End User License Agreement

This End User License Agreement ("EULA") is a legal agreement between you ("User" or "you") and the operator of Ideal Vibe ("the operator," "we," "us," or "our") for the use of our mobile application ("App") and related services. Ideal Vibe is a personal project operated by a private individual: Rumen Radev, Varna, Bulgaria. You accept this EULA when you tick the box for it in the App and continue. You can read it on our website before you install the App. If you do not accept it, you cannot use the App.

Notice for users in the United States: Section 12 contains a binding arbitration agreement and a class action waiver. Unless you opt out within 30 days as Section 12.3 describes, you and the operator give up the right to go to court, the right to a jury trial and the right to bring or join a class action, except as Section 12 provides.

Other documents. The agreement for the App is this EULA together with our Terms of Service ("Terms"), our Refund Policy for purchases and, if you enter the Creator Bounty Programme, the Official Bounty Rules (see Section 14). Prices, renewal, cancellation, withdrawal and refunds for paid features are covered in Section 5 of the Terms and in the Refund Policy. Our Privacy Policy explains how we process personal data. In this EULA, a "consumer" is a person who uses the App for purposes outside their trade, business or profession.

Eligibility. You must be at least 18 years old, or the age of majority where you live if that is higher (20 in Thailand), to use the App. The App asks for your year of birth; if it shows that you are under 18 (under 20 in Thailand), you cannot continue. You can then sign out or delete your account, or write to privacy@idealvibe.app and we will delete it. Section 2 of the Terms has the full eligibility rules.

1. License Grant

The App is licensed to you, not sold. We grant you a personal, limited, non-exclusive, non-transferable license to install and use the App on mobile devices that you own or control, for personal, non-commercial purposes (except as Section 3 allows), subject to this EULA and the rules of the store from which you got the App. The license lasts until it ends under Section 10. You may not copy, modify, distribute, sublicense, rent, lease, decompile, reverse-engineer, or create derivative works of the App, except to the extent that the law that applies to you expressly allows this despite a contractual ban.

Open-source components included in the App remain subject to their own license terms.

The App needs an internet connection to load weather and other live data. Some features, such as weather for where you are, need access to your device's location. The App runs on mobile devices with the operating-system versions shown in the store listing. Features can differ from country to country, and in some regions the App runs in a restricted mode, which the App tells you about.

Paid and earned features. Ideal Vibe PRO ("PRO") features are licensed to you on the same terms as the rest of the App and are not sold to you, whether you get them through a subscription, through a one-time Lifetime purchase made earlier, or through a Pro Pass earned by watching rewarded ads.

• A subscription license lasts for the period you have paid for and renews as Section 5 of the Terms describes.
• "Lifetime" does not mean your lifetime. Section 5.2 of the Terms says how long a Lifetime purchase lasts and what happens if we stop offering PRO or the App.
• A Pro Pass, where the App offers one, is temporary, has no cash value and cannot be transferred.
• Purchases are made through the Apple App Store or Google Play. Price, renewal, cancellation, withdrawal and refunds are described in Section 5 of the Terms and in the Refund Policy.
• The free tier shows advertising (Section 6 of the Terms).

2. User Obligations

You agree to:

• Use the App in compliance with all applicable laws and regulations.
• Not use the App for illegal activities, harassment, spam, or infringement of others' rights.
• Not attempt to hack, disrupt, overload, or gain unauthorized access to the App or our systems.
• Not use automated tools, bots, or scripts to access the App.
• Provide accurate information when required.

You confirm that you are not located in a country or territory that is under a comprehensive embargo of the European Union, the United Kingdom, the United Nations or the United States, and that you are not on any of their lists of sanctioned or restricted parties. You must not use, export or re-export the App where sanctions or export-control law forbids it. Section 21 of the Terms also applies.

We may suspend or end your access as Section 10 describes.

3. Intellectual Property

All content, trademarks, logos, code, and intellectual property in the App are owned by us or our licensors. Except as this section allows, you may not copy, reproduce, distribute, or use them without explicit written permission.

You may save and share the images and videos you create with the App's sharing tools, including the Ideal Vibe name, logo and templates they contain, on your own social-media and messaging accounts, as long as you do not alter the marks or suggest that we endorse you. Where the Creator Bounty Programme is offered, you may take part under the Official Bounty Rules; the non-commercial limit in Section 1 does not stop that. Map data, photos and weather data supplied by third parties remain subject to their own licenses and attribution requirements.

4. Weather Data and Activity Recommendations

You acknowledge and agree that:

• Weather and environmental conditions can change rapidly and unpredictably.
• Recommendations are generated algorithmically and may not account for your personal health, skill, equipment, accessibility needs, local regulations, or temporary hazards.
• You are solely responsible for evaluating risks, choosing appropriate activities, gear, training, supervision, and routes.
• Third‑party information may be inaccurate, unavailable, or incomplete.
• The App does not provide medical, fitness, legal, or professional advice.

4.1 User Safety Obligations

• Assess your own physical condition and skill, and seek professional instruction where appropriate.
• Carry and use appropriate safety equipment; follow manufacturer and authority guidance.
• Monitor official sources for warnings, closures, and restrictions.
• Use alternative transportation or routes if conditions are unsafe; turn back when in doubt.

4.2 Assumption of Risk; Release

To the maximum extent permitted by law, you knowingly and voluntarily assume all risks of injury, illness, death, or property damage arising from or related to any activity you choose to undertake. You hereby release and discharge the operator and any affiliates of the operator from any and all claims and liabilities arising from such activities.

This Section 4.2 applies together with Section 6. It does not exclude or limit any liability that Section 6 says cannot be excluded or limited.

5. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW THAT APPLIES TO YOU, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THE APP WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM VIRUSES. USE AT YOUR OWN RISK.

Nothing in this section removes rights that the law gives you as a consumer and that cannot be excluded. Section 20 describes some of those rights.

6. Limitation of Liability

SECTION 12 OF THE TERMS SETS OUT THE LIMITS ON OUR LIABILITY TO YOU AND THE EXCEPTIONS TO THOSE LIMITS. IT IS PART OF THIS EULA AND APPLIES TO THIS EULA AND TO YOUR USE OF THE APP. This EULA does not set a separate cap.

Nothing in this EULA, including Sections 4.2 and 5, excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, under product liability law that cannot be excluded by contract, or for any other liability that cannot lawfully be excluded or limited. Section 20 says how this works in specific countries and regions.

7. Indemnification

If you are a consumer, you do not give us an indemnity under this EULA. You remain liable, under the law that applies, for damage that you cause through your own fault.

If you use the App in the course of a trade, business or profession, Section 13 of the Terms applies to this EULA as well. This EULA adds no further indemnity.

8. Data and Privacy

Our Privacy Policy explains how we process personal data when you use the App. It is information for you and not a term of this EULA. Accepting this EULA is not consent to the processing of your personal data. The App handles your privacy choices, such as analytics, personalized ads, data sharing, crash reports and marketing emails, separately from this EULA. You can review them at any time in the App under Profile > Privacy & legal > Privacy Controls and change them there, within the limits the App applies for your country.

9. Updates and Modifications

Changes to this EULA. We may change this EULA to follow a change in law or an order of an authority, to reflect new or changed features of the App, for security, or to make the text clearer or correct errors. We announce a material change by email or in the App at least 30 days before it applies. If you do not agree, you can stop using the App and end the contract without cost. If you tell us in writing within those 30 days that you do not agree, you may end the contract without cost or, where the change is not required by law or by an authority, continue under the earlier terms. A change required by law can apply sooner.

A material change is one that reduces your rights or adds to your obligations, for example a change to the license, liability or dispute resolution. Other changes apply when we post the new version. To tell us in writing, write to legal@idealvibe.app. A change does not apply to a dispute that arose before it. A change to Section 12 follows the rule in Section 12.8.

Updates to the App. We may update the App to fix errors, to keep it secure, to keep it working with new devices, operating systems and store requirements, to follow the law, and to add, change or improve features. Updates are delivered through the App Store or Google Play and may be downloaded and installed automatically. They cost you nothing. We make available the updates, including security updates, that are needed to keep the App working as this EULA describes. If you do not install an update that was made available to you, we are not responsible for a fault that is caused only by the missing update. If an update materially reduces what a paid plan gives you, we tell you at least 30 days in advance by email or in the App, and you may end your paid plan without cost within 30 days of our notice or of the update, whichever is later. We then refund the unused prepaid time as Section 15.1 of the Terms and the Refund Policy describe.

10. Termination

Ending by you. You may end this EULA at any time by deleting your account and the App. Deleting your account does not cancel a subscription that is billed through the App Store or Google Play; cancel it in your store account first. Our Delete Account page explains how to delete your account and what happens to paid access when you do.

Ending by us. We may suspend or end your license only where the Terms allow us to suspend or end your access to the App. Section 14 of the Terms sets out the reasons, the notice we give and how you can contest a decision.

Paid features. Section 14 of the Terms and the Refund Policy say what happens to a paid plan when your access ends. For a Lifetime purchase, see Section 5.2 of the Terms.

When this EULA ends, you must delete the App and stop using it. Sections 3, 4, 5, 6, 7, 11, 12, 13, 14 and 20 continue to apply after it ends.

11. Governing Law

This EULA is governed by the laws of Bulgaria, without regard to conflict‑of‑laws principles, except as Section 12 states for users in the United States. If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence, and you may bring proceedings in the courts of that country. If you live in the United States, Section 12 decides where and how disputes are resolved, unless you opted out under Section 12.3. Nothing in this section limits any right you have to bring a complaint before a competent authority or to use an out-of-court dispute resolution scheme.

12. Dispute Resolution — United States Users Only

This section applies only if you live in the United States (including its territories). It applies whether or not the App asked you to confirm arbitration separately. If the App asked you to confirm arbitration and you do not live in the United States, that confirmation has no effect and your rights under Section 11 are unchanged.

PLEASE READ THIS SECTION CAREFULLY. Unless you opt out under Section 12.3, you and the operator each give up the right to go to court (except as Section 12.4 allows), the right to a jury trial, and the right to bring or join a class action.

12.1 Agreement to Arbitrate

You and the operator agree that any dispute, claim, or controversy between you and the operator arising out of or relating to the App, our related services, this EULA, the Terms, the Refund Policy, or the Creator Bounty Programme shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (including its rules for mass filings), rather than in court. Despite Section 11, the Federal Arbitration Act governs the interpretation and enforcement of this Section 12. The arbitrator may award any individual relief that a court could award, including public injunctive relief where the law of your state gives you that right. Judgment on the award may be entered in any court of competent jurisdiction.

12.2 Class Action Waiver

You and the operator agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative proceeding.

12.3 Your Right to Opt Out

You may opt out of this Section 12 by sending written notice by email to legal@idealvibe.app within 30 days of first accepting this EULA, stating your name, the email address of your account and that you decline arbitration. We confirm receipt by email. One notice covers every dispute that this Section 12 covers, including disputes about the Terms, the Refund Policy and the Creator Bounty Programme. Entering the Creator Bounty Programme does not start a new 30 days. Opting out affects no other part of this EULA and will not disadvantage you in any way.

12.4 Exceptions

Either party may bring an individual action in small-claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.

12.5 Severability of this Section

If the class action waiver in Section 12.2 is held unenforceable as to any claim, that claim shall proceed in court and the remainder of this Section 12 continues to apply.

12.6 Informal Resolution First

Before starting an arbitration, the party that wants to start it must send the other a written notice that describes the dispute and the relief sought. You send yours to legal@idealvibe.app; we send ours to the email address of your account. Each of us will try to resolve the dispute within 60 days of the notice, and an arbitration may be started only after those 60 days. Any time limit for bringing the claim is paused during those 60 days. This Section 12.6 does not apply to the court actions that Section 12.4 allows.

12.7 Fees and Hearing

The American Arbitration Association's consumer fee schedule applies. You pay no more than the filing fee that the schedule sets for a consumer. We pay all other fees of the American Arbitration Association and of the arbitrator, and we pay them on time. A hearing may be held by video, by telephone or on documents only, where the Consumer Arbitration Rules allow it. If a hearing in person is held, we agree to hold it in the county where you live.

12.8 Changes to this Section and Survival

If we change this Section 12, we announce the change by email or in the App at least 30 days before it applies. You may reject the change by email to legal@idealvibe.app within 30 days of our notice; the earlier version of this Section 12 then continues to apply to you. A change does not apply to a dispute that arose before our notice. If you opted out under Section 12.3, your opt-out continues to apply. This Section 12 continues to apply after this EULA ends or your account is closed.

13. Severability

If any provision of this EULA is found to be unenforceable, the remaining provisions shall remain in full force and effect.

14. Entire Agreement

The agreement between you and us for the App is this EULA and the Terms of Service, together with the Refund Policy for purchases and, if you enter the Creator Bounty Programme, the Official Bounty Rules. Together they are the entire agreement between you and us regarding the App. The Terms are part of this EULA by reference: when you accept this EULA, you also agree to the Terms. The Privacy Policy explains how we process personal data; it is not a term of the agreement.

If these documents conflict, the Official Bounty Rules govern the Creator Bounty Programme; the End User License Agreement governs the licence to use the App, the restrictions on use, the Apple App Store terms and dispute resolution for users in the United States; the Refund Policy governs refund amounts and how to ask for a refund; and the Terms of Service govern everything else.

Nothing in this section affects rights that mandatory consumer law gives you.

This EULA is published in Arabic, Bulgarian, Chinese (Simplified), English, French, German, Japanese, Portuguese, Russian and Spanish. The contract is the language version that was shown to you when you accepted this EULA. Where the law of your country gives you the right to the contract in an official language of that country and we publish this EULA in that language, you may also rely on that version.

15. Automated Recommendations

Activity match scores in the App are produced by rule-based scoring of weather data, time of day and opening hours against activity attributes, for the location you choose or allow the App to use. Recommendations are filtered by the categories and filters you set, and among similar scores the activities in the categories you chose are listed first. The "Surprise me!" games draw activities at random, with odds weighted by that score; most of the games draw only from the best-scoring activities. They normally leave out your last few picks, which are kept on your device. Where the App offers Smart Calendar and you allow it to read your calendar, the planning feature also uses your busy times to suggest a time. The App does not use artificial intelligence or machine learning to generate recommendations, and the score does not use a record of your past behaviour in the App. You can change the categories and filters you have set at any time in the App.

Where the App offers rewarded ads that earn a Pro Pass, an automated, rule-based abuse-prevention score can limit, delay or refuse rewarded-ad sessions and Pro Passes. It is based on signals such as the timing and frequency of reward sessions, hashed device and network identifiers, the age of the account, whether ad views were verified, and whether the account uses the App's weather features. You can ask for a human review of such a decision by writing to privacy@idealvibe.app.

Google AdMob may personalize the ads shown in the App. Whether it does depends on your country and the choices you make in the App. See Section 6 of the Terms and Section 11 of the Privacy Policy.

We take no decision based solely on automated processing that produces legal or similarly significant effects for you within the meaning of Article 22 GDPR.

16. Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, epidemic, labour disputes, governmental action, network or power failure, or outages of networks, app stores or data providers that we could not reasonably prevent or work around. This section does not take away remedies that the law gives you as a consumer.

17. Assignment

You may not assign or transfer this EULA or any rights under it without our prior written consent. We may assign this EULA in whole or in part to an affiliate or in connection with a merger, acquisition, reorganisation, or sale of assets, on notice to you. Where you are a consumer, any such assignment will not reduce your rights under this EULA.

18. No Waiver

Our failure to enforce any provision of this EULA is not a waiver of that provision or of any other, and no single or partial exercise of a right precludes any further exercise of it.

19. Apple App Store

If you obtained the App from the Apple App Store, the following applies to you in addition to the rest of this EULA. In this section, "Apple" means Apple Inc.

• (a) Acknowledgement. You and the operator acknowledge that this EULA is between you and the operator only, and not with Apple. The operator, not Apple, is solely responsible for the App and its content.
• (b) Scope of license. The license granted to you is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The App may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
• (c) Maintenance and support. The operator alone is responsible for any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support.
• (d) Warranty. The operator is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App. Any other claim, loss, liability, damage, cost or expense that results from a failure to conform to a warranty is the sole responsibility of the operator.
• (e) Product claims. The operator, not Apple, is responsible for addressing any claim by you or a third party relating to the App or your possession and use of it, including: product liability claims; any claim that the App fails to conform to an applicable legal or regulatory requirement; and claims under consumer protection, privacy or similar legislation.
• (f) Intellectual property claims. If a third party claims that the App or your possession and use of it infringes that party's intellectual property rights, the operator, not Apple, is solely responsible for investigating, defending, settling and discharging the claim.
• (g) Legal compliance. You state that you are not located in a country that is subject to a US Government embargo or that the US Government has designated a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
• (h) Developer contact. Questions, complaints or claims about the App can be sent to Rumen Radev, Varna, Bulgaria, legal@idealvibe.app.
• (i) Third-party terms. You must comply with the third-party terms that apply when you use the App, for example your wireless data service agreement.
• (j) Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this EULA. When you accept this EULA, Apple has the right (and is taken to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

20. Additional Terms for Specific Countries and Regions

This section adds to Sections 1 to 19 for users in the countries and regions named below. Where a rule here differs from Sections 1 to 19, the rule here applies to you. Section 22 of the Terms has further rules for specific countries and regions, and they apply as well.

20.1 European Economic Area

If you are a consumer in the European Economic Area:

• You have a legal guarantee that the App, as a digital service, conforms to the contract. The guarantee covers paid features. Where the law of your country also applies it to a service that you receive in return for personal data, it covers the free tier as well. If the App does not conform, you are entitled to have it brought into conformity, to a price reduction or to end the contract, as the law of your country provides. Sections 4.2, 5 and 6 do not limit this guarantee or its remedies.
• Section 4.2 applies to you only as a statement of the risks of activities, and not as a limit on our liability.
• The mandatory consumer protection law of the country where you live applies in addition to this EULA, and you may bring proceedings in the courts of that country (Section 11).
• You can write to us first at legal@idealvibe.app. You may also complain to the consumer protection authority of your country or use an out-of-court dispute resolution body, where one is available.

20.2 Germany and Austria

If you are a consumer living in Germany or Austria, Sections 4.2 and 5 do not exclude or limit our liability to you. The rules on our liability for Germany and Austria in Section 22 of the Terms apply to this EULA as well.

20.3 United Kingdom

If you are a consumer in the United Kingdom, paid features of the App must be of satisfactory quality, fit for their purpose and as described, as the Consumer Rights Act 2015 provides. Sections 4.2, 5 and 6 do not limit those rights or the remedies that the Act gives you. Section 4.2 applies to you only as a statement of the risks of activities, and not as a limit on our liability. You may bring proceedings in the courts of the part of the United Kingdom where you live (Section 11).

20.4 United States

(a) Disputes. Sections 11 and 12 say where and how disputes are resolved if you live in the United States.

(b) New Jersey. If you are a consumer living in New Jersey, these parts of this EULA do not apply to you: the release in the second sentence of Section 4.2, as far as it would release a claim for harm caused by our negligence or by our reckless or intentional conduct; and the disclaimer of implied warranties in Section 5.

(c) US Government users. If you are a US Government user, you receive only the rights that this EULA gives to every other user.

20.5 Canada

If you are a consumer in Canada, the mandatory consumer protection law of your province or territory applies, nothing in this EULA limits it, and you may bring proceedings in the courts of your province or territory (Section 11). Section 12 does not apply to you. This EULA is available in French: choose French as the language of the App or of our website.

20.6 Brazil

If you are a consumer in Brazil, the mandatory rules of Brazilian consumer protection law apply, nothing in this EULA limits them, and you may bring proceedings in the courts of the place where you live (Section 11). Section 12 does not apply to you. This EULA is available in Portuguese.

20.7 Japan

If you are a consumer in Japan, Sections 4.2 and 5 do not exempt us from liability for damage caused by our intent or gross negligence, and they do not exempt us from all liability for damage caused by our negligence. Our liability to you is limited only as far as Japanese consumer contract law allows.

20.8 Republic of Korea

If you live in the Republic of Korea, Sections 4.2 and 5 do not exclude or limit our liability for damage caused by our intent or gross negligence. Where the law of the Republic of Korea lets a minor or a legal guardian cancel a contract made without the guardian's agreement, that right is not affected.

20.9 Australia and New Zealand

If you are a consumer in Australia or New Zealand, the consumer guarantees of the Australian Consumer Law or of the New Zealand Consumer Guarantees Act 1993 apply where those laws cover you. Nothing in this EULA, including Sections 4.2, 5 and 6, excludes, restricts or modifies a guarantee, right or remedy that you have under those laws.

21. Contact Us