Terms of Service

Last Updated: May 1, 2025

These Terms of Service ("Terms") govern your access to and use of the website and services provided by IDWT LLC, operating as TheVibeCTO.com ("we," "our," or "us"). Please read these Terms carefully before using our services.

By accessing or using TheVibeCTO.com, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Services Overview

TheVibeCTO.com provides app development services on a subscription basis. Our Services include but are not limited to:

  • App development and creation using AI-assisted tools and platforms
  • Consulting on app requirements and specifications
  • Revisions and iterations of app designs and functionality
  • Technical support during the development process

2. User Accounts

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding the password that you use to access our Services and for any activities or actions under your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account.

3. Subscription and Payments

3.1 Subscription: Our Services are offered on a subscription basis. By subscribing to our Services, you agree to pay the applicable subscription fees as they become due.

3.2 Payment: You agree to provide us with accurate and complete payment information. You authorize us to charge your payment method for all fees incurred by you. If automatic billing fails for any reason, we may issue an electronic invoice requesting you to proceed with the payment within a defined timeframe.

3.3 Taxes: Our stated fees do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes assessable by any local, state, provincial, federal, or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with your subscription.

3.4 Fee Changes: We reserve the right to modify our fees at any time upon notice. Such notice may be provided by sending an email, posting a notice on our website, or by other reasonable means.

3.5 Refunds: Refund requests are subject to our Refund Policy, available at Refund Policy.

4. Intellectual Property

4.1 Our Intellectual Property: TheVibeCTO.com and its original content, features, and functionality are and will remain the exclusive property of IDWT LLC and its licensors. Our Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.

4.2 Your Content: You retain ownership of any intellectual property rights that you hold in the content you submit to us for app development.

4.3 License to Use Your Content: By submitting content to us for app development, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content solely for the purpose of providing our Services to you.

4.4 Deliverables: Upon full payment of all applicable fees, and subject to these Terms, we assign to you all rights, title, and interest in the final deliverables resulting from our Services.

5. Prohibited Conduct

You agree not to:

  • Use our Services in any way that violates any applicable federal, state, local, or international law or regulation
  • Use our Services to transmit any material that is defamatory, obscene, or offensive
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services
  • Use our Services to develop applications that promote illegal activities, hate speech, discrimination, or violence
  • Use our Services to infringe upon intellectual property rights of others

6. Third-Party Platforms

Our Services may involve the use of third-party platforms and tools (e.g., Replit, Lovable.dev) that have their own terms of service and pricing. You are responsible for complying with the terms of service of these third-party platforms and for any costs associated with their use, as specified during our consultation process.

7. Limitation of Liability

In no event shall IDWT LLC, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Services
  • Any conduct or content of any third party on the Services
  • Unauthorized access, use, or alteration of your transmissions or content

Our liability is limited to the maximum extent permitted by law, and in no event will our liability exceed the amount you paid for our Services during the 12 months prior to the claim.

8. Disclaimer of Warranties

Our Services are provided on an "as is" and "as available" basis. IDWT LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

9. Indemnification

You agree to indemnify, defend, and hold harmless IDWT LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms.

10. Termination

We reserve the right to terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

Upon termination, your right to use our Services will immediately cease. If you wish to terminate your account, you may simply discontinue using our Services and cancel your subscription by contacting us.

11. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law provisions.

13. Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall be conducted in Albuquerque, New Mexico, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

15. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and Refund Policy, constitute the entire agreement between you and IDWT LLC regarding our Services and supersede all prior agreements and understandings, whether written or oral.

16. Contact Us

If you have any questions about these Terms, please contact us at:

IDWT LLC
2105 Vista Oeste St NW Suite E
Albuquerque, NM 87120
United States
Email: hello@TheVibeCTO.com

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