Terms of Service & EULA

Please read this carefully. These Terms include a binding individual arbitration agreement and a class-action waiver in Section 15. They limit our liability and disclaim warranties in Sections 12–13. By using our Services, you agree to all of this.

These Terms of Service and End-User License Agreement (together, the "Terms") form a binding contract between you and Vybin Labs LLC, a Maryland limited liability company located at 4028 Chesapeake Drive, Edgewater, MD 21037 ("Vybin," "we," "us," "our").

The Terms govern your access to and use of (a) our website at vybin.ai (the "Site") and (b) every mobile, desktop, console, web, or other software application we publish — including FlipPix and any future Vybin app (each, an "App") — together with related services, content, and documentation (collectively, the "Services").

By installing, accessing, or using any of the Services, you accept these Terms. If you do not accept them, do not use the Services.

1. Eligibility & accounts

You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction, whichever is higher) to use the Services. If you make any purchase or maintain a subscription, you must be at least 18 years old or have the consent of a parent or legal guardian who agrees to these Terms on your behalf.

If an App offers accounts, you are responsible for (a) providing accurate information, (b) keeping your credentials confidential, and (c) all activity that occurs under your account. Notify us immediately at security@vybin.ai if you suspect unauthorized access.

2. License grant

Subject to your continuous compliance with these Terms, Vybin grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the Services on devices you own or control, solely for your personal, non-commercial use. No rights are granted to you except those expressly stated in these Terms; all other rights are reserved.

This license does not constitute a sale of the Services or of any copy of them. The Services are licensed, not sold, to you.

3. Restrictions

You will not, and will not permit any third party to:

Copy, modify, adapt, translate, or create derivative works of the Services;
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services, except to the extent that this restriction is expressly prohibited by applicable law;
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Services available to any third party;
Remove, obscure, or alter any proprietary notice, label, or mark;
Use any robot, spider, scraper, or other automated means to access the Services, or otherwise extract data, content, or features at a scale or rate that imposes an unreasonable load on our infrastructure;
Use the Services, or any output of the Services, to train, fine-tune, evaluate, or otherwise develop any machine-learning or artificial-intelligence model, except with our prior written permission;
Use the Services to build, support, or operate any product or service that competes with the Services;
Probe, scan, or test the vulnerability of the Services without authorization, or breach any security or authentication measure;
Interfere with or disrupt the Services or any servers or networks connected to the Services;
Use the Services to send unsolicited communications, spam, phishing messages, malware, or other harmful content; or
Use the Services in any way that violates these Terms, our Acceptable Use policy, or any applicable law.

4. Your content & feedback

Your content

"Your Content" means any photos, text, files, captions, account information, settings, or other material you submit to or create within the Services. As between you and Vybin, you retain all ownership rights you have in Your Content.

You grant Vybin a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, copy, transmit, display, perform, reformat, and create derivative works of Your Content solely as necessary to operate, provide, secure, and improve the Services and to enforce these Terms. This license terminates when you delete Your Content from the Services, except for (a) anonymized or aggregated data, (b) copies retained in routine backups for a limited period, and (c) copies retained as required by law or to resolve disputes.

You represent and warrant that (i) you own or have all rights necessary to grant the foregoing license; (ii) Your Content does not infringe or violate the rights of any third party or any law; and (iii) Your Content does not contain content prohibited by Section 7.

We do not pre-screen Your Content, but we may review, refuse, edit, or remove Your Content at any time for any reason without notice, in our sole discretion.

Feedback

If you send us suggestions, ideas, bug reports, feature requests, or other feedback about the Services ("Feedback"), you grant Vybin a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, copy, modify, distribute, and otherwise exploit the Feedback for any purpose, without compensation or attribution to you. You waive any moral rights in the Feedback to the extent permitted by law.

5. Purchases & subscriptions

Some Services or features may be offered for a one-time fee or on a subscription basis. All purchases made through the Apple App Store or Google Play are processed by Apple or Google under their terms — we never see your payment card details. Prices and availability may change.

Auto-renewing subscriptions. Subscriptions renew automatically at the end of each billing period at the then-current price until you cancel. You can manage and cancel subscriptions in your App Store or Google Play account settings; cancellation takes effect at the end of the current billing period. Deleting an App does not cancel a subscription.

Refunds. All sales are final except where required by law or store policy. Refunds for App Store purchases are handled by Apple under its policies; refunds for Google Play purchases are handled by Google under its policies. Refunds for direct purchases (if any) are at our sole discretion.

6. Our intellectual property

The Services and all content, software, code, designs, graphics, illustrations, photographs, audio, video, text, layout, "look and feel," compilations, names, logos, trademarks, service marks, and trade dress (collectively, the "Vybin IP") are owned by Vybin or its licensors and are protected by United States and international intellectual-property and other laws.

"Vybin," "Vybin Labs," "FlipPix," the Vybin logo and dot mark, and all related marks are trademarks of Vybin Labs LLC. You may not use any Vybin trademark, name, or branding without our prior written permission. Any goodwill generated from your authorized use of our marks inures solely to Vybin.

Except for the limited license expressly granted in Section 2, nothing in these Terms transfers any right, title, or interest in the Vybin IP to you. We reserve all rights not expressly granted.

7. Acceptable use

You will not use the Services to:

Violate any law, regulation, or third-party right;
Infringe any intellectual property, privacy, publicity, or contractual right;
Post or transmit content that is unlawful, harassing, defamatory, obscene, hateful, violent, or sexually explicit; that depicts the abuse or sexualization of minors; or that incites violence;
Impersonate any person or entity or misrepresent your affiliation;
Collect or harvest information about other users without their consent;
Distribute viruses, worms, malware, or any other malicious code;
Bypass technical measures we use to limit access; or
Engage in any other conduct that, in our reasonable judgment, exposes Vybin or any third party to liability or harm.

8. Third-party services

The Services may contain links to, or integrations with, third-party websites, services, or content not owned or controlled by Vybin. We are not responsible for the content, policies, or practices of any third party. Your use of any third-party service is governed by that third party's terms.

9. Beta & pre-release features

We may make beta, preview, experimental, or pre-release features available ("Beta Features"). Beta Features are provided "AS IS" and "AS AVAILABLE," without any warranty, support, or service-level commitment, and may be modified, suspended, or discontinued at any time. Beta Features may contain bugs, errors, or other issues that could cause system failures or data loss. To the maximum extent permitted by law, Vybin's liability for Beta Features is zero.

10. Termination

You may stop using the Services at any time and may delete your account through the Services or by following the instructions on our Delete your account page.

We may suspend or terminate your access to all or part of the Services at any time, for any or no reason, with or without notice, in our sole discretion — including, without limitation, if we believe you have violated these Terms or applicable law, if continued provision is impracticable, or if required by law.

Upon termination, your license to use the Services ends and you must cease all use. Sections that by their nature should survive termination — including Section 6 (Our IP), 12 (Disclaimers), 13 (Liability), 14 (Indemnification), 15 (Disputes), 16 (Governing law), and 21 (Miscellaneous) — will survive.

11. Copyright & DMCA

Vybin respects intellectual-property rights and expects users to do the same. If you believe content in the Services infringes your copyright, see our DMCA & copyright page for our designated agent and the takedown and counter-notice procedures.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VYBIN AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, VYBIN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SERVICES OR ANY CONTENT WILL BE ACCURATE, RELIABLE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THAT DEFECTS WILL BE CORRECTED.

YOU USE THE SERVICES AT YOUR OWN RISK. ANY MATERIAL OR DATA OBTAINED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL VYBIN OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE; OR THE COST OF SUBSTITUTE SERVICES — EVEN IF VYBIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

VYBIN'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) FIFTY U.S. DOLLARS ($50.00) OR (B) THE AMOUNTS PAID BY YOU TO VYBIN FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The exclusions and limitations in this Section apply regardless of the legal theory (contract, tort, statute, or otherwise) and even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you; see the EU / UK consumer addendum.

Time limit. Any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim arose; otherwise, it is permanently barred.

14. Indemnification

You will indemnify, defend, and hold harmless Vybin and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) Your Content; (b) your use of the Services; (c) your violation of these Terms or any law; or (d) your violation of any third-party right. We may, at our option, assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with our defense.

15. Dispute resolution & arbitration

Please read this section carefully — it affects your legal rights. It requires you to resolve disputes with Vybin individually through binding arbitration, and waives your right to participate in a class action.

Informal resolution first

Before starting a formal proceeding, you agree to first contact us at legal@vybin.ai with a written description of the dispute and your contact information. We will try in good faith to resolve the dispute informally within 60 days. If we cannot resolve it, either party may proceed under the arbitration provisions below.

Binding individual arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") that is not resolved informally will be resolved by binding individual arbitration, except that either party may bring (a) an individual action in small-claims court for a Dispute within that court's jurisdiction, or (b) an action for injunctive or other equitable relief to protect intellectual-property rights.

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as modified by these Terms. The arbitrator will be a single neutral, selected under the AAA Rules. The arbitration will be conducted in the English language. If your claim is for $25,000 or less, the arbitration will be conducted by telephone, video conference, or written submissions only, unless the arbitrator orders otherwise. The arbitrator's decision will be binding, and judgment may be entered in any court of competent jurisdiction.

The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration agreement.

Class-action waiver

YOU AND VYBIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate or join more than one person's claims and may not preside over any form of representative or class proceeding. If a court decides this class-action waiver is unenforceable as to a particular claim or request for relief, that claim or request for relief — and only that one — may be brought in court; the remainder of the disputes will proceed in arbitration.

30-day opt-out

You have the right to opt out of this arbitration agreement and class-action waiver by sending written notice to legal@vybin.ai within 30 days of first accepting these Terms. The notice must include your full name, mailing address, and the statement: "I opt out of the Vybin arbitration agreement." Opting out will not affect any other part of these Terms.

16. Governing law & venue

These Terms, and any Dispute not subject to arbitration, are governed by the laws of the State of Maryland, without regard to its conflict-of-laws principles, and by applicable federal law of the United States. Subject to the arbitration provisions above, you and Vybin consent to the exclusive jurisdiction and venue of the state and federal courts located in Anne Arundel County, Maryland and the U.S. District Court for the District of Maryland, and you waive any objection based on lack of personal jurisdiction or inconvenient forum.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

17. Apple App Store terms

If you obtained an App from the Apple App Store, the following additional terms apply and control to the extent they conflict with anything else in these Terms:

These Terms are entered into between you and Vybin, not Apple. Apple is not responsible for the App or its content.
The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the Apple Media Services Terms and Conditions.
Apple has no obligation to furnish any maintenance or support services for the App.
If the App fails 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 has no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are Vybin's sole responsibility.
Apple is not responsible for addressing claims by you or any third party relating to the App, including product-liability claims, claims under consumer protection laws, or claims that the App fails to conform to any legal or regulatory requirement.
If a third party claims that the App infringes its intellectual-property rights, Vybin (not Apple) is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third-party beneficiaries.

18. Google Play terms

If you obtained an App from Google Play, you acknowledge that the Google Play Terms of Service also apply to your use of the App. These Terms are between you and Vybin only, and Google is not a party to these Terms and is not responsible for the App or its content.

19. Export controls & sanctions

You will comply with all U.S. and applicable non-U.S. export-control and sanctions laws. You represent and warrant that you are not located in, or a national or resident of, any country to which the United States has embargoed goods or services; and that you are not listed on the U.S. Treasury Department's List of Specially Designated Nationals, the U.S. Commerce Department's Denied Persons List or Entity List, or any other applicable restricted-party list.

20. Changes to the Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice (such as an in-App or email notice). Your continued use of the Services after changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the changes, your sole remedy is to stop using the Services.

21. Miscellaneous

Entire agreement. These Terms (together with our Privacy Policy and any policies referenced in them) constitute the entire agreement between you and Vybin regarding the Services and supersede any prior agreements.
Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign or transfer these Terms or any of your rights under them without our prior written consent. Vybin may freely assign these Terms in whole or in part. Any prohibited assignment is null and void.
No partnership. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
Notices. Notices to you may be sent by email to the address associated with your account or posted in the Services. Notices to Vybin must be sent to legal@vybin.ai, with a copy to Vybin Labs LLC, 4028 Chesapeake Drive, Edgewater, MD 21037, USA.
Force majeure. Vybin is not liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, governmental action, or acts of God.
Electronic communications. You consent to receive communications from us electronically. Electronic agreements and notices satisfy any legal requirement that they be in writing.
Headings. Section headings are for convenience only and have no legal effect.
Government users. The Services are "Commercial Items," consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as those terms are defined in 48 C.F.R. § 2.101 and 48 C.F.R. § 12.212. U.S. Government end users acquire the Services with only the rights set forth in these Terms.

22. EU / UK consumer addendum

If you are a consumer resident in the European Union, the European Economic Area, the United Kingdom, or Switzerland, the following applies and prevails over any conflicting provision in these Terms to the extent required by applicable consumer-protection law:

Statutory rights preserved. Nothing in these Terms limits or excludes your non-waivable statutory rights as a consumer, including your rights against the trader for non-conformity of digital content or digital services under the EU Digital Content Directive (2019/770) or the UK Consumer Rights Act 2015.
Right of withdrawal. When you purchase digital content, you have the right to withdraw from the contract within 14 days without giving any reason, unless performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. By starting to download or use a digital purchase before the 14-day period ends, you expressly request immediate performance and acknowledge that you lose your right of withdrawal once the download begins.
Liability. Nothing in these Terms limits or excludes Vybin's liability for (i) death or personal injury caused by negligence, (ii) fraud or fraudulent misrepresentation, or (iii) any other liability that cannot be excluded or limited under applicable law.
Governing law & forum. Notwithstanding Section 16, if you are a consumer in the EU, EEA, UK, or Switzerland, you also have the benefit of any mandatory provisions of the law of your country of residence, and you may bring proceedings against us in the courts of your country of residence.
Arbitration not required. The arbitration and class-action-waiver provisions in Section 15 do not apply to the extent prohibited by the law of your country of residence.
ODR platform. The European Commission provides an online dispute-resolution platform at ec.europa.eu/consumers/odr. We are not obligated and do not commit to participate in alternative dispute resolution before a consumer-arbitration body.
EU representative. [EU Article 27 / DSA Article 13 representative to be appointed if/when Vybin actively offers Services in the EU. Until then, contact us at legal@vybin.ai.]

23. FlipPix-specific addendum

The following terms apply to your use of FlipPix in addition to the rest of these Terms. If anything in this addendum conflicts with the rest of the Terms, this addendum controls for FlipPix.

The game

FlipPix is a mobile memory card game in which you can use your own photos as the matching pairs. A board of 24 cards is dealt as 12 matching pairs from photos you select or from FlipPix's built-in decks; tap to flip a card, match two cards to keep them revealed, and try to clear the board in as few turns as possible.

Permissions and on-device data

FlipPix asks for permission to access your photo library only when you choose to import photos into a deck. You may revoke this permission at any time in your device's system settings; without it, you can still play with the built-in decks. FlipPix does not request access to your camera, location, contacts, or microphone.

Your game data — including photos you import, game progress, settings, and best-turn scores — is stored only on your device. FlipPix does not upload any of this to Vybin's servers and does not sync it across your devices through Vybin (any such syncing happens only through device-level mechanisms outside our control, such as iCloud Photos).

Your photos

You retain all ownership and other rights you have in photos you import into FlipPix ("Your Photos").
You grant Vybin a limited, non-exclusive, royalty-free license to access, display, modify (e.g., resize, crop, layer onto card faces), and otherwise process Your Photos on your device solely to provide the FlipPix gameplay experience you have requested. This license is limited to local, on-device processing by the App itself and ends when you delete Your Photos from FlipPix or uninstall the App.
We do not use Your Photos to train any machine-learning or artificial-intelligence model.
We do not sell, share, or otherwise monetize Your Photos. Your Photos are not transmitted to Vybin or to any third party by FlipPix, and they remain private to your device unless you explicitly initiate a share through your device's share sheet.
You represent and warrant that you own Your Photos or have all rights necessary to use them in FlipPix, that Your Photos do not infringe any third-party rights, and that they do not contain content prohibited by Section 7 — including, without limitation, child sexual abuse material, non-consensual intimate imagery, or unlawful content.

No accounts

FlipPix does not require an account or sign-in. There is no Vybin-side profile, no Vybin cloud, and no shared content hosted by Vybin. The web-based account-deletion process in our Delete your account page is not needed for FlipPix because we hold no account or photo data for it on our servers; uninstalling the App removes all local FlipPix data from your device.

In-app purchases

FlipPix is free to download and play. It offers optional, non-essential in-app purchases for additional content and convenience features (for example, card themes, board variants, and other cosmetic or quality-of-life upgrades). Purchases are processed by Apple or Google under their respective terms; we do not handle your payment-card information. Unless explicitly described as a subscription at the point of sale, FlipPix in-app purchases are one-time, non-recurring, and non-refundable except as required by law or store policy. The general purchase terms in Section 5 also apply.

Requirements

FlipPix requires iOS 15.0 or later, or Android 8.0 (API level 26) or later. Features may vary by device.

Fair play

You will not use modified versions of FlipPix, automated tools, memory editors, save-file editors, or any other technique designed to bypass the rules of the game or manipulate scores. We may suspend or terminate access to FlipPix for any such abuse.

24. Contact

Vybin Labs LLC
4028 Chesapeake Drive
Edgewater, MD 21037
United States

Legal & arbitration notices: legal@vybin.ai
Privacy: privacy@vybin.ai
Security: security@vybin.ai
Copyright (DMCA): dmca@vybin.ai
General: hello@vybin.ai