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, and create and follow multi-stop "vibe trails".

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) Direct chat (private messaging)

Vibeswap includes a private direct messaging feature ("Direct Chat") that lets signed-in users send messages to each other.

• Who can see messages: Direct Chat messages are private between the two participants. Vibeswap staff may access messages only where necessary for safety, legal, or compliance purposes (for example, investigating a reported message).
• What you can send: Direct Chat supports text messages, reactions, short video/photo stories, venue shares, song shares, and polaroid images. The same Community Rules in Section 7 apply to direct messages — do not send harassing, abusive, illegal, or unsolicited content.
• Message storage: Messages are stored on our servers to deliver the conversation experience. They are not end-to-end encrypted. See the Privacy Policy for details of how message data is retained and deleted.
• Blocking: You can block another user to prevent them from messaging you. Blocking is mutual — blocked users cannot view each other's profiles or send messages in either direction. You can unblock at any time.
• Deletion: Deleting a message removes it from your view. Deleting your account permanently removes your messages and the conversations they belong to, including from the other person's inbox; see Section 13A for full account deletion details.

3B) AI-powered features (Pinkie)

Vibeswap includes AI-powered features collectively referred to as Pinkie. Pinkie uses large language models (currently provided by OpenAI) to help you search for venues, plan nights out with friends, and receive personalised venue and user insights.

By using Pinkie features, you understand and agree that:

• AI content is not guaranteed accurate. Pinkie's responses — including venue suggestions, plans, and insights — are generated automatically by a large language model. They may be inaccurate, incomplete, or unsuitable for your specific situation. Do not rely on Pinkie's output for safety, medical, legal, financial, or other important decisions.
• Your messages are processed by OpenAI. Queries and messages you send to Pinkie (including in group planning sessions) are sent to OpenAI's API to generate responses. See our Privacy Policy (Section 2E) for full details of what data we share and how it is processed.
• Image analysis. When you capture a video, we may send one or more still frames to OpenAI to suggest vibe tags automatically and to screen for unsafe or prohibited content before posting. See the Privacy Policy (Section 2E) for details.
• Group planning sessions. If you join a group planning session where Pinkie is enabled by the host, messages you send in that session may be processed by Pinkie (and therefore by OpenAI). By participating in a Pinkie-enabled session, you consent to this processing.
• No professional advice. Pinkie is a discovery and planning tool only. It does not provide professional, legal, medical, financial, or safety advice. Always exercise your own judgement.
• No editorial endorsement. AI-generated venue recommendations and insights are produced automatically and do not represent Vibeswap's editorial view or endorsement of any venue, event, or experience.
• Acceptable use. You agree not to attempt to manipulate, jailbreak, or misuse Pinkie — including attempts to extract harmful content, bypass content guidelines, or use Pinkie to harass or deceive other users.
• Feature availability. Pinkie features are provided on an "as available" basis and may change, be limited, or be withdrawn at any time.

3C) Community Pinboard

The Community Pinboard is a digital noticeboard of local event flyers submitted by users. Every flyer is reviewed by us before it can appear, and — if approved — it is shown to other users in the area and is automatically removed after the event (or after a set period).

• You must own or have the rights: By submitting a flyer you represent and warrant that you created it or have permission to share it, and that the image and everything in it does not infringe anyone's copyright, trademark, image/personality, privacy, or other rights. Do not upload flyers containing celebrity photos, third-party artwork, logos, or other material you don't have the rights to use.
• Real, accurate and lawful: Flyers must relate to a genuine event and must not be misleading, offensive, illegal, or unsolicited/spam advertising. Any contact details or links you choose to include are shared at your discretion and are public to other users.
• Moderation and removal: We review every submission and may reject or remove any flyer at any time, for any reason, including in response to a complaint (see the copyright/takedown process in Section 6). Approval is not an endorsement and does not transfer responsibility for a flyer's content to us — you remain responsible for what you submit.
• Attribution: If you choose the option to link a flyer to your profile, your username and profile photo will be shown on the flyer and other users can tap through to your profile. This is optional and off by default.
• Free grassroots use: Listing a flyer is free. We may decline commercial or chain advertising.

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.

5A) Venues asking to use your clip

A venue you have tagged may ask to use one of your clips on their own channels — their Instagram, TikTok, website or other marketing. You will see the request in your notifications, with the clip attached, and you decide.

Nothing happens unless you approve it. A venue cannot download or reuse your clip while a request is pending, and cannot ask you about the same clip twice if you decline.

If you approve a request, you grant that venue a non-exclusive, royalty-free licence to download that specific clip and publish it on their own channels, crediting you where the format reasonably allows. You keep ownership of the clip. The licence covers that one clip and that one venue — it does not extend to your other posts, and it is not a licence to sub-license, sell, or pass your clip to anyone else.

Please read this part carefully. Once you approve a request, the venue can download a copy of the video file. Anything they have already published outside Vibeswap is outside our control: deleting your post, withdrawing from Vibeswap, or deleting your account will not remove copies already downloaded or already posted elsewhere. If you later want a venue to take something down, you will need to ask the venue directly, though we will help you make contact.

No payment is made for approving a request, by us or by the venue, unless you agree something separately and directly with them. Vibeswap is not a party to any such arrangement.

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.

9) Third-party services

The Services rely on third-party providers for hosting, analytics, notifications, storage, venue data, and AI features. Key providers include:

• Firebase (Google) — hosting, authentication, database, and notifications.
• Google Analytics for Firebase — aggregated usage and performance analytics.
• Cloudflare — storage and delivery of uploaded photos and videos.
• Google Places — venue information (addresses, opening hours, phone numbers) displayed in the app.
• OpenAI — large language model API powering Pinkie AI features (see Section 3B). By using Pinkie, you acknowledge that relevant data is processed by OpenAI subject to their Terms of Use and Privacy Policy.

Your use of the Services 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 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).

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 at any time from Settings. Deletion is permanent and cannot be undone.

What we delete. When you delete your account we remove your profile, your messages and the conversations they belong to, your follows and followers, your reactions, saved places, check-ins, playlists, notifications and your activity history. Your sign-in credentials are removed last, so that if deletion is interrupted you can sign back in and complete it rather than being locked out of a partly deleted account.

Your videos — your choice. When you delete your account we ask what should happen to the clips you posted. You can:

• Leave them on the map. The clip stays attached to the venue but is no longer linked to you. Your name, your tags and any record that you posted it are removed.
• Delete them. The clip is removed from Vibeswap, along with the underlying video and thumbnail files held by our storage and video providers.

If you or someone else appears in a clip. Removing your name from a clip does not change what is in the video. If you appear in a clip, or someone you know does, you can ask us to remove it at any time — including after your account is gone — by contacting us at admin@vibeswap.app. This applies whether or not you posted it.

What stays. Venues and events you added remain on Vibeswap without your name, so that other people do not lose places and bookings that they rely on. We also keep records relating to safety reports, moderation decisions and transactions where we are required to do so by law — the right to erasure does not override our obligation to keep those.

Deleted content may persist briefly in backups, and copies that other people have downloaded or shared outside Vibeswap are outside our control.

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) Venue pages, claiming and Vibeswap Premium

Anyone can claim the page for a venue they work at. To do so you tell us who you are, your role at the venue, and how to reach you. Every claim is checked by a person before it is approved, and we may refuse or reverse a claim at any time — for example if we cannot verify it, or if someone else has a better right to the page.

Being approved as a venue manager lets you keep your own details up to date (opening hours, venue type, links), add events, and see information about your own venue. It does not give you control over what other people have posted. You cannot remove, hide or edit anyone's clips, the words they used to describe your venue, or anything else they contributed. That is deliberate and it will not change.

Venue pages themselves cannot be deleted, because they are built from content that belongs to the people who filmed it. If you no longer want to manage a page you can hand it back, and if a venue has closed for good you can tell us and we will mark it.

Vibeswap Premium is an optional paid subscription for venue managers. It is currently offered free for an introductory period, after which it is £9.99 per venue per month unless we say otherwise. We will always show the price before anything is charged, and we will tell you before a free period ends. Any subscription is handled outside the app by our payment provider; you can cancel at any time and will keep access until the end of the period you have paid for. Premium unlocks information and tools about your own venue only — it never affects where you appear in the app, and placement is not for sale.

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