Legal

Terms of Service

Last updated: April 2026

These Terms of Service ("Terms") govern your access to and use of Vibe Coach and the vibecoach.me website (together, the "Services"), operated by Mixer Inc. ("Mixer," "we," "our," or "us"). Please read them carefully. By accessing or using the Services, you agree to be bound by these Terms.

1. Eligibility

You must be at least 13 years old, or the minimum age required in your country, to use the Services. By using the Services, you represent that you meet this requirement and that you have the legal capacity to enter into these Terms.

2. Your account

Some features of the Services require you to create an account. You agree to provide accurate, current information and to keep it up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us promptly at info@mixercorp.com if you suspect unauthorized access.

3. Your content

You retain ownership of any content you create, upload, or submit through the Services ("Your Content") — including the workout videos you record. By submitting Your Content, you grant Mixer a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, and display Your Content solely for the purpose of operating, improving, and providing the Services to you. We do not claim ownership of Your Content.

You are solely responsible for Your Content and represent that you have all rights necessary to submit it and grant the license above — including, where applicable, the consent of any other person who appears in a video you record.

4. Acceptable use

When using the Services, you agree not to:

5. Health and fitness disclaimer

Vibe Coach provides feedback and information for general fitness and educational purposes only. It is not a medical device and does not provide medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional before beginning or changing any exercise program, and stop and seek medical attention if you experience pain, injury, or other adverse effects. You use the Services at your own risk.

6. Beta software

During the TestFlight beta, the Services are provided as a pre-release version. Features may be incomplete, results may be inconsistent, and the app may be updated, suspended, or discontinued without notice. We appreciate your feedback and reserve the right to incorporate it into future versions of the Services without compensation to you.

7. Fees and subscriptions

Some features of the Services may be offered for a fee or as a paid subscription. If you purchase a subscription through a third-party store (such as the Apple App Store or Google Play), your purchase is also subject to that store's terms. Subscriptions renew automatically unless you cancel before the renewal date. Except where required by law, fees are non-refundable. During the TestFlight beta, Vibe Coach is free.

8. Intellectual property

The Services, including all related software, content, trademarks, and designs (other than Your Content), are owned by Mixer or its licensors and are protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use.

9. Feedback

If you send us feedback, suggestions, or ideas about the Services, you grant Mixer the right to use that feedback without restriction or compensation to you.

10. Third-party services

The Services may contain links to or integrations with third-party websites and services. We are not responsible for the content, policies, or practices of any third party, and your use of those services is governed by their own terms.

11. Termination

You may stop using the Services at any time and may request deletion of your account by contacting info@mixercorp.com. We may suspend or terminate your access to all or part of the Services at any time, with or without notice, if we believe you have violated these Terms or if we need to do so to protect the Services or our users. Provisions of these Terms that by their nature should survive termination will survive.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIXER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100).

14. Indemnification

You agree to defend, indemnify, and hold Mixer harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, Your Content, or your violation of these Terms.

15. Dispute resolution and arbitration

Please read this section carefully — it affects your legal rights and requires you to resolve most disputes with Mixer through individual arbitration rather than a court trial or class action.

Binding arbitration. Except for (a) disputes that qualify for small-claims court, and (b) claims for injunctive or other equitable relief relating to intellectual-property rights, any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") will be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules & Procedures (or, for claims above the JAMS streamlined threshold, its Comprehensive Arbitration Rules & Procedures). The arbitration will be conducted in Wilmington, Delaware, or remotely, in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and Mixer 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, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

30-day opt-out. You may opt out of this arbitration agreement by sending written notice to info@mixercorp.com within 30 days of first accepting these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect the remaining provisions of these Terms.

Survival. This Section survives termination of these Terms.

16. Governing law

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. Subject to the arbitration provisions above, any Dispute not subject to arbitration will be resolved exclusively in the state or federal courts located in Delaware, and you consent to the jurisdiction of those courts.

17. Changes to these Terms

We may update these Terms from time to time. If the changes are material, we will give you reasonable notice. Your continued use of the Services after the changes take effect constitutes acceptance of the updated Terms.

18. Contact us

Questions about these Terms? Email info@mixercorp.com.