License. Any feedback, suggestions, bug reports, feature requests, ideas, or other communications you provide to us regarding the Service ("Feedback") may be freely used by Viibo LLC to improve, develop, and enhance the Service and any future products or services without any obligation, compensation, or attribution to you. You hereby assign to Viibo LLC all right, title, and interest in and to such Feedback.
• Confidentiality. As a closed alpha participant, you agree not to publicly disclose non-public features, performance data, or internal functionality of the Service without our prior written consent.

3. Eligibility

You must be at least 18 years of age to use the Service. By creating an account or using the Service, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal capacity to enter into a binding agreement; (c) you are not barred from using the Service under applicable law; and (d) your use of the Service will not violate any applicable law or regulation.

4. User Accounts

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration and keep your account information updated.
• Maintain the security and confidentiality of your account credentials. You are solely responsible for all activity that occurs under your account.
• Immediately notify us at legal@viibo.app if you suspect any unauthorized access to or use of your account.
• Not share, transfer, or sell your account credentials to any third party. You may not use another person's account without their explicit permission.

We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms, are associated with fraudulent activity, or have been inactive for an extended period.

5. User Content & Data Licensing

5.1 Ownership. You retain all ownership rights in the content you create and post on Viibo, including but not limited to photos, videos, reviews, vibe check-ins, ratings, and text ("User Content").

5.2 License to Viibo. By submitting User Content, you grant Viibo LLC a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from your User Content in connection with operating, improving, and promoting the Service. This license survives termination of your account with respect to content that has been shared with other users or incorporated into aggregate data.

5.3 Anonymized & Aggregated Data. You grant Viibo LLC an irrevocable, perpetual license to use your User Content — including vibe check-in data, ratings, location data, and interaction patterns — in anonymized and aggregated form to improve the Service, develop new features, conduct research, generate community vibe scores, power recommendation algorithms, and create derivative datasets. Anonymized data cannot reasonably be used to identify you personally.

5.4 Community Vibe Contributions. Your vibe check-in data (including vibe dimension ratings such as romantic, trendy, cozy, loud, and eyeCheck) contributes to community-level venue ratings and aggregate vibe scores visible to other users. Once contributed, community vibe data is collective in nature and cannot be individually withdrawn without affecting the integrity of community ratings.

5.5 Content Representations. You represent and warrant that: (a) you own or have obtained all necessary rights to your User Content; (b) your User Content does not infringe upon the intellectual property, privacy, publicity, or other rights of any third party; and (c) your User Content complies with these Terms and all applicable laws.

6. Acceptable Use

You agree not to:

• Use the Service for any purpose that is illegal, harmful, or prohibited by these Terms.
• Harass, bully, stalk, intimidate, threaten, or otherwise harm other users.
• Post content that is illegal, defamatory, obscene, hateful, discriminatory, threatening, or otherwise objectionable.
• Post spam, misleading information, fraudulent content, or commercial solicitations without authorization.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• Attempt to gain unauthorized access to the Service, other user accounts, or any computer systems or networks connected to the Service.
• Scrape, crawl, spider, harvest, or use any automated means to access or collect data from the Service (see Section 8 for additional restrictions).
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying logic of the Service or any of its components.
• Interfere with, disrupt, or place an undue burden on the Service or its infrastructure, including servers, networks, or connected systems.
• Use the Service to distribute malware, viruses, or other harmful code.
• Create multiple accounts, use bots, or otherwise manipulate the Service to artificially inflate vibe scores, follower counts, or engagement metrics.
• Circumvent or attempt to circumvent any content moderation, rate-limiting, access controls, or other security measures.

Violations of this section may result in immediate suspension or termination of your account, at our sole discretion.

7. AI-Powered Features & Machine Learning

The Service incorporates artificial intelligence ("AI") and machine learning ("ML") technologies to deliver personalized and enhanced experiences. By using the Service, you acknowledge and agree to the following:

7.1 AI-Powered Features

Viibo uses AI and ML to power certain features of the Service, including but not limited to:

• Vibe Matching. Algorithmic analysis of your vibe preferences, check-in history, and interaction patterns to calculate personalized vibe match scores for venues and content.
• Personalized Recommendations. AI-driven recommendations of spots, spaces, creators, and content tailored to your vibe profile, location, and activity on the platform.
• AI Planner. A conversational AI assistant that generates outing plans (date nights, brunch itineraries, group outings) based on venue data, user preferences, and contextual inputs.
• Content Ranking & Feed Curation. Algorithmic ranking of posts, spaces, and other content in your feed based on relevance, engagement signals, vibe compatibility, and recency.
• Vibe DNA & Archetype Analysis. AI-powered analysis of your vibe preferences and behavior patterns to generate your Vibe DNA profile and archetype classification.
• Search & Discovery. AI-enhanced search results, autocomplete suggestions, and trending content identification.

7.2 Data Used to Train & Improve AI Models

We use data in anonymized and aggregated form to train, improve, and develop our AI and ML models. This may include:

• Anonymized vibe check-in data and vibe dimension ratings
• Aggregated interaction patterns (e.g., which types of venues are popular in specific districts)
• De-identified usage patterns and feature engagement metrics
• Anonymized search queries and discovery behavior
• Aggregated community vibe scores and trend data

We do not use individually identifiable personal data to train general-purpose AI models. Personalization models that operate on your individual data do so solely to improve your personal experience within the Service and are not shared with third parties.

7.3 AI-Generated Content Disclaimers

Certain features of the Service produce AI-generated content, including but not limited to AI Planner suggestions, venue recommendations, vibe match scores, and archetype descriptions. You acknowledge and agree that:

• AI-generated suggestions are informational only and do not constitute guarantees, endorsements, or professional advice of any kind.
• AI Planner outputs (itineraries, restaurant suggestions, timing recommendations) are generated algorithmically and may contain inaccuracies, outdated information, or errors. You should independently verify venue hours, availability, pricing, and other details before relying on AI-generated plans.
• Vibe match scores and personalized recommendations are algorithmic estimates and do not guarantee that you will enjoy any particular venue or experience.
• Viibo LLC is not responsible for any decisions you make based on AI-generated content or recommendations provided through the Service.
• AI models may produce unexpected, inaccurate, or biased outputs. We strive to minimize such issues but cannot guarantee that AI features will be error-free.

7.4 Algorithmic Decision-Making Transparency

We are committed to transparency regarding how our algorithms affect your experience:

• Feed Ranking. Content in your feed is ranked using a combination of factors including vibe compatibility with your preferences, content recency, engagement signals, creator relevance, and geographic proximity. No single factor is determinative.
• Vibe Scoring. Venue vibe scores are computed from aggregated community check-in data across five dimensions (romantic, trendy, cozy, loud, eyeCheck). Your personal vibe match score is derived by comparing venue vibe profiles against your individual vibe preferences.
• Recommendation Logic. Recommendations are driven by collaborative filtering, content-based filtering, and contextual signals (time of day, day of week, location, seasonal trends).
• No Discriminatory Profiling. Our algorithms do not use protected characteristics (race, gender, religion, sexual orientation, disability status) as inputs for ranking, scoring, or recommendation decisions.

8. Intellectual Property & Trade Secrets

8.1 Viibo's Intellectual Property

The Service — including but not limited to its software, source code, algorithms, AI/ML models, user interface designs, graphics, logos, trademarks, trade dress, data compilations, and documentation — is the exclusive property of Viibo LLC and is protected by United States and international intellectual property laws, including copyright, trademark, patent, and trade secret law.

8.2 Patent-Pending Technology

Viibo's vibe scoring algorithms, vibe dimension rating systems, vibe matching methodologies, Vibe DNA profiling technology, and related computational methods are patent-pending. Unauthorized use, reproduction, or implementation of these technologies is strictly prohibited and may subject you to legal liability.

8.3 Prohibition on Reverse-Engineering & Scraping

You expressly agree that you will not:

• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, data structures, or underlying logic of the Service or any component thereof.
• Scrape, crawl, harvest, mine, or use any automated means (including bots, spiders, scripts, or browser extensions) to access, collect, copy, or extract data from the Service, including but not limited to venue data, vibe scores, user profiles, content, or algorithm outputs.
• Extract, replicate, or reconstruct vibe scoring outputs, match scores, ranking signals, recommendation data, or any other algorithmic outputs for use outside the Service.
• Build a competitive product or service using data, insights, algorithms, or methodologies obtained from or inspired by the Service.
• Access or attempt to access the Service's APIs in any manner not expressly authorized by Viibo LLC.

8.4 Trade Secret Protections

You acknowledge that the Service contains valuable trade secrets of Viibo LLC, including but not limited to: vibe scoring algorithms and weightings; AI model architectures, training methodologies, and hyperparameters; data processing pipelines and aggregation methods; recommendation engine logic; and business intelligence derived from user interaction data. You agree to treat all non-public aspects of the Service as confidential information and trade secrets of Viibo LLC. Unauthorized disclosure, use, or misappropriation of trade secrets may result in civil liability and criminal penalties under the Defend Trade Secrets Act (18 U.S.C. § 1836) and the Texas Uniform Trade Secrets Act (Tex. Civ. Prac. & Rem. Code § 134A).

8.5 DMCA & Copyright Notices

If you believe that content on the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent at legal@viibo.app. Your notice must include: (a) identification of the copyrighted work; (b) identification of the infringing material and its location on the Service; (c) your contact information; (d) a statement of good-faith belief that the use is unauthorized; and (e) a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act on their behalf.

9. Creator & Business Terms

9.1 Creator Accounts. Users who apply for and are accepted into the Viibo creator program ("Creators") are subject to additional terms. Creators may monetize content through subscriptions, drops, and other mechanisms facilitated by the Service. Creator revenue is subject to applicable fees, payment processing charges, and Viibo's revenue share as disclosed during the creator onboarding process.

9.2 Business & Venue Accounts. Businesses that claim venue listings are responsible for the accuracy of their business information, including hours, menus, and promotional content. Viibo LLC reserves the right to verify venue claims and to remove or modify business listings that contain inaccurate or misleading information.

9.3 Payments & Stripe. Payment processing is provided by Stripe, Inc. By using paid features of the Service, you agree to Stripe's Terms of Service and Privacy Policy. Viibo LLC is not responsible for Stripe's processing of your payment information.

10. Third-Party Services

The Service may integrate with or link to third-party services, including but not limited to mapping providers, AI model providers (OpenAI, Google), payment processors (Stripe), and social media platforms. Your use of third-party services is governed by their respective terms and privacy policies. Viibo LLC is not responsible for the availability, accuracy, content, or practices of any third-party services.

11. Privacy & Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy. By using the Service, you consent to our data practices as described in the Privacy Policy. Key data practices relevant to these Terms include:

• Location data is collected to provide location-based features (nearby venues, district detection, map views) and may be used in anonymized form for analytics.
• Vibe check-in data is used both for your personal profile and, in anonymized and aggregated form, for community venue ratings and AI model improvement.
• We implement reasonable technical and organizational measures to protect your personal data against unauthorized access, loss, or misuse.

12. Termination

12.1 By Viibo. We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to: violation of these Terms; fraudulent, abusive, or illegal activity; extended inactivity; or requests from law enforcement.

12.2 By You. You may delete your account at any time through the app settings. Account deletion will remove your profile and personal data in accordance with our Privacy Policy. Anonymized and aggregated data derived from your activity (such as contributions to community vibe scores) may be retained.

12.3 Effect of Termination. Upon termination, your right to access the Service immediately ceases. Sections that by their nature should survive termination (including but not limited to Sections 5, 7, 8, 13, 14, 15, 16, and 17) shall survive termination.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. VIIBO LLC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, VIIBO LLC DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (C) AI-GENERATED CONTENT, RECOMMENDATIONS, OR VIBE SCORES WILL BE ACCURATE OR SUITABLE FOR YOUR NEEDS; OR (D) DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU USE THE SERVICE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS OR ACTIONS TAKEN BASED ON INFORMATION PROVIDED THROUGH THE SERVICE, INCLUDING AI-GENERATED SUGGESTIONS AND VENUE RECOMMENDATIONS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIIBO LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (B) ANY CONTENT, CONDUCT, OR ACTION OF ANY THIRD PARTY ON THE SERVICE; (C) AI-GENERATED CONTENT, RECOMMENDATIONS, OR VIBE SCORES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE.

IN NO EVENT SHALL VIIBO LLC'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE GREATER OF: (I) THE AMOUNTS YOU HAVE PAID TO VIIBO LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (II) ONE HUNDRED DOLLARS ($100.00 USD).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF VIIBO LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. Indemnification

You agree to indemnify, defend, and hold harmless Viibo LLC, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of any third party; or (e) your violation of any applicable law or regulation.

16. Dispute Resolution & Arbitration

16.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles.

16.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@viibo.app and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved through good-faith negotiation.

16.3 Binding Arbitration

If we are unable to resolve a dispute informally, you and Viibo LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The arbitration shall take place in Dallas County, Texas, unless otherwise agreed by the parties. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.4 Class Action Waiver

YOU AND VIIBO LLC AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

16.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, trade secrets, or confidential information. Claims for injunctive relief under Section 8 (Intellectual Property & Trade Secrets) are expressly excluded from mandatory arbitration.

17. General Provisions

17.1 Entire Agreement. These Terms, together with the Privacy Policy and any additional terms to which you agree when using particular features of the Service, constitute the entire agreement between you and Viibo LLC regarding the Service.

17.2 Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

17.3 Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Viibo LLC's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment. You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. Viibo LLC may freely assign these Terms without restriction.

17.5 Force Majeure. Viibo LLC shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, labor disputes, power failures, internet disruptions, or governmental actions.

17.6 Notices. We may provide notices to you through the Service, via email to the address associated with your account, or by other reasonable means. You may provide notices to us by emailing legal@viibo.app.

18. Electronic Communications

By using the Service, you consent to receiving electronic communications from us, including emails, push notifications, and in-app messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

19. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by updating the "Last updated" date at the top of these Terms and, where appropriate, by providing additional notice through the Service or via email. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and delete your account.

20. Contact

If you have questions, concerns, or complaints about these Terms or the Service, please contact us: