Vibelton provides services that aim to help companies market their product, brand or service.
The services are available at https://www.vibelton.com and via our webclient applications (hereinafter “Vibelton System”).
These Terms of Use govern your use of our services and the Vibelton System.
The term “User” or “you” refers to the legal entity that has concluded an agreement with us (including the person acting on its behalf) and has accepted these Terms of Use (hereinafter “Terms”). By accepting the Terms and using our services, the User confirms having carefully read the Terms. Your agreement with us, any service orders and these Terms are jointly referred to as the “Contract”.
Vibelton provides through the Vibelton System services for all companies in need of better advertising.
The Service available via the Vibelton System consists of modules with various functionalities.
submit accurate data in the process of registration and use a valid e-mail address;
ensure that any information provided in the process of using the Service and Vibelton System is not false, misleading, or inaccurate, does not infringe any rights of third parties (including intellectual property rights) and is not contrary to applicable law and good practices;
keep the login credentials (including password) set for the Vibelton System so that they are kept secret and beyond the reach of any third persons;
notify us about promptly of any information and circumstances that may have changed vis-à-vis what was provided upon registration as a User of the Vibelton System;
notify us promptly if the password or other credentials set for using the Vibelton System have been lost or come into possession of unauthorised persons.
using the Vibelton System to commit fraud or for any other unlawful purpose;
uploading or communicating any viruses or malware of any other type that is or could be used in a manner affecting the functionality or performance of the Vibelton System ;
creating a user account on the Vibelton System, if this is not connected with the User’s economic and professional activities, inter alia, Users are prohibited from creating a Vibelton System user account as a consumer.
We may restrict or cancel at our sole discretion the User’s access to the Vibelton System, if:
the User has committed a material breach of the Contract or has not remedied any breach within a reasonable term given by us;
upon registration as a user, or the use of the Vibelton System, the User has provided information, which is illegal, false, misleading, and/or inaccurate;
in case of any other occurrences which cause us to doubt the User’s reliability.
We have the right to monitor the User’s activity on the Vibelton System at any time. We may investigate all alleged violations of the Contract, using any means afforded for this purpose by law.
Any and all intellectual property rights relating to the Vibelton System belong to Vibelton. During the validity of the Contract you shall have the right to use the Vibelton System.
The User shall ensure and guarantee that by using the Vibelton System the User does not violate our intellectual property rights. Otherwise, the User shall compensate for any damages and other expenses caused by such violation.
Any intellectual property belonging to the User and that is part of the content provided by the User via the Vibelton System shall remain the property of the User, however you grant us the right to use such content:
for the provision of the Service to you;
as input data to machine learning model(s) that enable the possibility of providing and improving the Service.
The User gives us the right to disclose the name of the User’s company as the user of our Service for marketing purposes. The User may revoke said right at any time by sending Vibelton a respective written notice.
Currently Vibelton does not offer any paid services.
Vibelton may provide up to 0.5h of free support per each site to Users for solving problems and issues which might occur during the use of the Vibelton System and Service. To access the support service, the User must contact Vibelton via e-mail support@advertis.atlassian.net or the chat provided on the Vibelton System and describe the problem or malfunction that has occurred. When using the live chat, the User acknowledges that if Vibelton cannot respond immediately, then Vibelton will contact the User by telephone or e-mail address previously specified by the User.
Vibelton provides the support service (by live chat or e-mail) during our regular business hours from Monday to Friday, except for national holidays.
We do not guarantee that the response we provide is sufficient and exhaustive. Vibelton will do its best to respond to the User's messages as accurately as quickly as reasonably possible.
The free support service does not cover answering content-related questions that might occur when the Vibelton System is used; that is, within the scope of the free support service, Vibelton provides help in solving various malfunctions in the Vibelton System and helps Users navigate the Vibelton System.
The content, Services, and functionalities made available by us through the Vibelton System or in connection therewith, incl. the software is provided on an ‘as is’ and ‘as available basis, without any express or implied warranties.
We do not warrant or guarantee that the Vibelton System is compatible with any hardware and software used by the User, is always available or available at any given moment, functions at all times without interruptions, is secure or free of faults, meets your every need.
Vibelton is not responsible for any failures or interruptions of the Service or the Vibelton System but shall do their best to ensure that any failure or interruption is addressed promptly, and the functioning of the Service and the Vibelton System is arranged as promptly as possible. Vibelton shall remedy any urgent failures in the functioning of the Service that make the use of the Service or the Vibelton System impossible, within one (1) working day or, if this is impossible for technical reasons, Vibelton shall notify the User when the Service and Vibelton System becomes functional again. Any other failures that do not make the Service or Vibelton System unusable (e.g. some of the functionalities of the Services do not function properly, there are problems with speed) will be remedied by Vibelton within a reasonable period of time, depending on the nature of the problem.
To the maximum extent that is permissible under applicable law any liability of Vibelton is excluded or limited.
The User agrees to compensate us for any costs, damages, claims, and expenses (incl. legal expenses) that directly or indirectly arise from any breach of the Contract or any applicable legislation by the User.
The legal relationship between us and the User, which arises from accepting these Terms, is of an unlimited term.
Vibelton and the User may affect standard termination of the legal relationship at any time, by serving the other party a respective notice.
Vibelton may effect extraordinary termination of the Contract without prior notice if it becomes evident that the User has committed a material breach of the Contract, in particular the provisions of section 2 of the Terms, or has failed to remedy any breach of the Contract within 10 days after having received a respective notice from us. In this case, the User will not be refunded any prepaid fees.
Users who have opted for the annual Service package may claim a refund of the prepaid fees only if they terminate the Contract within 1 month after its conclusion. If a User who has contracted the annual Service package terminates the Contract after 1 month has passed from the conclusion thereof, then no prepaid fees are refunded and the User retains the right to continue using the Vibelton System until the end of the prepaid period.
Users who have opted for the monthly Service package will not be refunded the prepaid fees, and the User may continue using the Vibelton System until the end of the prepaid period.
If Vibelton terminates the Contract in the case referred to in subsection 7.2 of the Terms, the User may claim a refund of the prepaid services in the amount equalling the fee calculated from the date of termination of the Contract, until the date when the prepaid period expires.
In cases referred to in subsections 7.2 and 7.3 of the Terms, Vibelton will close the User’s user account, and the User’s access to the user account is terminated, but any data entered into the Vibelton System for the purpose of providing the Service (other than personal data) will be retained for statistical purposes.
We may amend the Terms unilaterally from time to time if this is needed to comply with statutory requirements or to reflect changes in our Services or Vibelton System, changes in our business model or other similar circumstances. Any amendments to the Terms will enter into effect after you have made available to you by e-mail, the Vibelton application, or the Vibelton System user account, and you have continued using the Service.
To amend the Terms, we shall publish the amended version of the Terms on the Vibelton website, and give you at least 14 (fourteen) days’ advance notice. If you continue using the Service after 14 (fourteen) days from receiving said notice, you shall be deemed to have accepted the amended Terms.
The legal relationships between us and the User, arising from the Contract or the use of the Vibelton System and our Service, shall be governed by laws of the Republic of Estonia.
The Parties shall attempt to settle any disputes by negotiations. Failing an agreement, the dispute shall be settled by Harju County Court (Estonia).
Estonia Pärna tn 8 80014 Pärnu Advertis OÜ