TERMS AND CONDITIONS

Last Updated: 2025-08-21

The following terms and conditions govern your use of www.dancervibes.com, the Dancervibes mobile app, and all services related to the Site and the app (collectively, the "Site"). The operator of the Site is Dancervibes, Inc., an Delaware corporation ("Dancervibes," "us," "our," or "we"). By using the Site or by accepting a trial subscription, you agree to be bound by these Terms of Use (the "Agreement"). If you do not agree to these Terms of Use, please do not use this Site and do not sign up for a trial subscription.

If you have any questions regarding the meaning or application of this Agreement, please direct your questions to: support@dancervibes.com

TERMS OF USE FOR ALL USERS OF THE SITE

1. Who We Are And What We Do.

DancerVibes is a platform and app designed specifically for dance business owners to efficiently manage their operations. DancerVibes offers tools for managing dance classes and events, customer relationship management, scheduling, invoicing, payment processing, and marketing (collectively, the "Tools"). These features empower dance studios, instructors, and event organizers to streamline their operations and focus on delivering exceptional experiences for their clients

2. Access To The Site.

This Agreement grants you a limited, revocable, nonexclusive license to access the Site and Tools for managing your dance business. You may not resell or sub-license your rights to a third party. This license does not permit the collection, aggregation, copying, duplication, display, or derivative use of the Site or Tools, nor the use of data mining or similar data gathering and extraction tools for any purpose unless expressly authorized by DancerVibes.

A limited exception applies to general-purpose internet search engines and noncommercial public archives that use such tools solely to display hyperlinks to this Site. This exception is permitted provided these entities operate from a stable IP address or range of IP addresses and use an easily identifiable agent.

From time to time, the Site and Tools may become inaccessible or inoperable due to:

1. Equipment malfunctions
2. Scheduled maintenance procedures or repairs undertaken by DancerVibes; or
3. Causes beyond the control of DancerVibes, including unforeseen circumstances.

DancerVibes is not responsible for any losses, whether foreseeable or unforeseeable, resulting from the Site being inaccessible or inoperable.

3. Payment To DancerVibes / No Refunds.

After the free trial period, DancerVibes offers monthly and annual subscription plans, as detailed in the "Pricing" section of the Site. Payment processing for these subscriptions is handled by third-party vendors. By using these services, you agree to comply with the terms of use and policies set forth by these third-party vendors. DancerVibes is not responsible for any actions or errors by payment processors, nor for any disputes arising from your interactions with them. All sales are final. Unless explicitly stated otherwise by DancerVibes, no portion of any payment made to DancerVibes is refundable.

4. Prices And Renewals.

DancerVibes reserves the right to adjust subscription pricing at any time. Any price changes will take effect at the start of the next billing cycle following an announcement or notification of the change. When you purchase or renew a subscription, you agree to the subscription cost in effect at that time.

5. Subscription Cycle.

Your subscription begins on the date you sign up and make payment using a valid payment method. Monthly subscriptions automatically renew on the same billing day each month. For example, if you start your subscription on February 5, it will automatically renew on March 5 (see "Billing Cycles" below). To maintain your subscription, you must provide a current, valid, and accepted payment method (referred to as the "Payment Method"). This payment method may be updated from time to time. DancerVibes will automatically charge the subscription fee to your Payment Method on a monthly or annual basis, depending on your selected plan, until you cancel your subscription.

6. Billing.

Your subscription begins on the date you sign up and make payment using a valid payment method. Subscriptions automatically renew on the same billing day each month for monthly plans or the same billing date each year for annual plans. For example:

• If you start your subscription on January 15, your next monthly billing date will be February 15.
• If you start your subscription on March 31, your next monthly billing date will be April 30, and subsequent renewals will occur on the last day of the month.
• For annual subscriptions, if you sign up on July 10, 2025, your renewal date will be July 10, 2026.

To maintain your subscription, you must provide a current, valid, and accepted payment method (referred to as the "Payment Method"). This payment method may be updated as needed.

DancerVibes will automatically charge the subscription fee to your Payment Method on a recurring basis, depending on your selected plan, until you cancel your subscription.

7. Licenses And Insurance.

You will not use the Site or Tools to promote, offer, or host any dance classes or events that you are not properly licensed, certified, or insured to conduct.

8. Indemnification.

You agree to indemnify, defend, and hold harmless DancerVibes, along with its directors, officers, employees, agents, and shareholders, against any claims, demands, causes of action, debts, or liabilities. This includes, but is not limited to, reasonable costs and attorneys' fees arising from:

• Your use of the Site or Tools; or
• Any violation of this Agreement by you or anyone accessing the Site or Tools under your account.

9. Payment Processing.

DancerVibes provides the option to process payments or receive payments through third-party payment processors, such as Stripe and PayPal. When utilizing these services, you agree to comply with their applicable terms and legal agreements. DancerVibes is not responsible for any actions, inactions, errors, or issues arising from these third-party payment processors.

10. Disclaimer Of Liability.

This Site, its contents, and the Tools are provided on an "as is" basis without any warranties, whether express or implied. This includes, but is not limited to, warranties of accuracy, availability, completeness, reliability, title, currency, or content of any information or material provided through the Site. DancerVibes also disclaims any implied warranties of merchantability or fitness for a particular purpose.

Your use of the Site is entirely at your own risk. You assume full responsibility for any costs associated with servicing or repairing any equipment used to access the Site. DancerVibes shall not be liable for any damages resulting from your use of the Site or Tools.

In no event shall DancerVibes or any of its directors, officers, employees, licensors, distributors, suppliers, agents, resellers, or operators be held liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from, but not limited to:

1. Errors, inaccuracies, or mistakes in content;
2. Lost business opportunities or profits due to the improper operation of the Tools;
3. Personal injury or property damage of any kind arising from your use of the Site;
4. Unauthorized access to or use of our secure servers or any stored personal information;
5. Interruptions or cessation of transmission to or from the Site;
6. Viruses, malware, or similar issues transmitted through the Site by any third party; and
7. Any errors, omissions, or other issues related to content accessed through the Site. These limitations of liability apply to the fullest extent permitted by applicable law.

11. Specific Limitations Of Tools

DancerVibes may use third-party data providers to collect information from various sources, which may or may not be accurate. While DancerVibes strives to partner with providers known for reliable data, we cannot guarantee the accuracy, completeness, or reliability of such information. For example, tools like Google Maps may be used to determine the distance, or location of venues or other structures. DancerVibes is not responsible for the accuracy of this data or any information obtained from third-party sources.

12. Eligibility And Responsibility Of Account

To use certain features of the Site, you must provide your name, email address, telephone number, and zip code. When creating your account, you agree to provide accurate and complete information. If your information changes, you must update your registration details promptly.

You are solely responsible for all activities occurring under your account, whether authorized by you or not. You are also responsible for keeping your account credentials secure, including selecting a strong, uncompromised password. You may change your password at any time by updating your account profile.

If you become aware of any unauthorized access to your account or any other breach of security, you agree to notify DancerVibes immediately. DancerVibes is not liable for any loss or damage arising from your failure to comply with this section, including failure to secure your account and password. You are strictly prohibited from using another person's account without their permission. Unless otherwise notified, DancerVibes will assume that any access to your account using the correct username and password combination is authorized by you.

By using the Site, you represent that you meet the following conditions:

• You are at least 18 years old.
• You have the legal capacity to enter into a binding contract.
• You are not barred by any applicable laws from using the Site.

If DancerVibes has reason to believe that your registration information is incomplete, outdated, inaccurate, or that you have violated this Agreement, your account may be suspended or terminated at our sole discretion, and you may be barred from using the Site.

13. Governing Law And Jurisdiction

This Agreement is entered into in the State of Delaware and is governed by the laws of the State of Delaware and by the federal laws of the United States, without reference to conflict of laws principles. You agree to the exclusive jurisdiction of the state and federal courts in Delaware to adjudicate any dispute arising out of or relating to this Agreement or your use of our Site. You also expressly consent to the personal jurisdiction of the state and federal courts in Delaware for any such action.

14. General Provisions

If any provision of this Agreement is found to be invalid or unenforceable, that provision will be removed, and the remaining provisions will remain in full force and effect. DancerVibes' failure to act in response to any breach of this Agreement by you does not constitute a waiver of our rights to act on subsequent or similar breaches. You are not permitted to assign or transfer this Agreement or your rights under it. Any attempt to do so will be considered void.

DancerVibes is not liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to acts of nature, technical failures, or disruptions in services. This Agreement represents the entire understanding between you and DancerVibes regarding its subject matter and supersedes all prior agreements or understandings.

15. No Agency/No Third Party Beneficiary

This Agreement does not create an agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and DancerVibes. Additionally, nothing in this Agreement is intended to, nor shall it be construed to, confer any rights or benefits on any third party.

16. Termination / Cancellation

DancerVibes reserves the right to terminate your use of the Site, including your account, at any time and at its sole discretion. Upon termination, your right to access and use the Site will immediately cease. You acknowledge and agree that such termination may occur without prior notice.

17. Links To Other Sites

For your convenience, DancerVibes may include links on the Site to external websites that are not operated by DancerVibes. These may include links to government websites, social media platforms, or sites that sell products.

DancerVibes does not control these external websites and is not responsible for their content, products, services, or operations. The inclusion of such links does not imply endorsement, approval, or sponsorship of the linked websites or the information, products, or services they provide.

DancerVibes is not liable for any damage or loss resulting from your use of information, products, or services obtained through these external websites. Accessing and using these websites is entirely at your own risk.

18. Modification Of Terms Of Use / Modification Of Website

We reserve the right to update or modify this Agreement at any time. Any changes will be announced by posting a revised version of this Agreement on the Site. You can determine when the Agreement was last updated by referring to the "Last Updated" date provided.

If we determine, at our sole discretion, that a change is material, we will notify active subscribers of the change. By continuing to use the Site after any modifications, you agree to be bound by the updated Agreement. It is your responsibility to periodically review this Agreement to stay informed about any changes.

Certain services on the Site may also be governed by additional rules, which will be available on the Site. By using any such service, you acknowledge that you have reviewed and agreed to those rules.

Additionally, we reserve the right to:

• Modify or discontinue any content, feature, service, or product available on the Site without prior notice;
• Introduce or adjust fees for using the Site;
• Waive or modify any existing fees; and
• Offer opportunities selectively to some or all users.

DancerVibes is not liable for any modifications, suspensions, or discontinuations of the Site, its services, content, features, or products. Your continued use of the Site after such changes constitutes your acceptance of those changes.

19. Use of Tools

You agree and warrant that you will not use any Tools provided by DancerVibes for any unlawful purpose. All communications sent using the Tools must comply with applicable state and federal laws, including the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.

The Tools, which may include features such as Text Blasts and Ringless Voicemail, must only be used in compliance with the TCPA. The TCPA imposes restrictions on telemarketing calls, the use of automatic telephone dialing systems, and artificial or prerecorded voice messages. Under the TCPA, you are required to:

• Obtain prior express written consent from recipients before sending communications via the Tools, even if you have an existing business relationship.
• Avoid sending automated messages or voicemails to individuals listed on the national Do-Not-Call registry.

You agree to use the Tools solely to communicate with your existing customers and not for soliciting new customers. You warrant that you have the explicit permission of the recipient before sending any communication using the Tools.

When using features such as the Collage Maker, you agree to upload only photographs taken by your company employees or those for which you have obtained proper authorization for use.

20. Site Conduct

When using the Site, including features such as creating your own online store, you agree not to post or transmit any material or content on or through the Site that:

1. Violates ethical, legal, or operational standards, including:

1. False, misleading, or inaccurate content;
2. Violates or infringes upon the rights of others, including intellectual property, privacy, or publicity rights;
3. Discloses private or personally identifying information that could lead to identity theft;
4. Solicits illegal activities or unlawful substances.

2. Contains harmful, offensive, or objectionable material, such as:

1. Unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, vulgar, obscene, pornographic, bigoted, hateful, or scandalous material;
2. Misleadingly suggests endorsement by DancerVibes without prior written consent;
3. Encourages actions that violate laws or result in civil or criminal liability.

You may not post or transmit on or through the Site any:

• Software, files, or materials containing viruses or malware;
• Spam, chain letters, or mass mailings;
• Automated scripts, bots, or tools designed to scrape or disrupt Site data.

You also agree not to:

• Engage in activities that restrict, inhibit, or interfere with other users' ability to access or enjoy the Site, such as hacking, hijacking, spoofing, or defacing the Site;
• Harvest or collect information about users or visitors without their explicit consent;
• Create a database by systematically downloading, copying, or storing Site content;
• Frame, mirror, or replicate any part of the Site without prior written consent;
• Interfere with the Site's operation, servers, or networks used to provide the Site, or violate their policies and procedures.

21. User Comments, Feedback, And Other Submissions

By submitting, posting, or uploading any messages or data to the Site, you warrant and represent that you either own the rights to such content or have obtained all necessary permissions to use, post, upload, or transmit it for your intended purpose.

By posting any information or content to the Site, you grant DancerVibes an irrevocable, perpetual, fully-paid, worldwide, non-exclusive license to:

1. Use, copy, perform, display, and distribute the submitted information and content;
2. Prepare derivative works from or incorporate the content into other works;
3. Grant and authorize sublicenses of the foregoing rights.

DancerVibes does not review all materials posted to the Site and is not responsible for user-submitted content. We reserve the right, at any time and at our sole discretion, to:

• Disclose information as necessary to comply with laws;
• Edit, remove, or refuse content that violates this Agreement.

22. Copyrights, Trademarks And Other Intellectual Property Rights

All materials on the Site, including images, text, graphics, software, and other content, are protected by U.S. and international copyright laws. Unauthorized use of any intellectual property on the Site is prohibited and may result in legal action.

23. Third-Party Content

The Site may include content from third parties. DancerVibes does not guarantee the accuracy or usefulness of such content and is not liable for the actions of any third-party contributors.

24. Digital Millennium Copyright Act Compliance Notice

If you believe any content on our Site infringes your copyright, you may send us a notice of alleged infringement. DancerVibes will process notices and take appropriate actions as required by the DMCA.

25. Text And Email Messages

By providing your email address or cellular telephone number to DancerVibes, you expressly consent to receiving communications from us using that contact information, including for purposes of account verification and security. Text Authentication and OTP Verification Policies:

1. Purpose of OTP Verification: DancerVibes may send one-time passwords (OTPs) via text messages or email for account authentication, password recovery, or other security purposes. These OTPs are for one-time use only and expire after a short period to ensure security.
2. Your Responsibilities:
   • You must ensure that the mobile number and email address you provide are accurate and up-to-date.
   • You are responsible for maintaining the confidentiality of any OTPs sent to you.
   • OTPs are intended solely for your use and should not be shared with others.
3. Standard Messaging Charges: You acknowledge that standard messaging and data rates from your mobile service provider may apply for receiving OTPs or other text communications from DancerVibes.
4. Consent to Authentication Messages: By providing your phone number, you agree to receive SMS-based authentication messages. These messages may include OTPs, account security alerts, or other account-related communications.
5. Opt-Out Option: If you wish to opt-out of receiving text messages, including OTPs, you can contact us at support@dancervibes.com. Note that opting out may limit your ability to access certain features of the Site that require authentication.
6. Security Measures: DancerVibes implements strict measures to protect the confidentiality of your authentication information. However, you are responsible for ensuring the security of the devices you use to receive OTPs or authentication messages.
7. Limitations and Disclaimers:
   • DancerVibes is not responsible for any delays, failures, or errors in delivering OTPs due to network issues or inaccuracies in the contact information provided by you.
   • DancerVibes reserves the right to disable or revoke access to any account suspected of misuse or fraud in connection with OTP authentication
   If you wish to update your contact information or have any questions regarding text authentication and OTP verification, please contact us at support@dancervibes.com.

26. Reviews

DancerVibes may allow customers to post reviews, and reserves the right to approve or reject any review. Reviews may be removed if they violate our policies.

27. No Customization Of Tools

The Tools provided by DancerVibes are not customized for specific industries or business needs. You should use your discretion when deciding to use these tools.

28. Updates To Terms Of Use

These Terms of Use were last updated on January 1, 2025.