Updated 20 Nov 2023
Thank you for choosing Vibefam for your business. When you use our products and services you’re agreeing to our terms, so please read these Terms of Service carefully. Certain capitalized words below are defined in Section 15 (Definitions).
Vibefam provides online business management software services designed specifically for businesses in the fitness industry (“Software Service”). You can access our Software Service via the client login page on our Website and through our mobile apps that are found on Appstore and Playstore.
These Terms of Service (“Agreement”) apply to any use of and access to the Services by you and your Affiliates. By accessing or using the Services (or enabling an Affiliate to access or use the Services), you are indicating that you have read this Agreement and agree to be bound by its terms. If you do not agree with all of the terms of this Agreement, you may not access or use any Services.
This Agreement is effective (“Effective Date”) on the earlier of (a) the date you accept this Agreement by indicating that you accept this Agreement (including through an Order Form), or (b) the date you (or an Affiliate) first access or use the Services.
This is a legal agreement and you represent that you have authority to make these commitments on behalf of your organization.
The Service Level Agreement describes our uptime commitments for the software.
We aren’t responsible for any third party products that are integrated with or used in connection with the Services.
Third Party Offerings
Although the Services may allow you to access or use Third Party Offerings, they are not “Services” under this Agreement and are not subject to any of the warranties, service commitments or other obligations with respect to Services hereunder. The availability of any Third Party Offerings through the Services does not imply Vibefam’s endorsement of or affiliation with the provider. Vibefam does not control Third Party Offerings and will have no liability to you or Affiliates in connection with any Third Party Offerings. Vibefam has no obligation to monitor or maintain Third Party Offerings, and may disable or restrict access to any Third Party Offerings at any time. By using or enabling any Third Party Offering, you are expressly permitting Vibefam to disclose Your Data or other information to the extent necessary to utilize the Third Party Offering. YOUR USE OF THIRD PARTY OFFERINGS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY OFFERINGS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY OFFERINGS). Your base subscription fees include our standard support services.
As part of the Services you will have access to Vibefam’s standard support services.
When you subscribe to our Software Service, your business will be provided the opportunity to be listed on the Marketing Services. From time to time, Vibefam may offer subscribers the opportunity to participate in promotional programs, which are designed to promote their businesses and attract customers.
Free, Trial and Beta Services
Vibefam may in its sole discretion offer free, trial or beta Services from time to time at no charge. Notwithstanding anything to the contrary herein: (a) any free, trial or beta Services are provided “AS IS” with no warranties of any kind; and (b) Vibefam may discontinue any free, trial or beta Services or your ability to use such Services at any time, with or without notice and without any further obligations to you. Without limiting the generality of the foregoing, free Services that have not been accessed or used for 12 consecutive months may be terminated by us. Vibefam will have no liability for any harm or damages suffered by you or any third party in connection with any free, trial or beta Services.
Vibefam offers the ability to process payments through the Services (“Payment Processing Services”). Payment Processing Services are provided by our third party payment processing partners as Third Party Offerings and any procurement by you or your Affiliates will be subject to a separate merchant agreement which will be solely between you (or your Affiliate) and the third party processor. If you use Payment Processing Services you agree that you and your Affiliates will comply with the terms and conditions of any applicable merchant agreements and all applicable card network rules, policies, laws and regulations, at all times while using such Payment Processing Services. At Vibefam’s sole discretion, you may be offered Payment Processing Services provided by Stripe. Vibefam Payments are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”) and subject to certain fees and surcharges communicated to you during the enrollment process and as may be updated by Vibefam from time to time. By enrolling in Vibefam Payments, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Vibefam enabling Payment Processing Services through Stripe, you agree to provide Vibefam accurate and complete information about you and your business, and you authorize Vibefam to share it and transaction information related to your use of the Payment Processing Services provided by Stripe.
You are responsible for making sure that your Affiliates and End Users comply with the terms of this agreement and applicable laws.
Unless you have an Order Form, the current Subscription Fees can be found on our Website.
Vibefam retains all right to our own Intellectual Property.
You own all data you provide to us, but you also grant us a license to use it for certain purposes, for example, to improve our products or to provide you with complementary products of our partners.
You and Vibefam will protect each other’s Confidential Information and only use it to fulfill obligations stated in this Agreement.
If you elect to terminate the Agreement early, you will remain responsible for payment of all fees owed for the entire Subscription Term and will continue to be charged each month for the remainder of the Subscription Term.
You are responsible for keeping your account contacts and other account information up to date, and you must notify us if anything changes.
If we are sued by another party as a result of something you’ve done, you’ll cover the costs.
These are the limits of legal liability we may have to you.
Singapore law applies to this Agreement.
For the purposes of this Agreement, the following capitalized terms will have the meanings set forth for each of them below:
Contact us at firstname.lastname@example.org for questions related to Terms of Service