Terms of Use
Last updated: 02-09-2023
1. Introduction
Welcome to Invibe. If you reside in the European Economic Area these Terms of Use are an agreement between you and Valeriy Sascheko.
Please read these Terms carefully. By using the invibe.app mobile application (the “App”) or the website located here (the “Website”) or otherwise indicating your acceptance (e.g. by clicking tick-box or bottom “agree” or “continue”), you agree to the following terms, which will bind you at all times and in whatever manner you use the Invibe. If you do not agree, or you do not have the authority to accept these Terms, you must not use the Invibe.
2. Accepting the terms of use
By creating an Invibe account using a mobile device, mobile app, or computer (the "Services"), you agree to be bound by: (a) these Terms of Use; (b) our Privacy Policy, Cookie Policy and Community Guidelines, which are incorporated into this Agreement; (c) all terms and conditions posted and accepted by you if you purchase additional features, products or services that we offer as part of the Service (hereinafter referred to as the “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, do not use the Services.
I reserve the right to make changes to this Agreement and the Services. Such changes may be due to a number of reasons, including changes in legislation or certain requirements, the introduction of new features, and changes in business practices. The latest version of this Agreement is published in the Service in the "Settings" section, as well as on the invibe.app website. I recommend that you regularly check the Agreement for updates, since it is the latest version of the Agreement that is valid. If we make material changes that relate to the rights or obligations of the user, I will notify you of these changes no later than 30 days in advance (unless I am unable to do so in accordance with applicable law) in a suitable way, which may include notices through the Service or email. By continuing to use the Service after the changes take effect, you agree to the new version of the Agreement.
3. Legality
You may not create an account, access or use the Service or the systems on which it is built, unless all of the following conditions are met:
- you are at least 18 years old;
- have the right to enter into a legally binding contract with Invibe;
- you are not a person who is prohibited from using the Service under the laws;
- you agree to comply with this Agreement and all applicable local, state, national and international laws and regulations;
- have not been convicted of a felony or punishable offense (or a crime of similar gravity), a sexual offense or any crime of violence;
- are not required to register on any federal or state sex offender registry.
4. Your account
You can log in to Invibe in various ways, including login with Facebook account, Google account, phone number. By logging in with your Facebook account, Google account, phone number, you are granting us access and permission to use certain information from your Facebook account, Google account, phone number, including, but not limited to, information from your public Facebook, Google profile. For more information about the information we collect about you and how we use it, please see our Privacy Policy.
You are responsible for maintaining the confidentiality of your credentials used to log into Invibe. However, you are also solely responsible for all activities that occur using these credentials. If you suspect that someone has gained access to your account, please contact us immediately.
5. Modification and Termination of Services
Invibe always strives to improve the Service and offer you new interesting and useful features. This means that I have the right to add new features, make improvements, and remove some features. I have the right not to notify you of such actions if they do not materially affect your rights or obligations. I also have the right to completely suspend the provision of the Service, of which I will notify you in advance, except in cases of extenuating circumstances, for example, for security reasons.
The easiest way to delete an account is to follow the instructions in the "Settings" section inside the Service. However, other cancellation methods are also available to you. However, if you're using a third-party billing account for in-app purchases, such as the App Store or Google Play Store, you must also unsubscribe from that account to avoid further charges. Invibe has the right to terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will no longer be entitled to a refund of purchases.
Upon termination of your account, this Agreement shall be deemed terminated, however, the following sections shall remain in full force and effect with respect to you and Invibe: Section 4, Section 5 and Sections 12-19.
6. Safety. Your interactions with other users
Although Invibe promotes respectful relationships among subscribers through features such as a two-step event (User 1 created the event, Uzer 2 responded, User 1 added User 2 to the event), which allows users to communicate only after both of them have shown interest in each other, Invibe is not responsible for the actions of users inside the Service or outside it. You agree to use caution when interacting with other users, especially if you choose to meet in person. In addition, before using the Service, you agree to read the Invibe Security Guidelines and agree to comply with them. You agree not to provide your financial information (such as your credit card or bank account information) or transfer or otherwise send funds to other users.
You are solely responsible for your interactions with other users. You understand that Invibe does not check users' criminal records, nor does it request any other personal information from users. Invibe does not make any guarantees regarding the behavior or compatibility of users.
7. The rights that Invibe grants you
Invibe grants you a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable, non-sublicensable license to access and use the Service. This license is for the sole purpose of enabling you to enjoy the benefits of the Service provided by Invibe under this Agreement. This license will automatically terminate and access to the Service will be terminated if you do any of the following:
- use the Service or any content in the Service for any commercial purposes without our written consent;
- copy, modify, transmit, create any derivative works of, use or in any way reproduce any copyrighted materials, images, trademarks, trade names, proprietary information, service marks and other intellectual property available through the Service, without the prior written consent of Invibe;
- use robots, bots, spiders, crawlers, scrapers, site crawling applications, proxy servers, or other manual or automatic devices, methods or processes to access the Service, extract or index its content, to recreate the Service, its appearance or its content, as well as to bypass its navigational structure;
- use the Service in any way that could interfere with, disrupt, or adversely affect the Service, servers or networks connected to the Service;
- upload viruses or other malicious code or otherwise compromise the security of the Service;
- create a "frame" or "mirror" of any part of the Service without the prior written permission of Invibe;
- use meta tags, code or other devices containing any links to Invibe or the Service (or any trademarks, trademarks, service marks, logos or slogans of Invibe) to direct any person to any other website for any purpose;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any part of the Service or cause others to do so;
- use or develop any third party applications that interact with the Service or other users' Content without our written consent;
- investigate, scan or test the vulnerability of our Service, any system or network;
- encourage any activity that violates this Agreement.
Invibe has the right to investigate illegal and/or unauthorized use of the Service and resort to any legal remedies, including the termination of your account.
Any software I provide to you may automatically download and install updates or other new features. Controls for automatic downloads may be available in your device's settings menu.
8. The rights you grant to Invibe
By creating an account, you grant Invibe a worldwide, assignable, royalty-free, sub-licensable right and a license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute the information you make available through third party sites, such as Facebook, and any information (collectively, "Content") that you post, upload, display, or make available to other subscribers in any other way (collectively, "post"). Invibe's license to use your Content is non-exclusive, except for Invibe's license to derivative works created using the Service. For example, Invibe has an exclusive license to use screenshots of the Service where your Content appears. In addition, in order to prevent your Content from being used outside of the Service, you grant Invibe the right to act on your behalf with respect to violations related to the use of your Content retrieved from the Service by other users or third parties. Our permission to use your Content is subject to applicable laws (such as privacy laws) and is used solely for the purpose of operating, developing, improving the Service and providing related services, and researching and developing new services. You agree that any Content that you post on the Service may be viewed by other users and by anyone visiting the Service site or participating in the Service (including persons who receive forwarded Content from other Invibe subscribers).
You acknowledge that all information you provide when you create your account, including the information provided in your Facebook, Google account, is accurate and true and that you have the right to post Content on the Service and grant Invibe the above license.
You understand and agree that i have the rigiht to monitor and review any Content that you post on the Service. We have the right to remove, in whole or in part, any Content that, in our opinion, violates this Agreement or may damage the reputation of the Service.
When communicating with our customer service representatives, you agree to behave with respect and courtesy. If I believe that your behavior towards a member of our customer service or other employees is threatening, aggressive or abusive, I reserve the right to terminate your account immediately.
In connection with the fact that Invibe allows you to use the Service, you agree that I, our affiliates and independent partners have the right to advertise within the Service. By submitting suggestions or feedback regarding the Service to Invibe, you agree to Invibe's right to use and share that feedback for any purpose without compensation to you.
Invibe may receive, store and disclose information about your account and Content as required by law or to perform this agreement with you if Company believes in good faith that such access, storage or disclosure is lawful for the purpose of: (1 ) execution of a court order; (2) ensuring compliance with the requirements of the Agreement; (3) satisfy a claim that any Content infringes the rights of third parties; (4) responding to your contact with customer support; (5) protect the rights, property, or personal safety of Invibe or any other person.
9. Community Rules
- use the Service for any purpose prohibited by this Agreement;
- use the Service for the purpose of causing harm or with malicious intent;
- use the Service to harm Invibe;
- send spam, ask users for money or deceive them;
- impersonate any person or entity or post any image of another person without his or her permission;
- poison, harass, threaten, insult or humiliate anyone, as well as disseminate defamatory information;
- post Content that violates anyone's rights, including rights of publicity, privacy, copyright, trademarks, or other intellectual property rights or rights arising from a contract;
- post any Content that incites hatred or contains threats, as well as materials of a sexual or pornographic nature;
- post any Content that incites violence; contains images of a naked body, scenes of graphic or gratuitous violence;
- post any Content that promotes racism, intolerance, hatred of any person or group of persons, or contains physical threats;
- attempt to obtain other subscribers' passwords or personal information for any purpose for commercial or illegal purposes, or distribute personal information of others without his or her permission;
- use another user's account, transfer your account to another person, or create more than one account;
- create other accounts if I have already terminated your account, unless you have permission to do so.
Invibe reserves the right to check and/or block your account without refund for any purchases if you have violated this Agreement, misused the Service, or if Invibe considers your behavior to be inappropriate or illegal, including actions or messages within and outside the Service.
10. Content of other users
Although Invibe reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posted it. Invibe cannot guarantee that all Content complies with this Agreement. If you encounter Content posted within the Service that violates this Agreement, please report it using the Service or via the feedback form.
If you suspect that another user is violating the rules of the service, you can report it or contact support.
11. Purchases
General provisions
Invibe may, from time to time, offer paid products and services (“in-app purchases”) that may be purchased through the App Store, Google Play Store, or other payment platforms authorized by Invibe. In order to complete an in-app purchase, you will need to verify payment with the applicable payment provider and the chosen payment method (credit card or third-party payment service such as Google Play Store or App Store) (hereinafter referred to as "payment method"); this payment method will be used to charge the cost of the service selected in the application, including all necessary commissions and taxes. By confirming a payment, you are giving Invibe or the third party payment service consent to debit the applicable amount.
Auto-renewal and automatic payment by card
If you purchase an auto-renewing subscription through the app, the subscription fee will be periodically charged to your payment method until you cancel it. After your initial subscription expires, your subscription will continue to automatically renew at the price you agreed to when subscribing, until you cancel it prior to the renewal date. The payment details of the bank card are stored and subsequently used for automatic payment by card in accordance with the terms of the Agreement.
If you disagree with a payment that has already been charged, please direct your objection to customer support if the charge was made directly through Invibe or the relevant third party payment service such as the App Store or Google Play. You can also object to a payment by contacting your bank or payment service provider, who will inform you of your rights and the refund deadlines. You may at any time unilaterally revoke your consent to automatic card payment in the Settings of Invibe or the relevant third party payment service, however, you must pay all amounts due at that time.
Cancellation and modification of a subscription
To change or cancel your subscription, please sign in to your third party payment provider account (or Invibe Settings if applicable) and follow the instructions to cancel your subscription (even if you have deleted your account or Invibe app from your device). Deleting the Invibe account or the Invibe app from the device does not cancel or terminate the subscription; Invibe will continue to charge your selected payment method until the subscription is canceled in Invibe or your third party payment provider account. After canceling a subscription, you can continue to use it until the end of the already paid period, after this period the subscription is not renewed.
Additional terms
When sending payments directly to Invibe using the selected payment method. If you pay directly to Invibe, Invibe has the right to correct any errors in your payment information even after a payment request has been submitted or payment has been received. If you initiate a refund or otherwise reverse a payment made using your chosen payment method, Invibe may terminate your account immediately at its sole discretion.
You can change the payment method in Invibe in the "Settings" section. If a charge fails due to payment method expiration, lack of funds, or otherwise, and you do not change your payment method information or cancel your subscription, you are responsible for all outstanding payments and you give us permission to proceed with the charge after update information about the payment method. This situation may result in a change in the dates your payments are debited. In addition, you authorize us to obtain an extended expiration date and updated number for your credit or debit card from your card issuer. Payment terms depend on the Payment Method you choose and may be subject to agreements between you and the financial institution, credit card issuer, or other payment method provider you choose.
Refund
Generally, all purchase-related expenses are non-refundable. There are also no refunds or credits for early cancellation. I may make an exception if a refund for a subscription was requested within fourteen days of the transaction, or if such a refund is required by the laws of your country.
Users residing in the EU or the European Economic Area, subject to local law, are eligible for a full refund, without stating a reason, within 14 days of subscription commencement. Please note that the 14-day period starts from the moment the subscription starts.
To request a refund:
- If the purchase was made with an Apple ID, refunds will be made through Apple, not Invibe. To request a refund, open the App Store, tap your Apple ID, tap Purchase History, find the transaction you want, and tap Report a Problem. You can also submit a request at https://getsupport.apple.com.
- If the purchase was made through a Google Play Store account or through Invibe directly, please contact customer service with the Google Play Store order number (found in the order confirmation email and Google Pay Send) or Invibe (found in the email). confirmation letter). A purchase can also be canceled by regular mail by sending me a signed and dated cancellation notice. In this notification, in addition to the order number, please also indicate the email address or mobile phone number registered in the account.
- If you exercise your right to cancel (this does not apply to purchases made with an Apple ID, for which Apple is responsible), i will refund (or ask Google to refund) all payments received from you as soon as possible, but no later than 14 days from the date of receipt of your notice of termination of the Agreement. The refund will be made in the same way that the purchase was paid. Regardless of the cancellation method you choose, no refund fees will be charged.
- If the purchase was made through a payment platform not listed above, you must send a refund request to the provider through which the purchase was made.
Price policy
Invibe operates globally and our prices vary based on a number of factors. I often offer promotional rates that may vary by region, subscription length, package size purchased, and more. I also regularly test new features and payment methods.
12. Notice and Procedure for Making Claims of Copyright
If you choose to contact us about a suspected copyright infringement, be sure to include the following information:
- a description of the copyrighted work that you claim has been infringed;
- a description of the location of the infringing content on the Service (such a description must be sufficiently detailed so that we can find the infringing content);
- your contact details, including address, telephone number and e-mail address, as well as information about the identity of the copyright holder;
- a written statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement, made by you under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- an electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Invibe is committed to terminating the accounts of repeat offenders.
13. Denial of responsibility
Invibe provides the Service as it is and to the extent possible in accordance with applicable law and makes no express, implied, statutory or other warranties with respect to the Service (including all content), including any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or infringement. Invibe does not warrant that: (1) the service will be uninterrupted, secure or error-free; (2) defects or errors in the service will be corrected; (3) the content or information you receive through the service is accurate.
Invibe is not responsible for any content that you or another user or third party posts, sends or receives through the service. You access content uploaded or otherwise obtained through the services at your own risk.
14. Third-party company services
The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. Invibe is not responsible for the availability (or lack of availability) of such external sites or resources. If you choose to interact with third parties through the Service, your relationship with them is governed by the terms of such third parties. Invibe is not responsible for such conditions or actions of third parties.
15. Restriction of responsibility
To the extent permitted by applicable law, Invibe, its affiliates, employees, licensors or service providers shall not be liable for any indirect, consequential, contingent, incidental, special, punitive or serious damages, in particular direct or indirect loss of profits, or any loss of data, ability to use, loss of reputation or other intangible loss incurred as a result of: (1) your access to or use of, or inability to access or use the Service; (2) the actions or content of other subscribers or third parties on or in connection with the Service; (3) unauthorized access, use or modification of your content, even if Invibe was aware of the possibility of such damages. Invibe's total liability for all claims relating to the service cannot exceed the greater amount paid by you to Invibe.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
The European Commission's online dispute resolution platform is available at http://ec.europa.eu/odr. Invibe does not participate in consumer arbitration dispute resolution procedures for subscribers residing in the EU or the European Economic Area.
16. User Indemnity and Liability Guarantee
You agree (to the extent permitted by applicable law) to defend and hold harmless the Service, our affiliates, their and our officers, directors, agents and employees from any claims, demands and liabilities, and to indemnify for losses, costs and expenses, including attorneys' fees arising from or related in any way to your access to or use of the Service, your Content, or your violation of this Agreement.
17. Other terms and conditions
This Agreement, which includes the Privacy Policy, Cookie Policy, Security Guidelines, Community Guidelines and any terms disclosed and agreed to by you when you purchase additional features, products or services that we offer as part of the Service, constitutes the entire agreement between you and Invibe regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of further exercise or enforcement of such right or provision. You agree that your Invibe account is non-transferable and that all of your rights in and to your account and Content terminate upon your death. This Agreement does not create a joint venture, agency, partnership, employment, fiduciary or any other relationship. However, you may not make any representations or incur any obligations on Invibe's behalf.
18. Changes to This Terms and Conditions
I may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 02-09-2023
19. Contact us
If you have any questions or concerns regarding these Terms, you may contact us by email [email protected].