VYBS Terms of Use
Updated: May 19th, 2026
These terms of use (“Terms”) constitute a legally binding agreement between by VYBS Entertainment Ltd. (“VYBS” “we”“us” or “our”) and yourself (“you”) which govern your access and use of (i) our website, and/or any of our other websites or landing pages (collectively, “Website”); (ii) our mobile applications available on iOS, Play Store or otherwise through APK or other marketplace available (“App(s)”); and (iii) our programs, promotions or other offers we may create or operate from time to time and make available through the App (“Services”).
These Terms further incorporate and should be read in conjunction with our Privacy Policy, and any additional terms, policies and/or guidelines which are incorporated into these Terms by reference, and constitute an integral part thereof.
ACCEPTANCE OF THE TERMS: PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING OR USING THE APPS, SERVICES AND WEBSITE. YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND VYBS. WHEN INSTALLING AND USING THE APPS, SERVICES AND WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, AS WELL AS TO USE THE APPS, WEBSITE AND THE SERVICES OFFERED THEREIN ACCORDING TO THE PROVISIONS SET FORTH HEREIN, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE APPS, WEBSITE AND SERVICES. IN THE EVENT YOU DO NOT AGREE WITH THE PROVISIONS OF THESE TERMS, OR ANY PART HEREOF, YOU SHOULD CEASE ALL USE OF THE APPS, SERVICES, WEBSITE, AND UNINSTALL THE APP.
CLASS ACTION WAIVER AND ARBITRATION NOTICE: THESE TERMS ARE SUBJECT TO A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS, AS DETAILED BELOW. YOU AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN BETWEEN YOU AND VYBS OR MAY ARISE PURSUANT TO THESE TERMS OR THE USE OF THE SERVICES, WILL BE RESOLVED IN ACCORDANCE WITH THE PROCEDURE BELOW AS DETAILED IN SECTION 16.
Certain laws require some notices to be provided in writing. By using our Website and Apps, you understand that most communications are delivered electronically. Accordingly, we may contact you by email or by posting notices on the Website or Apps. You agree to receiving communications by electronic means and acknowledge that such communications satisfy any legal requirement that they be in writing.
1. AGE LIMITATION AND ELIGIBILITY
You hereby represent and warrant that you are a human (not bot or AI), at least 18 years old (or have otherwise attained the age of legal majority in your jurisdiction) and eligible to enter into and be bound by these Terms. You further represent and warrant that you are not prohibited by any authorized authority, judicial order, or law to enter into any agreement.
2. AMENDMENTS TO THESE TERMS
We reserve the right to periodically amend or revise these Terms, at our discretion. Such amendments shall be effective as of the “Last Updated” heading located at the top of these Terms. We will use commercially reasonable efforts to notify you by posting a written notification through the App (pop notification or otherwise an electronic msg) or by other applicable means of communication, if, at our discretion, the changes made are material or if we are required by law. While your continued use of our Services, App or the Website means that you agree with the applicable changes, we may from time to time ask you to affirmatively accept updates to these Terms if we make material changes. If you do not agree with the changes, your only remedy is to discontinue your use of the App and Services and/or the Website, and where applicable, to terminate any Account you have created.
3. WEBSITE AND CONTENT
3.1 The Website provides basic information regarding our business operations and Services, as well as communication channels, to contact us with any questions or interest in our Services. Any information made available on the Website or our digital campaigns promoting this Website and our Services or business operations (including but not limited to business description, commercial information, technical information, text, images, videos, logos, trademarks, domain names, and designs, collectively, the "Content") is provided for general informational and/or illustrative purposes only and does not constitute any representation, warranty, or commitment on behalf of the Company. The Company will not be liable for any inaccuracies, errors, or discrepancies, and you should not rely on the Content when engaging with VYBS.
3.2 We may, at any time and at our sole discretion, modify, correct, amend, or otherwise make changes to our Website and the Content. Furthermore, we may, at any time, temporarily or permanently discontinue the operation of the Website.
4. REGISTRATION AND USER ACCOUNT
4.1 To access or use certain features of the Apps and Services, you may be required to register and create an account ("Account"), which may be available by signing in through your account on a third-party platform supported by the App (e.g., Facebook, Google or Apple). You are solely responsible for all activities conducted through your Account, regardless of whether or not such activities are authorized by you. You may not share your login credentials, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. If you become aware of, or have reason to suspect, any security breach related to your Account you must promptly notify us and update your login credentials. If you create your Account using your account on a third-party platform, certain information you provide or that is available through such platform (subject to its operator’s terms and conditions). You must provide accurate and complete information when registering your Account and promptly update any changes to your information (including contact details). Each user shall only be permitted to create one Account and use this one Account across all its devices. You agree not to misrepresent your identity or age, nor to create an Account on behalf of anyone other than yourself or use any information or accounts you are not authorized to use. If you have reason to believe that your Account is no longer secure, please contact us immediately at:info@vybs.co.
4.2 In addition, you shall not: (i) create multiple Accounts, unless VYBS makes an exception for certain parts of the Services; (ii) transfer or sell your Account to any third-party; (iii) access or use your Account for any purpose other than personal use (and not for any business or commercial purpose); (iv) use a VPN, proxy or any other means to obscure the true source of traffic or your location when using the Services; or (v) use any element of the Services in a Sanctioned Country (as defined below).
4.3 Please note that we may use the information you provide us with during the registration process or otherwise through our Website or Apps, to send you certain marketing materials and operational or support messages. You may unsubscribe from these messages at any time. If you unsubscribe from marketing messages, you may still receive service-related messages that are permitted by law (for example, for security or Account-related purposes). Any information processed through such channels is subject to our Privacy Policy.
4.4 In order to comply with our AML and KYC policies as well as with applicable laws, we may require you, upon registration or at any time during your use of the Services or prior to such usage, to provide additional information (e.g., name, age, gender, and contact details) and documentation (e.g., government issued ID, utility bills, etc.), as a condition of using the Services or any part thereof (including, for example, as a condition for withdrawing any amounts from your Account), as part of our ongoing efforts to prevent illegal and fraudulent activities, and/or to comply with any other policies we may elect or be obligated to put in place from time to time. We will use such information only in accordance with our Privacy Policy.
4.5 Subject to applicable laws, we reserve the right to terminate, block and suspend any Account, as well as remove or reclaim any username at any time and for any reason, including but not limited to breach or suspected breach of these Terms or any third party’s rights, without liability to you, including for any data loss.
5. REWARDS PROGRAMS
5.1 VYBS offers reward programs under which users can earn V Points that are redeemable for Rewards (as both are defined below) (“Rewards Program(s)”) subject to participation in various activities, such as playing games recommended on the App, reaching gameplay progression milestones, purchasing virtual goods, participating in virtual events, completing tasks (such as surveys, inviting a friend etc.) (“Activity”, or collectively, “Activities”). Each Reward Program or other promotions (such as rebate and cashback promotions) may include additional terms that apply to the Activity or Reward and are presented to you, posted on our App or Website, or otherwise notified from time to time.
“Rewards” include third party merchant gift cards or cash gift card which enable you to reimburse your PayPal account, Venmo account or Visa account (both shall be defined herein as “Gift Card”), content codes, coupons, game tokens or other rewards, all which are provided by third party merchants and vendors (“Merchant”) and subject to the Reward Program terms. Rewards are subject to additional terms or rules which are provided by VYBS or the Merchant, as applicable. Certain Rewards may have a minimum threshold which will be reflected prior to your choice to redeem.“V Points"” shall refer to the value earned under the applicable Reward Program, in consideration of the applicable participation in an Activity. In each case, the value of V Points for the purpose of being redeemed for Rewards will be applied against the pre-tax purchase amount, or any other applicable costs (such as handling charges).
5.2 The number of V Points earned for Activities varies and is not the same for all users. Different users may receive different amounts of V Points, even for identical Activities or interactions. We may set rates or multipliers at which V Points accumulate (“V Points Multiplier”). The V Points Multiplier may change from time to time or from user to user, is personal to each user and is determined based on how each user interacts with different Activities and may increase or reduce the amount of any Reward granted or made available in connection with the applicable Activity. The V Points Multiplier applicable to each Activity is unique, may change from time to time, and can be found on the relevant Activity screen.
5.3 Upon satisfying all of the requirements of an Activity, you will be awarded the V Points associated with completing that Activity. Your ability to accumulate V Points may be dependent on our ability to: (i) receive confirmation about your Activities from our third-party partners that offer the games and/or the other activities in which you can participate and earn V Points (“Partners”); and (ii) track your activity on our Services in order to verify that you have completed Activities, through permissions in your device settings or third party tracking tool.
5.4 Please note that there may be a technical delay between the time on which a user performs any action in any Activity and the time on which the applicable Partner sends the relevant data to VYBS, which means that V Points awarded in the applicable Activity might show up in your Account at a later stage and not immediately after you earn them.
5.5 There may be limitations on Activities and Rewards, so please be sure to review all applicable policies and terms before deciding whether or not you would like to participate (for example, we reserve the right to request receipts of completed purchases prior to or after the awarding of V Points to verify with the applicable Partner that such purchases are valid and that you did not request a refund or chargeback). Limitations on Activities and Rewards include, without limitation: (i) your ability to participate in certain Activities or the Rewards Program itself; (ii) the allowable frequency of Activities (e.g., once per user, once per month, etc.); (iii) the number of V Points you can earn for a given Activity or during a given time period; (v) the Activities or Rewards available to you; or (vi) the number of V Points required for redemption of a particular Reward. All information related to the methods and any other rules concerning how to obtain V Points (such as the specific requirements to earn V Points or restrictions related to participation in any Activity) will be posted within the App prior to choosing participation in the Activity, or available herein in the Terms.
5.6 By providing Services, we may promote and advertise Activities (including games) developed or offered by our Partners. We do not control or take responsibility for such Activities, their operation, results, or the content and features provided through them. The promotion of any such Activities does not indicate any approval or endorsement by VYBS of any content or material contained within such activities. We disclaim all liability for your use or participation in such Activities, and for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages arising from any use or participation in such Activities. These limitations shall apply even if VYBS has been advised of the possibility of such damages.
5.7 V Points earned are only redeemable within the Rewards Program in which they were earned, and only in the manner(s) made available to you in the App (e.g., by redeeming points for a gift card, coupon, etc.). V Points are not your personal property, and are not descendible, may not be inherited, bartered, redeemed for cash or sold to any third party. V Points are promotional only and have no “real value” (i.e. cannot be used in the real world). The only way to use V Points is to redeem them for Rewards through the Rewards Tab in the App. You hereby acknowledge and agree that your ability to redeem the V Points is subject to Partners acceptance and payment or approval of the Activity. Meaning, in any case the Partners do not approve the Activity, you will not receive the V Points. You further acknowledge that where you request to redeem the V Points there might be a certain processing fee applied by the Merchant which will be disclosed to you prior to the redemption. For example, where you wish to redeem your V Points for cash gift card reward you may be subject to transfer fees (usually, up to 2% of the total value).
5.8 While VYBS may use terms like "buy", "purchase", "earn", "currency", “$”, “Dollar” etc. to reference V Points, such terms are being used for convenience purposes only and they do not indicate that VYBS is offering any real-world currency. Regardless of whether they are expressed as points or dollar amounts, V Points have no cash, monetary, or other value and are only redeemable for Gift Cards or other prizes or redemption methods as may be offered by the Rewards from time to time.
5.9 Unless otherwise provided by VYBS with respect to any specific promotion, activity, etc., you may redeem V Points for Rewards with an aggregate value of up to US$ 550 (or the equivalent in local currency) per calendar year. If you earn any Points exceeding the 550$ limit, you will be able to use such points in the following calendar year. ANY V POINTS THAT HAVE NOT BEEN REDEEMED FOR ONE (1) YEAR FROM THE TIME SUCH V POINTS WERE EARNED MAY BE DEEMED EXPIRED AND RETAINED BY VYBS. WE MAY MODIFY OUR V POINTS EXPIRATION RULES AND POLICIES FROM TIME TO TIME, BY PROVIDING WRITTEN NOTICE THROUGH THE APP, AND IF YOUR V POINTS EXPIRE PURSUANT TO SUCH THEN-CURRENT RULES OR POLICIES, WE MAY REMOVE AND RETAIN SUCH V POINTS FROM YOUR ACCOUNT, WITHOUT ANY COMPENSATION OR FURTHER OBLIGATION TO YOU REGARDING THE EXPIRED V POINTS.
5.10 V Points created by the use of a paid point booster by fraudulent or automated means (including, without limitation, use of scripts, web-crawlers, bots, or unconfirmed/non-commissioned purchases) will have no value and are not eligible for any award, reward regardless of the means used to accrue the V Points. V Points and Rewards are non-transferable and are void if a transfer is attempted. V Points and/or Rewards may not be bartered or sold. V Points and/or the Accounts are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
5.11 You acknowledge and agree that we do not have the ability to determine whether or not the V Points you redeem (as Gift Cards) through your Account are considered reportable taxable earnings in your jurisdiction. You are therefore responsible for any and all tax liability arising from, or associated with, your use of the Services, including liability arising from your accrual of Rewards or your redemption of V Points. As a condition of your continued use of the Services, we reserve the right to require you to provide necessary tax reporting information if our records show that you are, or may be, required to report the value of cash rewards to an appropriate tax authority. You will find your full Rewards history is available to you in your Account. We encourage you, as it is your responsibility, to seek advice of a tax expert to determine the tax consequences of your use of the Service, and any associated cash rewards earned or redeemed.
5.12 Subject to applicable laws, we reserve the right to change, suspend, or cancel all or a portion of a Rewards Program at any time and without prior notice, including any points you may have accrued, its value, redemption options, or eligibility criteria, and for a duration to be determined in our sole and absolute discretion.
6. OTHER PROMOTIONS
6.1 VYBS may from time to time, at its sole discretion, run promotions, sweepstakes, spin the wheel, referral programs or other activities (collectively, “Promotions”), including, offering bonus V Points, limited-time offers related to in-game activities (such as reaching certain gameplay milestones), or other incentives for actions performed by users.
6.2 Certain Promotions may be available in specific jurisdictions only for regulatory or other reasons (e.g., sweepstakes are offered where applicable laws permit them), including at VYBS’ sole discretion. Each such Promotion (and the V Points earned through Promotions) may be subject to specific terms and conditions which will apply in addition to these Terms, and will be presented to you, posted on our App or Website (“Promotion Terms”). It is your responsibility to read and comply with the Promotion Terms.
6.3 VYBS may offer referral programs (as a Promotion) in certain locations. Participants in our referral programs will receive a unique referral link that can be shared with invitees to sign up to VYBS App. In such case, the participants are solely responsible for obtaining the necessary legal authorization and rights to share such referral link with their invitees. Once an invitee successfully creates an Account and reaches a certain required gameplay progress, the referring user will be rewarded with bonus V Points in accordance with the program description and terms.
7. RESTRICTIONS OF USE
7.1 You agree to use the App and Service only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). Subject to your compliance with these Terms, VYBS hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use the App and Services solely as provided herein.
7.2 You may not: (i) copy, modify or create derivative works based on the App, Website or the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the App, Website or Services to any third party; (iii) reverse engineer, decompile or disassemble the App, Website or the Services; (iv) use the App, Services or the Website in such a way that might probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures, access or search or attempt to use, exploit, access or search the Services by any means (automated or otherwise, including without limitations through the usage of any bots or similar programs); (v) interfere with, or disrupt (or attempt to do so), the Services or the access of any user, host or network, to the App, Services and/or the Website; (vi) send any unsolicited or unauthorized advertising, promotional materials, email, WhatsApp, sms, junk mail, spam, chain letters or other form of solicitation; (vii) use the App, Services and/or the Website, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not specifically permitted by these Terms.
7.3 Without derogating from the generality of the above, you may not engage in or participate in any behavior or conduct that may be deemed to be, in VYBS’ sole and absolute discretion, as unfair methods of participation, including without limitations, by opening or using multiple Accounts, using temporary phone numbers or rooted phones, buying or selling Accounts or granting other third parties (or receiving from other third parties) access to an Account, using any software not specifically approved by VYBS to enhance or assist your use of the Services, intentionally poor or otherwise not honest play in order to achieve a competitive advantage. Additionally, any actions intended to gain an unfair advantage are strictly prohibited (such as dishonest gameplay, memory instrumentation, game hacking tools, game modifications, automation tools, auto-clickers, data editing, emulators, VPNs, proxy software, GPS spoofing, or colluding with other users).
7.4 Any Account or user that appears to operate in violation of these Terms or criminal laws may be reported to the relevant authorities for fraudulent activity. In such cases, VYBS may also investigate and take action, including but not limited to cancelling V Points, suspending access to the Services or to V Points or Rewards, or permanently blocking an Account (subject to prior notice if required under applicable law). Such Account(s) shall revert to or become the sole property of VYBS, including but not limited to any virtual currency or any points, prizes, awards or credits, regardless of monetary value, except to the extent prohibited by applicable law.
8. MODIFICATIONS TO THE APP
VYBS, at its sole discretion, and subject to these Terms, is entitled to determine the features, settings, or other tools which are available as a part of the App and Services (including the Reward Programs, V Points, or type of Activities), or modify, correct, amend, update, upgrade, enhance, improve, remove, replace or make any other changes to, or discontinue, or cease, temporarily or permanently, any features or functionalities of the App and Services, with or without notice, without incurring any liability to you.
9. INTELLECTUAL PROPERTY
9.1 Except as expressly stated under these Terms, we or our licensor reserve all rights (including, without limitation, all intellectual property rights) in and to the Apps, Website, and Services, including trademarks, images, service marks, components, code, protocols, graphic design, software and documentation as well as any derivatives thereof or improvements and modifications, which shall at all times remain our property or the property of our licensors. VYBS owns copyright in the selection, coordination, arrangement, and enhancement of any such content, as well as in the content original to it. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the Apps, Website, and Services.
9.2 Except if expressly permitted by applicable law, no copying, reproduction, modification, public communication, assignment, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of VYBS and the copyright owner (if different from VYBS).
9.3 By submitting any feedback to VYBS (e.g., questions, comments, suggestions or the like) (“Feedback”), you represent and warrant that (i) you have the right to submit such Feedback, (ii) such Feedback does not violate the rights of any third-party, and (iii) such Feedback does not contain confidential or proprietary information of any third-party. You hereby grant VYBS an irrevocable, unlimited, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, create derivative works, publish, distribute or sublicense such Feedback, and hereby irrevocably waive any claims of any moral rights that you may have in respect thereto. VYBS may use the Feedback at its sole discretion, including without limitation, for commercial use.
9.4 We respect the intellectual property rights of others and ask that you do, as well. We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”) and similar or equivalent other local laws that may apply. We reserve the right to terminate any user’s access to the Services if we determine that the user is a “repeat infringer.” We do not have to notify the user before we do this.
10. DISCLAIMER OF WARRANTIES
10.1 VYBS is not responsible for any improper fulfillment or non-fulfillment of any obligations by any Partner or by any other third-party. Please contact the relevant Partner or third-party if you encounter any problems with the activities offered hereunder. VYBS is not affiliated with or endorsed by any Partner or any other third-party (including by any provider of Rewards). Similarly, VYBS is not responsible for any lost, stolen, or malfunctioning Rewards, except to the extent caused by the proven gross negligence or willful misconduct of VYBS.
10.2 You may not use our Services if you are: (i) located in a country that is subject to embargo by the U.S. or other similar authority (“Sanctioned Country”), or (ii) subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury), the European Union or its Member States or other applicable government authority. Any violation of this Section may result in loss of features, up to and including termination of user’s Account and forfeiture of all accumulated V Points. User will indemnify VYBS for any costs, fines or damages incurred by VYBS due to user's failure to comply with this Section.
10.3 VYBS is not liable for any delay or failure to perform under these Terms resulting from causes genuinely beyond VYBS’ reasonable control, such as acts of God, war, government mandates, pandemics, failure of transportation, or communication.
10.4 THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND DEFECTS, WHETHER KNOWN OR UNKNOWN, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VYBS (ON ITS OWN BEHALF AND ON BEHALF OF EACH OF ITS AFFILIATES) EXPRESSLY DISCLAIMS (AND YOU HEREBY WAIVE) ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, APPS AND SERVICES, INCLUDING ALL (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT, (B) REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE ACCURACY, COMPLETENESS, AVAILABILITY, TIMELINESS, USEFULNESS, OR RELIABILITY OF THE SERVICES, APPS AND/OR WEBSITE (INCLUDING ANY CONTENT THEREON), AND (C) REPRESENTATIONS AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING ANY OF THE FOREGOING, VYBS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND THAT THE SERVICES, APPS AND/OR WEBSITE WILL MEET ANY OF YOUR REQUIREMENTS, ACHIEVE ANY RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEM, OR SERVICE, OR ARE UNINTERRUPTED, ACCURATE, FREE OF CONTENT ERRORS, VIRUSES, UNAUTHORIZED ACCESS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, SOFTWARE, DATA OR NETWORKS. VYBS WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY VIRUS, HARMFUL CODE, UNAUTHORIZED ACCESS, OR THIRD-PARTY MATERIAL (INCLUDING ANY ACTIVITIES). You are responsible for implementing sufficient procedures and controls to satisfy your particular security requirements.
11. LIMITATION OF LIABILITY
EXCEPT AS REQUIRED BY LAW, IN NO EVENT WILL VYBS, ANY OF ITS AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING BE RESPONSIBLE OR LIABLE FOR ANY KIND OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, APPS AND/OR WEBSITE, ACCESS ANY REWARDS, OR ANY THIRD PARTY SERVICES. DAMAGES UNDER THIS LIMITATION OF LIABILITY INCLUDE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY (INCLUDING DEATH OR EPILEPTIC SEIZURE TRIGGERED BY AN ADVERTISEMENT OF OUR SERVICES), PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR AN ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USER FURTHER AGREES THAT VYBS, ANY OF ITS AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING SHALL NOT BE LIABLE TO USER NOR TO ANY THIRD PARTY FOR ANY TERMINATION OF USER ACCESS TO THE SERVICES, APPS AND/OR WEBSITE OR DELETION OF USER DATA. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING CONSUMER PROTECTION LAW). UNDER NO CIRCUMSTANCE SHALL VYBS’ MAXIMUM LIABILITY IN CONNECTION WITH THESE TERMS IN THE AGGREGATE EXCEED THE GREATER OF: (A) THE AMOUNT ACTUALLY PAID BY YOU SPECIFICALLY FOR THE SERVICES; AND (B) $100.00. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY AND, SOLELY TO THE EXTENT NOT SO ALLOWED, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. You acknowledge and agree that the above exclusions and limitations of liability are reasonable in accordance with each of your and VYBS’ obligations and level of risk under these Terms. The limitation of liability does not apply to liability resulting from our gross negligence or willful misconduct.
12. INDEMNIFICATION
You agree to defend, indemnify and hold harmless VYBS and its affiliates, and their respective shareholders, officers, directors, employees, advisors, service providers, agents and other representatives, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses (including reasonable attorney’s fees) arising out or in connection with (i) your access to or use (or your inability to use) of any of the Services, Apps and/or Website including without limitation any abuse or wrongful use of the above, (ii) your infringement of any third-party rights including without limitation any intellectual property rights, data protection and privacy rights or consumer rights, or (iii) your violation of these Terms or any applicable laws and regulations.
13. TERM, SUSPENSION AND TERMINATION
13.1 You may terminate these Terms and your use of the Services at any time. If you wish to terminate your use of the Services, you may do so by simply stopping the use of the Services, deleting your Account, and uninstalling the App.
13.2 VYBS reserves the right to temporarily suspend or permanently terminate these Terms and your Account if: (i) we are required to do so to comply with a legal requirement (e.g. U.S. sanctions laws) or a court order; (ii) we believe with reason that there has been conduct that creates (or could create) liability or harm to VYBS or its affiliates, any other user or third-party; (iii) you materially or repeatedly breach these Terms; or (iv) we wind down or cease making the Services available.
13.3 If we cease providing the Services, we will notify you by email or through the App, and if practicable, we will provide you at least thirty (30) day notice to make a redemption request (subject to any minimum redemption amount or other applicable requirement). If you do not make a redemption request within such thirty (30) day period, your entire V Points balance will expire. If you cancel or inactivate your Account, any then-currently existing V Points will automatically expire upon cancellation or inactivation. It is your responsibility to make a redemption request (subject to any minimum redemption amount or other applicable requirement) before cancellation or inactivation.
13.4 In addition, we reserve the right to, with or without notice, terminate Inactive Accounts. An Account is deemed “Inactive” when: (i) no V Points have been earned or redeemed; and (ii) there has been no access or attempt to access the Services for more than 12-months (together “Inactive Accounts”). If the Inactive Account contains any V Points, they will be retained by VYBS.
13.5 Termination of these Terms by VYBS will not limit or restrict VYBS from pursuing any other remedies available to it, including seeking damages or injunctive relief. You acknowledge that you will not receive money or any other form of compensation for unused V Points when your Account is closed.
14. OUR PRIVACY PRACTICES
We respect our users' privacy rights. When you access and use our Services or App, we will collect, store and use certain information regarding you and your use of the Services. We will use and process personal data in accordance with our Privacy Policy, as may be updated from time to time.
15. JURISDICTION AND GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws applicable in Delaware, USA, without regard to its conflict of laws principles. For disputes not subject to Section 16 (Dispute Resolution by Binding Arbitration), any actions or claims brought under these Terms shall be brought before the competent state or federal courts located in Delaware, USA.
16. DISPUTE RESOLUTION BY BINDING ARBITRATION
16.1 These provisions under Section 16 apply to you if you are domiciled in or acquired and use the Services in the USA.
16.2 BY ACCEPTING THE TERMS YOU AND VYBS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE ANY AND ALL CONTROVERSIES, CLAIMS, AND DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR THE INTERPRETATION, PERFORMANCE, OR BREACH HEREOF, INCLUDING ALLEGED VIOLATIONS OF ANY STATE OR FEDERAL STATUTORY OR COMMON LAW RIGHT OR DUTY AND THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THESE TERMS TO ARBITRATE IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
16.3 ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM YOUR USE OF THE SITE AND THESE TERMS OF USE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
16.4 The arbitration will be by a single arbitrator administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
16.5 The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will have discretion to include the payment of your or our arbitration costs and legal fees in any award.
16.6 You may elect to pursue your claim in small claims court rather than arbitration if you provide us with written notice (via first class mail to the address set forth below) of your intention to do so within sixty (60) days after your registration for our Service. The arbitration or small claims court proceeding will be limited solely to your individual dispute or controversy.
16.7 You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR VYBS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
16.8 ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS AND SHALL BE DEEMED PERMANENTLY BARRED.
16.9 Notwithstanding anything to the contrary, in addition to any and all remedies available by law, VYBS shall be entitled to seek an injunction or other equitable remedies in all legal proceedings in the event of any threatened or actual violation by you of any of these Terms.
16.10 These binding arbitration provisions shall not apply to the extent prohibited by applicable law, and if any provision of this Section is found unenforceable in any final, non-appealable decision by a court of competent jurisdiction, the unenforceable provisions will be severed and the remaining arbitration terms will be enforced, and any portion of any claims or actions which may be resolved by arbitration shall be so resolved, subject to all enforceable provisions of this Section.
17. MISCELLANEOUS
17.1 These Terms constitute the entire understanding between you and VYBS regarding your use of the Website, Apps and Services. If any part of these Terms is determined to be invalid or unenforceable, such determination shall not affect the remaining provisions, which will remain valid and in full force. You may not assign or transfer any of your rights under these Terms. VYBS may assign its rights and obligations under these Terms to any third-party at its sole and absolute discretion. In no event shall a failure of VYBS to enforce any rights or to act be deemed a waiver of such rights or of subsequent actions in the event of future breaches. In no event shall VYBS be deemed in breach of these Terms if it is unable to provide the Services or any part thereof.
17.2 In the event these Terms are terminated, all terms that by their nature are intended to survive termination of these Terms shall survive, including but not limited to terms related to intellectual property, disclaimer of warranties, limitation of liability, indemnification, governing law and jurisdiction, and dispute resolution by binding arbitration.
18. CONTACT INFORMATION
You may contact VYBS at: info@vybs.co if you have any questions or in case you identify any data entry error or would like to withdraw your consent to these Terms. In such case, VYBS may request information to confirm your Account status before closing and deleting your Account.
