Terms of Service

Vaybel is a software-as-a-service (SaaS) platform providing AI-powered tools to help online sellers create, list, and market print-on-demand products. The specific features available depend on your Subscription plan.

We continuously improve our Services and may add, modify, or discontinue features. We will provide at least 30 days' notice for any material changes to the Services or price increases exceeding 10%. We do not provide a service level agreement (SLA) and do not guarantee uptime.

The Platform integrates with various third-party services. We do not guarantee the continued availability of any particular integration and are not responsible for the actions, policies, or availability of these third-party services.

Specific to YouTube: By using our video generation or upload features that utilize YouTube API Services, you agree to be bound by the YouTube Terms of Service.

We may offer beta or experimental features. These are provided "as-is" without warranties and should not be relied upon for critical business operations. Beta Features are excluded from any uptime, support, or indemnity obligations.

You must be at least 18 years old and have the legal capacity to enter into these Terms.

You are responsible for all activities that occur under your Account and must keep your credentials secure.

You agree to use the Platform lawfully and not to:

• Violate any applicable laws, regulations, or third-party rights.
• Infringe upon the intellectual property rights of others.
• Use the Platform to sell counterfeit, unauthorized, or illegal products.
• Attempt to reverse engineer, decompile, or extract source code from the Platform.
• Use automated means (bots, scrapers) to access the Platform beyond permitted API usage.
• Process fraudulent transactions or engage in money laundering.

You may not use our AI Tools to generate content that:

• Infringes on trademarks, copyrights, or other intellectual property rights.
• Contains hate speech, harassment, or discriminatory content.
• Depicts graphic violence, illegal activities, or sexually explicit material.
• Violates Marketplace terms of service.

You are solely responsible for:

• Complying with all terms of service of any third-party integration, including Marketplaces (Etsy, TikTok Shop, Shopify) and Print-on-Demand providers (Printful, Printify, Gelato, or any other provider you connect).
• Quality Assurance: Vaybel is software only. We do not manufacture, print, or ship products. All print quality, color accuracy, material specifications, shipping, and defects are determined solely by your chosen POD Provider. Algorithmic Labs, LLC assumes no liability for physical product production or fulfillment.
• Ensuring your product listings and business practices comply with third-party platform policies. Vaybel may suspend or terminate your Account for violations that impact our integrations.
• Managing all customer service, including disputes, refunds, returns, and chargebacks per your policies and those of the relevant Marketplace/POD Provider.

Marketplace, Social Platform, and Account Actions Risk: You acknowledge that all decisions made by any Marketplace, Social Platform, POD Provider, or payment processor (including but not limited to account reviews, strikes or warnings, listing or post removals, content takedowns, suspensions, shadow bans, demonetization, reserves, holds, clawbacks, or termination, as well as delays or holds on payouts) are solely between you and that third party. Vaybel has no control over, and assumes no responsibility or liability for, any such actions, penalties, reputational harm, loss of reach or followers, loss of sales, or withheld funds, even where they relate to or arise from content created, managed, scheduled, or published using the Platform.

You shall not use customer data obtained from Marketplaces (e.g., an Etsy buyer's email) to market, solicit, or otherwise drive traffic to your Checkout Link or any other off-platform site. The Checkout Link feature is intended solely for engaging customers you have acquired independently of any integrated Marketplace.

We reserve the right (but have no obligation) to monitor, review, or remove any Merchant Content or AI-Generated Content to:

• Ensure compliance with these Terms, applicable laws, and third-party platform policies
• Prevent intellectual property infringement, including trademark and copyright violations
• Maintain platform integrity and protect our integrations with Marketplaces and POD Providers
• Respond to takedown requests, DMCA notices, or other legal process
• Prevent creation of illegal, offensive, or harmful content

We may suspend access to your account, remove content, or refuse to generate content without prior notice or liability.

You agree not to:

• Use automated tools, bots, or scripts to scrape or extract content beyond your permitted API usage
• Bulk download AI-generated designs, prompts, or Platform content for redistribution or competitive purposes
• Exceed your Subscription tier's Usage Limits through technical workarounds or multiple accounts
• Share account credentials to circumvent per-seat pricing

Subscription fees are billed in advance on a recurring basis (monthly or annually) and are non-refundable. You authorize us to charge your payment method automatically. We will provide 30 days' notice for price changes.

You are responsible for collecting and remitting all applicable sales taxes and other taxes related to your sales.

Your Subscription includes monthly credit allowances based on your plan tier. Specific credit limits, pricing, and overage fees are defined on our Pricing Page and in your Order Form at the time of subscription.

We reserve the right to:

• Suspend or throttle accounts engaging in abusive usage patterns (excessive API calls, bulk generation requests, or resource consumption impacting platform stability)
• Monitor usage and contact you if patterns appear inconsistent with normal business operations
• Charge overage fees or require plan upgrades for consistent limit violations

What constitutes "fair use" is determined at our sole discretion. Monthly credits reset at the beginning of each billing cycle and do not roll over unless explicitly stated in your plan.

The Platform and its original content, features, and functionality are owned by Algorithmic Labs, LLC and protected by intellectual property laws.

You retain ownership of your original content that you upload to the Platform. You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your Merchant Content as necessary to provide and promote the Services.

We grant you a worldwide, non-exclusive, commercial license to use AI-Generated Content created through the Platform. You acknowledge that similar or identical content may be generated for other users and you may not claim exclusive copyright in the AI-Generated Content itself. You are responsible for ensuring the AI-Generated Content does not infringe on third-party rights before use.

Any feedback or suggestions you provide become our property and may be used without compensation or attribution.

Your use of our Services is governed by our Privacy Policy.

These Terms incorporate our DPA by reference. When using services like our Checkout Link where we process personal data of your Customers on your behalf, you are the "Data Controller" and Algorithmic Labs, LLC is the "Data Processor." The DPA outlines our mutual obligations under applicable data protection laws (e.g., GDPR, CCPA).

You consent to our sharing of business information and usage data with third-party marketing platforms for:

• Advertising Retargeting: We share hashed email addresses, device identifiers, and usage patterns with Meta (Facebook/Instagram), TikTok, Google, and Pinterest to serve personalized ads
• Conversion Tracking: We share order values, subscription tier, and conversion events to measure advertising effectiveness
• Lookalike Audiences: We create anonymized audience segments based on your business characteristics to find similar potential customers

Specific data shared: hashed email addresses, IP addresses, device identifiers, product categories, order values, subscription status, and platform usage patterns. See our Privacy Policy for details.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AI-GENERATED CONTENT IS PRODUCED BY MACHINE-LEARNING MODELS AND MAY BE INACCURATE, INCOMPLETE, OR INFRINGING ON THIRD-PARTY RIGHTS. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, EDITING, AND VALIDATING ALL AI-GENERATED CONTENT BEFORE PUBLISHING OR ANY COMMERCIAL USE. VAYBEL DISCLAIMS ALL LIABILITY FOR ANY DAMAGES ARISING FROM YOUR USE OF AI-GENERATED CONTENT.

We do not guarantee any specific business outcomes, sales, revenue, or Marketplace acceptance from the use of our Services.

You agree to indemnify, defend, and hold harmless Algorithmic Labs, LLC and its affiliates from any claims, damages, liabilities, and expenses (including attorney's fees) arising from: (a) your use of the Services; (b) your violation of these Terms or any applicable law; (c) your Merchant Content, including any claims of intellectual property infringement; (d) your products, business practices, and any dispute with your Customers, including chargebacks.

Intellectual Property Representations:

You represent and warrant that:

• All Merchant Content does not and will not infringe any third-party intellectual property rights (trademarks, copyrights, patents, trade secrets)
• You are solely responsible for conducting trademark searches, copyright clearance, and IP due diligence before creating or selling products
• You will not use the Platform to create products featuring third-party brand names, logos, characters, or protected IP without proper licensing
• You understand AI-Generated Content may inadvertently resemble existing works, and you bear all risk and liability for ensuring your products do not infringe third-party rights

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALGORITHMIC LABS, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF (I) THE AMOUNT OF FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) FIVE HUNDRED U.S. DOLLARS ($500).

VAYBEL IS A SOFTWARE PLATFORM ONLY. WE DO NOT MANUFACTURE, PRINT, PACK, OR SHIP ANY PHYSICAL PRODUCTS.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• All print quality, color accuracy, material defects, size discrepancies, and product specifications are determined solely by your chosen Print-on-Demand Provider
• Vaybel has no control over and assumes zero liability for: shipping delays, lost packages, customs issues, damaged goods, incorrect fulfillment, or any aspect of physical product production and delivery
• You are responsible for ordering sample products, reviewing print quality, and managing customer expectations regarding the final physical product
• Any claims regarding product defects or fulfillment issues must be directed to your POD Provider, not Vaybel
• Mockup images generated by our Platform are approximations and may not exactly match the final printed product due to manufacturing variables

VAYBEL DISCLAIMS ALL WARRANTIES REGARDING THE QUALITY, ACCURACY, OR FITNESS FOR PURPOSE OF ANY PHYSICAL PRODUCTS PRODUCED THROUGH THIRD-PARTY POD PROVIDERS.

YOU UNDERSTAND AND AGREE THAT ALL MARKETPLACES, SOCIAL PLATFORMS, POD PROVIDERS, AND PAYMENT PROCESSORS (INCLUDING BUT NOT LIMITED TO ETSY, TIKTOK SHOP, SHOPIFY, INSTAGRAM, FACEBOOK, YOUTUBE, TIKTOK, STRIPE, AND ANY OTHERS YOU CONNECT) APPLY THEIR OWN POLICIES, RISK RULES, AND ENFORCEMENT PRACTICES. VAYBEL DOES NOT CONTROL AND IS NOT RESPONSIBLE OR LIABLE FOR ANY ACTIONS TAKEN BY THESE THIRD PARTIES, INCLUDING BUT NOT LIMITED TO ACCOUNT SUSPENSIONS OR TERMINATIONS, STRIKES OR WARNINGS, LISTING OR POST REMOVALS, CONTENT TAKEDOWNS, DEMONETIZATION, HOLDS OR DELAYS ON PAYOUTS, RESERVES, FINES, NEGATIVE REVIEWS OR REPUTATIONAL HARM, LOSS OF REACH OR FOLLOWERS, OR ANY OTHER BUSINESS, BRAND, OR FINANCIAL CONSEQUENCES YOU EXPERIENCE ON THOSE PLATFORMS.

ALL RELATIONSHIPS, OBLIGATIONS, AND DISPUTES BETWEEN YOU AND ANY MARKETPLACE, SOCIAL PLATFORM, POD PROVIDER, OR PAYMENT PROCESSOR ARE SOLELY BETWEEN YOU AND THAT THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VAYBEL SHALL HAVE NO OBLIGATION TO REIMBURSE, INDEMNIFY, OR COMPENSATE YOU FOR ANY LOSS OF REVENUE, PROFITS, ACCOUNTS, CHANNELS, CUSTOMERS, OR FUNDS RESULTING FROM SUCH THIRD-PARTY DECISIONS OR ACTIONS, EVEN WHERE THEY RELATE TO OR ARISE FROM CONTENT CREATED, MANAGED, SCHEDULED, OR PUBLISHED USING THE PLATFORM.

These Terms remain in effect until terminated by either party.

You may cancel your Subscription at any time through your account settings. The cancellation will take effect at the end of the current billing period.

We may suspend or terminate your Account immediately for any violation of these Terms, non-payment of fees, illegal activity, or violation of third-party Marketplace policies that risk our platform's integrity.

Upon termination, your access to the Platform will cease. Sections that by their nature should survive termination (including Intellectual Property, Disclaimers, Indemnification, Limitation of Liability, and Dispute Resolution) will remain in effect.

Before filing a formal claim, you agree to attempt to resolve the dispute informally by contacting us at support@vaybel.com.

Any disputes not resolved informally shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be held in New York, NY.

YOU AND ALGORITHMIC LABS, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles.

These Terms, along with our Privacy Policy and DPA, constitute the entire agreement between you and Algorithmic Labs, LLC.

We may modify these Terms at any time. We will provide at least 30 days' notice of material changes by posting the updated Terms and/or notifying you via email. Your continued use of the Services after the notice period constitutes your acceptance of the changes.

You may not use the Platform in violation of U.S. export control and sanctions laws. You represent that you are not on any U.S. government list of prohibited or restricted parties and will not use the platform to sell products to individuals or in countries embargoed by the United States.

Neither party is liable for delays or failures in performance due to circumstances beyond reasonable control, including acts of God, acts of government, strikes, or failures of third-party services (including but not limited to Marketplaces, POD Providers, AI model providers, or hosting services).

If any provision is found unenforceable, the remaining provisions will continue in full force and effect.