Terms of Service

1. Service Description & Provider

CheckVibe (the “Service”, “we”, “us”, or “our”) is a software-as-a-service (SaaS) website security analysis platform operated by CheckVibe, an unincorporated sole proprietorship based in Switzerland. The Service provides automated security scanning, threat intelligence aggregation, vulnerability reporting, configuration checks, compliance heuristics, AI-assisted analysis, and related informational tools relating to publicly accessible websites and connected source-code repositories or backend projects.

These Terms of Service (“Terms”) form a binding legal agreement between you (“you” or “Customer”) and CheckVibe and govern your access to and use of the Service. These Terms incorporate by reference our Privacy Policy, Cookie Policy, Acceptable Use Policy, General Disclaimer, Data Processing Addendum, and Subprocessor List, each of which forms an integral part of these Terms.

CheckVibe is an information service. The Service does not constitute, and is not a substitute for, professional legal, regulatory, compliance, cybersecurity, penetration-testing, accounting, or any other professional advice. See Section 13 (Disclaimer of Warranties) and our General Disclaimer.

2. Eligibility, Capacity & Authority

The Service is offered only to persons who meet all of the following requirements. You represent and warrant on a continuing basis that:

• You are at least sixteen (16) years of age, or the higher minimum age of digital consent in your jurisdiction (eighteen (18) years if required by local law).
• You have the full legal right, power, and authority to enter into and perform these Terms.
• If you are accessing the Service on behalf of any company, organization, government body, or other legal entity, you have full authority to legally bind that entity, and the references to “you” in these Terms refer to that entity.
• You are not a resident of, located in, or subject to the jurisdiction of any country, territory, or person to which the export of services from Switzerland, the European Union, the United Kingdom, or the United States is restricted by applicable sanctions or export-control laws (including without limitation OFAC, EU Council Regulations, UN Security Council resolutions, and SECO sanctions lists).
• You are not identified on any restricted or denied-party list maintained by any government.
• You have not previously been suspended, terminated, or banned from the Service by us.
• You will comply at all times with all applicable laws and regulations, including those of your country of residence, your country of access, and the country of any website or system you target with the Service.

3. Account Registration & Security

When you create an account with CheckVibe, you agree to:

• Provide accurate, current, and complete registration information, and to keep that information up to date.
• Maintain the confidentiality and security of your account credentials, API keys, and access tokens at all times.
• Use strong, unique passwords and, where available, enable multi-factor authentication.
• Notify us promptly at support@checkvibe.dev of any actual or suspected unauthorized access, credential compromise, or breach.
• Accept full responsibility for all activity, scans, payments, and content generated under your account, whether or not authorized by you.
• Not share, transfer, lease, or assign your account or credentials to any third party.
• Use only your own email address; not impersonate any person; not register accounts using disposable, role-based, or programmatically generated email addresses except where expressly permitted.

We reserve the right, in our sole discretion, to refuse registration, suspend, restrict, or terminate any account at any time, with or without notice, and with or without cause, including (without limitation) for suspected security risk, fraud, or violation of these Terms. We may require identity verification before restoring access to a suspended account.

4. Authorization to Scan; Pre-Scan Warranties

You may use the Service only to scan or analyze websites, systems, repositories, or infrastructure that you own or for which you have obtained, prior to initiating any scan, all necessary express authorizations to perform automated security analysis. This is a material condition of these Terms. You represent and warrant on a continuing basis that for every scan you initiate:

• You are the owner of the targeted website or system, or you have obtained explicit, written, demonstrable authorization from the owner.
• You have authority to grant CheckVibe and its subprocessors the right to send requests to, fetch responses from, and process responses received from the target.
• Your scanning activity does not violate the Computer Fraud and Abuse Act (18 U.S.C. § 1030), Article 143bis of the Swiss Criminal Code, Section 202a of the German Criminal Code (StGB), the Computer Misuse Act 1990 (UK), Article 323-1 et seq. of the French Penal Code, or any other applicable anti-hacking, computer-crime, telecommunications, or unauthorized-access law in any relevant jurisdiction.
• Your scanning does not breach the target's terms of service, acceptable use policies, robots.txt directives where applicable, or any contractual or statutory restriction.
• You have provided any notice or obtained any consent required from end-users, visitors, employees, or data subjects whose data may be observed or collected as a result of the scan, including in connection with our optional threat-detection JavaScript tag.
• You will not use the Service to target government, military, critical infrastructure (as defined by EU Directive 2022/2557 (NIS2) or U.S. PPD-21), election, healthcare, financial-services, or industrial-control systems without our prior written consent and a separately executed master services agreement.

You acknowledge that scanning a system without authorization may constitute a criminal offense in many jurisdictions, exposing you to civil and criminal liability. You assume sole and complete responsibility for verifying authorization, for any consequences arising from scans you initiate, and for any claim by the owner or operator of the target system. CheckVibe has no obligation to verify your authority and does not do so.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with these Terms, our Acceptable Use Policy, and all applicable laws. Without limiting the foregoing, you must not, and must not permit any third party to:

• Scan, probe, test, or analyze websites, systems, or services you do not own or have not been expressly authorized to scan.
• Use, share, or disseminate scan results to exploit vulnerabilities; to gain unauthorized access; to install malware; or to conduct any malicious, fraudulent, harmful, or illegal activity against any system, person, or organization.
• Circumvent, disable, or attempt to circumvent rate limits, usage quotas, paywalls, access controls, encryption, watermarking, or any other technical restriction or security measure of the Service.
• Use the Service to harass, threaten, defame, stalk, dox, discriminate against, or harm any individual or group.
• Reverse-engineer, decompile, disassemble, decrypt, modify, or attempt to derive the source code, ideas, algorithms, file formats, programming interfaces, or trade secrets of the Service or its underlying scanning engines, except to the extent expressly permitted by mandatory law that may not be waived by contract.
• Resell, sublicense, lease, rent, lend, redistribute, mirror, frame, repackage, white-label, or otherwise commercially exploit the Service, scan results, or any output without our prior written agreement.
• Use automated tools, scripts, bots, scrapers, headless browsers, or any non-human-operated client to access the Service except through our documented, supported APIs and in accordance with their rate limits.
• Use the Service to develop, train, fine-tune, evaluate, or benchmark any competing product, machine-learning model, or large-language model.
• Publicly publish performance benchmarks, comparative reviews, or competitive analyses of the Service without our prior written consent.
• Upload, submit, or transmit any content that is unlawful, infringing, harmful, deceptive, defamatory, obscene, hateful, or that contains malware, viruses, ransomware, or any malicious code.
• Use the Service in any way that imposes a disproportionate or unreasonable load on our infrastructure, that interferes with other users' access, or that endangers the security, integrity, or availability of the Service.
• Use the Service in violation of applicable export-control, sanctions, anti-bribery, anti-money-laundering, data-protection, or consumer-protection laws.
• Use the Service to develop, design, manufacture, or produce nuclear, chemical, biological, or missile weapons, or any other weapon of mass destruction.
• Misrepresent your affiliation with any person, organization, or government.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this Section, including without limitation removing the offending content, suspending or terminating accounts, reporting to law-enforcement authorities, and pursuing all other available legal remedies. Violation of this Section is grounds for immediate termination without refund and may result in civil and criminal liability.

6. Subscription Plans, Fees & Payment

6.1 Plans

CheckVibe offers free and paid subscription plans (which may include Starter, Pro, Max, and custom enterprise tiers). Plan features, scan quotas, retention periods, and pricing are described on our pricing page and may change at any time as set out below.

6.2 Free Tier

Free-tier access is provided as a courtesy and is offered “AS IS,” without any service-level agreement, support guarantee, or commitment of continued availability. We may modify, restrict, suspend, or discontinue any free tier at any time, without notice and without liability.

6.3 Fees, Billing & Automatic Renewal

• All fees are quoted in the currency stated on the checkout page and are exclusive of any taxes, duties, levies, or fees imposed by any taxing authority. You are responsible for paying all such taxes (including VAT and withholding taxes), other than taxes on our net income.
• All payments are processed securely by Stripe, Inc. (our third-party payment processor). We do not store your full payment-card number on our servers. Your use of payment processing is governed by Stripe's terms and privacy policy.
• Paid subscriptions automatically renew at the end of each billing cycle (monthly or annual) at the then-current price unless you cancel before the renewal date. By providing a payment method, you authorize us and our processor to charge that method on a recurring basis until cancellation.
• You are responsible for keeping your payment method current. If a payment fails, we may retry, suspend access, and ultimately terminate the subscription.
• You may cancel at any time through the Stripe billing portal accessible from your dashboard. Cancellation takes effect at the end of the current billing period; you retain access until then. We do not provide pro-rated refunds for partial periods.
• We may change our prices, fees, plan structure, included features, or quotas at any time. For paid subscribers, material price increases will be communicated by email at least thirty (30) days before they take effect on the next renewal. Continued use after the effective date constitutes acceptance. If you do not accept a price change, your sole remedy is to cancel before the next renewal.
• Promotional discounts, trials, and credits are non-transferable, may be limited per customer, and may be revoked at any time for abuse.

6.4 Refund Policy

Because the Service delivers scan results immediately upon execution and consumes computational, third-party API, and human-equivalent resources at that moment, all fees and subscription payments are final and non-refundable except as expressly set out below or as required by mandatory law that cannot be waived by contract. By initiating a scan, by enabling any paid feature, or by allowing a subscription to renew, you acknowledge that the Service has been fully performed for that billing period and that you waive any right to demand a refund.

• If you have not run any scan or accessed any scan results during the current billing period and you contact us at support@checkvibe.dev within fourteen (14) days of the charge, we will, at our discretion, consider a goodwill refund. Goodwill refunds are not guaranteed and do not establish any obligation or course of dealing for future refunds.
• Consumers in the European Economic Area, Switzerland, or the United Kingdom have a statutory right of withdrawal within fourteen (14) days of subscribing. However, by initiating a scan or accessing any digital content before the end of that withdrawal period, you expressly request immediate performance and acknowledge that you lose your right of withdrawal as permitted by Article 16(m) of EU Directive 2011/83/EU and equivalent local law.
• Refund requests outside these circumstances will be reviewed case-by-case and are not guaranteed.
• Filing a chargeback or payment dispute without first contacting us in good faith may result in immediate account termination, forfeiture of credits, and pursuit of recovery costs and reasonable legal fees.
• No refunds will be issued for accounts suspended or terminated for breach of these Terms or our Acceptable Use Policy.

6.5 Currency, Conversion & Bank Charges

Where your billing currency differs from the currency of your bank account or payment instrument, conversion is performed by your card issuer or bank at their prevailing rates and you are responsible for any foreign-exchange or cross-border fees.

7. Communications & Notices

7.1 Transactional Communications

By creating an account, you consent to receive transactional, security, and service-related electronic communications necessary for the operation of your account, including without limitation account confirmations, password resets, security and breach notices, billing receipts, scan completion and threat-detection notifications, and updates to these Terms or our policies. These communications are essential to the Service and you cannot opt out of them while your account is active.

7.2 Marketing Communications

CheckVibe does not currently send unsolicited marketing emails. If we introduce optional promotional communications in future, they will be opt-in (or opt-out where permitted by local law), and you will be able to unsubscribe at any time using the link in each message. We will never sell, rent, or share your email address with any third party for that third party's own marketing purposes.

7.3 Notices to You

Notices we give you under these Terms will be sent to the email address associated with your account or posted in the dashboard or on our website. Notices are deemed delivered when sent by email or twenty-four (24) hours after posting, whichever is earlier. You are responsible for maintaining an accurate email address and for monitoring it.

7.4 Notices to Us

Notices to us must be sent in English to support@checkvibe.dev. Notices are deemed delivered when we acknowledge receipt or three (3) business days after sending, whichever is earlier.

8. Intellectual Property

8.1 Our IP

The Service, including all software, scanning algorithms, detection rules, signatures, machine-learning models, user interfaces, documentation, look-and-feel, designs, graphics, text, logos, brand elements, trademarks, service marks, trade names, trade dress, and all other content provided by us or on our behalf (collectively, the “CheckVibe IP”), is and remains the exclusive property of CheckVibe or its licensors, and is protected by applicable copyright, trademark, patent, trade-secret, database, sui-generis, and other intellectual-property and proprietary-rights laws. “CheckVibe,” the CheckVibe logo, and related marks are trademarks of CheckVibe and may not be used without our prior written consent.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own internal business or personal use during the term of your subscription. No other rights are granted, expressly or by implication, estoppel, or otherwise. All rights not expressly granted are reserved.

8.2 Your Content

You retain all ownership rights in the data, URLs, source code, configuration, credentials, and other content you submit, upload, connect, or otherwise make available to the Service (your “Customer Content”). You grant us and our subprocessors a worldwide, non-exclusive, royalty-free, fully paid-up license to host, store, copy, transmit, process, analyze, display, and modify your Customer Content solely to the extent necessary to provide, maintain, secure, support, and improve the Service for you, to comply with law, and to enforce these Terms. This license terminates when the relevant Customer Content is deleted, except as required for back-ups, audit, dispute resolution, or applicable law.

8.3 Feedback

If you submit any suggestion, idea, enhancement request, feedback, recommendation, testimonial, bug report, or other input regarding the Service (“Feedback”), you irrevocably assign to CheckVibe all rights, title, and interest in and to that Feedback and grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, exploit, modify, and incorporate the Feedback into our products and services without obligation to you. Feedback is not confidential and we have no obligation to credit, compensate, or attribute you.

8.4 Usage Data

We may collect, aggregate, anonymize, and analyze usage, performance, and telemetry data relating to your use of the Service. We may use such data in aggregated and de-identified form indefinitely for any lawful purpose, including improving the Service, security research, developing new features, statistical analysis, and benchmarking. Aggregated and de-identified data does not identify you or your Customer Content.

8.5 Customer Reference

Unless you opt out by emailing support@checkvibe.dev, you grant us a limited, non-exclusive, royalty-free, revocable license to reference your name, logo, and a factual description of your use of the Service on our website, in case studies, and in marketing materials. We will honor reasonable brand-usage guidelines you provide in writing.

9. Copyright Infringement & DMCA

We respect the intellectual-property rights of others and expect users to do the same. In accordance with the United States Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and applicable equivalent laws in other jurisdictions, we will respond to notices of alleged copyright infringement that comply with the requirements below. To file a notice, send an email to support@checkvibe.dev(subject line: “DMCA Notice”) containing:

• An identification of the copyrighted work you claim has been infringed.
• The URL or specific location of the allegedly infringing material on our Service.
• Your full name, postal address, telephone number, and email address.
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.
• Your physical or electronic signature.

We may forward the notice to the affected user. Repeat infringers will have their accounts terminated. If you believe content was removed in error, you may submit a counter-notice containing the analogous information required by 17 U.S.C. § 512(g)(3). Knowingly submitting a materially false notice or counter-notice may subject you to liability for damages.

10. Third-Party Services, Data & Links

The Service incorporates data, content, and APIs from third-party sources, including (without limitation) Google Safe Browsing, Google Gemini, the National Vulnerability Database (NVD), GitHub, Stripe, Resend, Supabase, Vercel, public certificate-transparency logs, DNS resolvers, public WHOIS registries, and the websites you submit for scanning. The Service may also link to or embed third-party websites, products, or services. We do not control, endorse, warrant, guarantee, or assume responsibility for any third-party services, content, products, advice, statements, or other information provided by third parties. Your use of any third-party service is governed by the third party's own terms and privacy policies, and is at your sole risk.

When you connect a third-party integration (such as a GitHub repository or a Supabase project), you authorize us to access and process data from that integration as necessary to provide the Service. You are responsible for ensuring you have the rights to grant such access. You may revoke that authorization at any time by disconnecting the integration.

11. Beta & Experimental Features

From time to time we may release pre-release, alpha, beta, preview, experimental, early-access, or evaluation features (collectively, “Beta Features”). Beta Features are provided for testing and evaluation, may contain bugs, errors, defects, security vulnerabilities, or data-loss risks, may be modified or discontinued at any time without notice, are not subject to any service-level commitment, are excluded from any support or refund obligation, and are provided “AS IS” and “AS AVAILABLE” without warranties of any kind. We do not guarantee that any Beta Feature will become generally available. You use Beta Features entirely at your own risk and waive any claim arising from their use.

12. AI & Automated Analysis Disclaimer

Portions of the Service rely on artificial-intelligence systems, large language models, heuristic rules, machine-learning classifiers, signature databases, and other automated analysis (collectively, “Automated Output”). Automated Output is generated by software, not by humans, and is provided for informational purposes only. Automated Output may be inaccurate, incomplete, out of date, biased, inconsistent, misleading, or harmful, and may contain false positives (flagging items that are not vulnerabilities) and false negatives (failing to flag items that are vulnerabilities). Automated Output does not constitute professional security, legal, regulatory, compliance, accounting, medical, financial, or other advice.

You are solely responsible for independently verifying, validating, and acting (or not acting) upon any Automated Output. You acknowledge that scan results, AI-generated explanations, risk scores, severity ratings, recommended remediations, compliance heuristics, and threat-intelligence data are estimates produced by software and must not be relied on as a definitive determination of any matter, including without limitation the security, vulnerability, compliance, legal, or operational status of any system or website. We do not warrant that any Automated Output is accurate, complete, current, useful, or fit for any purpose.

13. Disclaimer of Warranties

The Service, including all content, scan results, data, automated output, beta features, and any related materials, is provided on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis, without warranties or representations of any kind, whether express, implied, statutory, or otherwise.

To the maximum extent permitted by applicable law, CheckVibe, its affiliates, officers, directors, employees, contractors, agents, licensors, and subprocessors expressly disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including without limitation:

• Implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, accuracy, completeness, currency, system integration, quiet enjoyment, and title.
• Any warranty arising from course of dealing, course of performance, or trade usage.
• Any warranty that the Service will be uninterrupted, error-free, secure, free of viruses or other harmful components, or that defects will be corrected.
• Any warranty regarding the accuracy, reliability, completeness, timeliness, suitability, or availability of any scan result, automated output, threat data, vulnerability classification, severity rating, AI-generated explanation, recommended remediation, or any other information delivered by the Service.
• Any warranty that use of the Service will achieve any particular result, including without limitation any compliance, certification, audit, security, or business outcome.

No advice or information, whether oral or written, obtained from us or through the Service creates any warranty not expressly stated in these Terms. The Service is not designed, intended, or authorized for use in any application requiring fail-safe performance, including without limitation life-support systems, nuclear facilities, aircraft navigation or communication, air-traffic control, weapons systems, medical devices, or any application in which the failure of the Service could lead to death, personal injury, or severe physical, property, or environmental damage. You assume all risk if you use the Service in such applications.

Some jurisdictions do not allow the disclaimer of certain warranties, so some of the above disclaimers may not apply to you. In such jurisdictions, our liability is limited to the minimum extent permitted by law.

14. Limitation of Liability

To the maximum extent permitted by applicable law:

(a) Excluded Damages. In no event shall CheckVibe, its affiliates, officers, directors, employees, contractors, agents, licensors, or subprocessors be liable to you or to any third party for any indirect, incidental, special, consequential, exemplary, punitive, reliance, or enhanced damages of any kind, including without limitation damages for lost profits, lost revenue, lost savings, lost business opportunities, loss of goodwill, business interruption, lost or corrupted data, cost of substitute goods or services, reputational harm, cost of cover, or any other intangible loss, arising out of or related to these Terms, the Service, any scan, any scan result, any automated output, any beta feature, any unavailability of the Service, any security incident, or any third-party services, even if we have been advised of, knew of, or should have known of the possibility of such damages, and regardless of the legal or equitable theory (contract, tort, strict liability, statute, or otherwise) on which the claim is based.

(b) Aggregate Cap.Our and our affiliates' total cumulative aggregate liability for any and all claims arising out of or related to these Terms or the Service shall not exceed the greater of (i) the total fees actually paid by you to us for the Service in the six (6) months immediately preceding the event giving rise to the first claim or (ii) fifty Swiss francs (CHF 50). This cap is cumulative across all causes of action and is not increased by the existence of multiple claims.

(c) Free Tier. If you have not paid any fees to CheckVibe in the six (6) months preceding the claim, the aggregate cap is reduced to fifty Swiss francs (CHF 50) regardless of any damage actually suffered.

(d) Essential Purpose. The parties agree that these limitations are an essential basis of the bargain between them and shall apply even if any limited remedy fails of its essential purpose.

(e) Time-Bar. Any claim or cause of action you may have arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues, otherwise it is permanently barred, except where a longer limitation period is mandatorily required by applicable law.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that may not be limited under the mandatory law of your jurisdiction. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. In those jurisdictions, our liability is limited to the minimum extent permitted by law.

15. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless CheckVibe and its affiliates, officers, directors, employees, contractors, agents, licensors, and subprocessors (the “Indemnified Parties”) from and against any and all third-party claims, demands, actions, suits, proceedings, investigations, liabilities, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees, expert fees, court costs, and the costs of any settlement) arising out of or related to:

• your access to or use of the Service;
• your Customer Content or any data, URL, or system you submit to the Service;
• your scanning of any website, system, repository, or service, including without limitation any claim by the owner or operator of a target system or by any visitor or data subject;
• your reliance on, action upon, or failure to act upon any scan result, automated output, or other information provided by the Service;
• your breach or alleged breach of these Terms, the Acceptable Use Policy, the Privacy Policy, or any representation, warranty, or covenant herein;
• your violation or alleged violation of any law, regulation, or third-party right (including without limitation any intellectual-property, privacy, publicity, or contract right);
• any actual or alleged infringement, misappropriation, or unauthorized use by you;
• your willful misconduct, gross negligence, or fraud.

We will promptly notify you of any claim subject to indemnification and reasonably cooperate at your expense. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully. You may not settle any claim that imposes any obligation or admission on any Indemnified Party without our prior written consent.

16. Suspension & Termination

16.1 By You

You may terminate your account at any time by cancelling your subscription from the billing portal and using the in-product account-deletion flow, or by emailing support@checkvibe.dev.

16.2 By Us

We may suspend, restrict, or terminate your access to the Service at any time, in whole or in part, with or without notice, and with or without liability, including (without limitation):

• For actual or suspected violation of these Terms, the Acceptable Use Policy, the Privacy Policy, or any applicable law;
• For non-payment, payment dispute, chargeback, or repeated payment failure;
• For actual or suspected fraud, abuse, security risk, or threat to the Service or other users;
• If continued provision of the Service would expose us to legal, regulatory, or reputational risk;
• To comply with any law, regulation, court order, government request, or third-party legal process;
• For account inactivity exceeding twelve (12) months on free or unpaid accounts;
• For convenience, with reasonable prior notice for paid subscriptions.

16.3 Effect of Termination

Upon termination, your right to access and use the Service ceases immediately, and we may delete or disable access to your account, Customer Content, and scan history at any time in accordance with our Privacy Policy retention schedule, except where retention is required by law, dispute resolution, or our security needs. You are responsible for exporting any data you wish to retain before termination. We are not liable for any loss of data resulting from termination.

16.4 Survival

The following Sections survive termination or expiration: 1 (interpretation portions), 2 (warranties given), 4 (warranties given), 5 (continuing prohibitions), 6.4 (refund obligations), 8 (Intellectual Property), 9 (DMCA), 10 (third-party disclaimers), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 16.3 and 16.4 (this Section), 17 (Dispute Resolution), 18 (Governing Law), 19 (General Provisions), and any other provision that by its nature should survive.

17. Dispute Resolution; Arbitration; Class & Jury Waivers

17.1 Informal Resolution (Mandatory Pre-Suit)

Before initiating any formal proceeding, you and we agree to first attempt in good faith to resolve the dispute informally for at least sixty (60) days. To start informal resolution, you must send a written notice describing the nature and basis of the claim and the requested relief to support@checkvibe.dev. The limitation period for the dispute is tolled while informal resolution is pending. No party may initiate arbitration or litigation unless this Section has been satisfied.

17.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, our relationship with you, or any aspect thereof (including without limitation pre-contractual, statutory, common-law, tort, and equitable claims) shall be finally resolved by binding individual arbitration administered by the Swiss Arbitration Centre (formerly the Swiss Chambers' Arbitration Institution) in accordance with its Swiss Rules of International Arbitration in force at the date of the notice of arbitration. The arbitration shall be conducted in Zug, Switzerland, by a single arbitrator, in the English language. The arbitrator's decision shall be final and binding on the parties. Judgment on the award may be entered in any court of competent jurisdiction.

17.3 Class-Action & Collective-Action Waiver

To the fullest extent permitted by applicable law, you and we agree that disputes will be resolved only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, representative, mass, private-attorney-general, or other multi-party proceeding. The arbitrator may not consolidate any other person's claims with yours and may not preside over any form of representative or class proceeding. If a court or arbitrator decides that this waiver is unenforceable in a particular case, that case must be severed from any arbitration and brought in court, with all other cases remaining in arbitration.

17.4 Jury-Trial Waiver

To the fullest extent permitted by applicable law, you and we each irrevocably waive any right to a trial by jury in any proceeding arising out of or relating to these Terms or the Service.

17.5 Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small-claims court for claims that qualify, and either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual-property rights, confidential information, or to prevent unauthorized use of the Service.

17.6 Opt-Out

You may opt out of the arbitration and class-action-waiver provisions in this Section 17 by sending a signed written notice to support@checkvibe.dev(subject: “Arbitration Opt-Out”) within thirty (30) days of first accepting these Terms. The notice must include your name, email address, and account identifier. If you opt out, disputes will be resolved in the courts identified in Section 18, but the rest of these Terms (including the class-action waiver, to the extent permitted by law) remains in effect.

17.7 Consumer Rights

Nothing in this Section limits any mandatory right a consumer has under the law of their country of habitual residence, including the right to bring proceedings in the consumer's local courts where such right cannot be waived by contract.

18. Governing Law & Jurisdiction

These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict-of-laws principles and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Subject to the arbitration provisions in Section 17, the ordinary courts of Zug, Switzerland have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service. Where you are a consumer with habitual residence in a jurisdiction whose mandatory rules afford additional protection, this Section does not deprive you of that protection.

19. General Provisions

19.1 Entire Agreement

These Terms (together with the documents incorporated by reference in Section 1) constitute the entire agreement between you and us regarding the Service and supersede any prior or contemporaneous agreements, communications, proposals, or representations, whether oral or written. Pre-printed terms on any purchase order or other document you submit are expressly rejected and of no effect.

19.2 Severability

If any provision of these Terms is found by a competent authority to be invalid, illegal, or unenforceable in any respect, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or, if it cannot be modified, will be severed from these Terms, and the remaining provisions will continue in full force and effect.

19.3 Waiver

No failure or delay by either party in exercising any right under these Terms operates as a waiver of that right. A waiver is effective only if given in writing and signed by the waiving party, and applies only to the specific instance for which it is given.

19.4 Assignment

You may not assign, transfer, sub-contract, novate, or delegate any of your rights or obligations under these Terms without our prior written consent. Any purported assignment in breach of this Section is void. We may assign, transfer, sub-contract, novate, or delegate our rights and obligations under these Terms in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, financing, or sale of all or substantially all of our assets or equity.

19.5 Force Majeure

Neither party (other than for payment obligations) shall be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including without limitation acts of God, natural disasters, fire, flood, earthquake, epidemic, pandemic, public-health emergency, civil unrest, war, terrorism, sabotage, riot, embargo, sanctions, governmental or regulatory action, labor disputes, internet or telecommunications outages, denial-of-service attacks, third-party service interruptions, cloud-provider outages, energy shortages, or other force-majeure events.

19.6 Independent Contractors; No Agency

The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, employment, franchise, or fiduciary relationship between the parties. Neither party has authority to bind the other.

19.7 No Third-Party Beneficiaries

These Terms are for the benefit of, and enforceable by, only the parties and their permitted successors and assigns. They do not confer any rights on any third party.

19.8 Electronic Communications & Signatures

You consent to receive communications from us in electronic form and agree that all notices, agreements, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. Your electronic acceptance or other interactions with the Service (such as clicking “I agree”) constitute a valid and binding electronic signature for all purposes.

19.9 Headings; Interpretation

Section headings are for convenience only and have no legal effect. Words such as “include,” “includes,” and “including” are deemed to be followed by “without limitation.” The English-language version of these Terms controls in the event of any conflict with a translation.

19.10 Export & Sanctions Compliance

You will comply with all applicable export-control, sanctions, and trade laws (including those of Switzerland, the European Union, the United Kingdom, and the United States) in connection with your use of the Service. You will not directly or indirectly export, re-export, transfer, or use the Service in any manner prohibited by such laws.

19.11 U.S. Government Users

If you are a U.S. federal-government entity or use the Service on behalf of one, the Service is a “commercial item,” “commercial computer software,” and “commercial computer software documentation” under FAR 12.212 and DFARS 227.7202. Use is subject only to the terms of this Agreement.

20. Changes to These Terms

We may modify these Terms at any time. The current version is always available at checkvibe.dev/terms with a “Last updated” date and version number. For material changes, we will provide reasonable notice (generally at least thirty (30) days before the changes take effect) by email and/or by posting a prominent notice in the Service. Material changes apply prospectively only and take effect on the date stated in the notice or, where no date is stated, thirty (30) days after notice. Non-material changes (such as clarifications, formatting, or correction of typographical errors) take effect immediately upon posting. Your continued use of the Service after changes take effect constitutes your acceptance of the updated Terms. If you do not accept the updated Terms, your sole remedy is to stop using the Service and cancel your subscription before the effective date.

21. Contact & Legal Notices

For questions, notices, or correspondence regarding these Terms, contact us:

• Provider: CheckVibe, Switzerland
• General & Legal: support@checkvibe.dev
• Website: checkvibe.dev