Terms of Service

By accessing or using VibeLux services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our Services.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

VibeLux provides cultivation facility optimization software under a revenue sharing model. You pay only a percentage of documented savings or improvements.

VibeLux integrates Claude AI (by Anthropic) and other machine learning technologies to provide intelligent cultivation assistance, automated analysis, and predictive insights.

3.1 AI Service Limitations

• No Guarantees: AI recommendations are based on statistical models and historical data. Results are NOT guaranteed and may be incorrect or inappropriate for your specific situation.
• Not Professional Advice: AI outputs do not constitute professional agronomic, legal, financial, or medical advice. Always consult qualified professionals.
• Human Oversight Required: All AI recommendations should be reviewed by qualified personnel before implementation.
• Data Accuracy: AI performance depends on data quality. Inaccurate input data will produce unreliable results.

3.2 Data Usage for AI Services

By using AI features, you acknowledge and agree that:

• Your facility data may be processed by third-party AI providers (e.g., Anthropic)
• Anonymized data may be used to improve AI models and services
• AI providers may retain processed data according to their retention policies
• You have necessary rights to submit any data processed by AI services

3.3 AI-Specific Disclaimers

• Research Citations: While our AI cites research papers, always verify citations and read source materials directly.
• Predictive Models: Predictions are probabilistic estimates, not certainties. Many factors can affect actual outcomes.
• Anomaly Detection: False positives and false negatives may occur. AI alerts supplement but do not replace human monitoring.
• Compliance Assistance: AI compliance features are informational only. You remain fully responsible for regulatory compliance.

3.4 API Usage Costs

AI features may incur additional API usage costs from third-party providers. These costs may be passed through to users based on usage. Heavy AI usage may result in usage limits or additional charges.

NO CULTIVATION ADVICE: VibeLux provides software tools only. We are NOT responsible for cultivation outcomes, crop failures, or regulatory violations.

EQUIPMENT INTEGRATION RISKS: Integration with third-party equipment may cause malfunctions. Always maintain manual override capabilities.

ENVIRONMENTAL FACTORS: External factors including but not limited to weather, pests, diseases, power outages, and human error can impact results.

EXCLUSION OF DAMAGES: IN NO EVENT SHALL VIBELUX BE LIABLE FOR:

• Lost profits, revenue, or business opportunities
• Loss of crops or cultivation failures
• Regulatory fines or legal penalties
• Indirect, incidental, special, consequential, or punitive damages
• Equipment damage or malfunction
• Data loss or corruption
• Third-party claims

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF VIBELUX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend, and hold harmless VibeLux, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable laws or regulations
• Any claim that your cultivation operations caused damage or injury
• Your negligence or willful misconduct

This indemnification obligation will survive termination of these Terms.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Course of performance
• Accuracy or completeness of data
• Uninterrupted or error-free operation
• Compatibility with all equipment or systems

No advice or information obtained from VibeLux shall create any warranty not expressly stated in these Terms.

Binding Arbitration: Any dispute arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

Class Action Waiver: YOU AGREE TO BRING CLAIMS AGAINST VIBELUX ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Arbitration Details:

• Location: San Francisco, California
• Governing Law: Laws of California, without regard to conflict of law principles
• Language: English
• Arbitrator Selection: Single arbitrator mutually agreed upon
• Costs: Each party bears its own costs, unless arbitrator determines otherwise

30-Day Right to Opt Out: You have the right to opt out of this arbitration provision by sending written notice within 30 days of first accepting these Terms to: legal@vibelux.ai

9.1 Free Trial

• 14-Day Free Trial: Eligible plans include a 14-day free trial. Unless you cancel before the trial ends, your trial will automatically convert to a paid, recurring subscription and the payment method on file will be charged.
• Payment Method Required: You may be required to provide a valid payment method to start a trial. By doing so, you authorize VibeLux to charge that method when the trial converts and on each subsequent billing date.
• One Trial Per Customer: Free trials are limited to one per customer and may not be combined with other offers.

9.2 Recurring Billing

• Subscription fees are billed in advance on a recurring basis, either monthly or annually, according to the plan you select.
• Your subscription automatically renews at the end of each billing period until you cancel.
• Pricing is subject to change with 30 days notice prior to your next renewal.
• All payments are processed securely through Stripe. Taxes may apply based on your location.

9.3 Cancellation

• You may cancel your subscription at any time from your account billing settings or by contacting support@vibelux.ai.
• To avoid being charged for the next period, you must cancel before your trial ends or before your current billing period renews.
• Upon cancellation, access continues until the end of the current billing period.

9.4 Refunds

• Except where required by law, subscription fees are non-refundable and we do not provide refunds or credits for partial billing periods or unused time.
• Data export is available for 30 days after cancellation.

10.1 Affiliate Commission Structure

VibeLux offers an affiliate program with the following declining commission structure for successful referrals:

• Months 1-6: 35% commission on referred customer's revenue share payments
• Months 7-18: 25% commission
• Months 19-36: 15% commission
• Months 37+: 8% commission

10.2 Affiliate Terms & Conditions

• Commissions are calculated on actual revenue share payments received from referred customers
• Payouts processed monthly via Stripe Connect or ACH transfer
• Minimum payout threshold: $50 USD
• Commissions under threshold roll over to next month
• Affiliate must maintain active account in good standing
• Self-referrals are prohibited and will result in termination
• Fraudulent referrals result in immediate termination and forfeiture of commissions

10.3 Marketing Compliance

Affiliates must:

• Comply with all applicable laws and regulations, especially cannabis advertising laws
• Not make false or misleading claims about VibeLux services
• Not use spam or unsolicited communications
• Not bid on VibeLux trademark terms in paid advertising
• Clearly disclose affiliate relationship when promoting

10.4 Commission Adjustments

Commissions are subject to adjustment for:

• Refunds or chargebacks from referred customers
• Customers who fail to pay or default on agreements
• Violations of these Terms or affiliate guidelines
• Changes to the affiliate program (with 30 days notice)

10.1 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemic, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

9.2 Termination

Either party may terminate these Terms at any time with 30 days written notice. Upon termination, you must cease all use of the Services and pay any outstanding amounts owed under the revenue sharing agreement.

9.3 Survival

Sections relating to liability limitations, indemnification, arbitration, and general provisions shall survive termination of these Terms.

9.4 Entire Agreement

These Terms constitute the entire agreement between you and VibeLux regarding the Services and supersede all prior agreements and understandings.

9.5 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

9.6 Assignment

You may not assign or transfer these Terms without our prior written consent. VibeLux may assign these Terms without restriction.

9.7 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Services. Continued use after modifications constitutes acceptance.