Terms of service

1. Who we are and what this is

Vibeminter is a service of Clashware Sarl, Switzerland. It turns a description into a native iPhone app and guides you through publishing it under your own Apple Developer account. You are at least 18 and of the age of majority where you live; the service is not for anyone younger.

2. You are the developer and content provider

The app you build is yours, and you are its developer and the provider of its content toward Apple, its users and the law. You decide what it does, what it says and whether it is submitted. We do not promise that Apple will approve any app, and a rejection is not a breach by us.

3. Outputs and templates

We assign to you whatever rights we have in the code and assets generated for you, as they are, with no promise that they are protected by copyright or that they do not resemble other works. The templates, libraries and tools we provide stay ours; we give you a perpetual, worldwide, non-exclusive licence to use the template code that ends up inside your app, for as long as you keep the app.

4. Acceptable use

You do not use Vibeminter to build or publish:

• software that collects other people's passwords, card details or other credentials, or impersonates a person or an organisation;
• malware, spyware or anything made to watch or harm people without their knowledge;
• gambling, adult content, lending, trading or investment-advice apps, or apps that diagnose, treat or give medical advice;
• apps aimed at children, or apps that fake a real person's face or voice;
• a copy of another company's app, or an app that uses another party's trademark as its name.

We check every request and every reply of the builder for these, with rules and with a model, and we refuse what we find before any credit is held. We may stop a build, remove hosted content and close an account that breaks this section. Apps that identify plants, mushrooms or medication, or track health, carry a safety disclaimer that you cannot remove. The acceptable use policy has the same rules on their own page.

5. Credits, refunds and your right of withdrawal

You pay for credit in advance. A turn holds its estimate before it starts and charges what it actually cost. The credit is a digital service delivered to your account as soon as the payment is confirmed. If you live in the EU or the UK, you agree at checkout that delivery starts at once and that you lose your right of withdrawal once the credit is delivered. Prices are shown without tax; the tax is added at checkout and shown before you pay. Where the law gives you a right we cannot remove, you keep it.

6. Our acting for you with Apple: the Service Provider clause

To publish, you may give us a revocable App Store Connect API key of your own team. When you do, you appoint us as your Service Provider within the meaning of section 2.9 of the Apple Developer Program License Agreement, and we agree to the following in writing, as that section requires.

• We act solely on your behalf and only for your own apps. We do not use the key, your certificates or your account for anyone else or for ourselves.
• We are bound by the restrictions of the Apple Developer Program License Agreement that bind you. We do not use the key, the certificate or the account beyond your instructions, we do not share them and we do not distribute them.
• You remain the one who submits your app and who uses TestFlight.
• A key pasted into chat is treated as compromised and you should revoke it.
• The key is sealed in your browser before it reaches us and is held encrypted. Each use of it is written to an activity log that you can read, and we keep that log as evidence of what we did.
• When you disconnect, we revoke our access, destroy the key material and give you the log. Removing it on our side does not remove anything at Apple, and we tell you so.
• The distribution certificate whose private key we generate and hold for you falls under this same clause.

Apple has not confirmed this arrangement in writing yet. If Apple, or counsel, tells us that it must change, we will change this section and ask you to accept the new version before we use your key again.

7. Taking your work with you

You can export your projects and your account data at any time from your account page. If you leave, we give you a source export of your app, and we keep hosted legal pages online for twelve months so that your store listing keeps working while you move them.

8. Our liability and yours

The service is provided as it is. We are liable for what the law says we cannot exclude, and otherwise only for the credit you paid in the twelve months before the event. You answer to us for what you publish with the service and you will cover us against third-party claims that come from your content or from your breach of these terms, to the extent the law allows. Nothing here limits the rights a consumer has by mandatory law.

9. Reports and takedown

To report abuse or a copyright or trademark problem with something we host, write to the abuse address of the service. That address is not published yet and will be named here before any hosted page goes live.

10. Law and forum

Swiss law applies, and the courts of Lausanne have jurisdiction, except that a consumer keeps the protection of the law of the country where they live and the right to sue there.