Last Updated: 03/01/2025

Welcome to VIBE. These Terms of Service ("Terms") form a legal agreement between you ("you," "your," or "Customer") and Vibe Retail LLC ("VIBE," "we," "us," or "our"). These Terms govern your access to and use of our websites, mobile applications, software, point-of-sale (POS) systems, payment services, applications, hardware, and any other services offered through our platform (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and any additional policies or agreements referenced herein. If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these Terms, and that business accepts these Terms. You should read all of our Terms carefully.

1. Definitions

In addition to terms defined elsewhere in these Terms:

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with Vibe Retail LLC.
"Customer Data" means all electronic data, text, messages, or other materials submitted to the Services by you.
"Documentation" means written or electronic information provided by VIBE regarding the use of the Services.
"POS Hardware" refers to hardware devices purchased or leased from VIBE for use with the Services.
"Authorized Users" means employees, representatives, or agents who are authorized by you to access and use the Services.

2. Eligibility

To use the Services, you must:

Be at least 18 years old;
Have the power to enter into a binding contract;
Use the Services on behalf of a business entity;
Provide accurate, complete registration information.

3. Account Registration and Access

You must register for an account to use the Services. You are responsible for:

Maintaining the confidentiality of login credentials;
Ensuring that all account information is current;
All activities occurring under your account;
Promptly notifying VIBE of any unauthorized use or security breach.
You are fully responsible for all activity that occurs under your account, including for any actions taken by persons to whom you have granted access to your account. We reserve the right to change the account type, suspend or terminate the account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
If we reasonably suspect that your account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your account, and any of your transactions with law enforcement.

4. Services

VIBE provides point-of-sale software, payment processing, and related services. VIBE may offer:

Cloud-based software platform;
Inventory and customer management tools;
Integrated payment processing;
Optional third-party integrations.

We may modify the Services at any time that we deem to be reasonable, or to improve performance, add features, or comply with legal requirements. The modified version will become effective as of the time it is posted on our website or communicated to you through the Services.

5. Fees, Billing, and Taxes

5.1 Subscription Fees

VIBE charges monthly or annual fees based on your selected service plan.

All fees are non-refundable, except as required by law.

5.2 Payment Processing Fees

You will be charged processing fees as outlined at www.viberetail.com.

Fees may differ for card-present vs. card-not-present transactions.

5.3 Payment Terms

Payment is due at the beginning of each billing cycle.

Failure to pay may result in suspension or termination of your account.

5.4 Taxes

You are responsible for all applicable taxes and government charges.

5.5 Access to Funds

We may defer payout or restrict access to your funds if we need to conduct an investigation or resolve any pending dispute related to your use of the Services, or in accordance with our Terms. We also may defer payout or restrict access to your funds as necessary to comply with applicable law or court order, or if requested by any governmental entity.

6. POS Hardware

If you purchase or lease hardware:

Title remains with VIBE if leased;
Hardware may be subject to return, replacement, or warranty terms;
You are responsible for loss or damage not covered by warranty.

7. Acceptable Use Policy

You agree not to:

Use the Services for any unlawful or fraudulent activity;
Interfere with or disrupt the Services;
Access the Services in order to build a competitive product;
Violate any third-party rights.

We may suspend or terminate access to the Services if we believe you have violated our Acceptable Use Policy.

8. Third-Party Services

Our Services may integrate with third-party services. We are not responsible for:

The availability or accuracy of third-party services;
Content, products, or services available from such third parties;
Your use of third-party services is at your own risk and governed by their terms.

9. Payment Processing Terms

You agree that:

VIBE is your exclusive payment processor;
We may withhold funds if we suspect fraud, excessive chargebacks, or other risk factors;
Payouts may be delayed or reversed based on investigation outcomes.

You must maintain a valid bank account and provide accurate financial details.

You grant us a security interest in, as well as a right of setoff against, and assign, convey, deliver, pledge and transfer to us, as security for repayment of any obligations due under these Terms and any other agreement you have with us, all of your right, title, and interest in and to all of your accounts with us. You will execute any additional documentation required for us to create, perfect, or maintain our security interest. You grant us recovery authorizations concerning funds you are obligated to repay us. You authorize us to administratively freeze or direct any third party bank holding the account to freeze all such accounts to allow us to protect our security interest, collection, charge and setoff rights as provided for in this section.

Your failure to fully pay amounts that you owe us on demand will be a breach of these terms. You are liable for any of our costs and expenses associated with collection in addition to any amounts owed, including attorneys’ fees and other legal expenses, collection agency fees, and any applicable interest.

10. Data Privacy and Security

VIBE will maintain appropriate security measures to protect Customer Data;
Our Privacy Policy at www.viberetail.com/privacy outlines our data practices;
You agree to comply with all applicable privacy laws and obtain any required customer consents.

11. Confidentiality

You agree to keep confidential information in strict confidence and not to disclose it except as required by law or with the consent of Vibe. By using any of our Services, you acknowledge our data practices that apply to you, as set out in the Privacy Policy. The Privacy Notice explains how VIBE collects, uses and protects the personal information you provide to us where VIBE makes use of your personal data to provide you with the Services or for its own purposes. You are required to familiarize yourself with the Privacy Notice prior to using the Services.

12. Intellectual Property

All intellectual property rights in the Services and Documentation remain the property of VIBE or its licensors. You may not:

Copy, modify, or create derivative works;
Reverse engineer the Services;
Remove proprietary notices.

13. Term and Termination

These Terms remain in effect until terminated by either party;
You may cancel your account at any time;
VIBE may suspend or terminate your account for non-payment, violation of these Terms, or at our discretion.

Upon termination:

All rights granted to you will terminate;
You must stop using the Services;
Data may be retained or deleted per our data retention policy.

These Terms, the Services, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

14. Warranties and Disclaimers

VIBE provides the Services "as is" and "as available";
We disclaim all warranties, express or implied, WITHOUT LIMITING THE FOREGOING, VIBE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.;
We do not guarantee uninterrupted or error-free service.

All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. VIBE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

15. Limitation of Liability

To the maximum extent permitted by law:

VIBE is not liable for indirect, incidental, punitive, exemplary or consequential damages;
Our liability is limited to the fees paid by you in the 6 months prior to the claim.
UNDER NO CIRCUMSTANCES WILL VIBE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

16. Indemnification

You agree to indemnify and hold VIBE, its officers, employees, and affiliates harmless from any claims, losses, liabilities, and expenses arising from:

Your use of the Services;
Violation of these Terms;
Infringement of any third-party rights;
any other party’s access and/or use of the Services with your unique name, password or other appropriate security code;
your violation of any law, rule or regulation of the United States or any other country or any inaccuracy in any information provided by you.;

17. Modifications to the Terms

We may modify these Terms by posting an updated version at www.viberetail.com/legal. Continued use of the Services after changes become effective constitutes acceptance.

18. Governing Law and Dispute Resolution

These Terms are governed by the Federal Arbitration Act and by the laws of [New York] and/or applicable federal law, without regard to its choice of law or conflicts of law principles];
If we and you are not able to resolve any dispute by informal negotiation, all disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by National Arbitration and Mediation (“NAM”) (https://www.namadr.org) according to the NAM Comprehensive Rules and Procedures (the “NAM Rules”);
Any action or proceeding by you relating to any dispute must commence within one year after the cause of action accrues. Before an arbitration is commenced, you agree to attempt to avoid the costs of formal dispute resolution by giving us a full and fair opportunity to address and resolve a dispute informally.
Each party waives its right to a jury trial or class action.

19. Force Majeure

VIBE will not be liable for any delay or failure to perform due to events beyond our control, including natural disasters, war, cyberattacks, labor disputes, or utility outages.

20. Notices

Legal notices must be sent to:

Vibe Retail LLC
Attn: Legal Department
legal@viberetail.com

By using the Services, you confirm that you have read, understood, and agreed to these Terms of Service.

Terms & Conditions

Vibe Retail LLC - Terms & Conditions