Terms of Service

1. Purpose and acceptance

These Terms of Service (the « ToS ») govern access to and use of the VibeStarter service, including the vibestarter.fr website, the VibeStarter desktop application and the mcp.vibestarter.fr application server, together with the shared asset bank (the « Bank ») — collectively referred to as the « Service ».

Use of the Service implies full acceptance of these ToS. Acceptance is materialized, at the latest, by the creation or active use of a VibeStarter account. For accounts created on or after May 12, 2026, it is materialized by an explicit acceptance checkbox at first sign-in.

The publisher reserves the right to amend the ToS. Users are notified by email at least 15 days before new versions take effect.

2. Publisher, host and contact

The Service is published by Ethan Dorme--Talandier, acting as a sole proprietor (entrepreneur individuel under French law, unregulated liberal profession) trading under the name « VibeStarter » (SIRET 104 303 797 00013, registered with the RNE). Full contact details and hosting details are set out in the legal notice. Contact for any question relating to these ToS: contact@vibestarter.fr.

3. User account

3.1. Account creation is automatically triggered upon payment confirmation through the checkout operated by the Bonzai technical platform on behalf of Inflow Pay, the legal seller (see clause 3 bis). A single-use magic-link email is sent to the address provided at checkout. At first sign-in, the User validates explicit acceptance of these ToS via the checkbox.

3.2. The User undertakes to provide accurate information and to keep their email inbox secure, as sessions are delivered via single-use magic links.

3.3. The User may terminate their account at any time from the « My account » page or by simple request at the contact address above.

3 bis. Purchase, legal seller and access to the Service

3 bis.1. Access to the Service is subject to a single one-off purchase made via a checkout operated by the Bonzai technical platform (Frog Tech OÜ, Tallinn, Estonia). The sale is concluded with Inflow Pay (French SAS, 58 rue de Monceau, 75008 Paris, VAT No. FR54928877349), which acts as the legal seller (Merchant of Record).

3 bis.2. As such, Inflow Pay issues the invoice, collects and remits VAT, and handles the right of withdrawal and refunds in accordance with its own terms of sale. No payment data transits through vibestarter.fr or the publisher's servers.

3 bis.3. These ToS exclusively govern the service contract between the User and the publisher (access to the Service, support, content, asset bank, account management). The sale contract between the consumer and Inflow Pay is separate and subject to Inflow Pay's own terms of sale.

3 bis.4. Accordingly, the User shall contact Inflow Pay for any claim relating to payment, invoicing, VAT, the right of withdrawal or a refund. For any claim relating to the Service itself (access, content, support, account), the User shall contact the publisher; the consumer mediator listed in the legal notice remains competent for such service-related disputes.

4. Assets and intellectual property

4.1. Ownership warranty

The User represents and warrants, for each asset (icon, 3D model, sound, music, image, imported or generated file) made available through the Service, that they hold all necessary intellectual property rights, or have obtained the express authorizations of the relevant rights holders.

4.2. AI-generated assets

The User acknowledges that the Service enables the generation of assets through third-party AI models (Meshy, ElevenLabs, and others). The conditions of reuse, ownership and any liability associated with these outputs are governed by the terms of each such service. It is the User's responsibility to consult and comply with them.

4.3. License granted to VibeStarter and to the community

When the User enables the « Share my assets with the community » option (referred to as the « retention » setting in the desktop application), they expressly grant the publisher and all Users of the Service a free, non-exclusive, worldwide, transferable and sublicensable license to use the relevant assets for the following purposes:

• storage and indexing in the Bank;
• making them available to, and re-use by, other Users within the Service;
• display for the purpose of promoting the Service (thumbnails, demonstrations).

This license is granted for the legal term of protection of the relevant rights.

4.4. Irrevocable nature of past distributions

Subsequent deactivation of retention, deletion of the asset by the User, or termination of their account, does not entail the recall of copies already downloaded by other Users in good faith prior to deactivation.

4.5. Service ownership

The Service's own content (text, interface, code, logos) remains the exclusive property of the publisher and its partners. See also the legal notice.

5. Warranty and indemnification

5.1. The User shall indemnify the publisher against any action, claim, formal notice, judgment or expense (including reasonably incurred attorneys' and procedural fees) arising from a breach of these ToS or from any infringement of third-party rights (notably copyright, trademark, image rights, privacy rights) related to an asset the User has imported, generated or shared through the Service.

5.2. In the event of a claim, the publisher undertakes to inform the User within a reasonable time so as to allow them to present their defense.

5.3. This clause does not exclude the mandatory provisions of articles L. 132-1 et seq. of the French Consumer Code with regard to Users who qualify as consumers.

6. Host status and notice procedure

6.1. The publisher acts, with regard to assets provided by Users and hosted in the Bank, as a host within the meaning of article 6-I-2 of the French LCEN law and of article 6 of Regulation (EU) 2022/2065 (the « DSA »). The publisher carries out no general monitoring and no prior review of content uploaded or generated by Users.

6.2. Any third party who considers themselves harmed by an asset published in the Bank may submit a notice via the Report a content page. The publisher undertakes to examine duly submitted notices and to remove or disable access to manifestly unlawful content brought to its attention as soon as possible.

6.3. The User whose asset has been removed is notified by email and may, where appropriate, submit a counter-notice.

7. Personal data

The processing of personal data is described in the privacy policy, which forms an integral part of these ToS.

8. Termination

8.1. The User may terminate their account at any time. Termination disconnects all sessions and marks the account as inactive. Assets previously shared in the Bank remain available to the community, in accordance with clause 4.4.

8.2. The publisher may suspend or terminate an account without notice in the event of a serious breach of these ToS, notably repeated infringement of third-party rights, abusive behaviour or fraud.

9. Limitation of liability

9.1. The Service is provided « as is ». The publisher does not warrant uninterrupted or error-free operation, nor fitness for any particular undocumented use.

9.2. The publisher is not responsible for content generated by third-party AI services, nor for data processing carried out by those services when the User calls them directly via their own API keys (the « BYOK » model).

9.3. The publisher's liability shall not be engaged for indirect or unforeseeable damages. These limitations do not apply to damages resulting from gross or intentional fault, nor to harm caused to persons.

10. Governing law and jurisdiction

10.1. These ToS are governed by French law.

10.2. Failing amicable resolution, and in accordance with article R. 631-3 of the French Consumer Code, the User who is a consumer may, at their option, bring proceedings before the court of the place where they were domiciled at the time the contract was concluded or at the time the harmful event occurred. Failing that, French courts shall have jurisdiction.