Terms of Service
Effective date: 2026-03-31
These Terms of Service ("Terms") govern your access to and use of VibeCodeMax, including our website, dashboard, boilerplate generation workflows, project storage, and MCP-related tools and automation features (collectively, the "Service"). By creating an account, purchasing a plan, subscribing, or using the Service, you agree to these Terms.
Operator: VibeCodeMax is operated by Tinashe Nyatsoka, an individual sole proprietor based in Dallas, Texas, United States("we", "us", "our").
Contact: tinashe@vibecodemax.app
1) Definitions
- Account: your registered user account for the Service.
- Generated Code: code, configuration, files, or other output produced by the Service for you to download, copy, deploy, or continue editing.
- Inputs: prompts, project choices, onboarding selections, uploaded assets, branding materials, text, and other information you submit to the Service.
- One-Time Purchase: a non-recurring paid purchase such as a single project generation or a multi-project pack.
- Annual Plan: a recurring paid subscription that provides access for a stated annual term unless canceled before renewal.
- Credits: generation entitlements, usage units, or similar access rights associated with a One-Time Purchase or other offer in the Service.
- MCP Access: access to model context protocol, agent, automation, setup, or project operation capabilities made available through the Service.
- Templates: reusable patterns, scaffolding, workflows, prompts, components, and system logic used to produce Generated Code or support the Service.
2) The Service
The Service helps you create software starter projects, boilerplates, project drafts, and related setup flows. Depending on your plan and the current product offering, the Service may include project generation, project storage, billing state, MCP Access, automation support, setup guidance, and integrations with third-party tools or cloud providers.
The Service is a development accelerator. It does not guarantee business outcomes, deployment success, legal compliance, security, uptime, compatibility with future provider changes, or any specific technical result.
We may update, improve, suspend, or discontinue parts of the Service, Templates, product tiers, pricing structure, or features at any time. Some features may be beta, preview, or experimental. Where reasonably practicable, we will provide notice of material changes that affect active paying users.
3) Eligibility and accounts
You must be able to form a legally binding contract to use the Service. If you are under the legal age of majority in your jurisdiction, you may use the Service only with permission and supervision of a parent or legal guardian.
You are responsible for:
- maintaining the confidentiality of your login credentials;
- all activity that occurs under your Account;
- providing accurate, current, and complete information when using the Service;
- maintaining control of the email address associated with your Account; and
- promptly notifying us if you believe your Account has been compromised.
We may require email confirmation, identity checks, or other verification steps to create, maintain, recover, or secure an Account.
4) Acceptable use
You agree not to, and not to allow others to:
- use the Service in violation of any applicable law, regulation, or third-party term;
- probe, scan, attack, disrupt, or overload the Service or third-party systems;
- upload malware, harmful code, or attempt unauthorized access;
- use stolen, unauthorized, or improperly obtained credentials, tokens, API keys, or cloud accounts;
- circumvent access controls, plan limits, rate limits, billing restrictions, or credit logic;
- share, resell, sublicense, lease, or transfer your Account or paid access except where explicitly allowed by your plan;
- use the Service or Generated Code to build, market, or operate a competing boilerplate generator, template marketplace, or substantially similar code generation or MCP service;
- use MCP Access or Generated Code to attack, spam, scrape, abuse, or interfere with third-party services; or
- reverse engineer, decompile, or attempt to extract source code of the Service except to the extent prohibited by law.
We may suspend or terminate Accounts, revoke plan access, or disable features if we reasonably believe your use violates these Terms or creates risk for us, our users, or third parties.
5) Plans, purchases, billing, and renewals
5.1 Plan types
The Service may offer One-Time Purchases, Credits, upgrade offers, and recurring subscription plans such as the Annual Plan. Plan details, included entitlements, usage rules, renewal behavior, and plan-specific limitations are shown at checkout or within the Service.
5.2 One-Time Purchases
One-Time Purchases are charged once and do not automatically renew. They provide the Credits, project generation entitlements, or other access described at checkout.
5.3 Annual Plan and auto-renewal
Unless otherwise stated at checkout, the Annual Plan lasts for one (1) year from the start of the paid term. Unless you cancel before renewal, the Annual Plan may automatically renew for the same term and your payment method may be charged the then-current renewal price plus applicable taxes.
5.4 Merchant of record and taxes
Payments are processed through Lemon Squeezy, which acts as merchant of record for purchases made through the Service. You agree to pay all amounts shown at checkout, including any applicable taxes, fees, or charges handled through the payment flow.
5.5 Prices and plan changes
Prices, plan structures, included entitlements, discounts, and upgrade offers may change over time. Changes will apply prospectively unless required otherwise by law or expressly stated in a separate offer.
5.6 Credits and entitlements
Credits, usage entitlements, and similar access rights are personal to your Account, are not transferable, are not redeemable for cash, and may be subject to plan rules, abuse checks, upgrade rules, or other eligibility conditions stated in the Service.
5.7 Non-payment and chargebacks
If payment cannot be processed, is reversed, is charged back, or is determined to be fraudulent, we may suspend or restrict access, remove paid entitlements, revoke Credits, or terminate the related Account to the extent permitted by law.
5.8 Cancellation
You may cancel a recurring plan before the next renewal through the billing tools we make available or by contacting support. Cancellation stops future renewals but does not retroactively cancel already-paid periods unless required by law or expressly approved under our refund policy.
6) Refund policy
We offer limited refunds as follows, unless stricter rights are required by law:
- Initial Annual Plan purchase: you may request a refund within 7 days of the first Annual Plan purchase unless you have engaged in excessive use, abuse, or other conduct that would reasonably justify denial.
- Renewals: Annual Plan renewals are generally non-refundable except where required by law.
- One-Time Purchases: single purchases, packs, credits, and similar one-time entitlements are generally non-refundable once delivered or used, except where required by law or expressly approved by us.
- Process: to request a refund, contact tinashe@vibecodemax.app with your account email and purchase details.
Nothing in this section limits any mandatory consumer rights you may have under applicable law.
7) License, ownership, and your content
7.1 Your ownership
You retain ownership of your Inputs, branding, uploaded assets, project content, and your own product code and business materials.
7.2 License you grant to us
You grant us a limited, non-exclusive, worldwide license to host, store, process, reproduce, transmit, and display your Inputs and project data solely as needed to operate, secure, support, improve, and provide the Service to you.
7.3 License to Generated Code
Subject to your compliance with these Terms and payment of applicable fees, we grant you a perpetual, non-exclusive, worldwide, commercial license to use, modify, and distribute Generated Code as part of your own products and services.
This license survives expiration or termination of your paid plan for Generated Code that was lawfully generated while your Account was in good standing, but it does not grant continued access to the Service itself after your paid access ends.
7.4 Restrictions
You may not:
- sell, sublicense, distribute, or make available Templates or Generated Code as a standalone boilerplate, template, starter, or code generation product;
- expose or resell MCP Access, workflows, or automation capabilities to third parties as a service;
- use the Service or Generated Code to operate a competing code generation, template, or MCP platform; or
- remove or ignore third-party license obligations that may apply to open-source dependencies or other third-party components included in Generated Code.
7.5 Our ownership
We retain all rights, title, and interest in and to the Service, our website, branding, Templates, product logic, automation workflows, documentation, and other underlying materials, except for the limited rights expressly granted to you in these Terms.
8) MCP Access, automation, and third-party actions
Certain plans may include MCP Access or other automation features that can inspect, create, edit, configure, or operate project files, integrations, environments, or third-party services based on your instructions, approvals, and connected tools.
You understand and agree that:
- MCP Access may trigger code changes, setup actions, cloud actions, migrations, dependency installs, API calls, or other operational effects;
- you are responsible for reviewing prompts, approvals, diffs, outputs, and resulting actions before relying on them;
- you are responsible for your own cloud, provider, and third-party accounts, permissions, credentials, billing, and security settings;
- we are not responsible for third-party usage charges, deployment failures, provider policy violations, or misconfiguration in systems you control; and
- we may limit, suspend, or modify MCP Access at any time for security, abuse prevention, plan enforcement, provider compatibility, or product changes.
9) Third-party services and your responsibilities
Generated Code and the Service may include integrations or references to third-party services such as payment processors, hosting providers, databases, analytics, authentication providers, storage providers, email services, and cloud tools.
You are responsible for:
- creating and maintaining your own third-party accounts;
- managing API keys, secrets, billing settings, and configuration;
- complying with third-party terms, licenses, and applicable laws; and
- reviewing the security and suitability of third-party services before using them in production.
We are not responsible for third-party outages, security incidents, pricing changes, API changes, suspensions, data loss, or other service interruptions outside our control.
10) AI, generation, and output disclaimer
The Service may use AI, automation, templates, or deterministic logic to generate outputs. Generated Code and other outputs may be incomplete, insecure, incorrect, non-unique, or unsuitable for your use case.
- You are solely responsible for reviewing, testing, validating, and securing Generated Code before using it in development, staging, or production.
- You are solely responsible for legal, regulatory, licensing, privacy, and security review of your projects and deployments.
- You should not submit highly sensitive personal data, government IDs, payment card data, or confidential secrets unless the Service expressly supports that use and you accept the associated risk.
- We do not guarantee that outputs are non-infringing, production-ready, error-free, or compatible with all third-party frameworks and providers.
- Generated Code may include open-source or third-party components that remain subject to their own licenses and terms.
11) Support
Support channels, availability, and response expectations are described in the Service, on the website, or in your plan details. We do not promise custom engineering, consulting, migration, or implementation work unless expressly agreed in writing.
12) Suspension and termination
We may suspend or terminate your access to the Service if you:
- breach these Terms;
- fail to pay amounts due;
- use the Service in a way that creates risk, abuse, or legal exposure for us or others; or
- engage in fraud, chargeback abuse, or repeated misuse of Credits, plans, or automation features.
You may stop using the Service at any time. If you cancel a recurring plan, access ordinarily continues until the end of the paid term unless terminated for cause.
Sections that by their nature should survive termination will survive, including sections on billing, ownership, disclaimers, limitation of liability, indemnification, governing law, and dispute-related provisions.
13) Disclaimers
To the maximum extent permitted by law:
- the Service, Templates, Generated Code, MCP Access, and related materials are provided "as is" and "as available";
- we disclaim all warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, uptime, and compatibility;
- we do not warrant that the Service will be uninterrupted, secure, error-free, or compatible with future versions of third-party frameworks, providers, or APIs; and
- we do not provide legal, tax, security, compliance, investment, or professional advice through the Service.
14) Limitation of liability
To the maximum extent permitted by law:
- we will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business interruption;
- we will not be liable for third-party provider outages, provider charges, integration failures, deployment failures, data loss in third-party systems, or your misuse of Generated Code or MCP Access; and
- our total liability for any claim arising out of or related to the Service will not exceed the greater of (a) the amount you paid to us in the 12 months preceding the event giving rise to the claim or (b) USD $100.
Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, these limitations apply only to the maximum extent permitted by law.
15) Indemnification
You will defend, indemnify, and hold harmless VibeCodeMax and Tinashe Nyatsoka from and against claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your Inputs, your projects, your use of Generated Code, your use of MCP Access or third-party services, your violation of these Terms, or your violation of any law or third-party right.
16) Export controls and sanctions
You may not use the Service if you are prohibited from doing so under applicable export control or sanctions laws. You represent that you are not located in, ordinarily resident in, or acting on behalf of any person or entity subject to applicable U.S. sanctions or similar restrictions that would prohibit your use of the Service.
17) Privacy
Our handling of personal data is described in our Privacy Policy. By using the Service, you agree that we may process information in accordance with that policy.
18) Feedback
If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and exploit that feedback without restriction or compensation to you.
19) Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you, such as by email or through the Service. Continued use of the Service after updated Terms become effective means you accept the revised Terms.
20) Governing law and venue
These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles. Unless applicable law requires otherwise, any dispute arising out of or relating to these Terms or the Service must be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to that jurisdiction and venue.
21) Miscellaneous
If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms or your Account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
