Terms of Service

1. Who we are

The Services are operated by Vibe Coding Incubator LLC, a limited liability company organized in Arizona, USA, with its registered office at 14747 N. 97th St., Scottsdale, AZ 85260.

You can reach us at:

• General support: support@vcinc.ai
• Legal notices: legal@vcinc.ai
• Privacy requests: privacy@vcinc.ai

2. What these Terms cover, and what they do not

These Terms cover the vcinc.ai website, our marketing and checkout pages, our newsletter and other communications, our paid and free workshops and live events, our membership tiers, and the software plan described in Section 10.

These Terms do not cover purchases made through VCI Marketplace at marketplace.vcinc.ai. Marketplace purchases, including their refund terms, are governed by the VCI Marketplace Terms of Service and the policies incorporated into them. Where a conflict exists for a marketplace purchase, the marketplace terms control.

3. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract to use the Services. If you are using the Services on behalf of a company or other organization, you represent that you have authority to bind it, and “you” refers to both you and that organization.

You are responsible for keeping your account credentials confidential, for all activity under your account, and for keeping your account information accurate. Tell us immediately at support@vcinc.ai if you believe your account has been accessed without your authorization. Accounts are personal and non-transferable.

4. What we provide

Depending on what you purchase or register for, the Services may include:

• Free content and communications. The website, blog and newsletter, free trainings, and free community access where offered.
• Workshops and live events. Paid and free online workshops, cohort programs, co-working sessions, and VIP days delivered over video conferencing.
• Memberships. Recurring or term-based access to our community, member area, lessons, recordings, and any other benefits described on the applicable sales page at the time of purchase.
• The software plan. A hosted marketing and automation platform account resold by us, as described in Section 10.

What is included in any particular purchase is what is described on the sales page or order page for that purchase at the time you buy. If a benefit is not listed there, it is not included.

5. Prices, payment, and billing

5.1 Prices

The price that applies to your purchase is the price shown on the checkout page at the time you complete it. Prices are stated in US dollars and are exclusive of taxes unless stated otherwise. We may change prices at any time, but a change will not affect a purchase you have already completed. Where a price shown elsewhere on our site conflicts with the amount shown at checkout, please do not complete the purchase and contact support@vcinc.ai before proceeding.

5.2 Payment

Payment is processed by Stripe on Stripe-hosted checkout pages. We do not see or store your full card number. By completing checkout you authorize us and Stripe to charge your selected payment method for the amount shown, plus any applicable taxes and fees, and for any recurring amounts described in Section 5.4.

5.3 How the charge appears

Charges from us may appear on your card or bank statement under the name Arcytex, which is the company that handles our billing and technical operations. If you see a charge you do not recognize, please contact support@vcinc.ai before disputing it with your bank. We can usually identify and resolve it faster than a dispute can.

5.4 Recurring plans and automatic renewal

Some memberships and plans are sold on a recurring basis. Where that applies:

• The billing frequency, the amount, and the renewal date are shown at checkout before you purchase and in your confirmation email.
• Your plan renews automatically at the then-current rate for the same billing period until you cancel.
• You may cancel at any time, effective at the end of your current paid period, by emailing support@vcinc.ai. Cancelling stops future renewals. It does not refund amounts already paid, and it does not shorten the period you have already paid for. Your access continues until the end of that period.
• If we change the recurring price, we will give you notice before the change takes effect so that you can cancel if you do not want to continue.
• If you hold more than one plan or upgrade to a different tier, you remain responsible for cancelling any plan you no longer want. Purchasing a new plan does not automatically cancel an existing one.

5.5 Taxes

You are responsible for any sales, use, VAT, or similar taxes applicable to your purchase, except taxes on our income. Where we or our payment processor are required to collect tax, it will be added at checkout.

5.6 Failed payments

If a payment fails, we may retry it, and we may suspend or terminate your access to the relevant Service until the amount owed is paid.

6. Communications and consent

By providing your email address or phone number, you agree that we may contact you about your purchase, your account, and your access to the Services. These transactional messages are part of the Services and you cannot opt out of them while you hold an active purchase or account.

If you opt in to marketing communications, we may also send you promotional email and, where you have separately consented, SMS messages. Message and data rates may apply. Message frequency varies. Reply STOP to any SMS to opt out, or HELP for help. You can unsubscribe from marketing email at any time using the link in any marketing message. Consent to receive marketing messages is not a condition of any purchase.

7. Refunds

All sales are final. Purchases are non-refundable, including workshop and event tickets, VIP upgrades, memberships, and any one-time or recurring fees, except where a refund is required by applicable law.

This means in particular that:

• Cancelling a recurring plan stops future renewals but does not refund amounts already paid, and does not entitle you to a partial refund of the current period.
• Not attending a workshop or event you registered for, or attending only part of it, does not entitle you to a refund.
• Usage charges already incurred under Section 10 are not refundable, because those amounts are paid to the underlying platform provider on your behalf.

Discretionary refunds

We may issue a refund or an account credit in individual cases at our sole discretion, for example where a duplicate charge occurred or where we were unable to deliver what you purchased. Doing so once does not oblige us to do so again and does not change this policy.

Marketplace purchases are different

Deals purchased through VCI Marketplace are covered by the Marketplace Refund Policy, not by this Section.

Statutory rights

Nothing in this Section limits any refund or cancellation right you have under applicable law that cannot be waived by agreement.

To ask about a charge or request a discretionary refund, email support@vcinc.ai.

8. Chargebacks

If you dispute a charge with your bank or card network without contacting us first, we may suspend or terminate your access to the Services associated with that charge while the dispute is investigated, and we may revoke access permanently if the dispute succeeds. Disputing a charge you knowingly authorized is a breach of these Terms. Please contact support@vcinc.ai first. It is faster, and we have more flexibility than the dispute process allows.

9. Workshops, events, and program content

9.1 Scheduling

We may change the date, time, format, agenda, or presenters of any event. If we change the dates of a paid event, we will notify registrants and, where you cannot attend the new dates, we may at our discretion transfer your registration to a future cohort.

9.2 Recordings and replays

Recordings and replays are included only where the sales page for your purchase says they are included. If recordings are sold as a separate upgrade, purchasing the base ticket does not include them.

9.3 Your own recording is not permitted

You may not record, screenshot for redistribution, transcribe for publication, stream, or otherwise capture any live session, member area content, or program material without our prior written consent.

9.4 We may record you

Live sessions may be recorded. By participating with your camera, microphone, or chat active, you consent to being recorded and to that recording being used to deliver the program to other participants. We may also use short excerpts for promotional purposes; if you would prefer we did not, email support@vcinc.ai and we will exclude you.

9.5 Access

Access to program materials and member areas is personal to you. You may not share your login, resell your seat, or provide access to anyone else. Where we state that access is perpetual or lifetime, that means for as long as we continue to operate the relevant program or platform, and it does not oblige us to operate it indefinitely.

10. The software plan

10.1 What it is

We resell access to a third-party marketing and automation platform under our own plan. When you purchase the plan, we provision an account for you on that platform. The platform is operated by its provider, not by us. Its availability, features, and performance are outside our control, and its own terms apply to your use of it.

10.2 Subscription fees

The recurring plan fee is charged as described in Section 5.4.

10.3 Usage-based charges

Some features are billed by usage rather than being included in the plan fee. These include, depending on your configuration, outbound and inbound calling, SMS and other messaging, email sending and verification, AI features, premium workflow actions, and domain purchases. Usage charges are billed to your payment method in addition to the plan fee, at the rates we publish or make available on request. Rates may change, including where the underlying provider changes its own pricing, and we will make current rates available on request. Usage charges are incurred as you use the features and are not refundable once incurred.

10.4 Your responsibilities

You are solely responsible for how you use the platform and for the content you send through it. In particular you are responsible for:

• obtaining and maintaining valid consent from every person you contact by email, SMS, or phone;
• complying with all applicable laws and carrier rules governing your communications, including the TCPA, CAN-SPAM, applicable state telemarketing and messaging laws, and A2P 10DLC registration requirements for US SMS;
• the accuracy and lawfulness of the data you upload; and
• maintaining your own legal pages where the platform or a carrier requires them.

10.5 Registration timelines are outside our control

Where a third party must approve something before a feature can be used, including A2P 10DLC registration by The Campaign Registry and the mobile carriers, that approval runs on the third party’s timeline and we are not responsible for the time it takes or for a rejection.

10.6 Suspension

We may suspend or terminate your platform account immediately if your use of it creates a compliance, security, or reputational risk to us or to the underlying provider, or if the provider requires us to.

10.7 What happens when the plan ends

If your plan is cancelled or terminated, access to the platform account ends. Export any data you want to keep before that date. We are not obliged to retain or retrieve it afterwards.

11. Community conduct and acceptable use

Our community exists to be useful to the people in it. When using the Services you agree not to:

• harass, abuse, threaten, defame, or discriminate against anyone;
• post content that is unlawful, infringing, deceptive, sexually explicit, or malicious;
• pitch, spam, or scrape members, including by direct message, unless a space is expressly designated for that;
• share, resell, or republish paid materials, recordings, templates, or member-only content outside the Services;
• misrepresent your identity, credentials, or affiliation;
• upload malware, attempt to gain unauthorized access to our systems or another user’s account, or interfere with the operation of the Services;
• use the Services to build or train a competing offering using our materials; or
• use automated means to scrape or extract content from the Services.

We may remove content, restrict participation, or terminate accounts for breach of this Section, and we may do so without notice where the breach is serious.

12. Your content

You keep ownership of the content you post, submit, or share through the Services, including questions, code, projects, testimonials, and community posts.

You grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt, publish, and display that content for the purpose of operating, improving, and promoting the Services. You confirm that you have the rights to grant this and that your content does not infringe anyone else’s rights.

If you give us a testimonial or appear in a case study, we may use it in our marketing, including your first name, business name, and likeness, unless you tell us otherwise at support@vcinc.ai.

13. Our intellectual property

The Services, including our software, course and workshop materials, recordings, templates, prompts, frameworks, documentation, text, graphics, logos, and the “VC Inc”, “VCI”, and “Vibe Coding Incubator” names and marks, are owned by us or our licensors.

When you purchase access to a program or membership, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the materials for your own business or personal purposes for the duration of your access. Everything you build using what you learn is yours. The teaching materials themselves are not, and you may not redistribute, resell, publish, or use them to create a competing program.

14. No guarantee of results, and no professional advice

We teach software, automation, and business methods. We do not guarantee any particular business result, revenue figure, lead volume, hiring outcome, or return on your investment. Any figures, screenshots, case studies, dashboards, or examples shown on our pages or in our programs are illustrative, reflect the results of specific individuals, and are not a forecast, projection, or promise of what you will achieve. Your results depend on factors outside our control, including your own effort, skill, market, and circumstances.

Nothing in the Services is legal, tax, accounting, financial, or other professional advice. Consult a qualified professional before acting on anything you learn from us.

Our programs cover the use of third-party AI tools. AI systems can produce inaccurate or unsuitable output. You are responsible for reviewing and testing anything you build before relying on it.

15. Third-party services

The Services depend on and link to third-party platforms, including payment processing, video conferencing, hosting, community software, email delivery, and the platform described in Section 10. We do not control those services and are not responsible for their availability, pricing changes, policy changes, feature removal, approval decisions, outages, content, or privacy practices. Your use of them is governed by their own terms.

16. Suspension and termination

We may suspend or terminate your account or your access to any part of the Services, immediately and without prior notice where appropriate, if you breach these Terms, if your account is associated with fraud or abuse, if you initiate a chargeback we believe to be unfounded, if you fail to pay amounts owed, or if we are required to by law or by a provider we depend on.

You may stop using the Services at any time, and may cancel a recurring plan as described in Section 5.4. Termination does not entitle you to a refund except as set out in Section 7.

Sections that should reasonably survive termination will survive, including Sections 7, 8, 12, 13, 14, 17, 18, 19, 20, and 21.

17. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE, OR THAT ANY THIRD-PARTY PLATFORM WILL PERFORM AS YOU EXPECT.

Some jurisdictions do not allow the exclusion of certain warranties. These exclusions apply only to the maximum extent permitted where you live.

18. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VIBE CODING INCUBATOR LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) USD 100.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

19. Indemnification

You agree to defend, indemnify, and hold harmless Vibe Coding Incubator LLC, its officers, directors, employees, agents, and affiliates from any claim, liability, damage, loss, or expense, including reasonable legal fees, arising out of or related to: content you submit to the Services; your use of the Services; your violation of these Terms; your violation of any third-party right; or your use of the platform described in Section 10, including any claim arising from your communications or your compliance with messaging, telemarketing, and data protection law. We may take exclusive control of the defense of any matter for which you indemnify us, at your expense, and you will cooperate with that defense.

20. Disputes and arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

20.1 Informal resolution first

Before starting a formal proceeding, you agree to contact us at legal@vcinc.ai with a written description of the dispute, your contact details, and the relief you want. We will try to resolve it informally for 60 days from the date we receive your notice.

20.2 Binding arbitration

Any dispute not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its then-current Consumer Arbitration Rules, in Phoenix, Arizona, or by remote hearing at your election. The arbitrator has exclusive authority to decide all issues, including the scope and enforceability of this arbitration agreement, except that a court may decide whether a claim falls within the carve-outs below. Judgment on the award may be entered in any court of competent jurisdiction. This arbitration agreement is governed by the Federal Arbitration Act.

20.3 Class action waiver

YOU AND VIBE CODING INCUBATOR LLC 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate claims or preside over any class or representative proceeding.

20.4 30-day opt-out

You may opt out of this Section 20 by sending written notice to legal@vcinc.ai within 30 days of first accepting these Terms, stating that you opt out and including your name, address, and the email address on your account. Opting out has no other effect on your use of the Services.

20.5 Carve-outs

Either party may bring an individual action in small claims court for disputes within that court’s jurisdiction, and either party may seek injunctive relief in court for actual or threatened infringement or misappropriation of intellectual property rights, or for unauthorized access to the Services.

21. Governing law and venue

These Terms are governed by the laws of the State of Arizona, USA, without regard to its conflict of laws rules. Subject to Section 20, the state and federal courts located in Maricopa County, Arizona have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction there.

22. Export control and sanctions

You represent that you are not located in, or a national of, a country subject to a US Government embargo or designated by the US Government as a “terrorist supporting” country, and that you are not on any US Government list of prohibited or restricted parties, including the lists maintained by the Office of Foreign Assets Control. You agree to comply with all applicable export control laws in your use of the Services.

23. Changes to these Terms

We may modify these Terms. If a change is material, we will give notice by email or by a prominent notice on the Services at least 30 days before it takes effect, except where a shorter period is required by law or needed to address a security or legal risk. The “Last updated” date reflects the most recent revision. Continued use of the Services after a change takes effect means you accept it. Changes to Section 20 made after you accept these Terms will not apply to a dispute that has already arisen.

24. General

24.1 Entire agreement

These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services and supersede any prior agreement on the same subject, other than a separate signed agreement between us, which controls to the extent it conflicts.

24.2 Severability

If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the rest remains in effect.

24.3 Waiver

A failure or delay in exercising a right is not a waiver of it. Waivers must be in writing.

24.4 Assignment

You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, financing, or sale of substantially all of our assets.

24.5 No agency

Nothing here creates a partnership, joint venture, agency, fiduciary, or employment relationship.

24.6 Force majeure

Neither party is liable for failure or delay caused by events outside its reasonable control, including acts of God, war, civil unrest, labor disputes, internet or telecommunications failures, cyber attacks, governmental action, or epidemics.

24.7 Notices

Notices to us go to legal@vcinc.ai. Notices to you may be sent to the email address on your account or posted prominently on the Services.

24.8 Language

If these Terms are translated, the English version controls in the event of a conflict.

25. Contact

• Questions about these Terms: legal@vcinc.ai
• General support: support@vcinc.ai
• By post: Vibe Coding Incubator LLC, 14747 N. 97th St., Scottsdale, AZ 85260