Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and DeptOfVibe, LLC ("DeptOfVibe," "Company," "we," "us," or "our"), governing your access to and use of the Dept of Vibe website, application, and film simulation services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you meet this age requirement.

Dept of Vibe is a digital film simulation service that processes user uploaded photographs to emulate the aesthetic characteristics of analog film stocks. The Service applies computational film emulation techniques to transform digital images while preserving subject identity and image geometry.

The Service operates on a subscription and credit based model. Users receive a monthly allocation of simulations based on their plan tier, with the option to purchase additional simulations as needed.

• Account CreationTo access the Service, you must create an account using a valid email address or supported authentication provider. You agree to provide accurate, current, and complete information during registration.
• Account SecurityYou are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.
• Account RestrictionsYou may not share, transfer, or sell access to your account. Each account is for individual use only unless you have a Studio plan with authorized team seats.

• Subscription PlansThe Service offers multiple subscription tiers with varying monthly simulation allocations, resolution limits, and feature access. Plan details and pricing are displayed on our pricing page and may be updated from time to time.
• BillingPaid subscriptions are billed monthly in advance. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel.
• Simulation CreditsEach plan includes a set number of monthly simulations. Unused simulations do not roll over to subsequent billing periods. Plans reset monthly to maintain service consistency and processing integrity.
• OveragesCertain plans allow for overage simulations at additional cost. Overage availability and pricing are specified in your plan details.
• CancellationYou may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until the end of that period.
• RefundsWe do not provide refunds for partial billing periods or unused simulations. If you believe you are entitled to a refund due to a service issue, please contact us at lab@deptofvibe.com.

Your Content: You retain all ownership rights to the original images you upload to the Service ("User Content"). DeptOfVibe does not claim any ownership interest in your User Content.

License to Process: By uploading User Content, you grant DeptOfVibe a limited, nonexclusive, royalty free license to process, transform, and temporarily store your images solely for the purpose of providing the Service to you.

Processed Outputs: All images generated by the Service from your User Content ("Outputs") belong to you. You may use Outputs for any lawful purpose, including commercial use, subject to applicable law.

Representations: By uploading User Content, you represent and warrant that you own or have obtained all necessary rights to the content, the content does not infringe any third party intellectual property or privacy rights, and you have obtained any required consents from individuals depicted in the content.

You agree not to upload, transmit, or otherwise make available any content that:

• Infringes any patent, trademark, copyright, or other intellectual property right
• Violates the privacy or publicity rights of any person
• Is unlawful, defamatory, obscene, or otherwise objectionable
• Depicts minors in any inappropriate context
• Contains malicious code, viruses, or harmful components
• Impersonates any person or entity

You further agree not to attempt to circumvent usage limits or security features, use automated systems to access the Service without authorization, resell or redistribute the Service without permission, or use the Service for any illegal purpose.

The Service, including its software, algorithms, design, trademarks, and all content provided by DeptOfVibe, excluding User Content and Outputs, is owned by DeptOfVibe, LLC and protected by intellectual property laws.

"Dept of Vibe," "Department of Vibe," the DeptOfVibe logo, and associated branding are trademarks of DeptOfVibe, LLC. You may not use these marks without our prior written consent.

The Service integrates with third party services including payment processors such as Stripe and authentication providers. Your use of these services is subject to their respective terms and privacy policies. DeptOfVibe is not responsible for the practices of third party service providers.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.

DeptOfVibe does not warrant that the Service will meet your specific requirements, the Service will be uninterrupted, timely, secure, or error free, results obtained from the Service will be accurate or reliable, or any errors in the Service will be corrected.

Film simulation outputs are artistic interpretations and may vary based on input image characteristics. We do not guarantee specific aesthetic results.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEPTOFVIBE, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL DEPTOFVIBE'S TOTAL LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO DEPTOFVIBE IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

You agree to indemnify, defend, and hold harmless DeptOfVibe, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Service, your User Content, your violation of these Terms, or your violation of any third party rights.

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease.

You may terminate your account at any time by contacting us or using the account deletion feature. Sections 5, 7, 9, 10, 11, 13, and 14 shall survive termination.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Service prior to the changes taking effect. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes.

• Entire AgreementThese Terms, together with our Privacy Policy, constitute the entire agreement between you and DeptOfVibe regarding the Service.
• SeverabilityIf any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• WaiverOur failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

For questions about these Terms of Service, please contact: