By downloading, installing, accessing, or using the VibeMe app, you agree to be bound by these Terms of Use. Please read them carefully. If you do not accept these Terms, do not use the App.
These Terms of Use ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", or "your") and VibeMe ("VibeMe", "we", "us", or "our") governing your access to and use of the VibeMe: Massage & Relaxation mobile application (the "App"), which is available through the Apple App Store for iOS devices.
By clicking "Get" or "Install" in the App Store, or by accessing or using the App in any way, you affirmatively accept and agree to be bound by these Terms and our Privacy Policy (available at https://vibeme.app/privacy.html), which is incorporated herein by reference.
If you do not agree to these Terms, you must not download, install, access, or use the App. Your use of the App is expressly conditioned upon your acceptance of these Terms.
VibeMe is a wellness and health & fitness application designed to provide controllable haptic vibration experiences for relaxation, stress relief, and muscle massage. The App utilizes your iPhone's built-in haptic engine (CoreHaptics API) to generate various vibration patterns.
The App provides the following features:
The App requires:
The App will not function properly on devices without haptic engine capabilities, including iPad, iPod Touch, and older iPhone models without Taptic Engine support.
The App is intended exclusively for wellness and personal relaxation purposes, including:
VibeMe is NOT a medical device and is not intended to diagnose, treat, cure, mitigate, or prevent any disease, medical condition, or health ailment. The App is designed solely for wellness and relaxation purposes.
The App is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read in these Terms or experienced with the App.
If you have any medical conditions, are pregnant, have a pacemaker or other implanted medical device, or have concerns about using vibration therapy, consult with a qualified healthcare professional before using the App.
You must be at least 17 years of age to download, install, and use this App. This age requirement is consistent with the App's rating in the Apple App Store.
By using the App, you represent and warrant that:
If you are under 18 years of age, you should obtain parental or guardian consent before using the App.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on one or more iOS devices that you own or control, solely for your personal, non-commercial use.
You agree that you will NOT, and will not permit others to:
All rights not expressly granted to you in these Terms are reserved by VibeMe and its licensors. The App is licensed, not sold, to you.
The App and all of its content, features, functionality, and user interface (including but not limited to all software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement) are owned by VibeMe, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
"VibeMe," the VibeMe logo, and all related names, logos, product and service names, designs, and slogans are trademarks of VibeMe or its affiliates or licensors. You may not use such marks without the prior written permission of VibeMe. All other names, logos, product and service names, designs, and slogans mentioned in the App are the trademarks of their respective owners.
If you believe that any content in the App infringes your copyright, please contact us at nathan.douziech@gmail.com with details of the alleged infringement.
You agree to use the App only for lawful purposes and in accordance with these Terms. You agree NOT to use the App:
You agree to use the App responsibly and safely. Specifically, you agree to:
Do NOT use the App if you have any of the following conditions without first consulting your doctor:
Prolonged use of the App may cause your device to warm up due to continuous operation of the haptic engine. This is normal, but if your device becomes uncomfortably hot:
The App is not intended for, and should never be used in, medical emergency situations. If you are experiencing a medical emergency, call emergency services immediately (911 in the United States).
Your privacy is critically important to us. The App is designed with a privacy-first approach and collects NO personal data from you. All settings and preferences are stored locally on your device and never transmitted to us or any third parties.
For complete details on our privacy practices, please review our Privacy Policy at https://vibeme.app/privacy.html.
The App is designed for iPhone devices running iOS 15 or later with haptic engine capabilities. The App may not function properly (or at all) on:
We are not responsible if the App does not function properly on your device due to hardware incompatibility, software issues, or unauthorized device modifications.
We may release updates, patches, or new versions of the App from time to time. These updates may include:
While we strive to maintain backward compatibility, some updates may require newer versions of iOS or may discontinue support for older devices. We are under no obligation to provide updates or maintain compatibility with all devices indefinitely.
If you experience technical issues with the App, please contact us at nathan.douziech@gmail.com. While we will make reasonable efforts to assist you, we cannot guarantee that all technical issues can be resolved.
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, VIBEME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
VIBEME DOES NOT WARRANT THAT:
VIBEME MAKES NO WARRANTIES REGARDING ANY HEALTH, WELLNESS, OR THERAPEUTIC BENEFITS FROM USING THE APP. ANY POTENTIAL BENEFITS ARE SUBJECTIVE AND MAY VARY SIGNIFICANTLY BETWEEN INDIVIDUALS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIBEME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:
RESULTING FROM:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VIBEME'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP EXCEED THE AMOUNT YOU PAID FOR THE APP (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless VibeMe and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
We reserve the right, at our sole discretion, to modify, update, or discontinue the App (or any features or functionality thereof) at any time, temporarily or permanently, with or without notice to you. This may include:
You agree that VibeMe shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App. We are under no obligation to continue making the App available or to provide any updates or support.
You may terminate your license to use the App at any time by uninstalling the App from all of your devices and ceasing all use of the App.
We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including but not limited to:
Upon termination of your license:
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the App ("Dispute"), you agree to first contact us at nathan.douziech@gmail.com and attempt to resolve the Dispute informally. We will make reasonable efforts to resolve the Dispute amicably.
If the Dispute cannot be resolved informally within thirty (30) days, you agree that the Dispute shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in California, or another mutually agreed upon location.
The arbitration will be conducted by a single arbitrator, and the arbitrator's decision will be final and binding. Each party shall bear its own costs and fees, unless otherwise awarded by the arbitrator.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.
These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
To the extent that arbitration does not apply, you agree that any legal action or proceeding arising out of or relating to these Terms or the App shall be brought exclusively in the federal or state courts located in California, and you consent to the personal jurisdiction of such courts.
If you are a consumer in the European Union or other jurisdiction with mandatory consumer protection laws, you may have certain rights that cannot be waived by these Terms. Nothing in these Terms affects your statutory rights as a consumer that cannot be waived or limited by contract.
We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. If we make material changes to these Terms, we will notify you by:
Material changes will become effective thirty (30) days after we first post notice of such changes, unless we indicate otherwise. Non-material changes will become effective immediately upon posting.
Your continued use of the App after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App and uninstall it from your devices.
If any provision of these Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, valid, and legal while preserving its intent, or if such modification is not possible, such provision shall be severed from these Terms. The unenforceability, invalidity, or illegality of any provision shall not affect the enforceability, validity, or legality of the remaining provisions, which shall remain in full force and effect.
No waiver by VibeMe of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by VibeMe to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, together with our Privacy Policy and any other legal notices or additional terms published by us in the App, constitute the entire agreement between you and VibeMe regarding the App and supersede any and all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and VibeMe.
You may not assign, transfer, or sublicense these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction. These Terms will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
If you downloaded the App from the Apple App Store, the following additional terms apply and take precedence in case of conflict with other terms:
These Terms are concluded between you and VibeMe only, and not with Apple Inc. ("Apple"). VibeMe, not Apple, is solely responsible for the App and its content.
The license granted to you is limited to a non-transferable license to use the App on any Apple-branded device that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
VibeMe is solely responsible for providing any maintenance and support services with respect to the App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
VibeMe is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
VibeMe, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, VibeMe, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
For questions, support requests, or complaints regarding the App, please contact VibeMe at nathan.douziech@gmail.com.
The App may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you are not located in any country to which the United States has embargoed goods or has otherwise applied sanctions. You agree to comply with all applicable export and re-export restrictions, laws, and regulations.
VibeMe shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
If you have any questions, concerns, or feedback about these Terms of Use, the App, or our services, please contact us at:
Email: nathan.douziech@gmail.com
Response Time: We strive to respond to all inquiries within 3-5 business days.
We're committed to providing you with a safe, private, and effective wellness experience. Your wellbeing and privacy are our highest priorities. We've designed VibeMe to be a trustworthy companion in your relaxation journey, with absolutely zero data collection and complete respect for your privacy.
By accepting these Terms, you're joining a community of users who value both their wellness and their digital privacy. We're honored to be part of your self-care routine.