1. Introduction

1.1 Overview of the Agreement

These Terms and Conditions ("Terms") govern the use of the services provided by "Lalk Vidović d.o.o." ("Company"), through the platform "DeVibe" ("Service"). By accessing or using "DeVibe," you ("User") agree to comply with and be bound by these Terms.

1.2 Acceptance of Terms

By using the Service, including any updates, features, and functionalities provided by the Company, you confirm that you have read, understood, and agree to abide by these Terms. If you do not agree to these Terms, you must immediately stop using the Service.

2. Company Information

2.1 Company Details

The service "DeVibe" is operated and owned by Lalk Vidović d.o.o., a company registered in Croatia with the following details:

• Company Name: Lalk Vidović d.o.o.
• Registered Address: Lepinski put 5, 21217 Kaštel Štafilić, Croatia
• VAT Number: HR75935384757

2.2 Contact Information

For any inquiries, concerns, or support related to "DeVibe," users may contact the company through the following channels:

• Email: info@devibe.network
• Customer Service: Available via the in-app customer portal or by email.
• Customer Support Portal: Accessible within the "DeVibe" app for managing support requests.

All official communication between the Company and the User will primarily take place via the provided email address or through the app's customer service portal.

3. Definitions

For the purpose of these Terms, the following definitions apply:

4. Account Registration and User Eligibility

4.1 Account Creation

To access features of "DeVibe," Users must create an Account by providing a valid email address and completing the required profile information. Developers must also complete additional verification steps to offer services or apply for jobs. Users are responsible for ensuring that the information provided during registration is accurate and up-to-date.

4.2 User Eligibility

Users must be at least 16 years old to create an account and use the "DeVibe" platform. Users are responsible for ensuring that their use of the Service complies with any applicable local laws. By creating an Account, the User confirms that they have the legal right to enter into this agreement and use the Service.

4.3 Developer Verification

Developers who wish to offer services or receive payments must complete additional verification steps, including connecting their Stripe account through Stripe Connect. This verification process ensures secure and compliant payment processing.

5. Services Provided

5.1 Overview of Services

"DeVibe" is a marketplace platform designed to connect Vibe Coders with skilled Developers. The platform facilitates two main types of engagements: direct service bookings and job-based projects. All financial transactions are secured through Stripe's escrow system.

5.2 Service Bookings

Developers can create service listings that Vibe Coders can book immediately. These services have defined scope, pricing, and delivery timelines. Payment is held in escrow until the service is delivered and approved.

5.3 Job Applications

Vibe Coders can post job opportunities that Developers can apply for. The selection process involves proposal submission, review, and acceptance. Once accepted, work begins with payment held securely in escrow.

5.4 Payment Processing and Escrow

All payments are processed through Stripe and held in escrow until work is completed and approved. This system protects both parties and ensures secure, reliable transactions. Developers receive payouts through Stripe Connect once work is approved.

6. User Responsibilities

6.1 Acceptable Use Policy

By using "DeVibe," Users agree to comply with all applicable laws and regulations. Users must not use the Service to:

• Upload, share, or distribute any content that is illegal, harmful, abusive, or infringing on the rights of others.
• Engage in harassment, spamming, phishing, or other malicious activities.
• Attempt to hack, reverse engineer, or otherwise tamper with the Service or any associated third-party services.
• Circumvent the platform's payment system or attempt to avoid fees.

Any violation of this acceptable use policy may result in the suspension or termination of the User's Account.

6.2 Compliance with Laws and Regulations

Users are solely responsible for ensuring that their use of "DeVibe" complies with any applicable local, national, or international laws. The Company is not responsible for any unlawful use of the Service by the User.

6.3 Responsibility for Service Quality

Developers are responsible for delivering services and completing jobs according to the specifications agreed upon with Vibe Coders. Vibe Coders are responsible for providing clear requirements and timely feedback. Both parties must communicate professionally and work toward successful project completion.

6.4 Content Ownership and Licensing

Users retain ownership of any content they create or upload to "DeVibe." By using the platform, Users grant the Company a non-exclusive, worldwide, royalty-free license to store and process the content as part of the Service. This license is solely for the purpose of providing the Service to the User and does not grant the Company any additional rights over the content.

7. Intellectual Property Rights

7.1 Ownership of Company Content

All content, features, and functionality provided by "DeVibe," including but not limited to software, design, text, graphics, logos, trademarks, and platform features, are the exclusive property of Lalk Vidović d.o.o. and its licensors. These materials are protected by intellectual property laws and may not be copied, modified, distributed, or used without explicit written permission from the Company.

7.2 User-Created Content

Users retain all rights and ownership over the content they create, services they provide, and work they deliver through "DeVibe." By using the platform, Users grant the Company a limited, non-exclusive, royalty-free license to store, process, and display the content solely for the purpose of providing the Service.

7.3 Third-Party Services

"DeVibe" integrates third-party services such as Stripe for payment processing. These services may have their own terms and intellectual property rights. The Company is not responsible for any intellectual property issues that arise from the use of these third-party services.

7.4 User Warranties

By uploading content or providing services on "DeVibe," you represent and warrant that:

• You own or have obtained all necessary rights and permissions to use the content and grant the licenses specified in these Terms.
• The content does not infringe upon or violate any intellectual property rights, privacy rights, or other legal rights of any third party.
• The content is not defamatory, obscene, or otherwise unlawful.

8. Payment Terms

8.1 Payment Processing

All payments for services and jobs are processed through Stripe, a secure third-party payment processor. The Company does not store or have access to any credit card or payment information provided by the User. All payment details are securely handled by Stripe in accordance with their privacy policies and security protocols.

8.2 Escrow System

All payments on DeVibe are held in escrow through Stripe until work is completed and approved. This system protects both Vibe Coders and Developers by ensuring that payment is secured before work begins and released only when deliverables are approved.

8.3 Developer Payouts

Developers receive payments through Stripe Connect once work is approved by Vibe Coders. Developers must complete Stripe Connect verification to receive payments. Payout timing follows Stripe's standard processing schedules.

8.4 Platform Fees

DeVibe charges a platform fee on successful transactions to cover platform maintenance, payment processing, and support services. Fee structures are clearly displayed during the booking or job application process.

8.5 Refund Policy

Refunds are handled through the platform's dispute resolution system. If work is not delivered as specified or does not meet the agreed-upon requirements, Vibe Coders may request a refund. Each case is reviewed individually to ensure fair resolution.

8.6 Taxes and VAT

9. Limitation of Liability

9.1 Platform Service Disclaimers

The Service provided by "DeVibe" connects Vibe Coders with Developers for marketplace transactions. The Company makes no warranties or representations regarding the quality, accuracy, or reliability of services provided by Developers or the suitability of Developers selected by Vibe Coders. Users acknowledge that all transactions and work arrangements are conducted at their own discretion and risk.

9.2 No Guarantee of Service Availability

The Company does not guarantee that the Service will be available at all times, nor does it warrant that the Service will be free from errors or interruptions. Users agree that the Company will not be held liable for any damages or losses resulting from Service outages, interruptions, or the unavailability of third-party services like Stripe.

9.3 No Responsibility for User Actions

The Company is not liable for any actions, decisions, or consequences arising from Users' interactions on "DeVibe." Users are solely responsible for their communications, work quality, and business relationships formed through the platform. The Company assumes no liability for any claims, damages, or legal disputes resulting from User interactions.

9.4 No Liability for Third-Party Services

"DeVibe" integrates with third-party services, such as Stripe for payment processing. The Company disclaims all responsibility for any errors, failures, or breaches caused by these third-party providers. Users acknowledge that these providers operate under their own terms and that the Company is not responsible for their actions, omissions, or performance.

9.5 Total Exclusion of Liability

To the maximum extent permitted by law, the Company, its officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunities, or legal claims arising out of or related to the use of the Service.

9.6 Cap on Liability

In the event that any limitation of liability is found unenforceable, the total liability of the Company for any claims relating to the Service will not exceed the total amount of platform fees paid by the User in the previous 12 months. This limitation applies to all claims, regardless of the legal theory or cause of action.

9.7 User Acknowledgment

By using the Service, the User acknowledges and agrees that they are using the Service at their own risk, and the Company is not responsible or liable for any consequences resulting from their use of the Service or interactions with other Users.

10. Indemnification

10.1 User Agreement to Indemnify

By using "DeVibe," the User agrees to indemnify, defend, and hold harmless Lalk Vidović d.o.o., its affiliates, officers, directors, employees, agents, and third-party service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or in any way connected to:

• The User's use of the Service.
• The User's violation of these Terms or any applicable laws or regulations.
• Any content uploaded, submitted, or transmitted by the User through the Service, including claims of intellectual property infringement or violation of third-party rights.
• Any disputes arising from work performed or services provided through the platform.
• Any action taken by the User based on information or services obtained through the platform.

10.2 Third-Party Claims

The User agrees to indemnify the Company against any claims brought by third parties arising from the User's use of the Service, including but not limited to claims related to work quality, intellectual property disputes, payment disputes, or any legal action arising from the User's conduct while using the Service.

10.3 Indemnification Procedure

If any claim or legal action is brought against the Company for which indemnification is required, the User agrees to cooperate fully with the Company in defending such claims. The Company reserves the right to assume exclusive defense and control of any matter subject to indemnification by the User, and the User shall not settle any such matter without the prior written consent of the Company.

11. Termination of Service

11.1 Termination by the Company

The Company reserves the right to terminate or suspend any User's access to "DeVibe" at its sole discretion, without prior notice, for reasons including but not limited to:

• Violation of these Terms.
• Engagement in prohibited or unlawful activities using the Service.
• Actions that disrupt the operation of the Service or harm other Users.
• Fraudulent activities or abuse of the payment system.
• Misuse of the platform or failure to deliver services as promised.

In the event of termination, the User will lose access to their Account and any associated data, and any ongoing projects will be handled according to their current status and escrow arrangements. The Company will not be held liable for any damages or losses resulting from the termination of the User's access.

11.2 Termination by the User

Users may terminate their Account at any time by contacting customer support at info@devibe.network. Upon termination, ongoing projects will be handled according to their current status and escrow arrangements, but no refunds will be provided for completed transactions. The User will retain access to their data but will lose the ability to create new projects or services.

11.3 Effects of Termination

Upon termination of an Account:

• The User's access to the Service will be revoked, and they will no longer be able to create new projects or book services.
• All User data, including profile information, messages, and project history, may be deleted after a reasonable retention period as per the Company's data retention policy.
• Ongoing payments held in escrow will be processed according to project status and completion.
• The Company will not be responsible for any loss of data following the termination.

11.4 Termination for Misuse or Abuse

The Company reserves the right to terminate any Account that engages in misuse or abuse of the Service, including activities such as spamming, fraudulent transactions, or using the Service for illegal purposes. In such cases, any funds held in escrow may be forfeited, and the Company may pursue legal action if necessary.

12. Modifications to Terms

12.1 Right to Modify

The Company reserves the right to modify, update, or change these Terms at any time at its sole discretion. Any such modifications will be effective immediately upon being posted on the "DeVibe" website or within the app. Continued use of the Service after the changes are posted will be considered acceptance of the new Terms.

12.2 Notification of Changes

The Company will make reasonable efforts to notify Users of any significant changes to these Terms by sending a notification via email to the address associated with the User's Account or by displaying a prominent notice within the "DeVibe" app or website. However, it is the responsibility of the User to review these Terms regularly to stay informed of any updates.

12.3 User Consent to Changes

By continuing to use the Service after changes to the Terms are made, the User agrees to be bound by the revised Terms. If the User does not agree to the changes, they must discontinue using the Service and may terminate their Account as outlined in Section 11.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms and any disputes or claims arising out of or related to the use of "DeVibe" or these Terms shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law provisions.

13.2 Mandatory Dispute Resolution Process

Before initiating any chargeback, dispute, or legal action, the User agrees to first attempt to resolve the matter informally by contacting customer support at info@devibe.network. Failure to engage in good-faith resolution efforts may result in the dispute being considered fraudulent.

13.3 Chargebacks and Payment Disputes

Users must not initiate a chargeback or payment dispute without first contacting the Company to resolve the issue.

• Filing an unauthorized or fraudulent chargeback may result in immediate account suspension, legal action, and debt collection proceedings.
• The Company reserves the right to provide evidence—including login records, IP addresses, timestamps, and service usage logs—to payment processors and legal authorities in response to disputes.

13.4 Jurisdiction and Venue

If the dispute cannot be resolved informally, the parties agree to submit to the exclusive jurisdiction of the courts located in Split, Croatia. The User and the Company consent to the jurisdiction of such courts for any legal proceedings arising out of or related to these Terms or the use of the Service.

13.5 Waiver of Class Action

To the fullest extent permitted by law, all disputes shall be resolved on an individual basis. The User agrees that they may only bring claims against the Company in their individual capacity and not as a plaintiff or class member in any purported class or representative action.

14. Miscellaneous

14.1 Entire Agreement

These Terms, along with the Privacy Policy and any other legal notices or agreements posted by the Company within the "DeVibe" app or website, constitute the entire agreement between the User and the Company with respect to the use of the Service. These Terms supersede any prior agreements, understandings, or representations between the User and the Company.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.

14.3 No Waiver

The Company's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Company.

14.4 Assignment

The User may not assign or transfer any of their rights or obligations under these Terms without the prior written consent of the Company. The Company may assign or transfer these Terms, in whole or in part, at any time without notice or consent.

14.5 Force Majeure

The Company will not be liable for any failure to perform its obligations under these Terms if such failure results from circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, natural disasters, or interruptions in the availability of third-party services.

15. Developer Marketplace Provisions

15.1 Overview

"DeVibe" operates as a marketplace connecting Vibe Coders with Developers. The Company facilitates these connections but is not a party to the actual work arrangements or service agreements between Users.

15.2 Service Quality Standards

Developers are expected to deliver services according to the specifications agreed upon with Vibe Coders. The platform includes review and rating systems to maintain quality standards, but the Company does not guarantee the quality of work performed by Developers.

15.3 Communication Guidelines

All communication between Vibe Coders and Developers should remain professional and project-focused. Users are encouraged to use the platform's messaging system for transparency and record-keeping purposes.

15.4 Project Management

Users are responsible for managing their own projects, timelines, and deliverables. The platform provides tools to facilitate project management, but ultimate responsibility for project success rests with the individual Users.

16. Escrow and Payment Protection

16.1 Escrow System Operation

All payments on DeVibe are processed through Stripe's secure escrow system. When a Vibe Coder books a service or accepts a job proposal, payment is immediately charged and held in escrow until work is completed and approved.

16.2 Payment Release Conditions

Payments are released from escrow to Developers when:

• The Vibe Coder explicitly approves the completed work
• The agreed-upon delivery deadline has passed without dispute
• A dispute is resolved in favor of the Developer

16.3 Dispute Resolution Process

If there is a disagreement about work quality or completion, Users can initiate a dispute through the platform. The Company will review the dispute based on the original project requirements, communication history, and delivered work.

16.4 Refund Conditions

Refunds may be issued to Vibe Coders if:

• Work is not delivered within the agreed timeframe without valid reason
• Delivered work significantly fails to meet the agreed specifications
• A Developer becomes unresponsive during an active project
• A dispute is resolved in favor of the Vibe Coder

16.5 Platform Fee Structure

DeVibe charges a platform fee on successful transactions. This fee covers payment processing, dispute resolution, customer support, and platform maintenance. Fee structures are clearly displayed before any transaction is completed.