Terms of Service

1. Introduction & Acceptance

Welcome to Vibrae (the "App"), an AI-powered personal growth application operated by LuminaByte GmbH, a company incorporated under the laws of the Federal Republic of Germany, with its registered office at Julius-Hatry-Straße 1, 68163 Mannheim, Germany ("Company," "we," "us," or "our").

These Terms of Use ("Terms" or "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and LuminaByte GmbH governing your access to and use of the Vibrae application, website, and all related services (collectively, the "Service").

By downloading, installing, creating an account, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not download, install, or use the Service.

These Terms are written in plain language in compliance with the EU Unfair Contract Terms Directive (93/13/EEC). Where any ambiguity exists, these Terms shall be interpreted in favor of the consumer. The English-language version of these Terms governs; any translations are provided for convenience only.

Scope. These Terms apply to all Consumers and Entrepreneurs who access or use the Service. Where specific provisions apply only to Consumers or Entrepreneurs, this is expressly indicated.

AGB incorporation. These Terms constitute General Terms and Conditions (Allgemeine Geschaftsbedingungen, "AGB") within the meaning of Sections 305-310 of the German Civil Code (BGB). By creating an Account or using the Service, you confirm that you have had reasonable opportunity to review these Terms prior to acceptance.

We may update these Terms from time to time. Material changes will be communicated to you via in-app notification or email at least 30 days before they take effect. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Service and delete your account.

2. Definitions

For the purposes of these Terms, the following defined terms apply:

• •"App" or "Service": The Vibrae mobile application (available on iOS and Android), the Vibrae website, and all associated features, content, and services provided by LuminaByte GmbH.
• •"Account": Your personal, registered user account created to access the Service.
• •"AI-Generated Content": Any text, audio, scripts, or other materials produced by artificial intelligence systems integrated into the Service, including but not limited to meditation scripts, hypnosis scripts, affirmations, sleep stories, guided breathwork instructions, and other wellness content.
• •"Track": A single piece of AI-Generated Content, typically an audio recording with narration and optional background audio, created through the Service.
• •"Expedition": A structured, multi-day guided program consisting of sequential Tracks designed around a specific personal growth theme.
• •"User Content": Any data, text, images, voice recordings, prompts, reflections, or other materials that you create, upload, or provide through the Service.
• •"Subscription": A paid plan that grants access to premium features of the Service, purchased through the applicable Platform.
• •"Free Trial": The introductory period of seven (7) days during which you may access premium features of the Service without charge, subject to the terms set forth in Section 10.
• •"Consumer" (Verbraucher): A natural person who uses the Service for purposes that are predominantly outside their trade, business, craft, or profession, within the meaning of Section 13 of the German Civil Code (BGB).
• •"Entrepreneur" (Unternehmer): A natural or legal person, or a partnership with legal capacity, who uses the Service in the exercise of their trade, business, craft, or profession, within the meaning of Section 14 of the German Civil Code (BGB).
• •"Onboarding Profile": The information you provide during the onboarding process, including goals, preferences, and wellness focus areas, used to personalize your experience.
• •"Share Link": A URL generated by the Service that allows you to share metadata about a Track (title, type, duration) with others.
• •"Platform": The digital distribution platform through which you access the App, specifically Apple's App Store (for iOS) or Google Play Store (for Android).
• •"Intellectual Property Rights": All patents, copyrights, trademarks, trade secrets, know-how, moral rights, database rights, and other proprietary rights recognized under applicable law.

3. Eligibility & Account Registration

3.1 Age Requirements

To use the Service, you must meet the following minimum age requirements:

• •United States: You must be at least 13 years of age in compliance with the Children's Online Privacy Protection Act (COPPA).
• •European Union / European Economic Area / United Kingdom: You must be at least 16 years of age (or the applicable minimum age in your member state under the GDPR, which may be lower in certain countries but no less than 13).

If you are between the applicable minimum age and the age of legal majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

3.2 Account Registration

To access certain features, you must create an Account. When registering, you agree to:

1. Provide accurate, current, and complete information.
2. Maintain and promptly update your Account information.
3. Maintain the security and confidentiality of your login credentials.
4. Accept responsibility for all activity that occurs under your Account.
5. Notify us immediately at help@vibrae.ai if you suspect unauthorized access.

3.3 Account Limitations

• •Each individual may maintain only one (1) Account.
• •You may not create an Account on behalf of another person without their express authorization.
• •You may not circumvent any technical measures we employ to limit Account creation or access.

3.4 Linked Authentication Accounts

The Service supports account creation and login through third-party authentication providers, including Google (OAuth) and Apple (Sign in with Apple). By linking a third-party account:

1. Information shared. You authorize the third-party provider to share certain profile information with us (such as your name, email address, and profile photo), as described in our Privacy Policy.
2. Account security. You are responsible for maintaining the security of your linked third-party account. If your linked account is compromised, your Vibrae Account may also be at risk.
3. Compromised accounts. You must notify us immediately at help@vibrae.ai if you believe your linked third-party account has been compromised.
4. Disconnection. Disconnecting a linked third-party account does not automatically delete your Vibrae Account or data. You must separately delete your Vibrae Account if desired (see Section 24.1).
5. Third-party availability. LuminaByte GmbH is not responsible for the availability, security practices, or terms of service of third-party authentication providers. If a third-party provider discontinues its authentication service, you may need to create alternative login credentials.

4. License Grant & Restrictions

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a compatible device that you own or control, solely for your personal, non-commercial purposes.

4.2 Restrictions

You agree not to, and shall not permit any third party to:

1. Reverse engineer, decompile, or disassemble the App or any component thereof, except to the extent expressly permitted by applicable law (including EU Directive 2009/24/EC on the legal protection of computer programs).
2. Modify, adapt, or create derivative works based on the App.
3. Copy, distribute, or publicly display the App or any part thereof, except as expressly permitted by these Terms.
4. Rent, lease, lend, sell, sublicense, or transfer the App or any rights therein.
5. Use the App to build a competing service or product, or use the App's features, content, or outputs for commercial purposes.
6. Use automated means (bots, scrapers, crawlers, or similar technologies) to access or interact with the Service.
7. Use AI-Generated Content to train machine learning models or for other artificial intelligence development purposes.
8. Redistribute AI-Generated Content as part of a commercial product or competing service.
9. Remove, alter, or obscure any proprietary notices, labels, or markings on the App.
10. Circumvent, disable, or interfere with any security, digital rights management, or access control features of the App.
11. Record, capture, screen-record, or rip AI-Generated audio content using any technology, software, or third-party tools, including but not limited to screen recording utilities, audio capture software, or hardware recording devices. This prohibition supports our ability to issue DMCA takedown notices and enforce intellectual property protections.

4.3 Open-Source Components

The App may contain open-source software components, which are subject to their respective open-source licenses. A list of open-source components and their licenses is available within the App or upon request. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms of any applicable open-source license.

4.4 International Use

The Service is operated from Germany and designed for global use. However:

1. We make no representation that the Service is appropriate, available, or legally compliant in all countries or territories.
2. You are solely responsible for compliance with all local laws, regulations, and restrictions applicable to your use of the Service in your jurisdiction.
3. Access to the Service from territories where its content (including hypnosis, guided meditation, or AI-generated wellness content) is illegal or restricted is prohibited.
4. Certain features may not be available in all countries due to legal, regulatory, or technical restrictions.
5. You acknowledge that you are responsible for obtaining any necessary permissions or approvals in your jurisdiction before using the Service.

5. Service Description

5.1 Overview

Vibrae is an AI-powered personal growth application that generates personalized wellness audio content. The Service includes the following features:

• •AI Track Generation: Create personalized audio Tracks across ten (10) content types: meditation, hypnosis, affirmation, sleep story, guided breathwork, visualization, body scan, yoga nidra, focus session, and custom prompts.
• •Library Management: Organize, search, filter, and manage your collection of generated Tracks.
• •Audio Playback: Stream and control playback of Tracks with background audio mixing, timer functionality, and background playback support.
• •Expeditions: Multi-day guided programs with sequential content tailored to specific personal growth themes.
• •Sharing: Generate Share Links to share Track metadata with others.
• •Reminders: Set customizable practice reminders and notifications.
• •Voice Recording: Record personal voice notes and reflections.
• •Profile & Onboarding: Personalized setup flow that tailors content to your goals and preferences.

Paid-only model. Access to the Service's core features requires an active Subscription or Free Trial. Following the expiration of any Free Trial, continued access to premium features requires a paid Subscription. During periods without an active Subscription, your Account remains accessible for account management (e.g., data export, account settings, account deletion), but content generation, library access, and audio playback are unavailable.

5.2 AI Services

The Service utilizes third-party artificial intelligence providers to generate content, including:

• •OpenAI (GPT models) for text/script generation.
• •Google Vertex AI (Gemini models) for text/script generation.
• •ElevenLabs for premium text-to-speech voice synthesis.
• •Google Cloud Text-to-Speech for standard voice synthesis.

All AI processing is performed server-side through our secure Edge Functions. Your device does not communicate directly with third-party AI providers. See Section 6 for important disclosures regarding AI-Generated Content.

5.3 Availability

We strive to provide continuous access to the Service but do not guarantee uninterrupted, timely, secure, or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, server issues, or circumstances beyond our control. See Section 26 (Force Majeure) for additional details.

5.4 Software Updates

The App receives software updates through two mechanisms:

1. Platform updates. Updates distributed through the Apple App Store or Google Play Store, which may require your manual approval or may be automatically installed depending on your device settings.
2. Over-the-air (OTA) updates. Certain updates to the App's JavaScript bundle may be delivered directly to your device without requiring a Platform update. These updates enable us to fix bugs and deliver improvements more quickly.

Some updates may be required for continued use of the Service. If you decline a required update, certain features may not function correctly or may become unavailable.

For EU/EEA/UK consumers (BGB Section 327f / EU Digital Content Directive):

• •Conformity updates (security patches, bug fixes necessary to maintain the Service in conformity with the contract) are mandatory and will be supplied as required during the conformity period. You consent to the automatic installation of conformity updates.
• •Feature updates (new functionality, design changes, or other modifications beyond what is necessary for conformity) will be clearly identified. You may refuse non-essential feature updates, although doing so may limit certain functionality.

5.5 Beta and Preview Features

From time to time, we may offer access to beta, preview, experimental, or early-access features ("Beta Features"). If you choose to use Beta Features:

1. Beta Features are provided "as-is" with no warranty of any kind, including no warranty of fitness for a particular purpose.
2. Beta Features may be modified, suspended, or discontinued at any time without prior notice and with no guarantee of general availability.
3. Beta Features may have reduced functionality, performance, or reliability compared to generally available features.
4. We may collect additional usage data related to Beta Features to improve the Service, subject to your consent where required by applicable law.
5. Beta Features are subject to all other provisions of these Terms unless otherwise stated in a separate Beta agreement.

6. AI-Generated Content Disclaimer & Transparency

6.1 EU AI Act Compliance (Article 50)

In compliance with the European Union Artificial Intelligence Act (Regulation (EU) 2024/1689), effective August 2, 2026, we disclose the following:

• •AI systems used: The Service employs general-purpose AI models (OpenAI GPT, Google Gemini) for text generation and neural text-to-speech systems (ElevenLabs, Google Cloud TTS) for voice synthesis.
• •Synthetic content marking: All content generated by the Service is AI-generated. Audio Tracks are created through automated AI pipelines without human review or editing.
• •Data processing: When you create a Track, your prompt and relevant profile data are sent to third-party AI providers for processing. See our Privacy Policy for details.

6.2 No Guarantees

AI-Generated Content is provided on an "as-is" basis. We make no representations or warranties regarding the:

• •Accuracy of any claims, suggestions, or statements in AI-Generated Content.
• •Completeness or comprehensiveness of the content.
• •Suitability of the content for your particular needs, goals, or circumstances.
• •Consistency of outputs; the same prompt may produce different results.

6.3 User Responsibility

You are solely responsible for evaluating and deciding whether to follow, act upon, or otherwise use any AI-Generated Content. The Service is a tool to assist your personal growth journey, not a substitute for professional advice or judgment.

6.4 Copyright Status

The copyright status of AI-generated content varies by jurisdiction and is subject to evolving legal frameworks. LuminaByte GmbH does not assert copyright ownership over AI-Generated Content created at your direction. You should not assume that AI-Generated Content is protected by copyright in all jurisdictions. See Section 16 for further details.

6.5 AI Training Data

LuminaByte GmbH does not use your User Content (including text prompts, voice recordings, reflections, onboarding data, or any other user-provided inputs) to train, fine-tune, or improve artificial intelligence or machine learning models.

• •Our contractual agreements with third-party AI providers (OpenAI, Google Vertex AI, ElevenLabs, Google Cloud TTS) prohibit the use of user data submitted through our API for training their models.
• •Your data is processed solely for the purpose of generating your requested content and is not retained by third-party AI providers beyond the processing window.
• •If this policy changes in the future, we will provide at least 30 days' advance notice and offer you a clear, easily accessible opt-out mechanism before any such use begins.

For additional details, see our Privacy Policy, Section 6.9 (AI Training Guarantee).

7. Health & Wellness Disclaimer

THIS SECTION IS CRITICALLY IMPORTANT. PLEASE READ IT CAREFULLY.

7.1 Not Medical Advice

The Service, including all AI-Generated Content, is provided for general wellness and personal growth purposes only. The Service:

• •IS NOT a medical device, medical treatment, or medical advice.
• •IS NOT intended to diagnose, treat, cure, or prevent any disease, medical condition, or mental health disorder.
• •IS NOT a substitute for professional medical advice, psychological counseling, psychiatric treatment, or any other professional healthcare service.
• •DOES NOT create a doctor-patient, therapist-client, or any other professional healthcare relationship between you and LuminaByte GmbH.

7.2 Consult Your Healthcare Provider

Always seek the advice of a qualified healthcare professional before starting any wellness program, particularly if you:

• •Have a diagnosed mental health condition.
• •Are taking medication for any psychological or neurological condition.
• •Are pregnant or nursing.
• •Have a history of seizures or epilepsy.
• •Have experienced trauma or post-traumatic stress.

In case of a medical emergency, contact your local emergency services immediately:

• •European Union: 112
• •United States: 911
• •United Kingdom: 999

7.3 Hypnosis-Specific Warning

Certain Tracks include hypnosis and guided relaxation techniques. When using these features:

• •DO NOT listen while driving, operating machinery, or performing any activity requiring full attention.
• •Exercise caution if you have a history of epilepsy, psychosis, dissociative disorders, or severe anxiety.
• •Stop use immediately and consult a healthcare professional if you experience any adverse effects.

7.4 No Guaranteed Outcomes

Any growth predictions, progress indicators, streak counters, or similar features within the Service are illustrative and motivational only. They do not represent clinically validated outcomes, and individual results vary significantly. We make no guarantees regarding the effectiveness of any content or program.

7.5 Sensitive Data Acknowledgment

The Service may process information related to your psychological wellness, personal goals, and emotional state. By using the Service, you acknowledge that this information is sensitive in nature and consent to its processing in accordance with our Privacy Policy, Section 4 (Sensitive Personal Data Notice).

7.6 Assumption of Risk

By using the Service, you voluntarily assume all risks associated with the use of AI-generated wellness content, including but not limited to meditation, hypnosis, breathwork, and guided visualization. You acknowledge that such practices carry inherent risks and that LuminaByte GmbH shall not be liable for any adverse effects arising from your use of the Service, except to the extent required by mandatory applicable law (see Section 19).

7.7 Emergency Services Disclaimer

THE SERVICE DOES NOT PROVIDE ACCESS TO EMERGENCY SERVICES. You expressly acknowledge and agree that:

1. The App is not an emergency service and does not provide access to 911, 112, 999, or any other emergency telephone number or service.
2. The App does not monitor your physical or mental wellbeing, and cannot detect medical emergencies, mental health crises, or any other urgent situations.
3. The App is not a healthcare service regulated under any healthcare framework, including but not limited to HIPAA (Health Insurance Portability and Accountability Act), FISMA, or the EU Medical Devices Regulation (MDR 2017/745).
4. The App is not HIPAA-compliant and should not be used to transmit, store, or process protected health information (PHI) as defined under HIPAA.
5. LuminaByte GmbH does not employ or contract licensed healthcare providers, therapists, counselors, or medical professionals to deliver services through the App.
6. If you are experiencing a medical emergency, mental health crisis, or are in danger, stop using the App immediately and contact your local emergency services (112 in the EU, 911 in the US, 999 in the UK) or go to your nearest emergency room.

8. User Content & Intellectual Property

8.1 Ownership

You retain all ownership rights in your User Content, including but not limited to text prompts, voice recordings, reflections, profile information, and uploaded images.

8.2 License Grant to LuminaByte

By submitting User Content through the Service, you grant LuminaByte GmbH a non-exclusive, worldwide, royalty-free, sublicensable (solely to our service providers for operating the Service) license to use, process, store, and transmit your User Content solely for the purposes of:

1. Operating, maintaining, and improving the Service.
2. Generating AI content based on your prompts and preferences.
3. Providing customer support.

This license terminates when you delete your User Content or your Account, subject to a reasonable period for deletion from backups (up to 30 days).

8.3 User Representations

By submitting User Content, you represent and warrant that:

1. You own or have the necessary rights and permissions to submit such content.
2. Your User Content does not infringe the Intellectual Property Rights of any third party.
3. Your User Content does not violate any applicable law or regulation.
4. Your User Content does not contain viruses, malware, or other harmful code.

8.4 Voice Recordings & Voice Data Processing

Voice recordings created through the Service are stored privately within your Account. You may delete your voice recordings at any time through the App.

Voice-to-text transcription. When you use voice input features, your audio recording is uploaded to our secure servers and processed through a third-party AI transcription service (currently OpenAI Whisper) via our Edge Functions. The following safeguards apply:

1. Server-side processing only. Transcription is performed server-side; your audio is not processed on-device by third-party code.
2. Temporary processing. Third-party AI providers process your audio data solely for transcription and do not retain audio recordings after processing is complete, in accordance with their API data usage policies.
3. Purpose limitation. Transcribed text is used solely for the purpose of generating your requested Track or content. It is not used for any other purpose.
4. No biometric identification. Your voice recordings are not used for biometric identification, voiceprint matching, speaker recognition, or any form of biometric data processing.
5. No AI training. Your voice recordings are not used to train, fine-tune, or improve AI or machine learning models (see Section 6.5).
6. Right to delete. You may delete your voice recordings and associated transcriptions at any time through the App.

For additional details on voice data processing, see our Privacy Policy, Section 3.1.

Note regarding biometric data laws. Depending on your jurisdiction, voice data may be classified as biometric data. LuminaByte GmbH does not collect, store, or process biometric identifiers or biometric information as defined under the Illinois Biometric Information Privacy Act (BIPA), the California Consumer Privacy Act (CCPA), or similar laws. Our processing of voice data is limited to content transcription as described above.

8.5 Shared Content

When you generate a Share Link, certain metadata about your Track (title, content type, duration) becomes accessible to anyone with the link. The audio content itself is not shared via Share Links.

8.6 Company Intellectual Property

All aspects of the Service not constituting User Content or AI-Generated Content are the exclusive property of LuminaByte GmbH, including but not limited to: the App's source code, user interface design, branding, logos, background audio library, Expedition templates, and curated content collections. See Section 16 for full details.

8.7 Feedback and Suggestions

If you provide LuminaByte GmbH with any feedback, suggestions, ideas, feature requests, bug reports, or other communications regarding the Service (collectively, "Feedback"), whether submitted via email, in-app feedback tools, support channels, app store reviews, social media, or any other means:

1. Non-confidential and non-proprietary. All Feedback is deemed non-confidential and non-proprietary. You should not submit Feedback that you consider confidential or proprietary.
2. License grant. You grant LuminaByte GmbH an irrevocable, perpetual, worldwide, royalty-free, fully sublicensable and transferable license to use, reproduce, modify, adapt, publish, distribute, and otherwise exploit any Feedback for any purpose, without compensation, attribution, or obligation to you.
3. No obligation. We are under no obligation to review, implement, acknowledge, or compensate you for any Feedback.
4. No claim. You waive any claim that any feature, functionality, or improvement of the Service infringes your intellectual property rights based on any Feedback you have submitted.

EU consumer note. Nothing in this section limits your moral rights under applicable EU or national law to the extent they are non-waivable. This section applies only to unsolicited feedback and suggestions, not to User Content processed through the Service (which is governed by Section 8.1-8.4).

9. Subscriptions, Payments & Auto-Renewal

9.1 Subscription Plans

The Service offers the following Subscription plans:

Current prices for each Subscription plan are displayed within the App at the time of purchase and on the applicable Platform (Apple App Store or Google Play Store). Prices are presented in your local currency as determined by the Platform and may vary by region due to Platform pricing policies, applicable taxes, and currency conversion. The price displayed at the time you confirm your purchase is the price you will be charged.

LuminaByte GmbH reserves the right to modify Subscription prices at any time. Price changes will not affect active Subscription periods. See Section 9.6 for notice requirements regarding price changes.

For EU/EEA/UK consumers: Prices displayed to you include all applicable taxes (including value-added tax, "VAT") as required by the EU Consumer Rights Directive (2011/83/EU), Article 6(1)(e). If the Platform does not automatically include VAT, we will clearly indicate the total price including taxes before you complete your purchase.

9.2 Billing

All Subscriptions are billed through the Platform (Apple In-App Purchase or Google Play Billing). LuminaByte GmbH does not directly collect, store, or process your payment information. All payment processing is handled by Apple Inc. or Google LLC, subject to their respective terms of service and privacy policies.

9.3 Auto-Renewal

Monthly and Yearly Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the end of the current period. Your Platform account will be charged for renewal within 24 hours prior to the end of the current period at the then-current Subscription price.

9.4 Auto-Renewal Disclosures

In compliance with California Business and Professions Code Section 17602 (AB 2863):

• •Your Subscription will automatically renew at the price and frequency stated at the time of purchase.
• •You provide express affirmative consent to auto-renewal at the time of Subscription purchase.
• •You will receive an annual reminder notification regarding your recurring Subscription.
• •You may cancel your Subscription through the same medium used to subscribe (your Platform's subscription settings).

In compliance with New York General Business Law Section 527-a:

• •The automatic renewal terms are clearly disclosed before you complete your Subscription purchase.
• •Your express consent is obtained before charging you for any renewal.

In compliance with German Civil Code (BGB) Section 309 No. 9:

• •The initial Subscription term does not exceed two (2) years for Monthly and Yearly plans.
• •After the initial term, the Subscription renews for periods of no longer than one (1) month.
• •Cancellation requires notice of no more than one (1) month before the end of the current period.

In compliance with BGB Section 309 No. 9 (as amended by the Fair Consumer Contracts Act, effective March 1, 2022):

• •After any initial Subscription term, the Subscription continues on a month-to-month basis and may be cancelled at any time with notice of no more than one (1) month.
• •This right applies regardless of the original billing cycle (monthly or yearly).

In compliance with BGB Section 312k(2): A cancellation mechanism is accessible through the applicable Platform's subscription settings (Section 9.5).

9.5 How to Cancel

You may cancel your Subscription at any time through your Platform's subscription settings:

• •iOS: Settings > [Your Name] > Subscriptions > Vibrae > Cancel Subscription
• •Android: Google Play Store > Menu > Subscriptions > Vibrae > Cancel Subscription

Cancellation takes effect at the end of the current billing period. You will retain access to premium features until the end of the period you have already paid for.

9.6 Price Changes

We will provide at least 30 days' notice before any Subscription price increase takes effect. You will have the opportunity to cancel before the new price applies.

9.7 Lifetime Plan

The Lifetime plan is a one-time, non-recurring purchase (classified as a non-consumable product on the applicable Platform) that grants access to premium features for as long as the Service remains operational. The Lifetime plan is not family-shareable and is tied to the individual Platform account used to make the purchase. If we permanently discontinue the Service, Lifetime plan holders will receive a pro-rata refund based on a reasonable expected service life of ten (10) years from the date of purchase.

9.8 Promotional Offers and Gift Subscriptions

From time to time, LuminaByte GmbH may offer promotional codes, discount offers, or gift subscriptions. The following terms apply:

1. Promotional codes are subject to the specific terms and conditions stated at the time of issuance, including expiration dates, geographic restrictions, and eligibility requirements.
2. Promotional codes are for one-time use only unless expressly stated otherwise, and may not be combined with other offers.
3. Promotional codes have no cash value, are not transferable, and may not be resold or bartered.
4. We reserve the right to revoke or cancel any promotional code or offer that has been obtained through fraud, error, or any violation of applicable terms.
5. Gift subscriptions are non-refundable after activation by the recipient. The purchaser is responsible for ensuring accurate delivery information.
6. We reserve the right to modify or discontinue any promotional program at any time.

9.9 Promotional Pricing and Discounts

LuminaByte GmbH may from time to time offer promotional prices, introductory discounts, or special offers. The following terms apply:

1. Price display. Any promotional or discounted price will be clearly displayed alongside the standard price at the time of purchase. The actual price you pay is always the price confirmed on the Platform's payment screen.
2. EU/EEA/UK consumers -- Prior price disclosure. In compliance with Directive (EU) 2019/2161 and the German Price Indication Regulation (Preisangabenverordnung, PAngV) Section 11, any announced price reduction will indicate the lowest price applied during at least thirty (30) days prior to the reduction. If the product has been offered for less than 30 days, the reference period is the period since it was first offered.
3. No artificial urgency. Time-limited offers reflect genuine availability constraints. The stated expiration of any offer accurately represents the period during which the promotional price is available.
4. Platform offers. Certain promotional prices may be offered through the Platform using their promotional offer mechanisms, subject to the Platform's terms.
5. Offer stacking. Promotional offers may not be combined with other discounts unless expressly stated.

9.10 Price Variability

Subscription prices may vary based on:

1. Geographic region. Prices may differ by country, as determined by the Platform's regional pricing policies and applicable local taxes.
2. Promotional offers. Different promotional prices may be available to different users at different times (see Section 9.9).
3. Platform pricing. Apple and Google independently set price tiers and currency conversion rates. LuminaByte GmbH does not control exact local-currency prices.
4. Price testing. LuminaByte GmbH may test different pricing structures. The price displayed and confirmed at the time of your purchase is the price you will be charged.

For EU/EEA/UK consumers: If Subscription prices are personalized on the basis of automated decision-making or profiling (GDPR Article 22), we will inform you before purchase, in compliance with Directive (EU) 2019/2161. You retain the right to purchase at the standard, non-personalized price.

10. Free Trials

10.1 Trial Period

All new users are offered a free trial period of seven (7) days ("Free Trial"). A valid payment method is required to start the Free Trial. During the Free Trial, you have full access to all premium features of the Service.

The Service operates on a paid-only model. After the Free Trial period ends, continued access to the Service's features requires an active Subscription. If you do not purchase a Subscription, your access to premium features (including content generation, library access, and audio playback) will be discontinued. Your Account will remain accessible for account management purposes.

10.2 Auto-Conversion

Unless you cancel at least 24 hours before the Free Trial period ends, your Free Trial will automatically convert to a paid Subscription at the plan and price you selected at the time of enrollment. Your payment method will be charged on the first day following the end of your Free Trial at the then-current price for your selected plan.

10.3 Trial Forfeiture

Any unused portion of the Free Trial period will be forfeited when you purchase a Subscription. If you upgrade from a Free Trial to a paid Subscription before the trial period ends, any remaining trial days are forfeited and your Subscription billing period begins immediately.

10.4 Cancellation During Trial

You may cancel your Free Trial at any time through your Platform's subscription settings (see Section 9.5). Cancellation must occur at least 24 hours before the end of the trial period to avoid being charged. If you cancel within this timeframe, you will retain access to premium features until the end of the Free Trial period.

10.5 Reminder

We will send you a reminder notification before your Free Trial period ends to inform you of the upcoming charge. This reminder is provided as a courtesy; failure to receive the reminder does not extend the Free Trial or waive any charges.

10.6 Limitations

Free Trials are limited to one (1) per person per Platform. If you have previously redeemed a Free Trial for Vibrae on the same Platform, you are not eligible for another Free Trial. LuminaByte GmbH reserves the right to determine trial eligibility and to modify trial terms at its discretion.

10.7 EU Digital Content

For users in the EU/EEA: By beginning your Free Trial and accessing premium digital content, you consent to the immediate provision of digital content and acknowledge that this may affect your right of withdrawal (see Section 11).

10.8 Restore Purchases

If you have previously purchased a Subscription on another device or have reinstalled the App, you may restore your existing purchases through the "Restore Purchases" option available in the App. Restoring purchases re-activates your Subscription without requiring a new purchase or Free Trial.

11. Right of Withdrawal (EU)

11.1 Your Right

If you are a consumer in the European Union, European Economic Area, or the United Kingdom, you have the right to withdraw from your Subscription purchase within fourteen (14) calendar days from the date of purchase, without giving any reason, in accordance with the EU Consumer Rights Directive 2011/83/EU.

11.2 How to Exercise

To exercise your right of withdrawal, you must inform us of your decision by a clear, unambiguous statement sent to:

Email: legal@vibrae.ai

Subject line: "Withdrawal Request"

You may use the model withdrawal form provided in Appendix A, but this is not mandatory.

11.3 Digital Content Exception

Important: If you consented to the immediate provision of digital content (by beginning to use premium features of the Service) and acknowledged that you would thereby lose your right of withdrawal, you may not withdraw from the contract after the digital content has been accessed.

This consent is obtained at the time of purchase. If the Service has not yet been accessed or used, your right of withdrawal remains intact.

11.4 Pro-Rata Charges

If you exercise your right of withdrawal after having used the Service during the withdrawal period, you may be charged a proportionate amount for the services received up to the point of withdrawal.

11.5 Refund

If you validly exercise your right of withdrawal, we will reimburse all payments received from you, including any delivery costs, without undue delay and no later than 14 days from the day on which we are informed of your decision to withdraw. The refund will be processed through the original payment method.

11.6 Cancel My Contract

We are committed to making cancellation as easy as subscription. In compliance with upcoming EU requirements (effective by June 2026), we will provide a prominently placed "Cancel My Contract" mechanism that is accessible with no more effort than the subscription process.

12. Cancellation & Refunds

12.1 Cancellation

You may cancel your Subscription at any time through your Platform's subscription settings (see Section 9.5 for instructions). Cancellation is effective at the end of the current billing period.

12.2 No Mid-Period Refunds

Except where required by applicable law, cancelled Subscriptions are not eligible for refunds for the remaining portion of the current billing period. You will continue to have access to premium features until the end of the paid period.

12.3 Platform Refund Processes

All Subscription purchases are processed exclusively by the applicable Platform (Apple Inc. or Google LLC). LuminaByte GmbH does not directly collect, process, or store your payment information and therefore does not have the technical ability to issue refunds for Platform purchases.

To request a refund:

• •Apple (iOS): Visit reportaproblem.apple.com or contact Apple Support.
• •Google Play (Android): Visit the Google Play Help Center > Request a refund.

LuminaByte GmbH will cooperate with the Platform to facilitate refund requests where required by applicable law.

For EU/EEA/UK consumers: Your statutory rights under the EU Consumer Rights Directive (Section 11) and the EU Digital Content Directive (Section 12.4) are independent of Platform refund policies and may be exercised directly against LuminaByte GmbH.

12.4 EU Digital Content Directive

If you are a consumer in the EU/EEA, you have a two (2) year conformity right for digital content under the EU Digital Content Directive (2019/770). If the digital content does not conform to the contract (e.g., material defects or failures), you are entitled to a free remedy (update, replacement, or, where appropriate, a price reduction or full refund).

12.5 Lifetime Plan Refunds

Refunds for Lifetime Subscriptions are handled on a case-by-case basis. If you believe you are entitled to a refund, please contact us at help@vibrae.ai with a description of the issue.

13. User Conduct & Prohibited Uses

You agree not to use the Service to:

1. Create, upload, or distribute illegal content, including content that promotes violence, discrimination, or hatred.
2. Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
3. Transmit malware, viruses, worms, or other harmful code.
4. Probe, scan, or test the vulnerability of the Service or any related system or network, or breach any security or authentication measures.
5. Send unsolicited communications (spam) through the Service's sharing features.
6. Scrape, harvest, or collect data from the Service by automated means.
7. Intentionally overload or interfere with the Service's infrastructure.
8. Create deepfake content using the Service's AI or voice features that impersonates real individuals without their consent.
9. Use the Service for commercial purposes not authorized by these Terms, including reselling AI-Generated Content.
10. Use the Service to develop a competing product or service, or for competitive analysis or benchmarking.

13.11 Export Control & Sanctions Compliance

The Service utilizes infrastructure and third-party AI services based in the United States (including OpenAI and Google) and the European Union. Accordingly, the Service is subject to export control laws and economic sanctions regulations, including:

• •United States: The Export Administration Regulations (EAR, 15 CFR Parts 730-774) and sanctions administered by the Office of Foreign Assets Control (OFAC, 31 CFR Part 500).
• •European Union: EU sanctions regulations (Council Regulation (EC) No 428/2009 and applicable Council Decisions/Regulations).
• •Germany: The Foreign Trade and Payments Act (Außenwirtschaftsgesetz, AWG) and the Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung, AWV).

By using the Service, you represent and warrant that:

1. You are not located in a country or territory subject to comprehensive US, EU, or UN embargo (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine).
2. You are not listed on the OFAC Specially Designated Nationals (SDN) List, the EU Consolidated Financial Sanctions List, the UN Security Council Consolidated List, or any other applicable restricted-party list.
3. You will not use the Service for any purpose prohibited by applicable export control or sanctions laws.
4. You will not export, re-export, or transfer the Service or any content obtained through it in violation of applicable export control laws.

LuminaByte GmbH reserves the right to restrict or block access to the Service from sanctioned jurisdictions without prior notice as required by applicable law.

Enforcement

We reserve the right to investigate and take appropriate action in response to violations of these Terms, including:

• •Removing or disabling access to offending content.
• •Suspending or terminating your Account.
• •Reporting conduct to law enforcement authorities where legally required or appropriate.

14. Privacy & Data Protection

14.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy (Version 2.0.0), which is incorporated into these Terms by reference. Please review the Privacy Policy carefully to understand how we collect, use, and protect your personal data.

14.2 Key Commitments

• •We do not sell your personal data.
• •We honor the Global Privacy Control (GPC) signal as a valid opt-out of data sharing.
• •Your data is stored in EU-based infrastructure (Supabase, Frankfurt region).
• •Sensitive personal data (wellness preferences, psychological scores) is only processed with your explicit consent.
• •Session replay is opt-in only and disabled by default.

14.3 Your Rights

You may exercise your data protection rights at any time through the App's Privacy & Data settings (Settings > Privacy & Data), including:

• •Export your data in a machine-readable format (JSON).
• •Delete your account (with a 30-day grace period for recovery).
• •Manage consent for analytics, session replay, and AI personalization.

For additional details on your rights under the GDPR, CCPA/CPRA, and other applicable privacy laws, please refer to the Privacy Policy, Section 12 (Your Rights).

14.4 Data Retention

We retain your personal data only for as long as necessary to fulfill the purposes described in these Terms and our Privacy Policy. Key retention commitments include:

• •Account deletion: After you request account deletion, your Account enters a 30-day grace period during which you may recover it. After the grace period, your data is permanently deleted from primary systems.
• •Backup deletion: Data in encrypted backups is purged within 90 days of account deletion from primary systems.
• •AI processing data: Prompts and profile context sent to third-party AI providers are not retained by those providers beyond the processing window.

For the full data retention schedule, including retention periods for specific data categories, please refer to our Privacy Policy, Section 10 (Data Retention).

15. Third-Party Services

15.1 Third-Party Providers

The Service relies on the following third-party service providers:

15.2 Third-Party Terms

Each third-party provider operates under its own terms of service and privacy policy. LuminaByte GmbH is not responsible for the practices, availability, or accuracy of third-party services. By using the Service, you acknowledge that certain data may be processed by these third parties as described in our Privacy Policy.

15.3 Service Continuity

If a third-party provider becomes unavailable or discontinues a service we rely upon, we will use commercially reasonable efforts to find a suitable alternative. However, we cannot guarantee that all features will remain available during any transition period.

16. Intellectual Property

16.1 Company IP

All right, title, and interest in and to the Service (excluding User Content and AI-Generated Content) are and shall remain the exclusive property of LuminaByte GmbH and its licensors. This includes but is not limited to:

• •The App's source code, architecture, and design.
• •The user interface, visual design, and user experience.
• •The "Vibrae" and "LuminaByte" names, logos, and trademarks.
• •The background audio library and sound effects.
• •Expedition templates, curated content structures, and prompt engineering.
• •Documentation, marketing materials, and website content.

16.2 Trademarks

"Vibrae" and "LuminaByte" are trademarks of LuminaByte GmbH. You may not use these marks without our prior written consent, except as reasonably necessary to refer to the Service (e.g., in a personal review or social media post).

16.3 AI-Generated Content IP

The intellectual property status of AI-generated content is evolving and varies by jurisdiction:

• •LuminaByte GmbH does not claim copyright ownership over AI-Generated Content created at your direction through the Service.
• •Under current law in many jurisdictions (including the United States and most EU member states), AI-generated content without sufficient human creative input may not be eligible for copyright protection.
• •You may not assume that AI-Generated Content is protectable by copyright in any jurisdiction.
• •You may use AI-Generated Content created through your Account for your personal, non-commercial purposes.

16.4 Background Audio

The background audio library (ambient sounds, nature recordings, etc.) included in the Service is licensed to LuminaByte GmbH and may not be extracted, downloaded separately, or used outside the context of the Service.

17. DMCA / Copyright Infringement

17.1 Designated Copyright Agent

In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), we have designated a copyright agent to receive notifications of claimed infringement:

Copyright Agent:

LuminaByte GmbH

Attn: Copyright Agent

Julius-Hatry-Straße 1

68163 Mannheim, Germany

Email: legal@vibrae.ai

Subject line: "DMCA Notice"

17.2 Notice Requirements

A valid DMCA notice must include:

1. A physical or electronic signature of the copyright owner or authorized agent.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing, with sufficient information for us to locate it.
4. Your contact information (address, telephone number, email).
5. A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
6. A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

17.3 Counter-Notification

If you believe that material you submitted was removed or disabled by mistake or misidentification, you may submit a counter-notification to our Copyright Agent. A valid counter-notification must include:

1. Your physical or electronic signature.
2. Identification of the material that was removed and its location before removal.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located.

17.4 Repeat Infringer Policy

We will terminate the Accounts of users who are determined to be repeat infringers of third-party copyrights, in accordance with the DMCA.

18. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• •IMPLIED WARRANTIES OF MERCHANTABILITY, fitness for a particular purpose, and non-infringement.
• •WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS of AI-Generated Content or any other content available through the Service.
• •WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• •WARRANTIES THAT DEFECTS WILL BE CORRECTED or that the Service will meet your specific requirements.

EU Consumer Rights Preservation

For consumers in the EU/EEA/UK: Nothing in this section limits your mandatory rights under the EU Digital Content Directive (2019/770), including the right to digital content that conforms to the contract for a period of at least two (2) years from the date of supply, and the right to a free remedy (update, replacement, or price reduction/refund) if the digital content fails to conform.

19. Limitation of Liability

19.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUMINABYTE GMBH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:

• •Indirect, incidental, special, consequential, or punitive damages.
• •Loss of profits, revenue, data, or business opportunities.
• •Damages arising from reliance on AI-Generated Content.
• •Damages arising from unauthorized access to or alteration of your data.
• •Damages resulting from any interruption or cessation of the Service.

19.2 Liability Cap

Our total aggregate liability arising out of or in connection with these Terms or the Service shall not exceed the greater of:

(a) The total amount you paid to us for Subscriptions in the twelve (12) months immediately preceding the event giving rise to the claim, or

(b) One hundred Euros (EUR 100).

19.3 Mandatory Exceptions (EU / Germany)

Nothing in this section excludes or limits our liability for:

1. Death or personal injury caused by our negligence.
2. Fraud (Arglistige Täuschung) or fraudulent misrepresentation.
3. Intentional misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit).
4. Liability under the German Product Liability Act (Produkthaftungsgesetz).
5. Breach of essential contractual obligations (Kardinalpflichten / wesentliche Vertragspflichten) — in such cases, liability is limited to foreseeable, contract-typical damages.
6. Any other liability that cannot be excluded or limited under mandatory applicable law.

20. Indemnification

20.1 Your Obligations

You agree to indemnify, defend, and hold harmless LuminaByte GmbH and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

1. Your violation of these Terms.
2. Your User Content.
3. Your misuse of the Service.
4. Your violation of any applicable law or the rights of any third party.

20.2 EU Consumer Limitation

For consumers in the EU/EEA/UK: This indemnification obligation applies only in cases of your willful or grossly negligent conduct. It does not apply to losses arising from normal use of the Service in accordance with these Terms.

20.3 Procedure

We will provide prompt written notice of any claim subject to indemnification and cooperate with you (at your expense) in the defense of such claim. You may not settle any claim without our prior written consent if the settlement would impose obligations on us or grant rights to any third party.

21. Dispute Resolution & Arbitration

21.1 Informal Resolution (All Users)

Before initiating any formal dispute resolution proceedings, you agree to first attempt to resolve the dispute informally by contacting us at legal@vibrae.ai with the subject line "Dispute Resolution." We will attempt to resolve the dispute within thirty (30) days from receipt of your written notice.

21.2 Arbitration (Non-EU Users)

For users outside the EU/EEA/UK/Switzerland:

If the dispute is not resolved informally within 30 days, it shall be finally resolved by binding individual arbitration administered under the rules of the International Chamber of Commerce (ICC) or, at the claimant's election, the American Arbitration Association (AAA) Consumer Arbitration Rules. The arbitration shall be conducted:

• •By a single arbitrator.
• •In English.
• •Via telephone, video conference, or written submissions (at the claimant's choice), unless in-person proceedings are required by the arbitrator.
• •In accordance with applicable law (see Section 23).

Opt-Out Right: You have the right to opt out of this arbitration provision by sending written notice to legal@vibrae.ai within thirty (30) days of first accepting these Terms. The notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the courts specified in Section 23.

Small Claims Exception: Either party may bring an individual action in small claims court for disputes within its jurisdiction.

21.3 EU/EEA/UK/Swiss Users

For users in the EU/EEA/UK/Switzerland, arbitration is NOT binding. You retain the right to bring proceedings before the courts of your habitual residence in accordance with the Brussels I Recast Regulation (EU) No. 1215/2012.

EU Online Dispute Resolution (ODR): The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. You may use this platform to attempt to resolve disputes arising from online contracts.

Mediation: We encourage mediation as a cost-effective and efficient means of resolving disputes. We are willing to participate in mediation proceedings before a recognized consumer mediation body.

21.4 Time Limitation on Claims

For users outside the EU/EEA/UK/Switzerland: Any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after the date on which such claim or cause of action arose, or it shall be forever barred.

For EU/EEA/UK/Swiss consumers: This contractual limitation period does not apply. You retain the benefit of mandatory statutory limitation periods under the laws of your habitual residence (for Germany: 3 years from the end of the year in which the claim arose, per BGB Sections 195, 199).

Exceptions. This time limitation does not apply to:

1. Claims for fraud or fraudulent misrepresentation.
2. Claims for death or personal injury caused by negligence.
3. Any claims where a shorter limitation period would violate mandatory applicable law.

21.5 Additional Procedures for Mass Filings

For users subject to the arbitration provision in Section 21.2:

If twenty-five (25) or more similar claims are filed against LuminaByte GmbH by the same or coordinated counsel within a sixty (60) day period ("Mass Filing"), the following additional procedures apply:

1. Initial batch. Up to twenty-five (25) claims selected by the parties (or, failing agreement, selected randomly by the arbitration administrator) shall proceed individually in arbitration.
2. Tolling. All remaining claims in the Mass Filing are tolled (paused) pending resolution of the initial batch. The statute of limitations for all tolled claims is suspended during this period.
3. Mediation. After the initial batch is resolved, the parties shall participate in a good-faith global mediation with a retired federal or state court judge, with each side bearing half the mediation costs.
4. Bellwether process. If mediation does not resolve the remaining claims, additional batches of up to twenty-five (25) claims each shall proceed in arbitration until all claims are resolved.
5. Court backstop. If the process described above fails to make reasonable progress toward resolution, either party may petition a court of competent jurisdiction for relief.

This provision is intended to provide a fair and efficient process for resolving mass claims while preserving individual claimants' rights. Nothing in this section prevents you from pursuing an individual claim in small claims court.

22. Class Action Waiver

22.1 Non-EU Users

For users outside the EU/EEA/UK/Switzerland:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LUMINABYTE GMBH AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

You waive any right to a jury trial.

22.2 EU Users

For users in the EU/EEA/UK/Switzerland: The class action waiver in Section 22.1 does not apply to you. Your rights under the EU Representative Actions Directive (2020/1828) and national implementing legislation are fully preserved.

22.3 Severability

If any part of this Section 22 is found to be unenforceable, the remainder of this section shall remain in effect. If the entirety of this section is found unenforceable, disputes shall be resolved in accordance with Section 23.

23. Governing Law & Jurisdiction

23.1 Governing Law

These Terms are governed by the laws of the Federal Republic of Germany, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

23.2 General Jurisdiction

Subject to Sections 23.3 and 23.4 below, the exclusive jurisdiction for all disputes arising from or in connection with these Terms is the courts of Mannheim, Germany.

23.3 EU Consumers

If you are a consumer habitually resident in the EU/EEA/UK, you may also bring proceedings in the courts of your habitual residence, in accordance with Article 6(2) of the Rome I Regulation (EC) No. 593/2008. Mandatory consumer protection laws of your country of habitual residence shall apply to the extent they provide greater protection than German law.

23.4 US Residents

For US residents who have not opted out of arbitration, disputes are governed by the arbitration provision in Section 21.2. If arbitration is not applicable, disputes shall be resolved in the state or federal courts located in New York, New York, and you consent to the personal jurisdiction of such courts.

24. Termination

24.1 Termination by You

You may terminate your Account at any time by:

1. Navigating to Settings > Privacy & Data within the App and selecting "Delete My Account."
2. Sending a deletion request to privacy@vibrae.ai.

Account termination initiates a 30-day grace period, during which your Account is deactivated but your data is retained. After the grace period, all data is permanently deleted in accordance with our Privacy Policy.

24.2 Termination by Us

We may suspend or terminate your Account if:

1. You materially breach these Terms.
2. We reasonably believe your conduct is fraudulent, illegal, or harmful to other users or the Service.
3. We are required to do so by law or legal process.
4. We discontinue the Service (with reasonable notice; see Section 25).

24.3 EU Consumer Protections

For EU/EEA/UK consumers: Before terminating your Account for breach, we will provide written notice and a reasonable opportunity to remedy the breach (typically 14 days), unless the breach is fundamental in nature (e.g., fraud, illegal activity, repeated violations).

24.4 Effects of Termination

Upon termination:

• •Your license to use the Service is immediately revoked.
• •Your data will be deleted in accordance with our Privacy Policy (30-day grace period for user-initiated deletion; immediate for company-initiated termination for cause, subject to legal retention requirements).
• •Any active Subscription should be cancelled through your Platform to avoid further charges.

24.5 Survival

The following sections survive termination of these Terms: Section 6 (AI-Generated Content Disclaimer & Transparency), Section 7 (Health & Wellness Disclaimer), Section 8.7 (Feedback and Suggestions), Section 13.11 (Export Control & Sanctions Compliance), Section 14.4 (Data Retention), Section 16 (Intellectual Property), Section 18 (Disclaimer of Warranties), Section 19 (Limitation of Liability), Section 20 (Indemnification), Section 21 (Dispute Resolution & Arbitration), Section 22 (Class Action Waiver), Section 23 (Governing Law & Jurisdiction), and Section 29 (General Provisions).

24.6 Death of Account Holder

In accordance with German inheritance law (BGB Sections 1922 et seq.) and the Federal Court of Justice ruling of July 12, 2018 (BGH III ZR 183/17), digital accounts are inheritable. Upon the death of an Account holder:

1. Legal heirs may request cancellation of any active Subscription by contacting us at help@vibrae.ai with the subject line "Account Holder Deceased."
2. Legal heirs may request account deletion or a data export in a machine-readable format (JSON).
3. The following documentation is required: (a) an official death certificate or certified copy, and (b) proof of inheritance (e.g., certificate of inheritance / Erbschein, testamentary disposition with probate court confirmation, or grant of probate).
4. The standard 30-day account deletion grace period is tolled (paused) during estate proceedings to allow heirs sufficient time to exercise their rights.
5. All requests will be processed within thirty (30) days of receipt of complete documentation.

25. Service Modifications

25.1 Right to Modify

We reserve the right to modify, update, or discontinue any features or functionality of the Service at any time, subject to the limitations set forth in this section.

25.2 Material Reductions

If we make changes that materially reduce the functionality of the Service for existing Subscribers, we will provide at least 30 days' prior notice via in-app notification or email. In such cases, you have the right to terminate your Subscription and receive a pro-rata refund for the unused portion of your billing period.

25.3 EU Digital Content Directive

For EU/EEA/UK consumers: Modifications that go beyond what is necessary to maintain conformity of the digital content with the contract require:

1. A valid contractual basis permitting the modification.
2. No additional cost to you.
3. Clear and comprehensible notice.
4. If the modification negatively and more than insignificantly impacts your use, reasonable advance notice and the right to terminate free of charge within 30 days.

26. Force Majeure

26.1 Excused Performance

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to:

• •Natural disasters (earthquakes, floods, hurricanes, volcanic eruptions).
• •Pandemics, epidemics, or public health emergencies.
• •War, armed conflict, terrorism, civil unrest, or sanctions.
• •Cyberattacks, distributed denial-of-service attacks, or infrastructure failures.
• •Government orders, regulations, or embargoes.
• •Failure of third-party infrastructure (cloud services, internet backbone, CDN providers).
• •Power outages or telecommunications failures.

26.2 Notice and Mitigation

The affected party shall provide prompt notice of the force majeure event and use commercially reasonable efforts to mitigate its effects and resume performance as soon as practicable.

26.3 Extended Disruption

If a force majeure event prevents performance for a continuous period exceeding ninety (90) days, either party may terminate the affected obligations under these Terms upon written notice to the other party, without liability. In such cases, Subscribers will receive a pro-rata refund for the unused portion of their Subscription.

27. Apple & Google App Store Terms

27.1 Apple App Store (iOS)

If you downloaded the App from the Apple App Store, the following terms apply in addition to these Terms, as required by Apple Inc.:

1. Parties to the Agreement. These Terms are between you and LuminaByte GmbH, not Apple Inc. LuminaByte GmbH, not Apple, is solely responsible for the App and its content.
2. Scope of License. The license granted to you is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms of Service.
3. Maintenance and Support. LuminaByte GmbH is solely responsible for providing any maintenance and support services with respect to the App. Apple has no obligation whatsoever to furnish any maintenance and support services.
4. Warranty. LuminaByte GmbH is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
5. Product Claims. LuminaByte GmbH, not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
6. Intellectual Property Claims. LuminaByte GmbH, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim relating to the App or your possession and use of the App.
7. Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and (b) you are not listed on any US Government list of prohibited or restricted parties.
8. Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
9. Apple Contact. If you have any questions, complaints, or claims regarding the App, contact LuminaByte GmbH at help@vibrae.ai. Apple's address is: Apple Inc., One Apple Park Way, Cupertino, California 95014, USA.
10. Developer Name and Address. LuminaByte GmbH, Julius-Hatry-Straße 1, 68163 Mannheim, Germany.

27.2 Google Play Store (Android)

If you downloaded the App from the Google Play Store, the following terms apply:

1. These Terms are between you and LuminaByte GmbH, not Google LLC. LuminaByte GmbH is solely responsible for the App.
2. Google LLC and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
3. Google has no obligation to provide maintenance, support, or warranty services for the App.

28. Regional Provisions

28.1 EU/EEA/UK/Switzerland

If you are a consumer in the European Union, European Economic Area, United Kingdom, or Switzerland:

• •Mandatory consumer rights under the laws of your country of habitual residence are preserved and shall not be limited by these Terms.
• •Your right of withdrawal is described in Section 11.
• •Your rights regarding digital content conformity (2-year period) under the EU Digital Content Directive (2019/770) are preserved in Section 18.
• •Arbitration is not binding upon you (Section 21.3).
• •Your rights under the GDPR and applicable national data protection laws are described in our Privacy Policy and preserved by Section 14.
• •We will comply with the EU AI Act (Regulation (EU) 2024/1689) transparency requirements effective August 2, 2026 (Section 6.1).
• •We will implement a "Cancel My Contract" mechanism in compliance with upcoming EU requirements by June 2026 (Section 11.6).

28.2 California

If you are a resident of California, United States:

• •CCPA/CPRA Notice: We do not sell or share your personal information as defined by the California Consumer Privacy Act (as amended by the California Privacy Rights Act). We honor the Global Privacy Control (GPC) signal. For full details, see our Privacy Policy.
• •AB 2863 Auto-Renewal Compliance: Our auto-renewal disclosures and cancellation process comply with California Business and Professions Code Section 17602. See Section 9.4.
• •California Department of Consumer Affairs: If you have a complaint regarding the Service, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:
• •Address: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
• •Phone: (800) 952-5210
• •3-Day Rescission Right (California Civil Code Sections 1689.6-1689.7): California residents may cancel certain contracts within three (3) business days (excluding Sundays and holidays) of acceptance. To exercise this right, you must send written notice of cancellation to legal@vibrae.ai with the subject line "California Rescission." Upon receipt of a valid rescission notice, your access to premium features will terminate and a full refund will be processed through the original payment method within fourteen (14) days.

28.3 New York

If you are a resident of New York, United States:

• •Our auto-renewal practices comply with New York General Business Law Section 527-a, including clear disclosure of renewal terms and obtaining your express consent before charging for any renewal.

28.4 Other US States

We endeavor to comply with all applicable state consumer protection laws throughout the United States. If any provision of these Terms conflicts with mandatory provisions of your state's consumer protection laws, the mandatory provisions shall prevail to the extent of the conflict.

28.5 Germany-Specific Provisions

As LuminaByte GmbH is incorporated in Germany:

28.5.1 General Terms and Conditions (AGB)

• •These Terms constitute General Terms and Conditions (Allgemeine Geschäftsbedingungen, "AGB") within the meaning of §§ 305-310 of the German Civil Code (BGB).
• •Subscription term limitations comply with BGB § 309 No. 9: the initial term does not exceed two years, automatic renewal periods do not exceed one month, and the cancellation notice period does not exceed one month.
• •The interpretation and validity of these Terms are subject to the AGB content control provisions of the BGB.

28.5.2 Digital Content Warranty (BGB Sections 327-327u)

In accordance with the German transposition of the EU Digital Content Directive (Directive (EU) 2019/770) into BGB Sections 327 through 327u (effective January 1, 2022), the following consumer warranty provisions apply to the Service:

1. Conformity period. The Service must conform to the contract for a period of two (2) years from the date of initial supply (for one-time supply) or for the duration of the contract (for continuous supply such as Subscriptions).
2. Burden-of-proof reversal. During the first twelve (12) months of the conformity period, any lack of conformity that becomes apparent is presumed to have existed at the time of supply, unless this presumption is incompatible with the nature of the digital content or the nature of the lack of conformity (BGB Section 327k).
3. Update obligation. LuminaByte GmbH is obligated to provide updates necessary to maintain the conformity of the Service, including security updates, for the duration of the conformity period (BGB Section 327f). See Section 5.4 for details on software updates.
4. Remedy hierarchy. If the Service does not conform to the contract, you are entitled to remedies in the following order:

• •Supplementary performance (Nacherfüllung): We will bring the Service into conformity within a reasonable period, free of charge, and without significant inconvenience to you.
• •Price reduction (Minderung): If supplementary performance fails or is refused, you may request a proportionate reduction of the price.
• •Contract termination (Vertragsbeendigung): If the lack of conformity is not minor, you may terminate the contract.

1. Scope clarification. This warranty applies to the functionality and technical performance of the Service. It does not guarantee the accuracy, suitability, or effectiveness of AI-Generated Content, which is provided "as-is" (see Section 6.2).

28.6 European Accessibility (EAA / BFSG)

LuminaByte GmbH is committed to making the Service accessible to users with disabilities, in compliance with the European Accessibility Act (Directive (EU) 2019/882) as transposed into German law by the Barrierefreiheitsstarkungsgesetz (BFSG).

1. Accessibility standards. We design the Service to conform with WCAG 2.1 Level AA adapted for mobile interfaces, including screen reader support, sufficient color contrast, minimum touch target sizes, and descriptive labels.
2. Continuous improvement. We regularly review the Service to improve accessibility. Report barriers at help@vibrae.ai (subject: "Accessibility").
3. Accessibility statement. A detailed accessibility statement is available at https://vibrae.app/accessibility or upon request.
4. Enforcement. Complaints may be filed with the competent market surveillance authority. For Germany: Bundesfachstelle Barrierefreiheit.

29. General Provisions

29.1 Entire Agreement

These Terms, together with our Privacy Policy and any Subscription-specific terms presented at the time of purchase, constitute the entire agreement between you and LuminaByte GmbH regarding the Service and supersede all prior agreements, understandings, and communications.

29.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. In accordance with German law (BGB § 306), the invalid provision shall be replaced by a valid provision that most closely achieves the economic purpose of the invalid provision.

29.3 Waiver

No failure or delay by LuminaByte GmbH in exercising any right under these Terms shall constitute a waiver of that right. Any waiver must be in writing and signed by an authorized representative of LuminaByte GmbH.

29.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets, with prior notice to you.

29.5 Notices

We may provide notices to you via:

• •In-app notifications.
• •Email to the address associated with your Account.
• •Physical mail to the address on file (if applicable).

You may send notices to us at legal@vibrae.ai or to our mailing address listed in Section 30.

29.6 Headings

Section headings in these Terms are for convenience only and have no legal or contractual effect.

29.7 Third-Party Beneficiaries

Except as expressly provided in Section 27 (Apple and Google as third-party beneficiaries), these Terms do not confer any rights on any third party.

29.8 No Partnership

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and LuminaByte GmbH.

29.9 Electronic Communications

By creating an Account or using the Service, you consent to receive electronic communications from us in compliance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. Section 7001 et seq.) and applicable EU electronic commerce regulations.

Scope of consent. Your consent covers all communications related to:

• •Legal notices and disclosures (including these Terms and amendments).
• •Billing statements, payment confirmations, and receipts.
• •Subscription renewal and cancellation confirmations.
• •Dispute resolution communications.
• •Privacy and data protection notices.
• •Service updates and maintenance notifications.

Hardware and software requirements. To receive and retain electronic communications, you need:

• •A compatible smartphone (iOS 16+ or Android 10+) with a current version of the Vibrae App installed.
• •An active internet connection (Wi-Fi or mobile data).
• •A valid email address associated with your Account.
• •Push notification capability (recommended but not required).

Right to withdraw consent. You may withdraw your consent to receive electronic communications by contacting us at help@vibrae.ai with the subject line "Withdraw Electronic Communications Consent." Please note that withdrawing consent may require termination of your Account, as the Service relies on electronic communications for essential functions (e.g., security alerts, Terms updates).

Right to paper copies. You may request paper copies of any electronic communication by contacting us at help@vibrae.ai with the subject line "Paper Copy Request." Paper copies will be mailed to your address on file at no charge.

Contact information updates. You are responsible for keeping your email address and other contact information current. You can update your information through the App's settings or by contacting us at help@vibrae.ai.

29.10 Errors and Corrections

We reserve the right to correct any errors, inaccuracies, or omissions in the Service, these Terms, pricing information, or any related materials at any time without prior notice. This includes the right to:

1. Correct typographical errors in content, pricing, or descriptions.
2. Update information that is inaccurate or incomplete.
3. Cancel or modify orders or Subscriptions placed based on erroneous pricing or information.

We are under no obligation to update all information on the Service at all times, and the information may not always be current.

EU consumer protection. For EU/EEA/UK consumers, post-purchase price corrections do not apply retroactively to completed transactions. Any price correction that would result in a higher charge requires your prior consent.

30. Contact Information & Legal Notice (Impressum)

30.1 Contact Information

For questions, concerns, or complaints regarding these Terms or the Service:

General Inquiries:

Email: help@vibrae.ai

Legal Matters:

Email: legal@vibrae.ai

Subject line: "Legal Inquiry"

DMCA / Copyright:

Email: legal@vibrae.ai

Subject line: "DMCA Notice"

Privacy:

Email: privacy@vibrae.ai

Subject line: "Privacy Inquiry"

Dispute Resolution:

Email: legal@vibrae.ai

Subject line: "Dispute Resolution"

Mailing Address:

LuminaByte GmbH

Julius-Hatry-Straße 1

68163 Mannheim

Germany

EU Online Dispute Resolution:

https://ec.europa.eu/consumers/odr

Supervisory Authority (Data Protection):

Landesbeauftragte für den Datenschutz und die Informationsfreiheit Baden-Württemberg (LfDI)

Lautenschlagerstraße 20

70173 Stuttgart, Germany

Website: https://www.baden-wuerttemberg.datenschutz.de

30.2 Legal Notice (Impressum) pursuant to DDG Section 5

The following information is provided in accordance with Section 5 of the German Digital Services Act (Digitale-Dienste-Gesetz, DDG):

Company:

LuminaByte GmbH

Legal form:

Gesellschaft mit beschränkter Haftung (GmbH) — Limited liability company under German law

Registered address:

Julius-Hatry-Straße 1

68163 Mannheim

Germany

Managing Director(s) (Geschäftsführer):

Antonio Skoko

Commercial Register:

Amtsgericht Mannheim, HRB 748625

VAT Identification Number (USt-IdNr.):

DE363590795

Telephone:

+49 152 5322 3486

Email:

help@vibrae.ai

Responsible for content per Section 18 Abs. 2 MStV (Medienstaatsvertrag):

Antonio Skoko

Julius-Hatry-Straße 1, 68163 Mannheim, Germany

Dispute Resolution:

The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. LuminaByte GmbH is not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) unless required by law.

Appendix A: Model Withdrawal Form (EU)

(As per EU Consumer Rights Directive 2011/83/EU, Annex I(B))

To: LuminaByte GmbH, Julius-Hatry-Straße 1, 68163 Mannheim, Germany

Email: legal@vibrae.ai

I/We [\] hereby give notice that I/We [\] withdraw from my/our [\*] contract for the provision of the following service:

Service: Vibrae Subscription (Monthly / Yearly / Lifetime) [\*]

Ordered on [\*] / Received on [\*]: _______________

Name of consumer(s): _______________

Address of consumer(s): _______________

Email address: _______________

Signature of consumer(s) (only if this form is notified on paper): _______________

Date: _______________

[\*] Delete as appropriate.