Terms of Service
Last updated: 2025/03/01
Vibes by AI (vibesbyai.com) is a multimedia service powered by Signowls FlexCo (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) apply exclusively to our multimedia agency services (the “Services”), including AI-powered custom music and video production and related offerings.
By accessing or using our Services, you (“Client,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our Services.
- Scope of Services
1.1 AI-Powered Music and Video Production
Our Services allow you to commission custom music and videos generated (fully or in part) by artificial intelligence and/or other creative production methods. The content and style of each production may vary, and all final productions are delivered in digital format unless explicitly agreed otherwise.
1.2 Eligibility
Our services are intended for businesses. You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that you meet this age requirement and have the legal capacity to form a binding contract in your jurisdiction.
1.3 Territorial Use
We are headquartered in Austria and operate under Austrian and EU laws. We welcome global clients and strive to make our Services accessible worldwide. If you choose to access or use our Services from outside Austria or the EU, you do so on your own initiative and are responsible for complying with any applicable local laws.
- Orders and Payment
2.1 Order Placement
You may place an order for a custom AI-generated music or video production through our website or by contacting us directly. All orders are subject to acceptance and availability. We reserve the right to refuse any order at our discretion.
2.2 Pricing
Our invoices are typically issued in euros (€), though prices may also be displayed in other currencies for reference. If you are an EU-based business and provide a valid VAT ID, we will apply the reverse charge mechanism, and no VAT will be charged. If no valid VAT ID is provided, the applicable VAT rate (20%) will be added. Clients outside the EU may be exempt from VAT, but are responsible for any import duties, sales taxes, or other local charges in their respective jurisdictions.
2.3 Payment Terms
Payment is typically required in advance or in accordance with an agreed milestone schedule. We may accept various forms of payment (e.g., credit card, bank transfer, PayPal). You agree to provide accurate and current billing information and to promptly pay all charges due.
2.4 Invoicing and Taxes
Invoices will be provided electronically, unless otherwise requested. You are responsible for any local taxes, duties, or additional fees applicable in your jurisdiction.
- Project Timeline and Delivery
3.1 Production Timeline
The timeline for delivering your custom music and video production depends on project complexity, revisions, and communication responsiveness. We strive to meet the agreed-upon deadlines, but delays may occur due to technical issues, creative complexities, or other unforeseen circumstances.
3.2 Revisions
Revisions are not included in the standard service. Any modifications requested after delivery will incur an additional fee. However, we may, at our sole discretion, choose to offer revisions free of charge.
3.3 Delivery Method
Delivery is typically provided in digital format (e.g., download link or cloud-based transfer). Physical delivery, if requested, may incur additional fees.
- Client Content and Intellectual Property
4.1 Client-Provided Materials
You may provide text, images, audio clips, instructions, or other materials (collectively “Client Content”) for use in the creation of your custom music or video. You represent and warrant that you own or have sufficient rights to the Client Content and that using it will not violate any third-party rights or applicable law.
4.2 Grant of License
By submitting Client Content, you grant us a non-exclusive, worldwide license to use, reproduce, adapt, and modify the Client Content for the sole purpose of providing our Services and delivering the final production.
4.3 Ownership of Final Production
Upon your full payment, ownership of the final production will be transferred to you, subject to any pre-existing third-party rights and any additional usage limitations noted in your order.
- AI-generated music: You receive full ownership and exclusive usage rights upon full payment.
- Fully AI-generated videos: You receive full ownership and exclusive usage rights upon full payment.
- Videos containing stock material: You receive full ownership but only non-exclusive usage rights, as stock content may be used in other projects.
We may reach out to request permission to feature your production in our portfolio or promotional materials. However, if the material is publicly available, we reserve the right to acknowledge our involvement in its creation.
4.4 Company-Owned Assets
All technology, AI models, source code, algorithms, templates, or other proprietary materials used by us in delivering the Services (“Company IP”) remain solely owned by us. You receive no rights, title, or interest in the Company IP, except for the limited license to enjoy the final video product.
- AI-Generated Content Disclaimer
5.1 Nature of AI
Our Services leverage artificial intelligence technologies, which may produce unexpected or imperfect results. While we strive for creative and polished outcomes, AI-generated elements may occasionally contain artifacts or inaccuracies.
5.2 Quality and Style
We will make a good-faith effort to achieve the artistic style, theme, or quality level you request. However, AI-generated content may contain unpredictable variations, artifacts, or stylistic differences, and we cannot guarantee that the final result will meet every expectation. Minor inconsistencies or subjective artistic interpretations do not constitute grounds for a refund or free revision.
5.3 No Unlawful Content
Our AI-based systems are programmed to avoid unlawful, hateful, or discriminatory content. However, we are not liable if unintentional or unexpected material is generated due to the complexity of AI. We reserve the right to refuse or cancel any project that violates our internal content guidelines or applicable law.
- User Conduct
6.1 Prohibited Uses
You agree not to use the Services:
- For any unlawful or fraudulent purpose, or in a way that violates any applicable Austrian, EU, or international law.
- To submit Client Content that is offensive, defamatory, abusive, harassing, obscene, or otherwise objectionable.
- In a manner that infringes upon any intellectual property, privacy, or other rights of any third party.
6.2 Violation
We reserve the right to suspend or terminate your access to the Services if we suspect or determine that your use of the Services violates these Terms or any applicable law.
- Data Protection and Privacy
7.1 Compliance with GDPR
We comply with the EU General Data Protection Regulation (GDPR) and other applicable data protection laws in Austria. Our Privacy Policy describes how we collect, use, store, and protect your personal data. By using our Services, you agree to the practices described therein.
7.2 Client Responsibility
If you provide personal data of third parties, you are responsible for obtaining all necessary consents or legal grounds for processing such data.
- Limitation of Liability
8.1 No Warranty
Our Services are provided “as is” and “as available,” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
8.2 Limitation
To the fullest extent permitted by law, we shall not be liable for direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, or data, arising out of or in connection with your use of the Services.
8.3 Maximum Liability
In any event, our total liability for any claims arising from or related to the Services shall not exceed the total amount paid by you for the specific project from which the claim arises.
8.4 Mandatory Consumer Protections
Nothing in these Terms excludes or limits liability that cannot be excluded under Austrian consumer protection laws or other applicable legislation.
- Indemnification
You agree to indemnify, defend, and hold harmless Signowls FlexCo, its affiliates, directors, officers, employees, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
- Your breach of these Terms.
- Your violation of any law or the rights of a third party.
- Your provision of Client Content or any use of the final music or video that infringes on third-party intellectual property or privacy rights.
- Termination
We may terminate or suspend your access to the Services immediately, without prior notice, if you breach these Terms. Upon termination, your right to use the Services will cease immediately, but any licenses already granted under these Terms (e.g., for your use of the final video) will remain in effect, subject to your continued compliance with these Terms.
- Governing Law and Dispute Resolution
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law provisions.
11.2 Jurisdiction
Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of Landesgericht Linz, unless otherwise required by mandatory consumer protection regulations.
11.3 Alternative Dispute Resolution (ADR)
Pursuant to EU consumer laws, you may be entitled to seek resolution through an Austrian or EU-certified ADR entity before filing a claim in court. More information is available on the European Online Dispute Resolution (ODR) platform.
- Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms if the failure or delay is due to causes beyond our reasonable control, such as natural disasters, government acts, accidents, labor disputes, or power failures.
- Changes to Terms
We reserve the right to modify or update these Terms at any time. We will provide notice of significant changes by posting a new version on our website with the “Last Updated” date. Your continued use of the Services after such posting constitutes acceptance of the modified Terms.
- Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Entire Agreement
These Terms, together with any additional agreements referenced herein (e.g., Privacy Policy, order confirmations), constitute the entire agreement between you and Signowls FlexCo regarding the Services and supersede all prior or contemporaneous agreements, understandings, or communications.
- Contact Information
If you have any questions regarding these Terms, please contact us at:
Signowls FlexCo
Altenberger Straße 69
4040 Linz
office@signowls.com