Last updated: 8 September 2025
1. Who we are
These Terms of Use (“Terms”) govern your use of the website vibetracker.com (the “Site”), the Spiral Vibe Tracker mobile application (the “App”), and any products and services we offer through them (together, the “Services”).
VibeTracker B.V. (“VibeTracker”, “we”, “us”, “our”) is a company registered in the Netherlands.
- Registered address: Bergseweg 24, 4921 PS Made, Netherlands
- Chamber of Commerce (KVK): 91237742
- VAT ID: NL 865590837 B01
- Email: hello@vibetracker.com
If you buy a Product from us, your contract is with VibeTracker B.V.
2. Applicability and updates
By accessing or using the Services, you agree to these Terms and our Privacy Policy and Refund & Withdrawal Policy. We may update these Terms from time to time. If we make material changes, we will notify you by updating the date above and/or by other appropriate means. The updated Terms apply from publication. If you do not agree, you should stop using the Services.
3. Who may use our Services
You must be at least 16 years old to use the App or create an account. If you are under 18, consent of a parent or legal guardian may be required to enter into a purchase contract under applicable law. The Services are intended for consumers and business users; specific consumer rights apply only where you act as a consumer.
4. Accounts and security
You are responsible for the accuracy of information you provide and for keeping your login credentials confidential. You are responsible for all activities under your account. If you believe your account is compromised, contact us immediately.
5. Orders, pricing and payment
Placing an order constitutes an offer to buy Products. We will confirm receipt by email; the contract is formed when we expressly accept your order or dispatch the Products. Prices include or exclude taxes as stated at checkout. You authorize us and our payment providers to charge your selected payment method for the total amount shown at checkout (including shipping and applicable taxes/duties). Obvious pricing errors may be corrected and orders cancelled with a full refund.
6. Shipping, delivery and risk
We ship to the address you provide. Delivery times are estimates only. Risk of loss and title for Products transfers to you when you (or a person indicated by you, other than the carrier) take physical possession of the Products. If you select your own carrier (not offered by us), risk transfers when we hand over the goods to your carrier.
7. Pre‐orders
From time to time we may offer Products on pre‐order. Estimated availability dates are provided on the product page and may change. You can cancel a pre‐order at any time before dispatch for a full refund. Your statutory withdrawal rights apply after delivery.
8. Returns, withdrawals and refunds (consumers)
Your statutory right of withdrawal applies to distance purchases. You have 14 days from delivery to tell us you withdraw, and 14 days thereafter to send back the goods. See our Refund & Withdrawal Policy for how to exercise this right, exceptions permitted by law, and who pays return shipping. Nothing in these Terms limits your statutory rights.
9. Legal guarantee and conformity (consumers)
Products come with a legal guarantee of conformity under EU and Dutch law. If a Product is not as described or has a defect, you are entitled to repair or replacement (or, where appropriate, price reduction or refund). The expected lifespan of the Product and circumstances may affect your specific remedies under Dutch law.
10. App licence and updates
Subject to these Terms, we grant you a limited, non‐exclusive, non‐transferable, revocable licence to install and use the App on devices you own or control for your personal, non‐commercial use. App store terms (Apple App Store, Google Play) may also apply. We may provide automatic updates.
11. Acceptable use
You may not misuse the Services, interfere with their normal operation, or attempt to access them using a method other than the interfaces and instructions we provide. You may not reverse engineer, decompile or disassemble the App except where permitted by applicable law.
12. User content (reviews, feedback)
If you submit reviews, testimonials, comments, photos or similar content (“User Content”), you grant us a non‐exclusive, worldwide, royalty‐free licence to use, reproduce, display and distribute that User Content in connection with the Services and our marketing, in accordance with applicable law and your privacy choices. You remain responsible for your User Content and warrant you have the necessary rights to share it.
13. Intellectual property
All trademarks, logos, copyrights, and other intellectual property in the Services and their content are owned by or licensed to VibeTracker. Except as expressly permitted, you may not use any content from the Services without our prior written permission.
14. Third‐party services
The Services may contain links to third‐party websites or services. We are not responsible for third‐party content, terms or policies.
15. Health and wellness information
The App may provide insights to support awareness and wellbeing. It is not a medical device and does not provide medical advice. Do not use the Services as a substitute for professional medical advice, diagnosis or treatment. Consult a qualified healthcare professional with questions about a health condition.
16. Warranties and disclaimers
We provide the Services using reasonable skill and care. To the maximum extent permitted by law, the Services are provided “as is” and “as available”. We do not guarantee uninterrupted or error‐free operation. Nothing in these Terms excludes or limits statutory consumer rights.
17. Liability
We are liable for losses you suffer as a result of our breach of these Terms where such losses were reasonably foreseeable. We do not exclude liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded under applicable law. To the extent permitted by law, we are not liable for business losses.
18. Resolving disputes, governing law and venue
We aim to resolve complaints quickly. Please contact us at hello@vibetracker.com. If you are a consumer in the EU, you may also use recognised alternative dispute resolution (ADR) schemes in your country. These Terms and any non‐contractual obligations are governed by Dutch law. If you are a consumer, you may bring legal proceedings in the courts of your habitual residence or in the Netherlands.
19. Contact us
VibeTracker B.V.
Bergseweg 24, 4921 PS Made, Netherlands
Email: hello@vibetracker.com