1. Who we are and what these Terms cover
These Terms of Service ("Terms") form a legally binding agreement between you ("you", the "User") and:
Outstandly Ventures Ltd
86-90 Paul Street, London, EC2A 4NE, United Kingdom
("Outstandly", "we", "us")
Contact email: cellardoor@gigavibe.ai
They govern your use of the Gigavibe mobile application and any related services (together, the "Service"). Capitalized words are defined where they first appear or in the Definitions section.
Where you obtained the App through the Apple App Store, you acknowledge and agree that Apple may enforce these Terms against you as a third-party beneficiary, even though the agreement is concluded only between you and us.
Nothing in these Terms creates any employment, agency or partnership relationship between you and us.
At a glance
- Paid subscriptions renew automatically. Renewal periods, cancellation and notice requirements are described in the Subscriptions section.
- Special rules apply to consumers based in Germany — see the dedicated part of the Subscriptions section.
2. Who may use the Service
By using the Service, you confirm that:
- you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a "terrorist-supporting" country; and
- you are not on any U.S. government list of prohibited or restricted parties.
3. Your account
To use the Service you must create an account and provide the requested information completely and truthfully. Without an account, the Service is unavailable.
You are responsible for keeping your login credentials confidential and for choosing a strong password. You are responsible for everything that happens under your account. If you believe your account, credentials or personal data have been compromised, tell us immediately at the contact email above.
Closing your account
You can close your account and stop using the Service at any time by contacting us at the email address above.
Suspension and deletion by us
We reserve the right to suspend or delete, at our discretion and without notice, accounts that we consider inappropriate, offensive or in violation of these Terms. Suspension or deletion does not entitle you to compensation, damages or reimbursement, and — where caused by your own conduct — does not release you from paying any applicable fees.
4. The Service and AI-generated content
Gigavibe generates captions, replies and similar suggestions using automated (AI) systems, based on the content you submit. Outputs are produced automatically, without human review, and may occasionally be inaccurate, incomplete or unsuitable for your intended use. You are solely responsible for reviewing any generated output before you use it, and for how and where you use or share it.
Through the Service you may also reach external, third-party resources. We have no control over such resources and are not responsible for their content or availability; the third parties' own terms apply to them.
5. Our content and your license to use the App
Unless otherwise indicated, all content, software and technology making up the Service are owned by us or our licensors, and all intellectual property rights in them — copyrights, trademark rights, patent rights, design rights and any other exclusive rights — remain with us or our licensors. All trademarks, trade names, service marks, illustrations, images and logos appearing in connection with the Service remain their owners' exclusive property. We make every reasonable effort to ensure content on the Service infringes no law or third-party rights; if you believe something does, please report it to us at the contact email above.
Subject to your compliance with these Terms, we grant you a revocable, non-exclusive, non-transferable, non-sublicensable license to use the App and its embedded software for the purposes the Service is offered for. This license gives you no rights to the source code, and all techniques, algorithms and procedures in the software remain our (or our licensors') sole property. This license, and every other right granted to you, ends immediately when the agreement between you and us terminates or expires.
You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express prior written permission.
6. Content you provide
The Service lets you upload and submit your own content (such as photos, screenshots and text). By doing so, you confirm that you are legally entitled to submit it and that it does not violate any law or third-party right.
You grant us a non-exclusive, royalty-free, fully paid-up license to process the content you provide solely to operate and maintain the Service as contractually required. To the extent permitted by applicable law, you waive moral rights in the content you provide. Content you provide is otherwise subject to the same conditions as content on the Service generally.
Your responsibility and our right to remove
You are solely liable for content you upload or submit. We do not pre-screen or moderate user content. However, we reserve the right to remove or block content, and to deny the uploading User access to the Service, without prior notice, in any of these cases:
- an actual or alleged violation of these Terms, third-party rights or applicable law;
- a notice of infringement of intellectual property rights;
- a notice of violation of a third party's privacy, including their intimate privacy;
- an order of a public authority; or
- where we become aware the content may pose a risk to Users, third parties or the availability of the Service.
Removal or blocking of content does not entitle the User who provided it to any compensation, damages or reimbursement. You agree to hold us harmless from any claim or damage arising from content you provided through the Service.
Where the App is available through the Apple App Store: content reported as objectionable will be removed within 24 hours, and the User who provided it will be barred from using the Service.
7. Acceptable use
You may use the Service only for what it is provided for, under these Terms and applicable law. You are solely responsible for ensuring your use violates no law, regulation or third-party right.
We reserve the right to take any appropriate measure to protect our legitimate interests — including denying access to the Service, terminating contracts, and reporting misconduct to judicial or administrative authorities — where you engage in, or are suspected of, any of the following:
- violating laws, regulations or these Terms;
- infringing third-party rights;
- considerably impairing our legitimate interests; or
- offending us or a third party.
Child sexual abuse and exploitation
Creating, uploading or distributing content that facilitates the exploitation or abuse of children is strictly prohibited. This includes all child sexual abuse material. We will remove such content, terminate the accounts involved and report to the competent authorities as required by law.
8. Purchases
Paid products
Some parts of the Service are paid ("Products"). Prices, descriptions and availability of Products are shown in the App and may change without notice. Product representations (images, graphics, sounds) are for reference only and are not a warranty of Product characteristics; the characteristics of the chosen Product are outlined during the purchase flow.
Purchases via app stores
Products are purchased through the Apple App Store or Google Play, following the store's own process. Those stores' terms and conditions also apply to your purchase and, in case of conflict with these Terms, the store's terms prevail. Please read them carefully.
Ordering and payment
Submitting an order creates the contract and your obligation to pay the stated price, taxes and any fees shown. Before you submit, you are shown all fees, taxes and costs you will be charged (prices may be shown inclusive or exclusive of taxes depending on the section). Upon submission you will receive a receipt. Order-related notifications go to the contact details you provided.
All payments are processed independently by the app store and third-party payment providers. We do not collect payment information such as card details — we only receive notification that payment succeeded. If a payment fails or is refused, we are under no obligation to deliver the Product and reserve the right to claim any resulting expenses or damages from you.
Products do not become yours — and you acquire no usage rights in them — until we receive the full purchase price.
Delivery of digital content
Unless stated otherwise, digital content is delivered via download to your device. Your device and its software must be lawful, commonly used, up to date and consistent with current market standards. Download availability may be limited in time and space.
9. Subscriptions and automatic renewal
Subscriptions give you access to a Product continuously over the period you select. A paid subscription starts when we receive your payment and runs for the chosen period.
Subscriptions renew automatically for a period equal to the original term, using the payment method you chose at purchase, unless you cancel.
Subscriptions billed through your Apple Account
Where you subscribe using the Apple Account linked to your App Store account:
- payments are charged to your Apple Account;
- the subscription renews automatically for the same duration unless you cancel at least 24 hours before the current period ends;
- renewal fees are charged within the 24 hours before the current period ends; and
- you can manage or cancel the subscription in your Apple App Store account settings.
These store rules prevail over any conflicting provision of these Terms. Google Play subscriptions are managed the same way through your Google Play account settings.
Cancelling
You can end a subscription by using the controls in your app store account (recommended), or by sending us a clear termination notice at the contact email above. If your cancellation is received before the subscription renews, it takes effect at the end of the current period; once a period expires without renewal, the Product is no longer accessible.
Consumers based in Germany
If you are a consumer based in Germany, the following applies instead: after the initial term, the subscription extends for an indefinite period unless you terminate before the initial term ends. After extension, you may terminate monthly. You will receive a reminder of the upcoming indefinite extension in reasonable advance, explaining how to prevent it or terminate afterwards. A termination notice received by the end of a month takes effect at the end of that month. The extension fee is charged to the payment method you chose at purchase.
10. Withdrawal and cancellation rights
Consumers in the European Union
EU consumers ordinarily have a 14-day right to withdraw from distance contracts without giving a reason. However, because our Products are digital content and digital services made available immediately after purchase, you acknowledge and accept that — once performance has begun with your express consent — the right of withdrawal is lost in accordance with applicable law, and therefore does not apply to purchases made through the Service.
Consumers in the United Kingdom
The same applies to UK consumers' statutory 14-day cancellation right for distance contracts: given the digital nature of our offering and its immediate supply with your acknowledgment, the right to cancel does not apply to purchases made through the Service.
Consumers in Brazil — right of regret
If you are a consumer in Brazil, you have a legal right of regret: you may withdraw from a contract concluded at a distance within seven (7) days of concluding it or receiving the Product, for any reason and without justification. To exercise it, send us an unequivocal statement of withdrawal through the contact channels listed at the top of this document within that period. We will reimburse all payments received from you without undue delay and no later than 14 days from the day we are informed of your decision, using the same means of payment you used, at no cost to you.
11. Legal guarantees
EU consumers: under EU law, we are liable for the conformity of digital content and digital services for a minimum of 2 years from supply, or — for digital Products supplied continuously over a longer period — for the entire supply period. The laws of your country of habitual residence may grant you broader rights.
UK consumers: you have a statutory right to receive digital content that is in conformity with the contract.
Brazilian consumers: under the Consumer Protection Code, non-durable products carry a 30-day legal guarantee and durable products a 90-day legal guarantee, counted from delivery. The guarantee does not cover misuse or events outside our control, and can be claimed through our contact channels.
12. Liability, disclaimers and indemnification
Unless explicitly stated otherwise or agreed with you, our liability for damages connected with the performance of this agreement is excluded, limited or reduced to the maximum extent permitted by applicable law.
This does not limit liability for damages to life, health or physical integrity, damages resulting from a breach of material contractual obligations (obligations strictly necessary to achieve the contract's purpose), or damages caused by intent or gross negligence, provided the Service was used appropriately and correctly. Unless caused by intent or gross negligence, or affecting life, health or physical integrity, our liability is limited to the typical damages foreseeable when the contract was concluded.
Users in the United States — disclaimer of warranties
The Service is provided strictly on an "as is" and "as available" basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, we expressly disclaim all conditions, representations and warranties — express, implied, statutory or otherwise — including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, oral or written, obtained by you from us or through the Service creates any warranty not expressly stated here.
Without limiting the above, neither we nor any of our affiliates, subsidiaries, licensors, officers, directors, employees, agents, partners or suppliers warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that it will be available uninterrupted or secure at any particular time or location; that defects will be corrected; or that the Service is free of viruses or other harmful components. Content downloaded through the Service is obtained at your own risk, and you are solely responsible for any resulting damage to your device or loss of data. We do not endorse or assume responsibility for any third-party product or service advertised or offered through the Service or any hyperlinked resource, and we are not a party to transactions between you and third-party providers. The Service may become inaccessible or may not function properly with your device or operating system. Some jurisdictions do not allow certain exclusions of implied warranties, so parts of the above may not apply to you; this agreement gives you specific legal rights, and you may have other rights that vary by jurisdiction.
Users in the United States — limitation of liability
To the maximum extent permitted by applicable law, in no event shall we, or any of our affiliates, subsidiaries, officers, directors, employees, agents, partners or suppliers, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages — including damages for loss of profits, goodwill, use, data or other intangible losses — arising out of or relating to the use of, or inability to use, the Service; nor for any loss, damage or injury caused by unauthorized access to, or tampering with, the Service, your account or the information it contains; errors, mistakes or inaccuracies of content; personal injury or property damage resulting from your access to or use of the Service; unauthorized access to our secure servers or the personal information stored in them; interruption or cessation of transmission to or from the Service; bugs, viruses, trojan horses or the like transmitted through the Service; errors or omissions in any content, or loss or damage from the use of content posted, emailed, transmitted or otherwise made available through the Service; or the defamatory, offensive or illegal conduct of any User or third party.
In no event shall our total liability to you exceed the amount you paid to us in the preceding 12 months, or the duration of this agreement, whichever is shorter. This section applies to the fullest extent permitted by law, whatever the basis of the alleged liability (contract, tort, negligence, strict liability or otherwise), even if we were advised of the possibility of such damage. Where a jurisdiction does not allow certain exclusions or limitations, they apply only to the extent permitted there.
Users in Australia
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy you have under the Competition and Consumer Act 2010 (Cth) or similar state or territory legislation that cannot be excluded (a non-excludable right). To the fullest extent permitted by law, our liability — including for breach of a non-excludable right — is limited, at our option, to re-performing the services or paying the cost of having them re-performed.
Indemnification
You agree to defend, indemnify and hold us — and our affiliates, subsidiaries, officers, directors, employees, agents, partners and suppliers — harmless from and against any claims, demands, damages, obligations, losses, liabilities, costs and expenses (including legal fees) arising from: your use of and access to the Service, including any data or content you transmit or receive; your violation of these Terms; your violation of third-party rights, including privacy and intellectual property rights; your violation of any law, rule or regulation; content submitted from your account, including access by third parties using your credentials; or your willful misconduct — in each case to the extent permitted by applicable law.
13. General provisions
Service interruption and discontinuation
We may interrupt the Service for maintenance, updates or other changes, informing you appropriately. Within the limits of the law, we may also suspend or discontinue the Service entirely; if we do, we will cooperate with you so you can withdraw your personal data and information, and we will respect your rights to continued use or compensation as provided by applicable law. The Service may also be unavailable for reasons outside our reasonable control (force majeure), such as infrastructure failures or blackouts.
No waiver
Our failure to assert a right or provision under these Terms is not a waiver of it, and no waiver is a continuing waiver of that or any other term.
Changes to these Terms
We may amend these Terms at any time and will inform you appropriately of changes. Changes apply from the date communicated to you onwards. Your continued use of the Service signifies acceptance of the revised Terms; if you do not wish to be bound, stop using the Service and you may terminate the agreement. The previous version governs the relationship before your acceptance and is available from us on request. Where legally required, we will give you advance notice of when modified Terms take effect.
Assignment
We may transfer, assign or subcontract rights or obligations under these Terms, taking your legitimate interests into account. You may not assign or transfer your rights or obligations under these Terms without our written permission.
Contacts
All communications regarding the Service should be sent to the contact email stated at the top of this document.
Severability
If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions stay in full force.
For US Users: any invalid provision will be interpreted and reformed to the extent reasonably required to make it valid, enforceable and consistent with its original intent. These Terms are the entire agreement between you and us on their subject matter and supersede all prior communications and agreements on it, and will be enforced to the fullest extent permitted by law.
For EU Users: the parties will negotiate in good faith to replace a void, invalid or unenforceable provision with a valid, enforceable one; failing that, the applicable statutory provisions replace it, where permitted. The invalidity of individual provisions does not nullify the whole agreement, unless the severed provisions are essential to it, or continuing without them would impose unacceptable hardship on either party.
Governing law
These Terms are governed by the law of the place where we are based — England and Wales — without regard to conflict-of-law principles. However, where the law of the country you are located in provides higher mandatory consumer protection standards, those standards prevail. If you qualify as a consumer in Switzerland, Swiss law applies. If you qualify as a consumer in Brazil and the product or service is marketed there, Brazilian law applies.
Venue of jurisdiction
The exclusive competence to decide disputes arising from or connected to these Terms lies with the courts of the place where we are based. This does not apply to consumers in the European Union, the United Kingdom, Switzerland, Norway or Iceland, nor to consumers in Brazil, who may rely on the venue rules of their own law.
Privacy
Information about how we process personal data is in our privacy policy.
14. Dispute resolution
Your right to take legal action always remains unaffected. That said, if any dispute arises from your use of the Service, we ask you to first contact us at the email address above with a brief description and, where applicable, the details of the related order, purchase or account. We will process your complaint without undue delay, within 2 days of receiving it, and try to resolve the matter amicably.
15. Definitions
Agreement
The legally binding contractual relationship between you and us governed by these Terms.
App / Service
The Gigavibe application and the services provided through it as described in these Terms.
Product
A good or service available through the Service, including Digital Products: content supplied in digital form, or services allowing the creation, processing, storing or accessing of data in digital form.
Owner / We
Outstandly Ventures Ltd, the entity providing the Service.
User / You
Any natural person or legal entity using the Service.
Consumer
Any User qualifying as a consumer under applicable law.
European / EU, United Kingdom / UK, Brazilian / Brazil
Refer to where a User is located, regardless of nationality.