Terms of Service

01Acceptance of These Terms

These Terms of Service ("Terms") are a binding agreement between you and XLogics Smart Solutions LLC governing your access to and use of the VibeGram application and related services we operate (collectively, the "Services"). By downloading, installing, accessing, or using the Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

You may also be subject to additional third-party terms (for example, Telegram, Google Play, and your wallet/blockchain providers). Those terms are separate from and in addition to these Terms.

02Relationship with Telegram and Third Parties

The App is an independent, unofficial client built on the open-source Telegram for Android codebase. We are not affiliated with, endorsed by, sponsored by, or operated by Telegram FZ-LLC, Telegram Messenger Inc., or their affiliates. Core messaging, contacts, calls, and related functionality operate over Telegram's network, which we do not control or operate. Your use of Telegram's network is governed by Telegram's own terms and policies. We are responsible only for the additional VibeGram features and Services we provide.

The Services also rely on or interact with third parties including Google/Firebase, Google Play, analytics providers, blockchain networks, and market-data providers (e.g., DexScreener, GeckoTerminal). We are not responsible for third-party services, and your use of them is at your own risk and subject to their terms.

03Eligibility

You must be at least 13 years old (or the minimum age required in your jurisdiction, if higher) to use the Services. By using the Services you represent and warrant that: (a) you meet this age requirement; (b) you have the legal capacity to enter into these Terms; (c) if you are a minor, you do so with the consent and supervision of a parent or legal guardian who agrees to these Terms; and (d) your use of the Services, including any financial or cryptocurrency features, is lawful in your jurisdiction.

04Your Account and Security

The Services link to your Telegram account and create a VibeGram account identified by your Telegram user ID. You are responsible for:

• maintaining the security of your device, your Telegram account, and your VibeGram session;
• all activity that occurs through your account;
• safeguarding your wallet keys, recovery phrases, passwords, and biometric/unlock credentials.

Notify us promptly at support@vibegram.app if you suspect unauthorized access. We are not liable for losses arising from your failure to keep your credentials or keys secure.

05Acceptable Use

You agree not to use the Services to:

• violate any law, regulation, or third-party right (including intellectual-property, privacy, and contractual rights);
• send spam, malware, phishing, fraud, or other harmful or deceptive content;
• harass, threaten, defame, or harm others, or distribute illegal, abusive, or child-sexual-abuse material;
• engage in money laundering, terrorist financing, sanctions evasion, fraud, market manipulation, or other illegal financial activity;
• reverse engineer, decompile, interfere with, overload, disrupt, or attempt to gain unauthorized access to the Services, our infrastructure, or other users' data, except to the extent such restriction is prohibited by applicable law or permitted by the applicable open-source license;
• circumvent security, rate limits, authentication, or access controls;
• use the Services to build a competing service by scraping or bulk-extracting data; or
• misuse the file-scanning, spam, or other features (for example, by submitting content you are not authorized to share).

We may investigate and take action — including suspending or terminating access and reporting to authorities — for suspected violations.

06User Content and Submissions

You retain ownership of the content you create or submit. You are solely responsible for your content and for ensuring you have the rights to submit it. When you use features that transmit content (for example, AI spam classification or file antivirus scanning), you grant us and our service providers a limited license to process that content solely to operate and improve the relevant feature, as described in the Privacy Policy. Do not submit content you are not authorized to share or that you do not wish to leave your device.

07Cryptocurrency, Wallet, and Financial Features — Important Risk Disclosures

• Self-custody / non-custodial. The wallet features are self-custodial. You — and only you — control your private keys, recovery phrase, and funds. We do not hold, custody, control, or have access to your keys or assets. We cannot move, freeze, recover, or reverse your funds or transactions.
• No financial, investment, tax, or legal advice. Nothing in the Services (including market data, trending tokens, charts, or featured content) is financial, investment, tax, accounting, or legal advice, or a recommendation, offer, or solicitation to buy, sell, or hold any asset. You are solely responsible for your decisions.
• Irreversible transactions. Blockchain transactions are generally irreversible. Sending to a wrong address, approving a malicious contract, or losing your recovery phrase can result in permanent, total loss of funds.
• Volatility and risk of loss. Crypto assets are highly volatile and risky. You may lose some or all of the value of your assets. Only use funds you can afford to lose.
• Third-party data may be inaccurate. Prices, charts, balances, and token information come from third parties and blockchains and may be delayed, incomplete, or wrong. Do not rely on them as your sole source of truth.
• You are responsible for compliance. You are responsible for determining whether using crypto features is legal in your jurisdiction and for any taxes or reporting obligations.
• We are not a money transmitter, exchange, broker, custodian, or financial institution, and we do not provide any of those services.

If you do not understand or accept these risks, do not use the wallet or financial features.

08Premium Subscriptions and Payments

• Premium features may be offered as paid subscriptions, payable through Google Play Billing.
• Subscriptions purchased through Google Play are billed and managed by Google according to Google Play's terms, including auto-renewal until cancelled. Manage or cancel auto-renewing subscriptions in your Google Play account settings.
• Pricing, plans, and features may change. We will provide notice of material changes where required.
• Refunds. Except where required by applicable law or by the rules of the payment provider (e.g., Google Play), payments and subscription fees are non-refundable. Refund requests for Google Play purchases are subject to Google's policies.
• You are responsible for any taxes associated with your purchases.

09License to Use the App

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on a device you own or control, for your personal, non-commercial use. Portions of the App are based on open-source software licensed under their own licenses (including the GNU General Public License), which continue to apply to those portions and, where applicable, take precedence over conflicting restrictions in this Section. All rights not expressly granted are reserved.

10Intellectual Property

The Services, including their branding, design, original code, text, and graphics (excluding third-party and open-source components and Telegram's marks), are owned by us or our licensors and are protected by intellectual-property laws. "VibeGram" and related logos are our marks. Telegram and its marks belong to their respective owners; we claim no rights in them. You may not use our marks without our prior written permission.

11Open-Source Notice

The App incorporates open-source software, including the Telegram for Android client, distributed under their respective licenses (such as the GNU General Public License). Your rights with respect to those components are governed by the applicable open-source licenses, and nothing in these Terms is intended to limit rights granted to you under those licenses. Source code and license information are available as required by those licenses.

12Service Availability and Changes

We may modify, suspend, or discontinue all or part of the Services at any time, with or without notice, and we may impose limits on certain features. The Services are provided on an "as available" basis, and we do not guarantee uninterrupted, timely, secure, or error-free operation. We are not liable for any modification, suspension, or discontinuation of the Services.

13Termination

You may stop using the Services at any time and uninstall the App. We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or applicable law, if required for security or legal reasons, or if we discontinue the Services. Upon termination, the licenses granted to you end; Sections that by their nature should survive (including Sections 7, 14, 15, 16, 17, and 18) will survive.

14Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA (INCLUDING PRICES, BALANCES, OR SCAN RESULTS) WILL BE ACCURATE OR RELIABLE. WE DO NOT GUARANTEE THAT FILE SCANNING WILL DETECT ALL MALWARE OR THAT SPAM DETECTION WILL IDENTIFY ALL UNWANTED CONTENT.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you; in that case, such warranties are limited to the minimum extent permitted by law.

15Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XLOGICS SMART SOLUTIONS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR CRYPTOCURRENCY / DIGITAL ASSETS, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE ABOVE, WE ARE NOT LIABLE FOR: (a) THE ACTS, OMISSIONS, OUTAGES, OR POLICIES OF TELEGRAM, GOOGLE, BLOCKCHAIN NETWORKS, OR OTHER THIRD PARTIES; (b) LOSS OF CRYPTOCURRENCY, KEYS, OR RECOVERY PHRASES; (c) IRREVERSIBLE OR ERRONEOUS BLOCKCHAIN TRANSACTIONS; (d) MALWARE OR HARMFUL CONTENT NOT DETECTED BY SCANNING; OR (e) UNAUTHORIZED ACCESS RESULTING FROM YOUR FAILURE TO SECURE YOUR DEVICE, CREDENTIALS, OR KEYS.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) USD $50.

Some jurisdictions do not allow certain limitations of liability; in those jurisdictions our liability is limited to the minimum extent permitted by law. Nothing in these Terms excludes liability that cannot be excluded by law (such as for death or personal injury caused by negligence, fraud, or willful misconduct).

16Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless XLogics Smart Solutions LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the Services; (b) your violation of these Terms or any law or third-party right; (c) your content or submissions; or (d) your cryptocurrency or financial activity conducted through or in connection with the Services.

17Governing Law and Dispute Resolution

These Terms are governed by the laws applicable at the principal place of business of XLogics Smart Solutions LLC, without regard to conflict-of-laws principles, except where mandatory local consumer-protection laws of your country of residence provide otherwise. Subject to mandatory law, you and we agree to submit to the exclusive jurisdiction of the competent courts at that location for any dispute not otherwise subject to binding arbitration or small-claims resolution.

18Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and, where appropriate or required by law, provide additional notice. Your continued use of the Services after the updated Terms take effect constitutes acceptance. If you do not agree, stop using the Services.

19Miscellaneous

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services and supersede prior agreements on the subject.
• Severability. If any provision is found unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be enforced to the maximum extent permitted.
• No waiver. Our failure to enforce any provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• No third-party beneficiaries, except as expressly stated.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

20Contact

XLogics Smart Solutions LLC
30 N Gould St Ste R, Sheridan, Wyoming 82801, USA
Email: support@vibegram.app