Terms of Service

Effective: April 2, 2026 · Last updated: July 10, 2026

1. Agreement to Terms

By creating an account, accessing, or using PointIQ (the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

The Service is operated by Vibral ("Vibral," "we," "us," or "our"). References to Vibral include its owners, operators, and any successor entities. These Terms will survive and remain in effect regardless of any change in Vibral's legal structure or entity formation.

2. Description of Service

PointIQ is a web-based court sport analytics platform. It processes game data you log manually, record through the Service, or import from compatible tracking systems. When you record a match through the Service, the video (including its audio) is uploaded to PB Vision, a third-party provider, for computer-vision analysis (see Section 8), to deliver coaching insights, performance ratings, matchup scouting reports, and personalized drill recommendations.

Core analytics including coaching insights, partner chemistry scores, and matchup scouting are computed server-side by our API and returned to your browser. Structured results are synced to secure cloud storage.

3. License Grant

3a. License to You

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes. This license does not include the right to sublicense, resell, redistribute, or create derivative works from the Service or any of its components (including but not limited to algorithms, coaching logic, analytics models, user interface design, and source code). All rights not expressly granted are reserved by Vibral.

3b. License to Us (Your Data)

You own your data. Game data you upload to PointIQ remains your property. We do not claim ownership of your personal game data.

You grant us a limited, non-exclusive license to store, process, transmit, and display your data solely to provide, maintain, secure, and improve the Service, provide support, enforce these Terms, and comply with law. This license terminates when you delete your account or request data deletion, except as to (i) anonymized, aggregated data (Section 3c), (ii) copies already shared consistent with your visibility settings, (iii) content already processed by independent third-party services under their own terms (see Sections 8 and 12), and (iv) data we must retain for legal, compliance, fraud-prevention, dispute-resolution, or security purposes.

3c. Anonymized & Aggregated Data

You grant us the right to create and use anonymized, aggregated, de-identified data derived from your use of the Service. This data will be stripped of all personally identifiable information (including email, name, and any identifiers that could reasonably be used to re-identify you). We may use this anonymized data to improve the Service, develop new features, train machine learning models, conduct research, and generate aggregate benchmarks or statistics. This right survives account termination.

For clarity: we will never sell, license, or share data that identifies you individually. Anonymized data is maintained in a de-identified form that is not reasonably capable of being associated with you. We commit not to attempt to re-identify de-identified data, and you agree not to attempt to re-identify any de-identified data or information about other users. See our Privacy Policy for details on how de-identification works.

3d. User Content & the Social Feed

You own the content you post (game logs, photos, comments, profile). You grant us a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers), transferable license to host, store, cache, reproduce, distribute, publicly display, publicly perform, publish, and otherwise use your content within the Service and its features (the feed, venue pages, leaderboards, Broadcast, and share cards) and, where you choose to share publicly, to make it publicly visible. This license ends when you delete the content or your account, except for residual backups and already-shared copies, and except as necessary to comply with law, resolve disputes, or enforce these Terms. Content visibility follows the setting you choose (private / Crew / public); you can edit or delete your posts. You may not post content that is unlawful, defamatory, invasive of privacy, harassing, or that infringes others’ rights; we may remove or restrict content and suspend or terminate accounts in our discretion for violations.

3e. Anonymized Research & Product Insights

Beyond improving your own experience, we analyze anonymized, aggregated, de-identified data derived from use of the Service — including equipment and gear data (such as paddle models and how they perform across many players) — to conduct research and build better products. We do not currently share these insights outside PointIQ. If we do so in the future, any sharing will be limited to aggregated, de-identified insights (for example, equipment-performance trends across a population of players), which may have commercial value to us or to a partner; it will never include biometric identifiers or anything reasonably capable of identifying you; we will apply a minimum population threshold so that no individual can be singled out; any partner receiving such insights must commit not to attempt to re-identify them; and we will not provide partners with access to row-level or user-level data. We do not sell data that identifies you.

4. Account Registration & Eligibility

To use the Service, you must register with a valid email address. You are responsible for all activity under your account and for maintaining account security. Notify us immediately if you believe your account has been compromised.

You must be at least 13 years old (or such higher minimum age as applies where you live) to use the Service. Because some states require parental consent for minors to hold accounts, users under 18 who reside in those states (currently Mississippi and Tennessee) may not create an account, unless and until we offer a parental-consent process for that state. We collect your date of birth at signup to apply the correct protections; if you have not provided it, social and discovery features remain unavailable until you do. If you are between 13 and 18, you represent that you have your parent's or legal guardian's consent to use the Service and agree to these Terms. Users aged 13–17 are handled with additional restrictions — they are not discoverable, do not appear on public venue boards, are anonymized in other users' public shares, are not included in our product-analytics identifiers, and may not submit recorded matches for analysis (see Section 8b). A parent or guardian of a user under 18 may contact support@vibral.org with questions about their child's account. We do not knowingly permit children under 13 to use the Service.

5. Service Plans & Payment

5a. Free Tier

PointIQ offers a free tier that allows you to upload and analyze up to 5 games at no cost, with no credit card required. The free tier includes full access to coaching insights, matchup scouting, and performance tracking for those games.

5b. Paid Subscriptions

To analyze more than 5 games, a paid subscription is required. Paid plans are billed on a recurring basis at the rates displayed at the time of purchase, together with any free-trial period then offered. Current rates, billing intervals and trial terms are shown on our website at the point of purchase and may change from time to time; the rate disclosed to you when you subscribe is the rate that applies to your term.

Subscriptions renew automatically at the end of each billing period until cancelled, and you authorize us (or the applicable app store) to charge the applicable subscription fees (plus applicable taxes) using your selected payment method at each renewal. Purchases made through the Apple App Store or Google Play are billed and cancelled through your store account settings; store cancellation takes effect per the store's terms. You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. Except where required by law or the app store’s policies, all fees are non-refundable and no prorated refunds are issued for partial periods, though we may consider refund requests on a case-by-case basis in our sole discretion.

5c. Price Changes

We reserve the right to change subscription pricing with at least 30 days' notice. Price changes will not apply to active subscriptions until the next renewal date. We will notify you via email before any price change affects your account.

5d. Tracked-Game Credits & Recording

Certain features — including submitting a recorded game for automated shot-level analysis (a “tracked game”) — are powered by tracked-game credits, where one credit equals one tracked game. Credits may be purchased in packs or granted monthly through an optional recording subscription, and are consumed when you submit a game for analysis. Tracked-game credits and the recording subscription are purchased and managed only on the web at pointiq.vibral.org; they are not offered for sale within our mobile apps. Prices are shown at the time of purchase and are exclusive of applicable taxes.

Purchased credits do not expire while your account remains active and in good standing. The recording subscription is billed monthly and renews automatically until cancelled; you may cancel at any time, which stops future billing and future monthly credit grants but does not withdraw credits already added to your balance, and cancelling does not entitle you to a refund of the then-current period.

Credits are non-refundable once used. Because each tracked game consumes analysis resources at the moment you submit it, a submitted credit has been fully delivered and cannot be refunded. Where we choose, in our sole discretion or as required by law, to issue a refund, it will cover only the unused credits remaining from that purchase, valued at the price you paid, and issuing that refund will remove the corresponding credits from your balance. If a refund is issued for credits you have already used, your balance may become negative, and any later purchase will first restore that balance before adding usable credits.

Requesting a chargeback or payment dispute with your bank, or otherwise abusing our refund or credit systems, may result in reversal of the associated credits and suspension or termination of your access to tracked-game features, in addition to any other remedies available to us.

6. Intellectual Property

The Service — including its design, source code, algorithms, analytics models, coaching logic, branding, trademarks, documentation, and all related intellectual property — is and remains the exclusive property of Vibral. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited license in Section 3a. If you provide suggestions, ideas, feedback, or other input about the Service, you grant Vibral a perpetual, irrevocable, worldwide, royalty-free license to use and exploit that input without restriction or compensation.

"PointIQ" and the PointIQ logo are trademarks of Vibral. You may not use them without prior written consent.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Attempt to gain unauthorized access to other users' accounts, data, or any part of our infrastructure
• Upload malicious content, malware, or files designed to disrupt the Service
• Use automated tools (bots, scrapers, crawlers) to access or extract data from the Service beyond normal individual use
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Service, except to the extent expressly permitted by applicable law
• Resell, sublicense, or commercially exploit the Service or any data derived from it without our written consent
• Misrepresent your identity or impersonate another person when using the Service
• Circumvent or attempt to circumvent usage limits, authentication, or security measures

You also agree not to: scrape or harvest the social or venue graph; create accounts by automated means or in bulk; abuse the provisional scan-to-join flow; use venue boards to harass other players; impersonate other players or venues; circumvent recorded-analysis credit metering; conduct penetration testing, vulnerability scanning, load testing, or benchmarking without our prior written consent; or use the Service for surveillance, stalking, doxxing, or to collect or infer sensitive information about others.

8. Third-Party Services & Data Sources

PointIQ processes data from third-party tracking systems, including PB Vision (operated by Pickleball Vision AI, Inc.). We are not affiliated with, endorsed by, or responsible for any third-party service, and third-party services may change, suspend, or discontinue features at any time. Your use of third-party data sources is subject to their respective terms.

Our infrastructure relies on third-party providers in two categories. Service providers act on our instructions to run PointIQ (Cloudflare, Resend, Mailgun, Stripe, and other similar providers we may use). Independent services operate under their own terms and make their own decisions about data they receive (PB Vision, and the Apple and Google app stores). We are not responsible for the independent services' availability, performance, or data practices, and any issues caused by independent services (including outages, delays, data loss, or changes to their features) are not a breach by Vibral, though we select all providers with care:

• Cloudflare: Hosting, storage (R2), and API infrastructure. Subject to Cloudflare's Privacy Policy.
• Resend: Transactional email delivery (authentication emails). Subject to Resend's Privacy Policy.
• Stripe: Payment processing for paid subscriptions. We do not store or process your payment card data; it is handled entirely by Stripe. Subject to Stripe's Privacy Policy and Terms of Service.
• Mailgun: Email delivery infrastructure used for the game import feature (emails sent to your personal PointIQ inbox address). Subject to Mailgun's Privacy Policy.
• PB Vision (Pickleball Vision AI, Inc.): Computer-vision analysis of pickleball game video. When you record a match through PointIQ, we transfer the video (including its audio) to PB Vision for analysis; when you import a PB Vision game, we retrieve the analysis and metadata from PB Vision. PB Vision is an independent service: it processes video under its own terms, which permit it to use uploaded content to improve its machine-learning models and to retain videos under its policies after deletion. Its handling of video is governed by PB Vision's terms of service and privacy policy at pb.vision.
• Apple App Store / Google Play Store: Distribution channels for the iOS and Android apps. Your use of apps downloaded through these stores is also subject to Apple's and Google's respective terms of service.

8a. Imported Games — Your Representations

PointIQ lets you record games through the Service and import games you have already recorded or had analyzed elsewhere, including games processed by PB Vision ("Imported Content"). When you record, upload, import, or share a game into PointIQ, you represent and warrant that you will not do so where recording is prohibited by law, venue rules, or applicable terms, and that:

• Rights to the content. You own or have all necessary rights, licenses, and permissions to the Imported Content — including the underlying video, images, statistics, and any associated metadata — and to upload, import, store, and process it through the Service.
• Consent of others. Where the Imported Content depicts, identifies, or contains data about other players or individuals, you have obtained any consent required under applicable law (including for their likeness, name, or performance data) for that content to be imported into PointIQ and used as described in our Privacy Policy, and, where the content is or will be processed by PB Vision, any consent that PB Vision's terms require from individuals appearing in the video, including for the use of their likeness to improve PB Vision's services.
• No infringement. The Imported Content does not infringe or violate the intellectual property, privacy, publicity, or other rights of any third party, and does not breach the terms of the service where the game was originally recorded or analyzed (including PB Vision's terms).
• Authority to delete. You have the right to request removal of the Imported Content from PointIQ, and you will promptly do so (or notify us) if you lose the rights or consents above, or if a depicted individual withdraws their consent.

You are solely responsible for the Imported Content you bring into the Service. To the maximum extent permitted by law, you agree to indemnify and hold harmless Vibral from any claim arising out of Imported Content you import in breach of the representations above. We may remove Imported Content and, at our discretion, suspend accounts that we reasonably believe violate this Section. Imported Content is otherwise treated as your game data and is subject to the access, export, and deletion rights described in our Privacy Policy.

8b. Recorded Analysis & AI Outputs

Recorded (“tracked”) match analysis is produced by PB Vision, a third-party provider that processes video under its own terms; by submitting a video you authorize its transfer to and processing by PB Vision under those terms. Submitted video includes its audio track. If you join a match that another player is recording through PointIQ, you may be captured on video and audio. You are responsible for ensuring you have any notices, permissions, and consents required under applicable law and venue rules for any recording, upload, or sharing, including for audio recording where applicable. Recorded-match analysis is available only to account holders 18 and older (see Section 4). Automated scoring, shot detection, statistics (e.g., Gel Score), the Broadcast scorebug and shot tags, and standings are AI-generated estimates and may contain errors. They are not authoritative and must not be relied on for wagering, official results, ranking disputes, or any decision with legal or financial consequence; they are labeled “AI-assisted · player-confirmed.” Recorded analysis is metered: each submission consumes from your included allotment or purchased credits. A quality pre-check blocks submission before any credit is consumed; once a video passes and is submitted, the credit is consumed even if results are limited, because third-party compute is incurred on submission. Recorded credit packs are non-refundable once consumed, do not expire, and are not transferable or cash-redeemable. We do not guarantee availability, turnaround time, or analytical completeness of recorded analysis, and we may reject, remove, or limit processing of any submitted video for safety, legal, or policy reasons.

8c. The Run & Provisional Accounts

The Run is a venue-hosted, scan-to-join leaderboard for open play; participation is voluntary and requires the venue's QR or room code. A game counts toward The Run only when all tagged players confirm the score — that confirmation, not the AI or any single player, establishes the result. Crowns and standings are recognition, not prizes, and have no cash value unless a specific, separately-governed promotion says so. When you scan in without an account, we create a provisional profile (display name + skill stack) so you can play; you may claim it into a full account, and an unclaimed profile is deleted within 90 days.

8d. Broadcast Sharing & Co-Player Likeness

A Broadcast is the replay of a tracked match (with the AI overlay) that you can share to your feed or externally (e.g., Instagram, TikTok). A match shows other identifiable people (your partner and opponents), and the video may include audio. When you share a Broadcast that depicts other players, you represent that you have any consent required under applicable law and venue rules for their likeness, name, and on-court performance data to be displayed and shared. A tagged or depicted player may request removal of a Broadcast that shows them by contacting support@vibral.org, and we will use commercially reasonable efforts to process valid removal requests within seven (7) business days; however, we do not control or guarantee removal from third-party platforms or copies saved by others. “Broadcast” is product branding and does not imply official broadcast rights, league affiliation, or endorsement.

8e. Other Players' Data — Tagging, Guests, The Run & Broadcast

PointIQ records matches that can involve other people: partners and opponents you tag in a logged match, a guest player you add at a venue event, and people who appear in a Broadcast you share. To protect people who may not be PointIQ users, the following rules apply:

• Limited visibility of tagged results. When you log a match and tag people who are not users, the match specifics (scores, who won or lost) are part of your record. They are shown only to you and, where you choose, to your followers — they are not published broadly as a win/loss record attributed to a named non-user.
• The Run shows relative performance, not a named win/loss. The Run leaderboard reflects each participant's relative result (an over- or under-performance contribution that can move in either direction regardless of a single match's outcome), not a public win/loss record tied to a named non-participant.
• Public Broadcasts use per-player consent. When you share a Broadcast publicly, you confirm permission for each named player shown. Anyone you do not confirm appears only as “Player N” — their name, profile link, and attributed stats are removed from the shared version — while your own identity remains. Note that faces in the video itself are not blurred. You are responsible for the confirmations you make.
• Your responsibility. When you enter another person's name, add a guest, or share content that shows others, you represent that you have any consent required under applicable law and that the information is accurate and not defamatory.
• Removal for non-users. A person who is named or depicted but is not a PointIQ user may request removal of that information by contacting support@vibral.org, and we will use commercially reasonable efforts to remove it within seven (7) business days after we can reasonably verify the request and identify the applicable content.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any coaching insights, ratings, or analytics will be accurate or produce specific results in your athletic performance.

PointIQ provides data-driven suggestions — not professional coaching, medical, or fitness advice. Always consult a qualified professional for personalized training or health guidance.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIBRAL AND ITS OWNERS, OPERATORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS INTERRUPTION, COMPUTER DAMAGE, OR COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY CONTENT (INCLUDING USER CONTENT OR IMPORTED CONTENT), ANY AI-GENERATED OUTPUTS OR ANALYSIS, OR ANY THIRD-PARTY PRODUCTS OR SERVICES (INCLUDING INDEPENDENT SERVICES YOU ACCESS IN CONNECTION WITH THE SERVICE), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY DOLLARS ($50 USD). FOR CLARITY, THIS IS A CUMULATIVE CAP FOR ALL CLAIMS AND DOES NOT APPLY PER CLAIM OR PER INCIDENT, AND MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMIT.

11. Indemnification

You agree to indemnify, defend, and hold harmless Vibral, its owners, operators, employees, agents, affiliates, successors, and assigns from and against any claims, demands, actions, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your access to or use of the Service; (ii) your User Content or Imported Content (including any allegation that it infringes, misappropriates, defames, or violates any intellectual property, privacy, publicity, or other right of any person); (iii) your breach of these Terms or any representation, warranty, or obligation in these Terms; (iv) your violation of any applicable law, rule, or regulation; or (v) your interactions with any other user, venue, or third party, including any claim based on content you upload, record, share, or publish. We may, at our option, assume the exclusive defense and control of any matter subject to indemnification (without limiting your indemnification obligations), and you agree to cooperate with our defense and not to settle any such matter without our prior written consent.

12. Termination

You may close your account at any time by contacting us at support@vibral.org. We may suspend or terminate your account if you violate these Terms, or for any other reason with reasonable notice (except in cases of serious violations, where immediate suspension may be necessary).

Upon termination, your license to use the Service ends immediately. We will retain your data for up to 30 days to allow you to request an export, after which it will be permanently deleted from our systems, except residual backup copies purged on our normal backup cycle and except to the extent we must retain certain information for legal, compliance, fraud-prevention, dispute-resolution, or security purposes. Content already processed by independent third-party services (such as PB Vision) may be retained by them under their own terms (see Section 8). Our rights to anonymized, aggregated data (Section 3c) survive termination.

13. Dispute Resolution; Binding Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL. You and Vibral agree that any Dispute (defined below) will be resolved through binding individual arbitration, unless an exception applies. You may opt out of this arbitration agreement by sending written notice to support@vibral.org within thirty (30) days of first accepting these Terms (include your name, account email, and a clear statement that you opt out of arbitration). If you opt out, neither you nor Vibral can require the other to arbitrate. Before starting arbitration, you agree to first send us a written notice of dispute and allow an opportunity to resolve the matter informally as described below.

13.1 Definitions

“Dispute” means any dispute, claim, or controversy between you and Vibral arising out of or relating to these Terms, the Service, any content (including User Content or Imported Content), any AI outputs or analytics, marketing, or the relationship between you and Vibral, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Dispute includes claims that arose before you accepted these Terms or after termination.

13.2 Informal Resolution and Notice of Dispute

Before either party may start an arbitration (or a small claims action), the complaining party must first send a written notice of dispute (“Notice”) to the other party describing (a) the name, email address, and account information (if applicable); (b) the nature and basis of the claim; and (c) the specific relief sought. Notices to Vibral must be sent to: Vibral, Attn: Legal – Notice of Dispute, support@vibral.org (email) (and, if we provide a physical address in-app or on the Service, to that address as well). We will respond within sixty (60) days (unless we agree to extend). You and Vibral agree to meet and confer in good faith to attempt to resolve the Dispute informally.

13.3 Agreement to Arbitrate

If the parties do not resolve the Dispute within sixty (60) days after receipt of a Notice, either party may initiate binding arbitration. Except as provided in Section 13.6 (Exceptions), you and Vibral agree that any Dispute will be resolved by final and binding arbitration on an individual basis, and not in court.

13.4 Arbitration Provider; Rules; Location

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or, for mass, coordinated, or batch filings, any applicable AAA supplemental rules), as modified by these Terms. The AAA rules are available at adr.org. The arbitration will be conducted in English. Unless you and Vibral agree otherwise, the arbitration will take place in Travis County, Texas; however, if you are a consumer resident outside Texas, you may choose to have the arbitration conducted by videoconference, by telephone, or in the county where you reside. If fifty (50) or more similar Disputes are filed against Vibral by the same or coordinated counsel or are otherwise coordinated (a “Mass Filing”), the parties agree to work in good faith to implement a batching process that complies with the AAA’s then-applicable rules and that promotes efficient resolution, including by selecting a limited number of bellwether cases to proceed first.

13.5 Arbitration Procedures; Authority

The arbitrator will have exclusive authority to resolve any Dispute, including (a) any claim that all or any part of this arbitration agreement is void or voidable, unenforceable, or otherwise invalid, and (b) any dispute regarding the interpretation, applicability, or scope of this Section 13 (the “delegation clause”), except that a court of competent jurisdiction will decide the enforceability of the class-action waiver in Section 13.7. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party.

13.6 Exceptions

Either party may (a) bring an individual claim in small claims court if it qualifies and remains in small claims court; and (b) seek temporary, preliminary, or permanent injunctive relief in a court of competent jurisdiction to prevent or stop unauthorized use or abuse of the Service, infringement or misappropriation of intellectual property rights, or violations of Sections 6 or 7 (or to the extent otherwise necessary to preserve rights pending arbitration). Any such action does not waive the requirement to arbitrate all other Disputes.

13.7 Class Action Waiver; Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND VIBRAL 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, COLLECTIVE, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. YOU AND VIBRAL WAIVE ANY RIGHT TO A JURY TRIAL.

13.8 Governing Law

These Terms and this Section 13 are governed by the laws of the State of Texas, United States, without regard to conflict-of-law principles, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of the arbitration agreement.

13.9 Severability

If any portion of this Section 13 is found unenforceable, the unenforceable portion will be severed and the remainder will be enforced to the maximum extent permitted by law; provided that if the class-action waiver in Section 13.7 is found unenforceable as to a particular claim, then that claim (and only that claim) must be brought in a court of competent jurisdiction and not in arbitration.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you via email or through the app at least 14 days before the changes take effect (unless a change is required by law or relates to a new feature or security issue, in which case it may be effective immediately upon posting). Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

We will maintain a changelog of material revisions. The "Last updated" date at the top of this page reflects the most recent revision.

15. Severability & Waiver

If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

16. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Vibral regarding the Service and supersede all prior agreements, understandings, and communications.

17. Contact

Questions about these Terms? Contact us at support@vibral.org.

18. Copyright Complaints

Copyright complaints: send notices to our designated agent at support@vibral.org, including the elements required by 17 U.S.C. §512(c)(3). We will remove or disable access to infringing content and may terminate repeat infringers. Counter-notices may be sent to the same address.

19. Assignment

We may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign them without our consent.

20. Electronic Communications

You consent to receive notices and communications from us electronically (by email or in-app), which satisfy any legal requirement of written communication.