Terms of Service

1. Service Description

CheckVibe is a website security scanning software-as-a-service (SaaS) platform operated by CheckVibe, based in Switzerland. CheckVibe provides security analysis, threat intelligence, legal compliance checks, and other automated assessments of websites. By creating an account or using our services, you agree to be bound by these Terms of Service.

These terms should be read alongside our Privacy Policy and Cookie Policy.

2. Eligibility

You must be at least 16 years of age to use CheckVibe. By creating an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these terms. If you are using CheckVibe on behalf of an organization, you represent that you have authority to bind that organization to these terms.

3. Account Responsibilities

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

• Provide accurate and complete registration information.
• Maintain the security of your account credentials.
• Notify us immediately of any unauthorized access to your account.
• Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these terms.

4. Acceptable Use

You agree to use CheckVibe only for lawful purposes. Specifically, you must not:

• Scan websites that you do not own or do not have explicit authorization to scan.
• Use scan results to exploit vulnerabilities or conduct malicious activities against any website or service.
• Attempt to circumvent rate limits, usage quotas, or other technical restrictions.
• Use the service to harass, abuse, or harm others.
• Reverse-engineer, decompile, or attempt to extract the source code of our scanning engines.
• Resell or redistribute scan results without our written permission.
• Use automated tools to access CheckVibe beyond the provided API, or scrape content from our platform.

Violation of these rules may result in immediate account termination without refund.

5. Subscription Plans and Payment

CheckVibe offers free and paid subscription plans (Starter, Pro, and Max). By subscribing to a paid plan, you agree to the following:

• All payments are processed securely through Stripe. We do not store your payment card details on our servers.
• Subscriptions renew automatically at the end of each billing cycle (monthly or annual) unless cancelled before the renewal date.
• You may cancel your subscription at any time through the Stripe billing portal. Cancellation takes effect at the end of the current billing period, and you will retain access until then.
• We reserve the right to change pricing with 30 days' notice. Existing subscribers will be notified by email before any price change takes effect on their next renewal.

Refund Policy

Because CheckVibe delivers scan results immediately upon execution, refunds are generally not available once a scan has been run and results have been delivered. By initiating a scan, you acknowledge that the service has been fully performed.

• If you have not used any scans or accessed any scan results during your current billing period, you may request a refund by contacting us at support@checkvibe.dev.
• Refund requests for accounts that have already run scans or viewed scan results will be reviewed on a case-by-case basis but are not guaranteed.
• Chargebacks filed after using the service may result in account termination.

6. Communications

6.1 Transactional Emails

By creating an account, you agree to receive transactional emails necessary for the operation of your account, including account confirmation, password resets, security alerts, billing receipts, and scan result notifications. These emails are essential to the service and cannot be opted out of while your account is active.

6.2 Marketing Communications

During registration, you may opt in to receive product updates, security tips, feature announcements, and occasional newsletters from CheckVibe. This opt-in is entirely voluntary and is not required to use the service. If you opt in, you may unsubscribe at any time by clicking the "unsubscribe" link in any marketing email or by updating your preferences in your account settings. We will process your unsubscribe request within 5 business days.

6.3 Communication Frequency

We will not send more than four (4) marketing emails per month. We will never sell, rent, or share your email address with third parties for their marketing purposes.

7. Intellectual Property

All content, features, and functionality of the CheckVibe platform — including the scanning algorithms, user interface, documentation, branding, logos, and trademarks — are owned by CheckVibe and protected by applicable intellectual property laws. "CheckVibe" and the CheckVibe logo are trademarks of CheckVibe. You may not use our trademarks without prior written consent.

You retain ownership of any data you submit for scanning. By using CheckVibe, you grant us a limited, non-exclusive license to process your submitted data solely for the purpose of providing the scanning service.

8. Copyright and DMCA

We respect the intellectual property rights of others. If you believe that any content on our platform infringes your copyright, please send a notice to support@checkvibe.dev containing:

• A description of the copyrighted work you claim has been infringed.
• The URL or location of the allegedly infringing material.
• Your contact information (name, address, email, phone number).
• A statement that you have a good-faith belief that the use is not authorized.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
• Your physical or electronic signature.

9. Disclaimer of Warranties

CheckVibe is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties regarding the accuracy, completeness, or reliability of scan results. Our scans are automated assessments and should not be treated as a substitute for professional security audits, legal advice, or compliance certification.

10. Limitation of Liability

To the maximum extent permitted by applicable law, CheckVibe and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or related to your use of or inability to use the service, even if we have been advised of the possibility of such damages.

Our total aggregate liability for any and all claims under these terms shall not exceed the amount you paid us in the twelve (12) months immediately preceding the event giving rise to the claim. Nothing in these terms excludes or limits liability that cannot be excluded under applicable law, including liability for death or personal injury caused by negligence or for fraud.

11. Indemnification

You agree to indemnify, defend, and hold harmless CheckVibe and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to: (a) your use of the service; (b) your violation of these terms; (c) your violation of any third-party rights; or (d) your scanning of websites without proper authorization.

12. Termination

We may suspend or terminate your access to CheckVibe at any time, with or without cause, including but not limited to:

• Violation of these Terms of Service or our Acceptable Use policy.
• Fraudulent or abusive behavior.
• Non-payment of subscription fees.
• At your request to close your account.

Upon termination, your right to use the service ceases immediately. We will delete your data in accordance with our Privacy Policy retention schedule, except where we are required by law to retain it. Sections 9, 10, 11, 14, and 15 survive termination.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal proceedings, you agree to first contact us at support@checkvibe.dev and attempt to resolve the dispute informally for at least 30 days.

13.2 Arbitration

If informal resolution fails, any dispute arising out of or relating to these terms or the service shall be resolved by binding arbitration administered by the Swiss Chambers' Arbitration Institution under its Swiss Rules of International Arbitration. The arbitration shall be conducted in Zug, Switzerland, in the English language, by a single arbitrator. The arbitrator's decision shall be final and binding.

13.3 Class Action Waiver

To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13.4 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to support@checkvibe.dev within 30 days of creating your account. If you opt out, disputes will be resolved in the courts of Zug, Switzerland.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Subject to the arbitration provisions above, the courts of Zug, Switzerland shall have exclusive jurisdiction over any disputes arising from these terms.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and CheckVibe regarding the use of our service, and supersede any prior agreements.

15.2 Severability

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer your rights under these terms without our prior written consent. We may assign our rights and obligations under these terms without restriction, including in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

CheckVibe shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or third-party service outages.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on our website at least 30 days before they take effect. The version number and "Last updated" date will be updated accordingly. Continued use of the service after changes take effect constitutes acceptance of the updated terms.

17. Contact Us

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

• General: support@checkvibe.dev
• Legal: support@checkvibe.dev
• Website: checkvibe.dev