Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and VibeShift LLC ("VibeShift," "we," "us," or "our"), governing your access to and use of the VibeShift mobile application and related services (collectively, the "Service").

By downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

You must be at least 18 years of age to use this Service. By using the Service, you represent that you are at least 18 years old. VibeShift™ includes intense breathwork and somatic practices intended for adults only.

2. Description of Service

VibeShift™ is a wellness application that provides access to:

• The Frequency Charging Program: a five-phase daily active somatic breath-driven energy exercise program, with charge progress you can see building over 21-day cycles, designed to reset your frequency from within
• Breathwork Library: the 5 Frequency-aligned breath practices used within The Frequency Charging Program (Tantric/Pendulum, Breathe & Push, Breathe Hold Push, Breathe Hold Swallow Push, The Let Go)
• Body Sensations educational module: guidance on the physical and somatic experiences users may encounter during practice (tingling, temperature changes, emotional release, etc.)
• Personal journaling: daily journal access for all users (including pre-session intentions and post-session reflections)
• Additional support tools, content libraries, community features, and hardware integration may be introduced in future launches; the Service description above reflects the VS1.0 initial-launch feature set.

Certain features and content are available only to subscribers as described in Section 4.

3. Account Registration

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain the security of your password and accept all risks of unauthorized access to your account
• Promptly notify us if you discover or otherwise suspect any security breaches related to the Service
• Take responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided proves inaccurate, not current, or incomplete.

4. Subscriptions and Billing

4.1 Subscription Plans

VibeShift™ offers the following subscription options:

• Free Tier: Limited access at no charge. Includes a sample of The Frequency Charging Program (the first phase, in shortened form), full Journal access (no entry caps), an introduction to the Body Sensations educational module, and the Breathwork Library (5 Frequency-aligned breath practices). Free users do not have access to the full Frequency Charging Program (Phases I–V); subscription is required for full access.
• Monthly Subscription: $17.99 per month, with full access to all content and features.
• Annual Subscription: $179.00 per year, with full access to all content and features. Includes a 7-day free trial with full access. Annual subscriptions renew at $179.00 per year unless cancelled.
• Founding Tiers (pre-launch only, for a limited time): Founding Member ($89/year locked rate for life, limited window), Cornerstone ($249 one-time lifetime access, 50 seats), and Inner Circle ($799 one-time lifetime access plus founder-direct perks, 10 seats). Founding Tiers are processed by VibeShift directly via Stripe and are subject to the direct-refund provisions in Section 4.5.

4.2 Free Trial

New subscribers who choose the Annual Subscription are eligible for a 7-day free trial with full access to all features. To begin a free trial, a valid payment method must be provided. You will not be charged during the free trial period. If you do not cancel before the trial ends, your subscription will automatically convert to the paid Annual Subscription at $179.00 per year.

Free trials are available to new subscribers only. We reserve the right to determine eligibility for free trial offers.

4.3 Billing and Renewal

Subscriptions are billed through the Apple App Store or Google Play Store, depending on your device. By subscribing, you authorize the applicable platform to charge your selected payment method on a recurring basis at the rate applicable to your chosen plan. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period.

Renewal pricing: Monthly subscriptions renew at $17.99/month. Annual subscriptions renew at $179.00/year. Founding Member tier subscriptions renew at $89.00/year (the locked-rate guarantee), provided the subscriber maintains continuous subscription. Cornerstone and Inner Circle tiers are one-time lifetime purchases and do not renew.

4.4 Cancellation

You may cancel your subscription at any time by managing your subscription through your Apple App Store or Google Play account settings. Cancellation takes effect at the end of the current billing period, and you will retain access to paid features until that time. Cancellation does not entitle you to a refund for any previously charged subscription period.

4.5 Refunds

App Store / Google Play purchases: All subscription purchases processed through the Apple App Store or Google Play Store are subject to the refund policies of those platforms. VibeShift™ does not directly process refunds for these subscriptions. If you believe you are entitled to a refund for an App Store or Google Play subscription, please contact Apple Support (for iOS) or Google Play Support (for Android).

Pre-sale purchases (Founding Tiers, purchased directly via VibeShift / Stripe): Founding Member, Cornerstone, and Inner Circle tier purchases are processed directly by VibeShift™ via Stripe and are governed by the following direct-refund policy:

(a) Full refund available if VibeShift VS1.0 has not launched on the App Store by the publicly stated launch target date plus a 60-day buffer. Request must be made within 30 days after that combined date.

(b) Full refund available within 7 days of purchase, for any reason, prior to VS1.0 launch.

(c) After VS1.0 launches and access is delivered, Cornerstone and Inner Circle lifetime purchases are non-refundable except as required by applicable consumer protection law. Founding Member annual subscriptions are non-refundable on a pro-rata basis once delivered.

Refund requests for Founding Tier purchases should be sent to support@thevibeshift.app. Requests will be reviewed within 5 business days.

4.6 Price Changes

We reserve the right to modify subscription pricing at any time. We will provide reasonable advance notice of any price changes. Your continued use of the Service after a price change becomes effective constitutes your acceptance of the new pricing. If you do not accept the new pricing, you may cancel your subscription before the new price takes effect.

5. User Content

5.1 Your Content

The Service allows you to submit, post, and share content, including journal entries and community posts ("User Content"). You retain all ownership rights in your User Content.

By submitting User Content, you grant VibeShift™ a limited, non-exclusive, royalty-free license to store and display your User Content solely as necessary to operate and provide the Service. We do not claim ownership of your journal entries or community posts.

5.2 Community Content Standards

You agree not to post User Content that:

• Is unlawful, harmful, threatening, abusive, harassing, or defamatory
• Infringes any third-party intellectual property rights
• Contains sexually explicit, violent, or otherwise objectionable material
• Constitutes spam or unauthorized commercial communications
• Impersonates any person or entity

We reserve the right to remove any User Content that violates these standards without notice.

6. Intellectual Property

The Service and its original content, features, and functionality, including but not limited to The Frequency Charging Program, all audio and video content, the VibeShift™ brand, visual design, and software, are and will remain the exclusive property of Linton H. Gooden and VibeShift LLC.

The VibeShift™ name and logo, the "Vibe Shift" wordmark (with italicized "Shift"), and the tagline "Always Be Charging (ABC)" are trademarks of VibeShift™. Nothing in these Terms grants you the right to use any VibeShift™ trademark without prior written consent.

You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse-engineer or attempt to extract the source code of the Service.

7. Health & Wellness Disclaimer

VibeShift™ is a wellness and personal development application. The content provided, including breathwork exercises, somatic practices, and The Frequency Charging Program, is for general wellness and educational purposes only.

THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

Some breathwork exercises included in the app can be intense. Users with cardiovascular conditions, respiratory issues, anxiety disorders, epilepsy, pregnancy, or other medical conditions should consult a qualified healthcare provider before participating. Do not practice intense breathwork while driving or operating machinery.

By using the Service, you acknowledge that you are voluntarily participating in these activities and assume all risks associated with them.

8. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to any part of the Service or its related systems
• Use automated tools, bots, or scrapers to access the Service
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to decompile, reverse engineer, or disassemble any portion of the Service
• Use the Service to transmit unsolicited communications or spam
• Share your account credentials with any third party

9. Termination

We may terminate or suspend your account and access to the Service at our sole discretion, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

If you wish to terminate your account, you may do so by contacting us at support@thevibeshift.app. Account deletion will result in permanent loss of your data, including journal entries, after a 30-day grace period.

10. Disclaimers

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

We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIBESHIFT™ OR LINTON H GOODEN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO VIBESHIFT™ IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the App and updating the effective date. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

14. Contact Us

If you have questions about these Terms of Service, please contact:

VibeShift™, operated by VibeShift LLC

Email: support@thevibeshift.app

Country: United States