Terms of Service
Last Updated: July 17, 2025
Welcome to Vaybel (the "Platform"), which is owned and operated by Algorithmic Labs, LLC ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and enter into a legally binding agreement with Algorithmic Labs, LLC. If you do not agree to these Terms, do not access or use our Services. Your use of the Services is also governed by our Privacy Policy and Data Processing Addendum, which are incorporated by reference into these Terms.
1. Definitions
For the purposes of these Terms of Service, the following terms shall have the meanings defined below:
- 1.1 "Platform" refers to the Vaybel website, applications, and all associated services.
- 1.2 "User" or "Merchant" means any individual or entity that creates an account and uses the Platform, whether on a free trial or paid subscription. You, the User, are the merchant-of-record for all products sold.
- 1.3 "Account" refers to a registered user profile on the Platform.
- 1.4 "AI Tools" means the artificial intelligence-powered tools provided on the Platform, including but not limited to the Product Generator, Automated Merchandiser, and Social Content Creator.
- 1.5 "AI-Generated Content" refers to any content created using the AI Tools, including designs, product listings, mockups, videos, and social media content.
- 1.6 "Subscription" means a paid plan that provides access to the Platform's features and services.
- 1.7 "Marketplace" refers to third-party e-commerce platforms such as Etsy, TikTok Shop, Shopify, and others that integrate with our Platform.
- 1.8 "POD Provider" means print-on-demand service providers such as Printful that integrate with our Platform.
- 1.9 "Checkout Link" refers to our service that provides Merchants with a shareable, direct checkout page for sales made through their own independent marketing channels.
- 1.10 "Customer" means an end consumer who purchases products from a Merchant.
- 1.11 "Merchant Content" means any content that a Merchant uploads, creates, or generates through the Platform, including AI-Generated Content.
- 1.12 "Data Processing Addendum (DPA)" refers to the agreement governing the processing of personal data, which is incorporated by reference into these Terms.
- 1.13 "Intellectual Property Rights" means all patent rights, copyright rights, trademark rights, trade secret rights, and other intellectual property rights.
- 1.14 "Transaction Fee" means the fee charged by Vaybel on the total order value for sales processed through a Checkout Link (currently 1%, subject to change with notice under Section 10.3).
- 1.15 "Usage Limits" means the restrictions on API calls, content generation, storage, and other Platform resources based on the Merchant's Subscription tier.
2. Platform Services
2.1 Service Description
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.
2.2 Service Availability and Changes
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.
2.3 Third-Party Integrations
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.
2.4 Beta Features
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.
3. Merchant Obligations and Acceptable Use
3.1 Eligibility
You must be at least 18 years old and have the legal capacity to enter into these Terms.
3.2 Account Security
You are responsible for all activities that occur under your Account and must keep your credentials secure.
3.3 Acceptable Use
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.
3.4 AI Content Policy
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.
3.5 Marketplace and POD Provider Compliance
You are solely responsible for:
- Complying with all terms of service, policies, and rules of any integrated Marketplace (e.g., Etsy, TikTok Shop) and POD Provider (e.g., Printful).
- Ensuring your product listings and business practices remain compliant with these third-party platforms. Vaybel reserves the right to suspend or terminate your Account for violations that impact our integrations.
- Managing all aspects of customer service, including disputes, refunds, and returns, in accordance with your own policies and those of the relevant Marketplace.
3.6 Data Compliance
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.
4. Billing, Payments, and Checkout Link
4.1 Subscription Fees
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.
4.2 Checkout Link & Merchant-of-Record
Role of Parties: When using a Checkout Link, you, the Merchant, are the seller and merchant-of-record. Vaybel acts as a technology service provider, facilitating transactions through our integrated payment processor (Stripe).
Fees: We charge a Transaction Fee on the total order value of each sale made through a Checkout Link. This fee is in addition to any fees charged by our payment processor (e.g., Stripe fees).
Payouts: Funds collected from your Customer sales will be remitted to you, net of our Transaction Fee and any applicable payment processor fees.
Chargebacks and Disputes: You are solely responsible for all customer disputes, chargebacks, and refunds. You agree that Vaybel may debit your connected bank account or offset future payouts to cover the full amount of any chargeback and associated fees. You must provide timely and accurate information to us to assist in contesting disputes.
4.3 Taxes
You are responsible for collecting and remitting all applicable sales taxes and other taxes related to your sales.
5. Intellectual Property
5.1 Platform Ownership
The Platform and its original content, features, and functionality are owned by Algorithmic Labs, LLC and protected by intellectual property laws.
5.2 Merchant Content
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.
5.3 AI-Generated Content License
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.
5.4 Feedback
Any feedback or suggestions you provide become our property and may be used without compensation or attribution.
6. Data Privacy and Processing
6.1 Privacy Policy
Your use of our Services is governed by our Privacy Policy.
6.2 Data Processing Addendum (DPA)
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).
7. Disclaimers, Indemnification, and Liability
7.1 Service Disclaimer
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.
7.2 AI Content Disclaimer
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.
7.3 No Guarantee of Results
We do not guarantee any specific business outcomes, sales, revenue, or Marketplace acceptance from the use of our Services.
7.4 Indemnification
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.
7.5 Limitation of Liability
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).
8. Term and Termination
8.1 Term
These Terms remain in effect until terminated by either party.
8.2 Termination by You
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.
8.3 Termination by Us
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.
8.4 Effect of Termination
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.
9. Dispute Resolution
9.1 Informal Resolution
Before filing a formal claim, you agree to attempt to resolve the dispute informally by contacting us at support@vaybel.com.
9.2 Arbitration Agreement
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.
9.3 Class Action Waiver
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.
10. General Provisions
10.1 Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles.
10.2 Entire Agreement
These Terms, along with our Privacy Policy and DPA, constitute the entire agreement between you and Algorithmic Labs, LLC.
10.3 Modifications
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.
10.4 Export Control and Sanctions
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.
10.5 Force Majeure
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).
10.6 Severability
If any provision is found unenforceable, the remaining provisions will continue in full force and effect.
11. Contact Information
For questions or legal notices regarding these Terms, please contact us at:
Algorithmic Labs, LLCAttn: Legal Department
169 Madison Ave, STE 11762
New York, NY, 10016 US
Email: legal@vaybel.com