Terms and conditions
1. Acceptance of terms
IMPORTANT -- READ CAREFULLY: BY CREATING AN ACCOUNT OR BY UTILIZING THE VIBRANTCREATOR SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Welcome to the Vibrantcreator service, website or mobile application (collectively, the "Service"). Your use of the Service is subject to these Terms of Service and Vibrantcreator’s Privacy Policy (collectively, the “Terms of Service” or “Agreement”). These Terms of Service are a legal agreement between You and Vibrantcreator AS (“Vibrantcreator”) for use of this service. "You" refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity. If You are accessing the Service on behalf of Your employer or team-members in an entity, you represent and warrant that You have the authority to agree to these Terms of Service on its behalf. If You do not agree with the terms of this Agreement, DO NOT USE THE SERVICE. Vibrantcreator reserves the right to update and change the Agreement from time to time without notice or acceptance by You. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, You signify Your irrevocable acceptance of this Agreement. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
2. Description of service
The Service includes, and is limited to, a service, website, or mobile application that allows You access to and use of a single Vibrantcreator Account. "Vibrantcreator" referred to herein means an online software team collaboration platform that combines business development board (also called framework of growth), task management, financial projection, impact assessment and team communication via chat and ideas and connection to Hubs, Incubators and Investors. The Service may contain information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service (collectively, “Content”). Subject to these Terms of Service, VIbrantcreator grants to You and each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Service. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Service is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
A "Vibrantcreator Account" or "Account" referred to herein means a service, website, or mobile application, provided by Vibrantcreator, where You may use Vibrantcreator to create, update, share, and publish information, data, text, messages or other materials ("User Content").
Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from Vibrantcreator, such as service announcements, administrative messages, etc., and that these communications are considered part of the Service and You will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by Vibrantcreator for use in accessing the Service. VIbrantcreator will provide the Service in accordance with this Agreement. Vibrantcreator may at its sole discretion modify the features of the Service from time to time without prior notice.
3. Registration
In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide Vibrantcreator with an electronic mail address and other information ("Registration Data"). You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Vibrantcreator of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. VIbrantcreator cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Vibrantcreator assumes no duty to verify such information as further detailed in the CONTENT OF THE SERVICE section of these Terms of Service. If You provide any information that is untrue, inaccurate, not current or incomplete, or Vibrantcreator has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vibrantcreator has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). By using the Service (and registering an Account on the Service), You represent and warrant that You are at least 13 years of age, and no one under the age of 13 may use the Service - except as set forth below under "Kids Under 13 and Vibrantcreator ". Vibrantcreator may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation.
4. Kids under 13 and Vibrantcreator as
Vibrantcreator is not directed to children, and we expect that any use by children will only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Vibrantcreator relies on parents and guardians to ensure that minors only use Vibrantcreator if they can understand their rights and responsibilities as laid out in these Terms of Service and in our Privacy Policy. In the event that you are a school, district or teacher and want your students, who are under the age of 13, to create Vibrantcreator accounts, you agree that you are responsible for complying with any law that governs children’s privacy rights, (such as Children's Online Privacy Protection Act ("COPPA") and, to the extent applicable, the Family Educational Rights and Privacy Act ("FERPA") if you are United States citizen). This means that you must notify the students' parents/guardians of the personally identifiable information that Vibrantcreator will collect, and that you will obtain parental/guardian consent before your students establish accounts or use Vibrantcreator. When obtaining such consent, you must provide parents/guardians with a copy of our Privacy Policy . You must keep all consents on file and provide them to us if we request them. (For more information on complying with COPPA, see the Federal Trade Commission's website. If you are located outside of the United States, we will rely upon you to obtain any required consent or approval from the parent or guardian of any student covered by similar laws, and, as a condition to your and your students' use of Vibrantcreator, you agree that you will be responsible for complying with such laws.)
5. Billing/payment terms
Vibrantcreator incorporates two forms of payment systems while using the Service. The first being one of three paid memberships where You shall pays fees (described below) to Vibrantcreator. The second being Pay-per-Use where You shall pay fees for the cloud storage only for what You use, only available to different memberships. Upon selection of a membership, You will provide Vibrantcreator with the necessary billing information ("Billing Data").
Credit cards are the only payment mechanism Vibrantcreator will accept for both the payment of Pay-per-Use and the yearly membership fee ("Membership Fee"). All currency references are in U.S. dollars. The Pay-per-Use fee will be charged at the end of each month after using the Service. The Membership subscriptions are paid as a yearly Membership Fee.
If you select membership, You must provide current, complete and accurate Billing Data. You must promptly update all Billing Data to keep Your Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date) and You must promptly notify S Vibrantcreator if Your Payment Method is changed (for example, for loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure or use of Your name or password. If You fail to provide any of the foregoing information, You agree that Vibrantcreator may continue charging You for any use of the Membership under your Billing Data unless You have terminated Your Membership as set forth herein.
After selecting the membership, You agree that the credit card You provide as part of the Billing Data will be automatically and immediately billed on the day You sign up. You agree that Vibrantcreator may charge to Your credit card the full Membership Fee amount due for Your Account. You agree to be charged monthly regarding Your Pay-per-Use amount for the duration of your membership. Vibrantcreator will contact You via electronic mail to alert You upon each charge. Vibrantcreator may change prices at any time without prior notice, but will endeavor to provide reasonable advance notice via the Vibrantcreator website and/or electronic mail. You agree that in the event Vibrantcreator is unable to collect the fees owed to Vibrantcreator for Your Account through Your Membership Fee or Pay-per-Use Fee, Vibrantcreator may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Vibrantcreator in connection with such collection activity, including collection fees, court costs and attorneys' fees. As long as Your Account remains active and in good standing, You will be charged the Membership Fee and Pay-per-Use Fee even if You never use the service. You may, however, cancel Your Paid Plan at any time (see "Termination, Breach, Suspension and Cancellation" and "Refund").
6. Termination, breach, suspension and cancellation
If your Pay-per-Use Fee is overdue, Vibrantcreator will disable your access to the features provided by membership. Vibrantcreator may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, Your Account will be disabled and You may not be granted access to Your Account or any files or other Content (including Your User Content) contained in Your Account, and Vibrantcreator may delete Your User Content, although residual copies of information may remain in our system for some time for back-up purposes. In the event of termination, Vibrantcreator may also withdraw and at its discretion reallocate the public web address of Your Account.
Sixty days prior to the expiration of Your membership, You will receive a notification that Your membership will expire on the anniversary of its purchase. After this expiration, there will be a Period where You can upload a new license key by renewing the Membership as long as the Service has not restarted. During that Period, You will see a red bar on the workspace interface indicating that Your Membership has expired and certain settings cannot be changed until an unexpired key is installed.
If You terminate Your Account, Your User Content and files contained in Your Account will be deleted after the given Data Archiving Grace Period, depending on your membership type.
7. Refund
Vibrantcreator provides means for Account and Membership cancellation on the Vibrantcreator website. If You cancel Your Account, Vibrantcreator will provide You with a full refund of the amount of months not used in your membership. For example, if You use 7 of 12 months of Your membership, You will be refunded the full amount for the remaining 5 months.
8. Proprietary / intellectual property rights
Vibrantcreator and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service. You will not remove, deface or obscure any of Vibrantcreator's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service.
Vibrantcreator is a Trademark of Vibrantcreator AS.
9. Injunctive relief
You acknowledge that any use of the Service contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to Vibrantcreator, its affiliates, suppliers and any other party authorized by Vibrantcreator to resell, distribute, or promote the Service ("Resellers"), and under such circumstances Vibrantcreator, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
12. Content of the service
Vibrantcreator takes no responsibility for any third-party Content or User Content (including, without limitation,any viruses or other disabling features), nor does Vibrantcreator have any obligation to monitor such third-party Content. Vibrantcreator reserves the right at all times to remove or refuse to distribute any Content on the Service, such as Content which violates these Terms of Service. Vibrantcreator also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Vibrantcreator , its users and the public. Vibrantcreator will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
If Vibrantcreator discloses such information to satisfy any applicable law, regulation, legal process or governmental request or to respond to user support requests, to the extent permitted by law, regulation or legal process, Vibrantcreator agrees to provide You with prompt notice of any such demand and reasonably cooperate with You in any effort to seek a protective order or otherwise to contest such required disclosure.
13. International use
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from any country in which You reside.
14. No resale of the service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Vibrantcreator.