Terms & Conditions

Vibely is operated by:

Vibely Studio
Registration No. 2026/248424/07
Email: legal@vibe-ly.net
Website: https://vibe-ly.net

When we say “Vibely”, “we”, “us”, or “our”, we mean Vibely Studio. This disclosure is required under Section 43 of the Electronic Communications and Transactions Act, 2002 (ECTA).

You must be at least 18 years old to use Vibely. By creating an account, you confirm that:

• You are 18 years of age or older
• The information you provide is accurate and complete
• You will keep your account information up to date

If we discover that you are under 18, your account will be terminated immediately and all associated data deleted.

You're responsible for keeping your login credentials secure. If someone accesses your account because you shared or failed to protect your credentials, you are responsible for all activity on that account.

You can sign in with Google, Apple, or Facebook, or create an account with your email. One account per person. You agree not to create multiple accounts, impersonate others, or use a false identity.

We can suspend or terminate your account if you violate these terms. If we do, we'll notify you by email with the reason. See Section 22 for termination details.

Vibely lets you discover venues, check in, write reviews, follow friends, earn loyalty rewards, and explore events. You can use these features for personal, non-commercial purposes.

You agree not to:

• Post fake reviews, spam, or misleading content
• Harass, threaten, bully, or abuse other users
• Scrape, crawl, or extract data from Vibely using automated tools
• Reverse-engineer, decompile, or tamper with the app or its security measures
• Use Vibely for any unlawful purpose
• Attempt to access other users' accounts or personal data
• Circumvent location verification for check-ins (including GPS spoofing)
• Use the app to stalk, track, or monitor other users
• Upload content that contains malware, viruses, or harmful code
• Resell, sublicense, or commercially exploit any part of the service without written permission

When you post a review, photo, check-in, or any other content on Vibely, you retain ownership of it. By posting, you grant us a non-exclusive, worldwide, royalty-free, transferable licence to display, distribute, reproduce, and use that content within the Vibely platform — including in venue profiles, social features, and marketing materials.

You represent that:

• You own or have the rights to the content you post
• Your content does not infringe anyone else's intellectual property, privacy, or other rights
• Your content is not defamatory, discriminatory, illegal, or harmful

We can remove any content that violates these terms or that we reasonably consider harmful, without prior notice. We're not obligated to monitor all user content, but we reserve the right to do so.

Vibely provides venue information sourced from public databases (OpenStreetMap, Overture Maps, Foursquare, Geoapify) and enriched using AI (Google Gemini). We aim to keep this information accurate, but we don't guarantee it.

Opening hours, pricing, menus, capacity, and other venue details may be outdated or incorrect. Always confirm directly with the venue before making plans, especially before travelling.

Vibely is an information platform. We are not responsible for your experience at any venue, and we don't endorse any specific venue.

Vibely uses your location to show nearby venues, power the heatmap, and enable check-ins. We only access your location after you give explicit consent through the in-app consent gate, as required by POPIA.

You can withdraw location consent at any time through your device settings or the app's privacy settings. Without location access, location-dependent features will be unavailable.

Check-ins use location verification. Spoofing your location to fake a check-in violates these terms and may result in account suspension or termination.

Vibely may offer a loyalty programme with points, badges, and rewards. If we do:

• Points are earned through eligible check-ins and activity as described in the app
• Point values, earning rates, redemption rules, and expiry may change. We'll give you at least 30 days' notice of material changes.
• Points and badges have no cash value and can't be transferred, sold, or exchanged outside Vibely
• We reserve the right to void points earned through fraudulent activity (including fake check-ins)
• If your account is terminated for a breach of these terms, unredeemed points are forfeited

If you're a venue owner using Vibely's paid features, the following terms apply in addition to the general terms above.

9.1 Plans and Pricing

We offer the following venue owner subscription tiers:

• Pro: R499 per month (inclusive of VAT)
• Business: R999 per month (inclusive of VAT)

All prices are in South African Rand (ZAR). If VAT rates change, prices may be adjusted accordingly with 30 days' notice.

9.2 Billing and Payment

• Subscriptions are billed monthly on the anniversary of your subscription start date
• You authorise recurring charges when you subscribe
• If a payment fails, we'll notify you and give you 7 days to resolve it before suspending access to paid features
• You are responsible for any taxes, fees, or charges imposed by your payment provider

9.3 Contract Term and Renewal (CPA Section 14)

• Your subscription is a month-to-month fixed-term agreement under Section 14 of the Consumer Protection Act, 2008 (CPA)
• Your subscription automatically renews at the end of each monthly billing period unless you cancel
• Before the end of your initial 12-month period, we will send you a renewal reminder at least 40 business days but no more than 80 business days in advance, as required by CPA Section 14(2)(a)
• After the initial 12-month period, your subscription continues on a month-to-month basis. You may cancel at any time with 20 business days' notice as provided for in CPA Section 14(2)(b)(bb)
• Cancellation takes effect at the end of your current billing period. No refunds for partial months.

9.4 Price Changes

We may change subscription prices with at least 30 days' written notice (by email). If you don't agree with a price change, you can cancel before the new price takes effect. Continuing your subscription after a price change means you accept the new price.

9.5 Cooling-Off Period (CPA Section 16 and ECTA Section 44)

If you subscribed through direct marketing (including online sign-up prompted by a marketing email, push notification, or advertisement):

• You have the right to cancel within 5 business days of subscribing, without penalty and without giving a reason (CPA Section 16)
• You also have the right to cancel within 7 days of the transaction for any electronic transaction (ECTA Section 44)
• To exercise this right, email legal@vibe-ly.net within the applicable period. We'll process a full refund within 15 business days.

9.6 Feature Access

• Features included in each tier are described in the app and on our website
• We may update features within a tier. If we remove a material feature from your tier, we'll give you 30 days' notice and you can cancel without penalty.
• We reserve the right to restrict access if usage is excessive, automated, or abusive

9.7 Venue Owner Data

As a venue owner, you'll have access to anonymised, aggregated data about your venue's performance (check-in volumes, popularity trends, peak times). This data does not include any personally identifiable information about individual users.

If you subscribe to Vibely Plus as an individual user:

10.1 Pricing

• Weekly: R15
• Monthly: R59
• Annual: R499 (save ~30%)

All prices are in South African Rand (ZAR) and are inclusive of VAT where applicable.

10.2 Free Trial

New subscribers may be offered a 7-day free trial. No charge is made during the trial period. If you do not cancel before the trial ends, your subscription begins automatically at the applicable price. You can cancel at any time in your account settings or through the relevant app store.

10.3 Billing

Subscriptions purchased through the Apple App Store or Google Play are subject to those platforms' billing terms and refund policies. Subscriptions purchased directly through vibe-ly.net are billed via Stripe and subject to the venue owner billing terms in Section 9.2 above, adapted for consumer use.

10.4 Cancellation

You can cancel your Vibely Plus subscription at any time. Cancellation takes effect at the end of your current billing period. You retain access to Plus features until then. No partial-period refunds.

Vibely, including its design, code, branding, AI-generated content, and all original material, belongs to Vibely Studio and is protected by South African intellectual property law.

You can't copy, modify, distribute, sell, or create derivative works from any part of Vibely without our written permission.

The Vibely name, logo, and related marks are trademarks of Vibely Studio. Unauthorised use is prohibited.

Your privacy matters. Our Privacy Policy (available at https://vibe-ly.net/privacy) explains what data we collect, how we use it, and your rights under POPIA.

By using Vibely, you acknowledge that you've read and understood our Privacy Policy. The Privacy Policy forms part of these terms.

Our website at vibe-ly.net uses cookies as described in our Privacy Policy (Section 13). When you first visit the site, you'll be asked to manage your cookie preferences. Essential cookies are always active. Analytics cookies require your consent.

You can update your cookie preferences at any time using the “Cookie settings” link in the site footer.

Vibely integrates with third-party services:

• Google, Apple, Facebook — for sign-in authentication
• OpenStreetMap, Overture Maps, Foursquare, Geoapify — for venue data
• Google Gemini — for AI venue enrichment
• Sentry — for crash reporting
• freeRASP — for runtime security
• Stripe — for payment processing (web subscriptions)

These services have their own terms and privacy policies. We're not responsible for how they handle data that passes through their systems. We maintain data processing agreements with all providers that handle personal data.

We aim to keep Vibely available and reliable, but we don't guarantee uninterrupted or error-free service. We may:

• Perform scheduled maintenance (we'll try to give advance notice)
• Update, modify, or discontinue features at any time
• Temporarily suspend the service for technical reasons

For major changes that materially affect your use of Vibely, we'll give at least 14 days' notice. For routine updates and improvements, we'll just ship them.

To the maximum extent permitted by South African law, including the Consumer Protection Act, 2008:

• Vibely is provided “as is” and “as available”. We don't make warranties about the accuracy, reliability, availability, or completeness of venue information or any other content.
• We're not liable for indirect, incidental, special, or consequential damages arising from your use of Vibely, including lost profits, lost data, or business interruption.
• Our total aggregate liability for any claim related to Vibely is limited to the greater of: (a) the amount you've paid us in the 12 months before the claim arose, or (b) R500.

Nothing in these terms excludes or limits liability that cannot be excluded by law, including liability for fraud or intentional misconduct, gross negligence, death or personal injury caused by our negligence, or any liability that the CPA prohibits from being excluded.

You agree to indemnify and hold harmless Vibely Studio, its founders, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your violation of these terms, content you post on Vibely, your misuse of the platform, or your infringement of any third party's rights.

These terms are governed by the laws of the Republic of South Africa.

If a dispute arises:

• Contact us first — email legal@vibe-ly.net. Most issues can be resolved informally.
• Mediation — if informal resolution fails, we agree to attempt mediation through a mutually agreed mediator before pursuing litigation.
• Jurisdiction — if mediation fails, disputes will be submitted to the courts of the Republic of South Africa.

Nothing in this section prevents you from exercising your rights under the Consumer Protection Act, including your right to approach the National Consumer Commission, a provincial consumer court, or an alternative dispute resolution agent.

We process personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA). Full details are in our Privacy Policy at https://vibe-ly.net/privacy.

You have the right to access, correct, and delete your personal information, to object to processing, and to lodge a complaint with the Information Regulator of South Africa.

• Physical address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
• Email: inforeg@justice.gov.za
• Website: https://inforegulator.org.za

By using Vibely and accepting these terms, you consent to receiving electronic communications from us (email, in-app notifications) for transactional purposes. This constitutes valid communication under the Electronic Communications and Transactions Act, 2002.

You confirm that:

• You had the opportunity to review these terms before accepting them
• You can store and reproduce these terms for future reference (they are available at https://vibe-ly.net/terms at all times)
• You accept these terms voluntarily

We will only send you marketing communications with your prior opt-in consent, as required by POPIA Section 69. You can opt out of marketing at any time. See our Privacy Policy Section 8 for details.

22.1 By you

You can delete your account at any time through the app's settings or by emailing privacy@vibe-ly.net. On deletion:

• Your account is deactivated immediately
• We use reasonable efforts to permanently delete your personal data within 30 days, and in all cases no later than 60 days
• Locally cached data is cleared on logout
• For venue owners: your subscription is cancelled at the end of the current billing period. No refund for the current month.

22.2 By us

We may suspend or terminate your account if:

• You breach these terms
• You engage in fraudulent or abusive activity
• We are required to do so by law
• We discontinue the service (with at least 30 days' notice)

If we terminate your account, we'll notify you by email with the reason. If termination is due to our decision to discontinue the service (not your breach), venue owner subscriptions will be refunded pro-rata for unused time.

We may update these terms from time to time. If we make material changes:

• We'll notify you through the app and by email at least 14 days before they take effect
• The updated terms will be posted at https://vibe-ly.net/terms
• The “Last updated” date at the top will be revised

Continuing to use Vibely after changes take effect means you accept the updated terms. If you don't agree, stop using the app and delete your account before the changes take effect.

• Entire agreement — these terms, together with the Privacy Policy, constitute the entire agreement between you and Vibely Studio regarding your use of Vibely.
• Severability — if any provision of these terms is found to be unenforceable, the remaining provisions remain in full force and effect.
• No waiver — our failure to enforce any right or provision does not constitute a waiver of that right or provision.
• Assignment — we may assign our rights and obligations to a successor entity. You may not assign your rights without our written consent.
• Force majeure — we are not liable for delays or failures resulting from events beyond our reasonable control.

For clarity, key terms used in these terms and the Privacy Policy:

• Personal information — any information that can identify you directly or indirectly
• Processing — any operation performed on personal information
• Responsible party — Vibely Studio, the entity that decides how and why your personal information is processed
• Operator — a third-party service provider that processes personal information on our behalf
• Data processing agreement (DPA) — a contract between us and an operator that sets rules for how they handle your data
• Standard Contractual Clauses (SCCs) — legally approved contract terms for transferring personal data internationally
• Pseudonymised — personal information processed so it can no longer be linked to you without additional information kept separately
• Anonymised — information processed so it can never be linked back to you, even with additional data

Vibely Studio
Registration No. 2026/248424/07
Email: legal@vibe-ly.net
Privacy: privacy@vibe-ly.net
Information Officer: Luka Mladjenovic — informationofficer@vibe-ly.net
Website: https://vibe-ly.net