Vibeswap Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Vibeswap mobile application and related services (collectively, the “Services”). By creating an account or using the Services, you agree to these Terms.

1) Eligibility (18+ only)

You must be at least 18 years old to use the Services. By using the Services, you confirm that you are 18 or older. We may ask you to confirm your age and may suspend or terminate your account if we believe you are under 18 or have provided inaccurate information.

2) Your account

You’re responsible for:

• keeping your login credentials secure,
• activity that happens under your account, and
• providing accurate information (including your age/date of birth).

We can suspend or terminate accounts that violate these Terms or create risk for users, rights-holders, or the platform.

3) What Vibeswap does

Vibeswap lets signed-in users view and share short-form video content about places and vibes, interact via reactions, likes, saves, comments, and check-ins, receive notifications, save venues to a personal library, add private notes to saved venues, purchase tickets to events, and (where available) join real-time live video/audio sessions ("Vibeswap Live").

Content is primarily designed to be viewed inside the app by signed-in users. However, posts, venue profiles, and user profiles may also be shared via a link (for example, via the in-app share feature), and anyone with that link may be able to view a preview of that content without signing in.

3A) Vibeswap Live (real-time audio/video)

Vibeswap Live lets users broadcast and/or watch real-time audio/video streams. By using Vibeswap Live, you consent to the capture, processing, transmission, and display of your audio/video and related data necessary to provide the live experience.

• Third-party infrastructure: Vibeswap Live uses third-party real-time communications infrastructure (currently LiveKit) to transmit live audio/video. Live audio/video and certain technical data (such as network and device information, session identifiers, and timestamps) may be processed by these providers to deliver the live stream.
• What you share is public within the Services: If you go live, your live audio/video may be seen and heard by other users who join that live session. Don’t go live if you don’t want your voice/image shared with others.
• Real-time means real-world: You’re responsible for what you broadcast and for obtaining any permissions needed to include other people, venues, music, or copyrighted materials.
• Moderation and safety: We may remove content, end live sessions, or restrict accounts to protect users and the platform.
• No guarantee of availability: Live experiences depend on device/network conditions and third-party services. We do not guarantee that Vibeswap Live will be uninterrupted or available at all times.

4) User content

“User Content” includes anything you upload or submit (videos, images, captions, comments, profile info, etc.). You retain ownership of your User Content, but you grant Vibeswap a license to use it as needed to operate the Services (see Section 5).

You promise that:

• you have the right to post the content you upload,
• your content doesn’t violate laws or anyone else’s rights, and
• your content follows these Terms.

5) License you give us

To operate the Services, you grant Vibeswap a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, distribute (within the Services), and create technical adaptations of your User Content (e.g., resizing, transcoding, thumbnail generation).

This license is only for running and improving the Services and ends when you delete your content, except to the extent:

• we must keep it for legal/compliance reasons,
• it has been shared with others who still have access, or
• it’s retained in backup systems for a limited time.

6) Copyright and music (important)

You may not upload content that infringes copyright, including music you don’t have the rights to use. Because users often capture real-world environments, you agree that you are responsible for any copyrighted materials in your uploads (including background music).

DMCA-style policy: We may remove content and terminate repeat infringers. If you believe content infringes your copyright, contact us at dmca@vibeswap.app (or legal@vibeswap.app) with:

• identification of the copyrighted work,
• the content’s location in the app (link/screenshot/ID),
• your contact details,
• a statement you have a good-faith belief the use is unauthorized, and
• a statement under penalty of perjury that your report is accurate and you are the owner/authorized agent.

6A) Uploading original music tracks

Vibeswap allows you to upload original music tracks ("Uploaded Music") to the platform. Your Uploaded Music may be attached to video posts and played by other users within the app. By uploading music, you represent and warrant that:

• You are the original creator or you own or control all rights, licences, and permissions necessary for the upload (including rights in underlying compositions, master recordings, samples, and any artwork).
• Your Uploaded Music does not infringe the copyright, neighbouring rights, trade marks, or any other rights of any third party.
• You are not subject to any exclusive recording or distribution agreement that would prevent you from granting us the licence below.
• The content complies with all applicable laws and our Community Rules (Section 7).

Licence you grant for Uploaded Music. By uploading music you grant Vibeswap a non-exclusive, worldwide, royalty-free, sublicensable licence to store, host, display, stream, and distribute your Uploaded Music within the Services (including in association with posts made by other users who attach your track to their videos). You retain full ownership of your music. This licence continues for as long as your track is present in the Services and ends when you delete it (subject to standard backup-retention periods and legal-hold obligations).

Responsibility. You are solely responsible for ensuring that your Uploaded Music does not infringe third-party rights. We reserve the right to remove Uploaded Music that we reasonably believe violates this section or our Terms, and to suspend or terminate accounts of repeat infringers, without prior notice.

No royalties or payment. Vibeswap does not pay royalties or any other compensation for Uploaded Music. The upload feature is provided solely as a tool to enhance your posts and profile within the app.

7) Community rules (no chaos gremlins)

You agree not to:

• harass, threaten, stalk, or bully anyone,
• upload sexual content involving minors (instant termination + reporting),
• upload pornographic content without clear consent/rights,
• promote violence, self-harm, hateful conduct, or illegal activity,
• impersonate others or misrepresent affiliations,
• share someone’s private information (doxxing) or encourage harassment,
• post non-consensual intimate imagery or sexual content without clear consent/rights,
• promote scams, fraud, or deceptive schemes,
• spam, scrape, reverse engineer, disrupt, or overload the Services,
• attempt to bypass privacy controls or access accounts you don’t own.

We can remove content or restrict accounts at our discretion to protect users and the platform.

7A) Misleading tags and venue signals

Vibeswap relies on accurate tags (such as vibes, venue tags, and venue signals like “Popular” or “Quiet”) to help users discover relevant content. Don’t deliberately apply misleading or inaccurate tags.

If we believe you’re misusing tags, we may take action (without notice), including:

• reducing distribution of content (for example, hiding it from discovery surfaces),
• removing or correcting tags,
• requesting that you retag or edit a post, and/or
• applying account-level limits for repeated misuse.

We may use user reports, internal review, and automated signals to identify misleading tagging.

7B) Venue notes

You can add personal notes to venues you save in your library. These notes are private to your account and are not shown to other users. You are responsible for the content of notes you store. Don't add notes that include other people's private information, or that you wouldn't want Vibeswap staff to see during a moderation review.

7C) Respect privacy and public places

Vibeswap is for sharing the vibe of public places. Don't use Vibeswap to share private home addresses, private events, or any information that could put someone at risk. If you post content that looks like a private residence or personal address, we may remove it and restrict your account.

7D) Venue safety signals

Vibeswap displays venue safety signals (such as "Safe" or "Unsafe" badges) based on community-sourced reports and user submissions. These signals reflect user experiences at a point in time and are not a guarantee of actual safety. They may be incomplete, subjective, or outdated.

Don't submit false or deliberately misleading safety reports. Misuse of safety signals (including repeated false reports) may result in account-level action.

8) Safety and real-world responsibility

Vibeswap reflects user experiences and reports which may be incomplete, subjective, or outdated. This includes venue information sourced from third-party providers (such as Google Places) as well as community-sourced signals such as vibe tags, check-ins, and safety badges. You are responsible for your real-world decisions. Don't rely on the Services as a guarantee of safety, venue conditions, or availability.

8A) Not an emergency service

Vibeswap is not an emergency service. If you feel unsafe or need urgent help, contact local emergency services.

8B) Ticketing and payments

For ticket buyers

When you purchase a ticket through Vibeswap, you are entering into a contract with the event organiser (the venue), not Vibeswap. Vibeswap acts as a facilitator only. Payments are processed securely by Stripe — Vibeswap does not store your card details.

• Refunds and cancellations: Refund and cancellation policies are set by the individual event organiser. Contact the venue directly for refund requests. Vibeswap is not responsible for refunds except where required by applicable consumer law.
• Ticket delivery: Your ticket is confirmed when payment is complete and will appear in the Vibeswap app. If you do not receive your ticket within a reasonable time, contact support@vibeswap.app.
• Fraud and chargebacks: Do not attempt to obtain tickets fraudulently or dispute legitimate charges. Accounts found doing so may be suspended.

For venue organisers

To sell tickets through Vibeswap, you must connect a Stripe account ("Stripe Connect"). By doing so, you agree to Stripe's Connected Account Agreement in addition to these Terms.

• Platform fee: Vibeswap charges a 5% platform fee on each paid ticket sold through the platform, deducted automatically at checkout. Stripe's standard processing fee (~1.5% + 25p for UK cards) is also deducted. Your net payout is the ticket price minus these fees. Fees may change with reasonable notice.
• Free tier: The Vibeswap platform fee is waived for a venue's first three paid events that generate ticket sales. This is applied automatically — you do not need to do anything. After the first three paid events, the standard 5% fee applies.
• Free events: No platform fee applies to free events (£0 tickets).
• Payouts: Stripe pays out your revenue (minus fees) to your connected bank account on Stripe's standard payout schedule. Vibeswap is not responsible for Stripe payout delays or errors.
• Accurate event information: You are responsible for ensuring your event details (name, date, price, capacity) are accurate. Do not sell tickets to events that are cancelled or will not take place.
• Event cancellations: If you cancel an event, you are responsible for issuing refunds to all ticket buyers. Failure to do so may result in Stripe disputes/chargebacks and suspension of your Vibeswap account.
• Tax: You are responsible for any tax obligations arising from your ticket sales. Vibeswap does not provide tax advice.

9) Third-party services

The Services may rely on third-party providers for hosting, analytics, notifications, storage, real-time communications, venue data, and payment processing. For example, we use Firebase for hosting/authentication/database/storage/notifications, LiveKit for real-time audio/video infrastructure for Vibeswap Live, Google Places for venue information (such as addresses, opening hours, and phone numbers) displayed in the app, and Stripe for payment processing and venue payouts. Your use may also be subject to those providers' applicable terms and policies.

9A) App stores and platform terms

If you download the app from Apple’s App Store or Google Play, those platforms may also have terms that apply to your download and use of the app. The Services are provided by Vibeswap Ltd — not Apple or Google. To the maximum extent permitted by law, Apple and Google have no responsibility to you for the Services or for any claims you may have relating to the Services.

10) Disclaimers

11) Limitation of liability

To the maximum extent permitted by law, Vibeswap will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, goodwill, or business interruption.

Our total liability for any claim relating to the Services will not exceed the greater of £100 and the total amount you paid to Vibeswap (including platform fees on ticket purchases) in the 12 months before the event giving rise to the claim (or the minimum amount required by law if that limit is not enforceable). For clarity, amounts paid directly to venue organisers for ticket purchases are not amounts "paid to Vibeswap" for the purposes of this cap.

Nothing in these Terms limits liability that cannot be limited under applicable law (for example, fraud or death/personal injury caused by negligence, if applicable).

12) Indemnity

You agree to defend and indemnify Vibeswap from claims arising out of:

• your use of the Services,
• your User Content,
• your violation of these Terms, or
• your violation of any law or third-party rights (including copyright).

13) Termination

You can stop using the Services at any time. We may suspend or terminate your account if you violate these Terms, create risk, or if required by law.

13A) Deleting your account and content

You can delete your account and content using the in-app controls (where available). When you delete content, it will no longer be visible in the Services, but it may remain available for a limited time in backups or where it has been shared with others who still have access. We may retain certain records where required for legal, safety, or compliance reasons.

14) Changes to these Terms

We may update these Terms from time to time. If changes are material, we’ll provide notice in-app or by other reasonable means. Continued use means you accept the updated Terms.

14A) Paid features

Vibeswap currently offers ticket purchasing for events through the platform (see Section 8B). Additional paid features (for example, optional upgrades or venue subscriptions) may be introduced in the future. If we introduce new paid features, we’ll clearly show the price and any additional terms in-app before you are charged.

15) Governing law

These Terms are governed by the laws of England and Wales. If you are a consumer, you may also have the right to bring claims in the courts of your country of residence where mandatory consumer law applies. Otherwise, the courts of England and Wales will have jurisdiction.

15A) General legal terms

• Entire agreement: These Terms are the entire agreement between you and Vibeswap about the Services.
• Severability: If any part of these Terms is found invalid, the rest will remain in effect.
• No waiver: If we don’t enforce a provision once, we may still enforce it later.
• Assignment: You may not transfer your rights under these Terms without our consent. We may transfer our rights and obligations (for example, as part of a merger, acquisition, or asset transfer).

16) Contact

General / hello: hello@vibeswap.app
Support: support@vibeswap.app
Privacy: privacy@vibeswap.app
Legal notices: legal@vibeswap.app
Copyright (DMCA-style notices): dmca@vibeswap.app
Security reports: security@vibeswap.app