Terms of Service

1. Acceptance of Terms

By accessing or using Vibe Otter ("Service"), operated by BC Innovation Labs ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

2. Description of Service

Vibe Otter is an AI-powered website building platform that enables users to create, customize, and deploy websites through conversational interfaces. Our Service includes:

• AI-assisted website generation and customization
• Website hosting and deployment
• Domain management services
• Ongoing website maintenance and updates
• Customer support and the Human Guarantee program

We utilize advanced language models, including technology from Anthropic, to power our website generation features. By using our Service, you acknowledge that your interactions may be processed by these AI systems.

3. User Accounts

Account Creation

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

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Notify us immediately if you discover any unauthorized use of your account

Account Responsibility

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

4. Acceptable Use

You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Create content that violates any laws or infringes on the rights of others
• Upload malicious code or interfere with the Service's operation
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to send spam or unsolicited communications
• Resell or redistribute the Service without our express written permission
• Use the Service to create websites that promote hate, violence, or discrimination
• Attempt to reverse engineer or copy the Service's functionality

We reserve the right to investigate and take appropriate legal action against anyone who violates these provisions.

5. Content and Ownership

Your Content

You retain ownership of all content you create using our Service. By using our Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, and display your content solely for the purpose of providing the Service to you.

Our Content

The Service, including its original content, features, and functionality, is owned by BC Innovation Labs and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Feedback

Any feedback, suggestions, or improvements you provide about our Service may be used by us without any obligation to compensate you.

6. Human Guarantee

How the Human Guarantee Works

Our Human Guarantee is designed to ensure customer satisfaction while maintaining reasonable safeguards:

Guarantee Process

1. Initial Attempt: You must first make a reasonable attempt to create your desired website using our AI-powered tools.
2. Support Request: If you're unable to achieve your desired result, contact our support team within your first month of paid service.
3. Additional Assistance: We reserve the right to provide you with additional chat credits (at no cost) to help you achieve your goals using our AI tools.
4. Human Intervention: If additional chats don't resolve the issue, we will evaluate whether human intervention is appropriate based on the scope and complexity of your request.
5. Resolution: We will either:
   • Have our human engineers complete the necessary modifications to achieve your vision, or
   • Issue a full refund if we determine the request is beyond the reasonable scope of the guarantee

Guarantee Limitations

The Human Guarantee is subject to the following reasonable limitations:

• Available only to paid subscribers within their first month of service
• Limited to website features and functionality reasonably expected from our Service
• Does not cover requests for enterprise-scale applications or complex custom programming
• Does not include ongoing maintenance beyond initial setup
• Limited to one guarantee claim per customer account
• We reserve the right to determine if a request falls within the reasonable scope of the guarantee

Good Faith Requirement

This guarantee is offered in good faith to ensure customer satisfaction. We reserve the right to deny guarantee claims that appear to be fraudulent or made in bad faith, such as requesting us to build complete production websites for commercial enterprises at no cost.

7. Payment Terms

Subscription Plans

We offer various subscription plans as detailed on our pricing page. By selecting a paid plan, you agree to pay the applicable fees on a recurring basis.

Billing

• Subscription fees are billed in advance on a monthly basis
• All fees are in US dollars unless otherwise stated
• You authorize us to charge your payment method on a recurring basis
• It is your responsibility to keep your payment information current

Refunds

Refunds are generally only available through our Human Guarantee program within the first month of service. After the first month, subscription fees are non-refundable except as required by law.

Changes to Pricing

We reserve the right to modify our pricing. We will provide at least 30 days' notice before any price increases affect your subscription.

8. Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will make reasonable efforts to notify you of significant changes that may affect your use of the Service.

We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

9. Disclaimers and Limitations

Service Provided "As Is"

The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

No Guarantee of Results

While we strive to provide excellent service and stand behind our Human Guarantee, we do not guarantee that the Service will meet all your requirements or that it will be uninterrupted, secure, or error-free.

Limitation of Liability

To the maximum extent permitted by law, BC Innovation Labs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or similar code transmitted through the Service by any third party
• Any errors or omissions in any content

In no event shall our total liability exceed the amount paid by you to us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless BC Innovation Labs, its affiliates, and their respective officers, directors, employees, and agents 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
• Your use of the Service
• Your violation of any rights of another party
• Your content or websites created using the Service

11. Termination

Termination by You

You may terminate your account at any time through your account settings or by contacting us. Termination does not entitle you to any refunds unless covered by our Human Guarantee.

Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Effect of Termination

Upon termination, your right to use the Service will cease immediately. We may delete your account and content after termination. Provisions of these Terms that by their nature should survive termination shall survive.

12. Miscellaneous

Governing Law

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

Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in King County, Washington.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BC Innovation Labs regarding the use of the Service.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

13. Contact Information

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