Terms of Service - VibePeak

Terms and Conditions of Use - VibePeak

1. Acceptance and Availability of the Terms and Conditions of Use

By accepting this agreement, you declare:

a. That you are of legal age and have the legal capacity to contract,
b. That you have read and accepted these Terms and Conditions of Use.

These Terms and Conditions govern the legal relationship resulting from transactions conducted by User-Clients on the website VibePeak.ai, owned by VIBEPEAK VIDEO, S.L. (hereinafter VibePeak). Users accept the Terms and Conditions from the moment they use, contract, or purchase any product. This document may be printed and stored by Users. VibePeak provides the email [email protected] for questions.

This website is designed to present VibePeak's services and to receive potential clients, commercial contacts, and job applications.

Managed by:
- Business Name: VIBEPEAK VIDEO, S.L.
- VAT ID: B22805568
- Registered Office: Avda. Ribera de Axpe 11, 2D - 202. 48950 - Erandio - Bizkaia
- Email: [email protected]

2. Applicable Legislation

These Terms are governed by Spanish laws, including Law 7/1998, Royal Legislative Decree 1/2007, Royal Decree 1906/1999, EU Regulation 2016/679 (GDPR), Law 7/1996, and Law 34/2002 on Information Society Services and E-commerce.

3. Modification of General Terms of Use

VibePeak may modify these General Terms at any time without notice by publishing the updates on the website. If VibePeak considers that any modification could negatively affect a user, it may notify them by other electronic means.

These Terms are binding; anyone who does not accept them must refrain from using the website or VibePeak services.

These Terms do not create any partnership, mandate, franchise, or employment relationship between VibePeak and Users.

VibePeak reserves the right to reject or cancel registrations without justification or compensation.

4. Description of Services

To access services, users must register via the 'Sign Up' form. Only registered users can access the website's services.

VibePeak allows users to quickly and easily generate their own AI-based videos or other audiovisual content.

VibePeak facilitates API integration with third-party platforms such as ChatGPT, Kling, ElevenLabs, among others. VibePeak generates AI avatars for videos, while external platforms generate customized video content.

Avatars are AI-generated, and any resemblance to real persons is purely coincidental.

5. User Obligations

Users must use the services in accordance with site policies and legal regulations.

Users are solely responsible for all content they generate, including prompts entered on the website or third-party platforms.

Users represent and warrant they own or are licensed to use all uploaded content.

Users shall not create videos that:
- Violate laws or regulations
- Infringe intellectual property, privacy, publicity, or other rights
- Are threatening, abusive, harassing, defamatory, misleading, obscene, offensive, or incite violence
- Exploit or abuse minors or depict such actions
- Spread false information to harm others
- Impersonate others or share personal data
- Promote terrorist or criminal organizations
- Violate rights to honor, privacy, image, or encourage discrimination or violence

6. Responsibilities

VibePeak provides a virtual platform to mediate between users and AI content-generation platforms. As an independent intermediary, VibePeak is only responsible for services directly provided.

7. Severability

If any clause is declared null or ineffective, it will affect only that clause, and the rest will remain valid.

8. Notifications

All notices and communications must be in writing and will be deemed properly delivered if handed in person, sent by mail or email to the other party’s indicated address.

9. Customer Service and ODR Platform

For questions or concerns, contact: [email protected].

Unresolved complaints can be submitted through the EU Online Dispute Resolution platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES

10. Governing Law and Jurisdiction

These Terms are governed by Spanish law, with jurisdiction in the courts of Bilbao.