Terms of Service

These Terms of Service ("Terms") govern your use of the website vibing.inc and the services delivered by the Vibing Company® ("we", "us", "our"), a sole proprietorship of Jonathan Osburg, St.-Klara-Str. 7A, 82377 Penzberg, Germany. By engaging us, you ("Client") accept these Terms.

We provide personalized design, development, advisory, rescue and migration services. The shape, timing, deliverables and commercial terms of each engagement are agreed with the Client before work begins.

The exact scope of each engagement is the one shown at checkout and confirmed in the intake conversation. Anything not explicitly listed is out of scope.

If an engagement includes recurring work or billing, its cadence, scope and cancellation terms are stated in the proposal or agreement accepted by the Client. You may also write to jon@vibing.inc with questions.

Unused capacity, revisions and deliverables are handled according to the agreed proposal.

Project engagements begin after the agreed payment and required information have been received. Any estimated timing assumes timely Client cooperation, including access, content and approvals.

All payments are processed by Stripe. Prices are shown in USD and exclude applicable taxes unless stated. Where Stripe Tax applies to your jurisdiction, the correct tax is calculated and shown at checkout.

Operator is a small business per § 19 UStG and does not charge German VAT on its own invoices.

You agree to:

• — Provide accurate contact and billing details
• — Grant the access we reasonably need (repository, hosting, accounts)
• — Respond to questions and approvals in a timely manner
• — Own (or have the right to use) any content and assets you supply
• — Use the services lawfully and not for prohibited content (see § 12)

On full payment of the relevant invoice, you receive a worldwide, perpetual licence to use the deliverables produced for you in your business. Pre-existing tools, libraries, internal templates, and know-how we use to deliver remain ours. We may reference the engagement and show non-confidential work in our portfolio unless you ask us in writing not to.

Both sides agree to keep non-public information shared during the engagement confidential and to use it only to deliver the services. This obligation survives termination.

We deliver the services with professional care and skill. To the maximum extent permitted by law, the services are otherwise provided "as is" without further warranty of any kind, including merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the services will be uninterrupted, error-free, or meet specific business outcomes.

To the maximum extent permitted by applicable law, our total liability for any claim arising from or related to the services is limited to the amounts paid by you to us during the three (3) months preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Nothing in these Terms excludes liability that cannot be excluded by law (including liability for intent or gross negligence, injury to life, body, or health).

Refund eligibility and cancellation are described in our Refund Policy, which forms part of these Terms.

We do not work on projects that promote illegal activity, harassment, hateful content, adult content involving minors, weapons, surveillance of individuals without consent, or anything that violates Stripe's acceptable-use policy. We may decline or terminate any engagement that, in our reasonable judgement, falls into these categories.

Either party may terminate an ongoing engagement according to its agreement. We may suspend or terminate immediately if you breach these Terms, fail to pay, or use the services in violation of § 12. On termination we hand over completed deliverables and stop billing future periods.

We may update these Terms as the service evolves. Material changes will be announced on this page with a new "Last updated" date and, for active subscribers, notified by email before they take effect where applicable.

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Exclusive place of jurisdiction for disputes with merchants is Munich, Germany. Mandatory consumer protection rights remain unaffected.

Questions about these Terms: jon@vibing.inc.