Terms of Service

1. Acceptance of Terms

By accessing or using Vibe Otter ("Service"), operated by BC Innovation Labs ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Service.

We may modify these Terms at any time by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after any modification constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Description of Service

Vibe Otter is an AI-powered website building platform that enables users to create, customize, deploy, and host websites and web applications. The Service may include, without limitation:

• AI-assisted website and application generation and customization
• Website and application hosting and deployment
• Domain registration and management services
• Data storage, serverless compute, and related platform features
• Professional consultation services
• Referral and affiliate programs
• Any other features, tools, or services we make available

Third-Party Services

The Service relies on third-party providers for AI capabilities, payment processing, domain registration, email delivery, cloud infrastructure, and other functions. By using the Service, you acknowledge and agree that your data and interactions may be processed by these third-party providers in accordance with their respective terms and policies. We are not responsible or liable for any acts, omissions, outages, or policy changes of any third-party provider.

3. User Accounts

Account Creation

To access certain features of our Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Notify us immediately if you discover any unauthorized use of your account

Account Responsibility

You are solely responsible for all activities that occur under your account, whether or not authorized by you. We reserve the right to suspend or terminate accounts at our sole discretion, including for violation of these Terms, fraudulent activity, or any other reason.

4. Acceptable Use

You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Create content that violates any laws or infringes on the rights of others
• Upload malicious code or interfere with the Service's operation
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to send spam or unsolicited communications
• Resell or redistribute the Service without our express written permission
• Use the Service to create websites or applications that promote hate, violence, or discrimination
• Attempt to reverse engineer, decompile, or copy the Service's functionality
• Deploy code, functions, or content through the Service that violates any applicable law or third-party rights
• Exceed usage limits, abuse platform resources, or engage in activity that degrades the Service for other users
• Circumvent, disable, or interfere with usage limits, branding requirements, tier restrictions, or any technical measures that enforce plan-level access controls
• Create or maintain multiple free accounts to circumvent usage limits, or assist others in doing so
• Use automated tools, scripts, or bots to interact with the Service in a manner that inflates usage metrics, circumvents rate limits, or abuses AI chat features

We reserve the right to investigate and take appropriate action against anyone who violates these provisions, including removing content, suspending accounts, and pursuing legal remedies.

5. Content and Ownership

Your Content and Intellectual Property

You retain full ownership of all intellectual property in the content you create using our Service, including content generated with the assistance of AI tools provided through the platform. "Your Content" includes, without limitation, website designs, text, images, code, data, and any other materials you create, upload, or produce through the Service.

By using our Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, cache, display, transform, reproduce, and transmit your content as reasonably necessary to operate, maintain, and improve the Service. This license continues for the duration of your use of the Service and for a reasonable period thereafter to facilitate data retrieval and account wind-down.

Export

We may provide tools for exporting your content from the platform. The availability, format, and scope of export features are provided at our discretion and may change or be discontinued at any time without notice. We are not obligated to maintain any particular export capability. It is your sole responsibility to export and back up your content.

Templates

The Service may allow you to create templates from your content and share or license those templates to other users. Any template licensing arrangement between users is governed by separate agreements between those parties. We are not a party to, and assume no liability for, any template licensing arrangement between users.

Our Content

The Service, including its original content, features, functionality, underlying technology, and all associated intellectual property, is owned by BC Innovation Labs and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Feedback

Any feedback, suggestions, or improvements you provide about our Service may be used by us for any purpose without any obligation to compensate you, and you hereby assign to us all rights in such feedback.

6. Payment Terms

Subscription Tiers

The Service is offered in multiple subscription tiers (which may include, without limitation, Free, Side Hustle, Starter, Pro, and Enterprise tiers) with varying usage limits, features, and pricing as described on our pricing page. Tier names, features, usage limits, pricing, and the number and type of available tiers are subject to change at BC Innovation Labs' sole discretion at any time, with or without notice. By selecting a paid plan, you agree to pay the applicable fees on a recurring basis according to your selected billing cycle.

Usage quotas — including but not limited to AI chat interactions, form submissions, data storage, bandwidth, custom domains, and any other metered resource — are enforced per billing cycle and do not roll over to subsequent periods except at our sole discretion. Exceeding usage limits may result in service throttling, feature restriction, temporary suspension of affected features, or a requirement to upgrade to a higher tier. We reserve the right to create, merge, rename, restructure, or discontinue any plan tier at any time.

Free Tier

The Service may be offered with a free tier providing limited access to platform features. Access to the free tier is a revocable privilege and not an entitlement, right, or guarantee. No vested rights accrue from free-tier usage regardless of duration of use, amount of content created, or any other factor. BC Innovation Labs reserves the right to modify, restrict, suspend, or discontinue free-tier access — in whole or in part, for any individual user or all users — at any time, for any reason or no reason, with or without notice.

Free-tier accounts are subject to the following conditions, which may be modified at any time:

• Published sites must display Vibe Otter branding; removal of branding requires a paid subscription. Circumventing, hiding, or removing required branding is a violation of these Terms.
• Usage limits (including but not limited to AI chat interactions, form submissions, data storage, and bandwidth) are strictly enforced and may be changed without notice.
• Certain features, integrations, and platform capabilities may be unavailable or restricted on the free tier.
• Free-tier accounts that remain inactive for ninety (90) or more consecutive days may be suspended, archived, or permanently deleted — including all associated content, sites, and data — without notice or obligation to preserve any information.
• BC Innovation Labs may require conversion to a paid subscription as a condition of continued access to the Service or any feature thereof.
• BC Innovation Labs may impose additional restrictions on free-tier accounts at any time, including but not limited to rate limiting, feature gating, reduced processing priority, queue prioritization favoring paid accounts, and resource allocation limits.
• Free-tier content and data are not guaranteed to be preserved and may be deleted at any time following account inactivity, termination, or discontinuation of the free tier.

Grandfathered exemptions to any free-tier restriction (including branding requirements and usage limits) are provided at BC Innovation Labs' discretion, are non-transferable, and may be revoked at any time with or without notice.

Branding Requirements

Certain plan tiers require the display of Vibe Otter branding, badges, or attribution on published sites. Branding requirements are determined by your current plan tier and may change at any time. Removing, hiding, obscuring, or circumventing required branding through any means — including but not limited to CSS modifications, JavaScript manipulation, or third-party tools — constitutes a material violation of these Terms and may result in immediate account suspension or termination.

Feature Access by Tier

Feature availability varies by plan tier and is determined at BC Innovation Labs' sole discretion. No plan tier is guaranteed perpetual access to any specific feature, integration, or capability. Features may be added to, modified within, or removed from any tier at any time without notice. Custom domain availability, SSL certificate provisioning, DNS management, serverless compute access, data storage capacity, and all other platform capabilities are tier-dependent and subject to change.

Free Trials

We may offer free trial periods for certain subscription plans. Not all plans include free trials. The following terms apply to free trials:

• A valid payment method is required to start a free trial
• You will not be charged during the trial period
• If you do not cancel before the trial period ends, your subscription will automatically begin and you will be charged the applicable subscription fee
• You may cancel your trial at any time before it ends to avoid being charged
• Free trials are limited to one per user and may not be combined with other offers

Billing

• Subscription fees are billed in advance based on your selected billing cycle (monthly, yearly, or multi-year)
• All fees are in US dollars unless otherwise stated
• You authorize us to charge your payment method on a recurring basis according to your billing cycle
• It is your responsibility to keep your payment information current
• Usage quotas reset on a calendar basis; unused quota does not roll over except at our discretion

All Sales Final

All fees — including but not limited to subscription fees, domain registration fees, consultation fees, and any other charges — are final and non-refundable except where required by applicable law. No credits, refunds, or prorations will be issued for partial periods, downgrades, cancellations, or unused services.

Changes to Pricing

We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice before any price increases take effect on your active subscription. Price decreases, promotional pricing, and changes to free-tier terms may take effect immediately.

7. Referral and Affiliate Program

Program Availability

We may offer referral and affiliate programs that allow participants to earn credits, payouts, or other rewards for referring new paying customers to the Service. We may operate multiple program types with different enrollment methods, reward structures, and payout mechanisms. Participation in any program is subject to the terms described in this section and any additional program rules or agreements we publish or enter into with individual participants.

Eligibility and Qualification

Not all referrals qualify for rewards. Qualification criteria — including but not limited to required subscription tiers, payment history, holding periods, and minimum billing cycles — are determined at our sole discretion and may change at any time without notice. Self-referrals are prohibited. We may impose different qualification criteria for different program types or individual participants.

Rewards and Payouts

Reward and payout amounts, types, timing, and methods of issuance are determined at our sole discretion and may vary by program type, participant, or individual arrangement. Rewards may be issued as account credits, discounts, cash payments, or other forms at our discretion. We are under no obligation to process or issue any reward or payout within any specific timeframe. Rewards and payouts are non-transferable and may not be sold, assigned, or conveyed to any third party.

You are solely responsible for all tax obligations arising from your participation in the program, including but not limited to income taxes, self-employment taxes, and any required tax filings. We may report payments to tax authorities as required by law. You agree to provide any tax documentation we reasonably request, including but not limited to W-9 or W-8 forms.

Participant Conduct

You may not make any representations, warranties, promises, or guarantees about the Service on our behalf. You may not use our trademarks, logos, or branding except as we expressly authorize. You may not engage in misleading, deceptive, or spammy promotional practices. We may establish additional conduct guidelines at any time, and violation of any guideline constitutes grounds for immediate disqualification.

Data Visibility

As part of program participation, you may have access to limited information about users you refer, such as account status, subscription tier, and reward progress. You agree to use this information solely for the purpose of tracking your program participation and not for any other purpose. You may not disclose, sell, or misuse any information about referred users.

Relationship of Parties

Program participants are independent parties and not employees, agents, joint venturers, or partners of BC Innovation Labs. Nothing in these Terms or your participation in the program creates an employment, agency, or partnership relationship. You have no authority to bind us or make commitments on our behalf.

Clawback and Recovery

We reserve the right to withhold, reverse, or claw back any rewards or payouts in cases including but not limited to: fraud, manipulation, or abuse; violation of program rules or these Terms; chargebacks, refunds, or payment disputes by referred customers; cancellation of referred customer subscriptions; referred customer account termination; or any other circumstance where we determine, at our sole discretion, that a reward was improperly earned. Clawback rights survive account termination and program discontinuation.

Additional Program Terms

We may establish additional or different terms for specific program types or individual participants. Where additional terms apply, they supplement these Terms and, to the extent of any conflict, the additional terms control for the relevant program or participant. Enrollment in a program with additional terms constitutes acceptance of those terms.

Program Modification and Termination

We reserve the right to modify, suspend, or terminate any referral or affiliate program at any time, with or without notice. Pending, uncredited, or unpaid rewards are not guaranteed and may be forfeited upon program modification or termination. We may disqualify any participant at our sole discretion and for any reason. No compensation is owed for forfeited or modified rewards.

8. Platform Features and User Responsibility

Features Provided As-Is

The Service may include features such as data storage, serverless compute, file hosting, user authentication for published sites, calendar integrations, form submissions, e-commerce capabilities, domain registration, and other platform features. All such features are provided on an "as-is" basis with no guarantees of uptime, performance, availability, or data integrity. We reserve the right to impose, modify, or remove usage limits and features at any time without notice.

User Responsibility for Deployed Content

You are solely responsible for all code, data, content, and functionality you deploy through the platform. This includes, without limitation, any websites, applications, serverless functions, data collections, user authentication systems, and integrations you create or configure. You are responsible for ensuring your deployed content complies with all applicable laws, including data protection and privacy laws.

Site Visitors and End Users

If you enable user authentication, collect data, or otherwise interact with visitors on your published sites, you act as the data controller for those visitors. You are solely responsible for providing appropriate privacy notices, obtaining necessary consents, and complying with all applicable data protection laws with respect to your site visitors. We act solely as a data processor on your behalf and assume no liability for your data collection or processing practices.

Domain Services

Domain registration is facilitated through third-party registrars and is subject to their terms, availability, and pricing. Domain fees are non-refundable. Domain entitlements are determined by your subscription tier. Upon cancellation or termination of your account, domain services including DNS configuration and SSL certificates may be discontinued.

Tier-Based Resource Allocation

Platform resources — including but not limited to processing priority, server capacity, support response times, and feature availability — may be allocated based on plan tier. Paid accounts may receive priority over free-tier accounts for resource allocation, processing queues, and support. Form submissions exceeding tier limits may be silently dropped, queued, or rejected. Data storage and serverless compute are subject to tier-based quotas that may be enforced without prior warning.

9. Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. This includes changes to features, usage limits, APIs, platform capabilities, and any other aspect of the Service.

We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service or any part thereof.

We may migrate users between plan tiers — including merging discontinued tiers into successor tiers, restructuring tier features, or consolidating plans — with reasonable notice. Grandfathered pricing, promotional rates, or legacy feature access may be modified or revoked with thirty (30) days' notice.

Upon any voluntary or involuntary downgrade to a lower plan tier, features, capabilities, and resource allocations exceeding the new tier's limits may be immediately restricted or disabled without obligation to preserve prior access levels.

10. Disclaimers and Limitations

Service Provided "As Is"

The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or availability.

No Guarantees

We do not guarantee that the Service will meet your requirements, be uninterrupted, timely, secure, or error-free, that results obtained from the Service will be accurate or reliable, or that any defects will be corrected. AI-generated content may contain errors, inaccuracies, or inappropriate material, and you are solely responsible for reviewing and validating all output.

Limitation of Liability

To the maximum extent permitted by law, BC Innovation Labs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or similar code transmitted through the Service by any third party
• Any errors or omissions in any content, including AI-generated content
• Any actions or omissions of third-party service providers
• Any claims arising from your published sites, your site visitors, or your end users
• Loss of or damage to your data, content, or deployed websites

In no event shall our total aggregate liability exceed the amount paid by you to us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless BC Innovation Labs, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your violation of any rights of another party
• Your content, websites, or applications created using the Service
• Any claims by your site visitors, customers, end users, or any third party arising from your published sites or deployed applications
• Your data collection, processing, or privacy practices on your published sites
• Your participation in the referral and affiliate program

12. Termination

Termination by You

You may cancel your subscription or terminate your account at any time through your account settings or by contacting us. Cancellation does not entitle you to any refund of fees already paid.

Termination by Us

We may suspend or terminate your account, any site, or any service at our sole discretion, with or without cause, and with or without notice. Free-tier accounts may be terminated for any reason or no reason, at any time, without notice or liability. We may require migration to a paid plan as a condition of continued service for any account. We will not be liable to you or any third party for any such suspension or termination.

Effect of Termination

Upon termination, all licenses granted to you under these Terms cease immediately. We may delete your account, content, deployed sites, and all associated data at any time following termination, with no obligation to maintain, preserve, forward, or make available any content or data. It is your sole responsibility to export your data before termination; we are under no obligation to provide post-termination access to your account or content. No refunds will be issued for terminated accounts. Upon downgrade or tier change, features and content exceeding the new tier's limits may be immediately disabled, archived, or deleted. Provisions of these Terms that by their nature should survive termination — including without limitation Content and Ownership, All Sales Final, Referral and Affiliate Program (including clawback and recovery rights), Disclaimers and Limitations, Indemnification, and Miscellaneous — shall survive.

13. Miscellaneous

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions.

Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in King County, Washington. You agree to waive any right to a jury trial or to participate in a class action.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BC Innovation Labs regarding the use of the Service, and supersede all prior agreements, understandings, and communications.

Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14. Contact Information

If you have any questions about these Terms of Service, please contact us: