Terms of Service - Vibe44

1. Agreement to Terms

By accessing or using the Vibe44 website, purchasing our products, or using our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use our website or services. You must be at least 18 years of age or the legal age of majority in your jurisdiction to use our services.

2. Description of Product

Vibe44 is a premium Next.js boilerplate — a digital software product consisting of source code, documentation, and related materials. The product is delivered as a digital download via access to a private GitHub repository upon successful payment. Vibe44 is not a software as a service (SaaS) product; it is a one-time purchase of source code.

3. Account & Access

After a successful purchase processed through our payment provider (Creem), you will receive access to the Vibe44 private GitHub repository via an invitation to the GitHub account associated with your order. You are responsible for maintaining the security of your GitHub account. Access is granted to the purchasing individual only and may not be shared, transferred, or resold.

4. License Grant

Upon purchase, we grant you a non-exclusive, non-transferable, perpetual license to:

• Use the Vibe44 source code to build unlimited personal and commercial projects
• Modify the source code for your own projects
• Deploy applications built with Vibe44 without royalty obligations

This license is for end products you create. It does not grant permission to redistribute, resell, or sublicense the Vibe44 source code itself, whether in its original or modified form.

5. Restrictions

You may not:

• Redistribute, share, or resell the Vibe44 source code, in whole or in part
• Share your GitHub repository access with others
• Use the Vibe44 source code to create a competing boilerplate, template, or starter-kit product
• Sublicense, lease, or lend the source code to any third party
• Remove or alter any proprietary notices, labels, or marks in the source code
• Claim authorship of the Vibe44 boilerplate code itself

Violation of these restrictions may result in immediate termination of your license and access.

6. Intellectual Property

All intellectual property rights in Vibe44 — including but not limited to the source code, documentation, branding, design, and trademarks — remain the sole property of Alap Putatunda (operating as Vibe44 / Scale with Alap). You retain full ownership of the original code, content, and applications you build using the Vibe44 boilerplate.

7. Payments & Pricing

All payments are processed securely through Creem. Prices are displayed in USD unless otherwise stated. We reserve the right to change pricing at any time; however, price changes will not affect orders that have already been completed. All applicable taxes are the responsibility of the buyer.

By purchasing any Vibe44 license or consultation plan, you agree that your email address will be automatically subscribed to the Vibe44 newsletter. You may unsubscribe at any time by clicking the unsubscribe link included in every newsletter email. Unsubscribing from the newsletter does not affect your product access or any other rights under these Terms.

8. Refunds

Due to the digital nature of our product, all sales are final. We do not offer refunds once the product (source code access) has been delivered. For complete details, please refer to our Refund Policy.

9. Consultation Services

In addition to digital products, we offer paid consultation sessions booked through Cal.com. Consultations are subject to separate scheduling terms. Consultation fees are non-refundable once the session has been delivered. Cancellation and rescheduling are subject to the policies stated on the booking page.

10. Disclaimer of Warranties

Vibe44 is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from a course of dealing or usage of trade. We do not warrant that the product will be error-free, uninterrupted, or free of harmful components.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Alap Putatunda (Operating as Scale with Alap) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of your use of or inability to use our products or services. Our total aggregate liability for any claims arising from or related to these Terms shall not exceed the amount you paid for the product giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Alap Putatunda (Operating as Scale with Alap) from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from your use of the product, violation of these Terms, or infringement of any third-party rights.

13. Termination

We reserve the right to suspend or revoke your access to the Vibe44 repository at any time if you violate these Terms. Upon termination, your license to use the Vibe44 source code is revoked, and you must cease all use and destroy all copies in your possession. Provisions of these Terms that by their nature should survive termination (including Sections 5, 6, 10, 11, 12, and 14) shall survive.

14. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Any disputes arising out of or in connection with these Terms shall first be resolved through good-faith informal negotiation. If the dispute cannot be resolved informally within 30 days, either party may pursue resolution through the courts of competent jurisdiction in India.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and Cookie Policy, constitute the entire agreement between you and Vibe44 regarding the use of our website and products, superseding any prior agreements.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be reflected in the "Last updated" date above. Continued use of our website or products after changes constitutes acceptance of the revised Terms. For material changes, we will make reasonable efforts to notify you via email.

18. Contact

For questions about these Terms of Service:

We value your trust and are committed to resolving any questions or concerns regarding our terms with clarity and transparency.