VibeVO Terms of Service

1.1. In these Terms, unless the context otherwise requires, the following terms shall have the meanings set out below:

"Account"

means the account created by the User on the Platform in order to access and use the Services.

"Advertiser"

means a business, organization, or individual using the Platform to promote products, services, or brands via influencer marketing campaigns.

"Advertising Campaign"

means a marketing initiative created by an Advertiser on the Platform, consisting of defined parameters including target audience, budget, campaign duration, and content requirements.

"Advertising Fees"

means the fees payable by the Advertiser to the Company for the use of the Platform and the Services in connection with Advertising Campaigns.

"Applicable Law"

means all applicable laws, statutes, regulations, rules, orders, directives, and guidelines of any governmental authority that apply to the User or the Platform.

"Company"

means [COMPANY_NAME], a company incorporated and registered under the laws of [JURISDICTION].

"Content"

means any text, images, videos, audio, graphics, or other materials created, uploaded, or shared by a User through the Platform.

"Creator"

means a content creator who participates in advertising campaigns through the Platform to monetize their social media presence.

"Creator Fees"

means the fees payable by the Company to the Creator for their participation in Advertising Campaigns, as determined by the applicable campaign terms and performance metrics.

"Internal Balance"

means the balance maintained within the User's Account on the Platform, which may be topped up using supported payment methods including cryptocurrency and fiat currency.

"Intellectual Property"

means all patents, trademarks, service marks, trade names, domain names, copyrights, design rights, database rights, trade secrets, know-how, and all other intellectual property rights of any kind.

"KYB"

means Know Your Business, the process of verifying the identity and legitimacy of a business entity.

"KYC"

means Know Your Customer, the process of verifying the identity of an individual user.

"Performance Metrics"

means the measurable indicators used to evaluate the effectiveness of Advertising Campaigns, including but not limited to CPM (Cost Per Mille), CPC (Cost Per Click), CPA (Cost Per Action), and CPV (Cost Per View).

"Platform"

means the VibeVO platform accessible through vibevo.io, including all associated websites, applications, tools, and services provided by the Company.

"Privacy Policy"

means the privacy policy of the Company, as published on the Platform and updated from time to time.

"Services"

means all services provided by the Company through the Platform, including but not limited to campaign creation, influencer marketing, Creator participation, and payment processing.

"User"

means any person or entity that accesses or uses the Platform, including Advertisers and Creators.

1.2. In these Terms, unless the context otherwise requires: (a) words importing the singular include the plural and vice versa; (b) words importing a gender include every gender; (c) references to "includes" or "including" shall be construed without limitation; (d) references to statutes or statutory provisions shall be construed as references to those statutes or statutory provisions as amended, re-enacted, or replaced from time to time; (e) headings are for convenience only and shall not affect the interpretation of these Terms.

2.1. By accessing or using the Platform, you represent and warrant that:

1. 2.1.1. You are at least 18 years of age or the age of legal majority in your jurisdiction (whichever is greater) and have the legal capacity to enter into these Terms.
2. 2.1.2. If you are acting on behalf of a business or organization, you have the authority to bind that entity to these Terms, and references to "you" in these Terms shall include that entity.
3. 2.1.3. You will comply with all Applicable Laws in connection with your use of the Platform and the Services.
4. 2.1.4. All information you provide to the Company, including during registration and verification, is accurate, complete, and not misleading.
5. 2.1.5. You are not located in, under the control of, or a national or resident of any country or territory that is subject to sanctions or embargoes imposed by the United Nations, the European Union, the United States of America, or any other applicable jurisdiction.
6. 2.1.6. You have not been previously suspended or removed from the Platform.
7. 2.1.7. Your use of the Platform does not violate any Applicable Law or regulation.

2.2. If you are an Advertiser, you additionally represent and warrant that:

1. 2.2.1. You have all necessary rights, licenses, and permissions to advertise the products, services, or brands that are the subject of your Advertising Campaigns.
2. 2.2.2. Your Advertising Campaigns and all associated Content comply with all Applicable Laws, including without limitation advertising standards, consumer protection laws, and intellectual property laws.
3. 2.2.3. Your Advertising Campaigns do not contain any content that is false, misleading, defamatory, obscene, offensive, or otherwise objectionable.

2.3. If you are a Creator, you additionally represent and warrant that:

1. 2.3.1. You are the owner of or have the necessary rights to the social media accounts you connect to the Platform.
2. 2.3.2. Any Content you create or share in connection with Advertising Campaigns is original, does not infringe on any third-party Intellectual Property, and complies with all Applicable Laws.
3. 2.3.3. You will disclose your participation in Advertising Campaigns in accordance with applicable advertising disclosure requirements and guidelines.

3.1. In order to access and use certain features of the Platform, you must create an Account. Account creation may require authentication via Telegram or other supported authentication methods as determined by the Company from time to time.

3.2. You are responsible for maintaining the confidentiality of your Account credentials, including any authentication tokens, passwords, or access codes. You agree to notify the Company immediately of any unauthorized use of your Account or any other breach of security.

3.3. You are solely responsible for all activities that occur under your Account, regardless of whether such activities were authorized by you. The Company shall not be liable for any loss or damage arising from your failure to maintain the security of your Account.

3.4. You may not create more than one Account without the prior written consent of the Company. The Company reserves the right to suspend or terminate any duplicate Accounts.

3.5. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy and completeness.

3.6. The Company reserves the right to suspend, disable, or delete your Account at any time and for any reason, including but not limited to violation of these Terms, suspected fraudulent activity, or prolonged inactivity. The Company shall make reasonable efforts to notify you of any such action, except where prohibited by Applicable Law or where such notification would compromise security.

4.1. The Platform provides the following categories of Services:

Services for Advertisers

1. 4.1.1. Creation of Advertising Campaigns. Advertisers may create and configure Advertising Campaigns through the Platform, specifying parameters such as target audience demographics, campaign budget, duration, content requirements, and desired Performance Metrics (including CPM, CPC, CPA, and CPV).
2. 4.1.2. Influencer Marketing. The Platform facilitates the connection between Advertisers and Creators, enabling Advertisers to identify, engage, and collaborate with Creators for the promotion of their products, services, or brands.
3. 4.1.3. Campaign Analytics. Advertisers have access to analytics and reporting tools that provide insights into the performance of their Advertising Campaigns, including reach, engagement, and conversion metrics.
4. 4.1.4. Campaign Management. The Platform provides tools for Advertisers to manage, modify, pause, or terminate their Advertising Campaigns in accordance with these Terms.

Services for Creators

1. 4.2.1. Campaign Participation. Creators may browse, apply for, and participate in Advertising Campaigns listed on the Platform, subject to the campaign requirements set by the Advertiser and any eligibility criteria established by the Company.
2. 4.2.2. Earning Creator Fees. Creators earn Creator Fees for their participation in Advertising Campaigns, based on the applicable Performance Metrics and the terms of the specific campaign.
3. 4.2.3. Performance Tracking. Creators have access to tools and dashboards that track their campaign performance, earnings, and payout history.
4. 4.2.4. Profile Management. Creators may manage their profile, connect social media accounts, and showcase their portfolio to attract Advertising Campaign opportunities.

4.3. The Company reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

4.4. The Company does not guarantee the availability, accuracy, or reliability of any Services, and the Services are provided on an "as is" and "as available" basis.

4.5. The Company may, at its sole discretion, introduce new Services or features, which shall be subject to these Terms unless otherwise specified.

5.1. Advertising Fees. Advertisers shall pay Advertising Fees to the Company in consideration for the Services provided. The applicable fees shall be as set out on the Platform or as otherwise agreed between the Advertiser and the Company. All payments are handled through the Internal Balance, which may be topped up using supported payment methods including cryptocurrency and fiat currency.

5.2. Creator Fees. Creators shall receive Creator Fees for their participation in Advertising Campaigns, as determined by the applicable campaign terms and Performance Metrics. Creator Fees shall be credited to the Creator's Internal Balance and may be withdrawn in accordance with the Company's withdrawal policies.

5.3. Commission. The Company may retain a commission or service fee from the Advertising Fees paid by Advertisers. The applicable commission rate shall be disclosed on the Platform or communicated to the Advertiser prior to campaign creation.

5.4. Taxes. Each User is solely responsible for determining and fulfilling any tax obligations arising from their use of the Platform and the receipt of any payments, including but not limited to income tax, value-added tax, goods and services tax, withholding tax, or any other applicable taxes. The Company does not provide tax advice and recommends that Users consult with a qualified tax professional.

5.5. All fees and charges displayed on the Platform are exclusive of applicable taxes unless otherwise stated. The Company reserves the right to modify its fee structure at any time upon reasonable notice to Users.

5.6. Refunds. Advertising Fees are generally non-refundable except as expressly provided in these Terms or as required by Applicable Law. Refund requests shall be evaluated on a case-by-case basis at the sole discretion of the Company.

5.7. Minimum Balance. The Company may establish minimum balance requirements for Advertisers to create or maintain Advertising Campaigns. The Company may also establish minimum withdrawal thresholds for Creators.

5.8. The Company shall not be liable for any losses arising from currency fluctuations, payment processing delays, or fees imposed by third-party payment providers.

6.1. The Company employs anti-fraud measures to detect and prevent fraudulent activities on the Platform, including but not limited to:

1. 6.1.1. Automated systems to detect artificial inflation of Performance Metrics, including fake views, clicks, engagement, or followers.
2. 6.1.2. Monitoring of Account activity for patterns indicative of fraudulent behavior, including the use of bots, automated tools, or other artificial means to manipulate campaign results.
3. 6.1.3. Verification of Creator social media accounts and audience authenticity.

6.2. If the Company determines, in its sole discretion, that a User has engaged in fraudulent activity, the Company reserves the right to:

1. 6.2.1. Suspend or terminate the User's Account immediately and without prior notice.
2. 6.2.2. Withhold, deduct, or reclaim any fees, payments, or balances associated with fraudulent activity.
3. 6.2.3. Report the fraudulent activity to the relevant authorities.
4. 6.2.4. Pursue any available legal remedies against the User.

6.3. Advertisers acknowledge that Performance Metrics may be subject to adjustment by the Company to account for detected or suspected fraudulent activity. The Company shall make reasonable efforts to ensure the accuracy of Performance Metrics but does not guarantee their absolute precision.

6.4. Creators shall not engage in any activity that artificially inflates Performance Metrics, including but not limited to purchasing followers, using engagement pods, employing bots, or soliciting inorganic engagement. Any such activity shall constitute a material breach of these Terms.

7.1. Users are responsible for ensuring that their use of the Platform complies with all Applicable Laws and these Terms. Without limitation, Users shall:

1. 7.1.1. Not use the Platform for any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable purpose.
2. 7.1.2. Not attempt to gain unauthorized access to the Platform, other Users' Accounts, or any systems or networks connected to the Platform.
3. 7.1.3. Not upload, post, or transmit any Content that contains viruses, malware, or other harmful code.
4. 7.1.4. Not interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available.
5. 7.1.5. Not use any automated means, including scripts, bots, crawlers, or scrapers, to access or interact with the Platform without the prior written consent of the Company.
6. 7.1.6. Not engage in any activity that could damage, disable, overburden, or impair the Platform.
7. 7.1.7. Not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
8. 7.1.8. Not use the Platform to advertise or promote products or services that are illegal, harmful, or otherwise prohibited by the Company's content policies.
9. 7.1.9. Comply with all applicable social media platform terms of service in connection with Content created or shared through the Platform.

7.2. Users acknowledge that the Company is not responsible for the conduct of any User on the Platform. The Company does not endorse, verify, or guarantee the accuracy or reliability of any Content posted by Users.

7.3. Users shall cooperate with the Company in any investigation of suspected violations of these Terms or Applicable Law.

8.1. You acknowledge and agree that your use of the Platform is at your sole risk. The Platform and the Services are provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied.

8.2. You acknowledge and agree that:

1. 8.2.1. The Company does not guarantee any specific results from the use of the Services, including but not limited to any particular level of reach, engagement, conversions, or revenue.
2. 8.2.2. Campaign performance may be affected by factors outside the Company's control, including but not limited to changes in social media platform algorithms, market conditions, audience behavior, and regulatory developments.
3. 8.2.3. The Company is not responsible for the actions or omissions of any Advertiser, Creator, or other third party.
4. 8.2.4. Payments made through the Platform, including those involving cryptocurrency, may be subject to processing delays, exchange rate fluctuations, and other risks inherent to the applicable payment method.
5. 8.2.5. The regulatory environment governing online advertising, influencer marketing, and digital payments is evolving and may change in ways that affect the availability or operation of the Platform or the Services.

8.3. You assume all risks associated with your use of the Platform, including but not limited to financial risks, reputational risks, and regulatory risks.

9.1. To the fullest extent permitted by Applicable Law, the Company expressly disclaims all representations and warranties, whether express, implied, statutory, or otherwise, including but not limited to:

1. 9.1.1. Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
2. 9.1.2. Any warranties regarding the accuracy, reliability, completeness, or timeliness of the Platform, the Services, or any Content available through the Platform.
3. 9.1.3. Any warranties that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
4. 9.1.4. Any warranties regarding the results that may be obtained from the use of the Platform or the Services.

9.2. No advice or information, whether oral or written, obtained from the Company or through the Platform shall create any warranty not expressly stated in these Terms.

9.3. The Company does not warrant that the Platform will meet your requirements or expectations, or that any errors or defects in the Platform will be corrected.

10.1. The Platform may contain links to third-party websites, services, or content that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

10.2. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, goods, or services available on or through any third-party websites or services.

10.3. The inclusion of any link to a third-party website or service does not imply endorsement, approval, or recommendation by the Company of such website or service.

10.4. Content created by Creators in connection with Advertising Campaigns represents the views and opinions of the individual Creator and does not necessarily reflect the views or opinions of the Company. The Company is not responsible for the accuracy, legality, or appropriateness of any Content created by Creators.

11.1. The Company reserves the right to require Users to undergo Know Your Customer (KYC) or Know Your Business (KYB) verification at any time, including but not limited to:

1. 11.1.1. Upon registration or at any time during the User's use of the Platform.
2. 11.1.2. When a User's transaction volume or Account balance exceeds certain thresholds.
3. 11.1.3. When the Company has reasonable grounds to suspect fraudulent or unlawful activity.
4. 11.1.4. As required by Applicable Law or regulatory guidance.

11.2. KYC and KYB verification may require the submission of identity documents, proof of address, business registration documents, tax identification numbers, and other documentation as determined by the Company.

11.3. The Company reserves the right to suspend or restrict a User's access to the Platform or certain features until the required verification is completed to the Company's satisfaction.

11.4. The Company may engage third-party service providers to conduct KYC and KYB verification on its behalf. By submitting verification documents, you consent to the processing of your personal data by such third-party service providers in accordance with the Company's Privacy Policy.

11.5. Failure to complete the required verification within the timeframe specified by the Company may result in the suspension or termination of your Account.

12.1. To the fullest extent permitted by Applicable Law, the Company, its directors, officers, employees, agents, affiliates, successors, and assigns shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or any other intangible losses, arising out of or in connection with:

1. 12.1.1. Your use of or inability to use the Platform or the Services.
2. 12.1.2. Any unauthorized access to or use of your Account or personal data.
3. 12.1.3. Any Content or conduct of any third party on or through the Platform.
4. 12.1.4. Any errors, omissions, or inaccuracies in the Platform or the Services.
5. 12.1.5. Any loss of funds, whether in fiat currency or cryptocurrency, arising from your use of the Platform.

12.2. In no event shall the Company's total aggregate liability to you for all claims arising out of or in connection with these Terms or the use of the Platform exceed the greater of: (a) the total amount of fees paid by you to the Company during the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred United States Dollars (USD $100).

12.3. The limitations of liability set out in this Section shall apply regardless of the legal theory on which the claim is based, including but not limited to contract, tort (including negligence), strict liability, or any other legal or equitable theory, and regardless of whether the Company has been advised of the possibility of such damages.

12.4. Some jurisdictions do not allow the exclusion or limitation of certain types of damages. In such jurisdictions, the Company's liability shall be limited to the fullest extent permitted by Applicable Law.

13.1. The Company reserves the right to:

1. 13.1.1. Modify, update, or discontinue any aspect of the Platform or the Services at any time, with or without notice.
2. 13.1.2. Refuse, suspend, or terminate access to the Platform for any User, at any time and for any reason, including but not limited to violation of these Terms.
3. 13.1.3. Remove or disable access to any Content that the Company determines, in its sole discretion, violates these Terms, Applicable Law, or the rights of any third party.
4. 13.1.4. Modify the fee structure, commission rates, or payment terms at any time upon reasonable notice to affected Users.
5. 13.1.5. Implement technical measures to protect the Platform, including but not limited to rate limiting, access controls, and automated monitoring systems.
6. 13.1.6. Cooperate with law enforcement authorities and comply with court orders or subpoenas, including by disclosing User information where required by Applicable Law.

13.2. The exercise or failure to exercise any right or remedy under these Terms shall not constitute a waiver of such right or remedy or any other right or remedy.

14.1. You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and disbursements) arising out of or in connection with:

1. 14.1.1. Your use of the Platform or the Services.
2. 14.1.2. Your violation of these Terms or any Applicable Law.
3. 14.1.3. Your violation of any rights of any third party, including but not limited to Intellectual Property rights, privacy rights, or publicity rights.
4. 14.1.4. Any Content you create, upload, post, or share through the Platform.
5. 14.1.5. Any claim by a third party arising from an Advertising Campaign in which you participated, whether as an Advertiser or a Creator.
6. 14.1.6. Your tax obligations or failure to comply with applicable tax laws.

14.2. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.

15.1. Either party may terminate these Terms at any time by providing written notice to the other party. Upon termination by you, you must immediately cease all use of the Platform.

15.2. The Company may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including but not limited to:

1. 15.2.1. Breach of these Terms.
2. 15.2.2. Fraudulent, abusive, or illegal activity.
3. 15.2.3. Non-payment of applicable fees.
4. 15.2.4. Request by law enforcement or other government agencies.
5. 15.2.5. Discontinuation or material modification of the Platform or the Services.
6. 15.2.6. Unexpected technical or security issues.

15.3. Upon termination:

1. 15.3.1. All rights and licenses granted to you under these Terms shall immediately cease.
2. 15.3.2. You must immediately cease all use of the Platform.
3. 15.3.3. Any outstanding Advertising Fees shall remain due and payable.
4. 15.3.4. Any accrued but unpaid Creator Fees shall be paid to the Creator in accordance with the Company's standard payment terms, subject to any applicable deductions or withholdings.
5. 15.3.5. The Company may retain or delete your Account data in accordance with its data retention policies and Applicable Law.

15.4. The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections relating to Intellectual Property, Limitation of Liability, Indemnification, and Miscellaneous.

16.1. The Platform, including its design, layout, look, appearance, graphics, software, source code, and all associated Intellectual Property, is owned by or licensed to the Company and is protected by Applicable Law.

16.2. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for the purposes contemplated by these Terms.

16.3. You shall not:

1. 16.3.1. Copy, modify, adapt, translate, or create derivative works of the Platform or any part thereof.
2. 16.3.2. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform.
3. 16.3.3. Remove, alter, or obscure any proprietary notices, labels, or marks on the Platform.
4. 16.3.4. Use the Company's name, logo, trademarks, or other brand elements without the prior written consent of the Company.

16.4. By uploading or submitting any Content to the Platform, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform such Content in connection with the operation and promotion of the Platform and the Services.

16.5. You retain ownership of any Content you create, subject to the license granted in Section 16.4. You represent and warrant that you have all rights necessary to grant such license.

16.6. The Company respects the Intellectual Property rights of others. If you believe that any Content on the Platform infringes your Intellectual Property rights, please contact us at support@vibevo.io with a detailed description of the alleged infringement.

17.1. The Company's collection, use, and disclosure of personal information in connection with the Platform is governed by the Company's Privacy Policy, which is incorporated into these Terms by reference.

17.2. By using the Platform, you consent to the collection, use, and disclosure of your personal information in accordance with the Privacy Policy.

17.3. The Company may update the Privacy Policy from time to time. Your continued use of the Platform after any such update constitutes your acceptance of the revised Privacy Policy.

17.4. The Company implements reasonable technical and organizational measures to protect personal data against unauthorized access, loss, or alteration. However, no method of transmission over the Internet or method of electronic storage is completely secure, and the Company cannot guarantee absolute security.

18.1. The Company shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond the Company's reasonable control, including but not limited to:

1. 18.1.1. Acts of God, natural disasters, epidemics, or pandemics.
2. 18.1.2. War, terrorism, civil unrest, or armed conflict.
3. 18.1.3. Government actions, sanctions, embargoes, or regulatory changes.
4. 18.1.4. Power failures, internet outages, telecommunications failures, or infrastructure disruptions.
5. 18.1.5. Cyberattacks, hacking, denial-of-service attacks, or other malicious activities targeting the Platform or its infrastructure.
6. 18.1.6. Failures or disruptions of third-party services, platforms, or systems upon which the Platform depends.
7. 18.1.7. Strikes, lockouts, or other industrial action.

18.2. In the event of a Force Majeure event, the Company shall make reasonable efforts to mitigate the impact and resume performance of its obligations as soon as practicable.

19.1. The Platform is intended for use by businesses, organizations, and professional content creators. By using the Platform, you confirm that you are acting in the course of your trade, business, craft, or profession, and not as a consumer.

19.2. To the extent permitted by Applicable Law, you waive any consumer protection rights that may apply to your use of the Platform. Nothing in this Section shall exclude or limit any consumer protection rights that cannot be excluded or limited under Applicable Law.

20.1. All notices, requests, and other communications under these Terms shall be in writing and shall be deemed to have been duly given when:

1. 20.1.1. Delivered personally or sent by registered mail to the address provided by the recipient.
2. 20.1.2. Sent by email to the email address associated with the recipient's Account, or to support@vibevo.io in the case of notices to the Company.
3. 20.1.3. Published on the Platform, in the case of general notices to all Users.

20.2. You agree to keep your contact information associated with your Account accurate and up to date. The Company shall not be liable for any failure of notification caused by inaccurate or outdated contact information provided by you.

20.3. Notices published on the Platform shall be deemed effective upon publication. Notices sent by email shall be deemed effective upon transmission, provided no delivery failure notification is received by the sender.

21.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of [JURISDICTION], without regard to its conflict of laws provisions.

21.2. Dispute Resolution. Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by arbitration administered in accordance with the arbitration rules of [JURISDICTION]. The seat of arbitration shall be [JURISDICTION]. The language of arbitration shall be English. The arbitral tribunal shall consist of a sole arbitrator appointed in accordance with the applicable arbitration rules.

21.3. Entire Agreement. These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

21.4. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall continue in full force and effect.

21.5. Waiver. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the Company to be effective.

21.6. Assignment. You may not assign or transfer these Terms or any of your rights or obligations hereunder, in whole or in part, without the prior written consent of the Company. The Company may assign or transfer these Terms or any of its rights or obligations hereunder without restriction.

21.7. No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights in any person or entity that is not a party to these Terms.

21.8. Amendments. The Company reserves the right to modify or amend these Terms at any time. Any material changes shall be communicated to Users through the Platform or by email. Your continued use of the Platform after the effective date of any such modification or amendment constitutes your acceptance of the revised Terms.

21.9. Relationship of the Parties. Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, or employment relationship between you and the Company. You are an independent contractor and not an employee, agent, or representative of the Company.

21.10. Language. These Terms are drafted in the English language. In the event of any conflict between the English version and any translation, the English version shall prevail.

21.11. Contact. If you have any questions or concerns regarding these Terms, please contact us at support@vibevo.io.