Terms of Service

TERMS OF USE

Welcome to VibesMessenger! By using our mobile application (“VibesMessenger“), you agree to the following terms of service (the “Terms“). If you’ve previously used our desktop version or visited our site, these Terms are a brief iteration of the Services Agreement you’re familiar with.

1. About VibesMessenger

• Provider: VibesMessenger is managed by TMR Europe Korlátolt Felelősségű Társaság (registered office: Expo tér 5-7, 1101 Budapest, Hungary, company registration number: 01-09-408106, VAT number: 32128734-2-42).
• Acceptance: By installing and utilizing VibesMessenger, you confirm your agreement with these Terms.

2. Account Creation & Management

• Eligibility: You must be 18 or older to use VibesMessenger. In certain regions, the age requirement is 21. We do not allow registrations from those below 13 and those between 13 and 18 (or 12 in select areas).
• Account Ownership: When you create an account, it’s solely for your use. Do not share, gift, or transfer it to someone else. We own any usernames or IDs linked with the service and can reclaim them upon account termination.
• Security: Protect your account and password. If you believe there’s been unauthorized access, contact us immediately at help@vibesmessenger.com. All account activity is deemed as your own unless you notify us of any breach.
• Third Party Platforms: Logging in via third party platforms? Ensure you follow their terms as well. In the event of any conflict, their terms will prevail.

3. Your Content & Rights

• Ownership: You still own any content you submit to VibesMessenger.
• Our License to Use: By posting content, you grant us a global, non-exclusive license to use, modify, and distribute your content for enhancing and promoting our services, while respecting our Privacy Policy.
• Other Users: They can access and use your content, but only as VibesMessenger allows.
• Third Parties: We might share your content with partners to help improve our services.
• Your Content Responsibility: Ensure your content doesn’t violate any laws or rights and isn’t objectionable. This includes avoiding discriminatory, violent, or sexually explicit content.
• Post-Termination: If you stop using VibesMessenger, we may retain your content. If legally required, we might have to keep or disclose certain content.
• Backup: Maintain a backup of your content. We won’t keep one for you.

4. Content Restrictions & Usage

• Rights and Compliance: You should have the rights for any content you post. It shouldn’t infringe any laws or rights.
• Objectionable Content: Avoid content that discriminates, promotes violence, or is sexually explicit.
• Fair Usage: Use VibesMessenger honestly and as intended. Misuse, like rule circumvention, can result in account suspension or termination.

Content Oversight and DMCA Protocol:

Despite our initial stance, it’s important to acknowledge that it isn’t our primary responsibility to conduct preliminary checks or monitor user content on VibesMessenger. In instances where users may act in violation of local legislation, especially intellectual property rights or these service terms, we won’t be held accountable.

Our approach, where suitable, is to eliminate content from VibesMessenger that infringes on rights. We also reserve the right to suspend or terminate accounts that break local laws or infringe upon the intellectual rights of others. If you’re certain that your intellectual property rights have been compromised, aligning with the provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”), you can report it to us at help@vibesmessenger.com. Ensure that such claims are made either by the property’s rightful owner or their authorized representative. By making such a claim, you’re setting in motion a legal procedure, so ensure its validity.

Your claim should encapsulate:

1. A detailed overview of the intellectual property you believe has been infringed.
2. Location of the potential infringement on our platform.
3. Your assertion, in good faith, that the suspected use isn’t sanctioned by the rightful owner, their agent, or the law.
4. Your affirmation, under penalty of perjury, that your claim’s information is accurate and that you’re either the owner or an authorized agent.

Content from Third Parties & Reporting Mechanisms:

VibesMessenger doesn’t vouch for third-party content, its legality, precision, or reliability. By using our platform, you may encounter content that’s misleading, offensive, or even libelous. We advise caution and discernment when interacting with such content.

While we might occasionally review content for adherence to our guidelines and relevant laws, we aren’t obligated to. Should you come across content that you deem inappropriate or offensive, please activate the “Report content” feature by a prolonged tap or swipe left on the item, depending on your device. This will initiate an immediate removal, followed by a review by our team.

If you wish to block a particular user’s messages, simply locate them in your contacts, use the prolonged tap or swipe left feature, and select “Block user”. If you wish to reverse this, follow the same steps. Messages from blocked users prior to the action will remain visible.

We reserve an unequivocal right to take down any content within VibesMessenger as stipulated in these Terms of Service.

Our Intellectual Property Stance:

All proprietary rights linked to VibesMessenger, including any forthcoming updates, remain with us and our licensors. Without explicit consent, users aren’t permitted to utilize our proprietary rights, including trademarks or distinctive branding elements like “VibesMessenger”.

Your feedback is welcomed but isn’t obligatory. We’re free to implement such feedback as deemed fit, without any liabilities.

We grant users a restricted, personal, non-exclusive, non-transferable, and revocable privilege to utilize VibesMessenger, inclusive of any future updates. This grant is contingent on adherence to these Terms and any other directives provided by us.

Refrain from altering, selling, or decompiling VibesMessenger unless explicitly allowed by law or with our permission. Updates may be rolled out occasionally. However, their compatibility isn’t guaranteed across all devices.

VibesMessenger’s Interactions with User Devices:

To deliver our service efficiently, VibesMessenger may necessitate virtual access to the user’s device – this might include leveraging the device’s computational or storage capacities.

More insights into this interaction will be shared either within the app or during the installation process. For optimal service delivery, users must grant these permissions. Should you decline, service provision might be impaired.

All personal data accessed will be treated with the utmost care and aligned with the VibesMessenger Privacy Policy.

Assurances and Liability Limitations:

While we’re dedicated to offering VibesMessenger er with notable diligence and expertise, our assurances primarily conclude there. As far as prevailing laws allow, VibesMessenger and the associated app are extended to users on a “present condition” and “as available” foundation. Neither we nor our affiliated entities guarantee or pledge regarding:

• (i) VibesMessenger’s uninterrupted, safe, or fault-free operation or its immunity from malware;
• (ii) VibesMessenger’s compatibility with specific devices;
• (iii) VibesMessenger’s marketable caliber, suitability for certain uses, or non-violation of third-party intellectual rights.

By aligning with applicable statutes, you willingly forgo any inferred promises or warranties.

Should any issues arise from:

• (i) Your engagement with VibesMessenger;
• (ii) Any contravention of these Terms on your part,

you commit to safeguarding us and our partner entities against potential consequences, including legal claims, costs, and associated expenses.

Service Cessation Terms:

Your engagement with VibesMessenger persists unless concluded by either party. Termination of any third-party agreements associated with your VibesMessenger registration results in the simultaneous cessation of your VibesMessenger access.

The termination can be initiated by either party at any moment, for any reason, taking immediate effect upon formal notification to the counterpart. Furthermore, we hold the discretion to suspend or conclude your VibesMessenger access for reasons including but not limited to service maintenance, policy breaches, risk creation, inactivity over half a year, or as mandated by the law.

Upon VibesMessenger access conclusion, you acknowledge that:

• (a) All your rights under these Terms cease;
• (b) You will expeditiously end all interactions with VibesMessenger and purge any related copies.

Additional Provisions:

These Terms encapsulate the comprehensive understanding between you and us, overriding any former agreements or understandings. However, if you registered via a third party, their terms might also apply. The enduring nature of these Terms’ provisions is subject to lawful allowances.

We maintain the right to alter these Terms. Changes will be communicated, and if they’re not acceptable to you, your only recourse is to cease using VibesMessenger. Continuing use post-modification implies your acceptance.

For all legal documents associated with VibesMessenger, including these Terms, the English version reigns supreme. We disclaim any potential legal implications arising from translation discrepancies.

All relationships and disputes stemming from these Terms will adhere to the laws of Hungary. Should conflicts arise, they’ll be first addressed amicably. Failing that, the authorized jurisdiction becomes the courts of Budapest, Hungary.