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 Inc. (“VibeTracker”, “we”, “us”, “our”).
Principal place of business
Registered address: Bergseweg 24, 4921 PS Made, Netherlands
Chamber of Commerce (KVK): 91237742
VAT ID: NL 865590837 B01
Email: hello@vibetracker.com
Contact: hello@vibetracker.com
If you buy a Product from us, your contract is with VibeTracker Inc.
2. Applicability and updates
By accessing or using the Services, you agree to these Terms and our Privacy Policy and Refund 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 13 years old to use the App or create an account. If you are under 18, you may need consent of a parent or legal guardian to enter into a purchase contract under applicable law. The Services are intended for consumers and business users.
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 exclude or include 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 transfer to you upon delivery to the 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 rights apply after delivery.
8. Returns and refunds
Our Refund Policy explains how you can request a return or refund. We may deny a refund if the Product shows signs of use or damage not due to our error. Nothing in these Terms limits rights provided by applicable consumer law.
9. Limited warranty
Products may include a limited warranty as specified in the documentation. Except as expressly stated, the Services are provided “as is” without warranties of any kind.
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 disclaim all implied warranties, including merchantability and fitness for a particular purpose, except where prohibited by law.
17. Limitation of liability
To the maximum extent permitted by law:
- We are not liable for any indirect, incidental, special, consequential or punitive damages.
- Our total liability for any claims relating to the Services shall not exceed the amount you paid us for the Product or Service giving rise to the claim. 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.
18. Dispute resolution and arbitration
Any dispute or claim arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its rules. You and VibeTracker waive the right to bring claims as part of a class action or class arbitration. Disputes will be resolved only on an individual basis.
19. Governing law
These Terms and any disputes arising under them are governed by the laws of the State of Delaware (or California), without regard to conflict of laws principles.
20. Contact us
VibeTracker Inc.
Registered address: Bergseweg 24, 4921 PS Made, Netherlands
Chamber of Commerce (KVK): 91237742
VAT ID: NL 865590837 B01
Email: hello@vibetracker.com