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Terms of Use

Effective Date: January 1, 2025
Last Updated: January 1, 2025

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Trinova Capital Pty Ltd ("Company," "we," "us," or "our"), a company registered in South Africa, operating the APIVibeCode service ("Service," "Platform," or "Website").

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Service.

Company Information:

2. Description of Service

APIVibeCode is an automated tool that converts API collections (Postman collections, OpenAPI specifications, etc.) into framework-specific code for various programming languages and frameworks including but not limited to Node.js/Express, Python/Flask, Java/Spring Boot, PHP/Laravel, Hono, and other supported frameworks.

The Service operates on a wallet-based credit system where users purchase credits to perform conversions. Additionally, the Service provides a limited free tier as described in Section 5A.

3. Eligibility

3.1 Age Requirement

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are 18 years of age or older.

3.2 Legal Capacity

You must have the legal capacity to enter into binding contracts. By using the Service, you represent that you have the authority to agree to these Terms.

3.3 Geographic Availability

While the Service is intended for a global audience, availability may vary by jurisdiction. You are responsible for ensuring your use complies with local laws.

4. Account Registration and Security

4.1 Account Creation

To use the Service, you must provide accurate and complete registration information, maintain and update your information, provide a valid email address, and create a secure password.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, all activities that occur under your account, notifying us immediately of any unauthorized use, and taking reasonable steps to prevent unauthorized access.

4.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent or illegal activities, your account remains inactive for an extended period, or we are required to do so by law.

5A. Free Tier and Usage Limits

5A.1 Free Tier Allocation

We provide one (1) free API conversion per calendar month to each user. This free tier is subject to the following conditions:

  • One Free Conversion Per Month: Each user (whether registered or anonymous) is entitled to a maximum of one (1) free conversion per calendar month
  • Reset Period: The free conversion allocation resets on the first day of each calendar month
  • Non-Transferable: Free conversions cannot be accumulated, transferred, stored, or exchanged for credit
  • No Cash Value: Free conversions have no monetary value and cannot be refunded or converted to wallet credits

5A.2 User Identification and Anti-Abuse Measures

To enforce fair use of the free tier and prevent abuse, we employ multiple identification and tracking methods including but not limited to:

  • Browser Fingerprinting: We use FingerprintJS and similar technologies to generate unique visitor identifiers based on browser characteristics, device attributes, canvas/WebGL rendering, audio context, and other technical signals
  • IP Address Tracking: We record and track IP addresses associated with conversions
  • Account Identification: For registered users, we track usage via your user account
  • Device Information: We collect device metadata including user agent, screen resolution, language preferences, timezone, and platform information
  • Cross-Session Tracking: We maintain persistent identifiers to track usage across browser sessions

5A.3 STRICTLY PROHIBITED CIRCUMVENTION ACTIVITIES

WARNING: Any attempt to circumvent, bypass, manipulate, or abuse our free tier limits constitutes a MATERIAL BREACH of these Terms and may result in immediate and severe consequences.

The following activities are STRICTLY PROHIBITED:

  1. Multiple Account Creation: Creating multiple accounts (registered or anonymous) to obtain additional free conversions
  2. Fingerprint Manipulation: Using tools, scripts, browser extensions, or techniques to alter, spoof, randomize, or mask your browser fingerprint
  3. IP Address Circumvention: Using VPNs, proxies, Tor, IP rotation services, or other methods to disguise or change your IP address for the purpose of obtaining additional free conversions
  4. Browser Manipulation: Using private/incognito browsing, clearing cookies/local storage, or switching browsers to reset tracking mechanisms
  5. Virtual Machines/Containers: Using virtual machines, Docker containers, emulators, or similar technologies to simulate multiple devices
  6. Automation and Bots: Using automated scripts, bots, or tools to interact with the Service
  7. Identity Fraud: Providing false information or impersonating others to obtain additional conversions
  8. Cache/Storage Manipulation: Clearing, modifying, or manipulating localStorage, cookies, IndexedDB, or other browser storage mechanisms to reset tracking
  9. Device Spoofing: Using tools to simulate different devices, screen resolutions, or hardware configurations
  10. Referral Abuse: Creating fake referrals or manipulating any promotional systems
  11. API Abuse: Directly accessing internal APIs to bypass the user interface and tracking mechanisms
  12. Reverse Engineering: Analyzing, decompiling, or reverse engineering our fingerprinting or tracking systems

5A.4 Consequences for Violation

IF WE DETECT OR REASONABLY SUSPECT ANY CIRCUMVENTION ACTIVITY, WE RESERVE THE RIGHT TO:

  1. Immediate Account Suspension: Your account may be suspended immediately without prior notice
  2. Permanent Ban: You may be permanently banned from using the Service
  3. Credit Withholding: All wallet credits and balances may be withheld indefinitely and will NOT be refunded
  4. Forfeiture: Any unused credits, conversion results, or account data may be forfeited
  5. Legal Action: We reserve the right to pursue legal remedies, including damages, attorney's fees, and injunctive relief
  6. Reporting: We may report suspected fraud or abuse to relevant authorities
  7. Information Sharing: We may share information about abuse with payment processors, fraud prevention services, and other affected parties

5A.5 Detection and Investigation

We employ sophisticated fraud detection systems that analyze patterns across multiple signals. We reserve the right to:

  • Monitor and analyze usage patterns for suspicious activity
  • Investigate suspected abuse at our sole discretion
  • Make final determinations regarding violations without appeal
  • Decline to provide specific evidence or methods of detection to protect our systems

5A.6 No Obligation to Provide Free Tier

The free tier is provided as a courtesy and may be modified, suspended, or discontinued at any time without notice. We are under no obligation to provide free conversions to any user.

5. Wallet and Payment Terms

5.1 Wallet System

Our Service operates on a prepaid wallet system where users purchase credits that are added to their wallet balance. Credits are deducted when conversions are performed. Minimum wallet top-up amount is $5.00 USD (or equivalent) with no maximum limit on wallet balance.

5.2 Payment Processing

All payments are processed through Paystack, our third-party payment processor. You agree to comply with Paystack's terms of service. Payment information is subject to Paystack's privacy policy. We do not store complete payment card details on our servers.

5.3 Pricing

Conversion costs are clearly displayed before each conversion. Prices are subject to change with 30 days' notice. Credits do not expire unless your account is terminated. Promotional pricing or discounts may be offered at our discretion.

5.4 Transaction Records

All transactions are recorded in your account history. You can view your transaction history at any time through your account dashboard. Transaction records are maintained for a minimum of 7 years.

6. Refund Policy

6.1 Strict Refund Conditions

IMPORTANT: Our refund policy is strict and limited. Refunds or credits are ONLY provided under the following condition:

The Service completely failed to generate any output or result.

This means a refund or credit is available if the conversion process fails to produce any code output, the Service experiences a technical error preventing any result from being generated, or you are charged but receive no conversion result whatsoever.

6.2 NO REFUNDS For:

Refunds or credits will NOT be provided for:

  • Code Quality Issues: We do not guarantee the generated code will work perfectly in your specific environment or codebase
  • Compatibility Issues: The generated code may require modifications to work with your specific setup
  • User Error: Incorrect inputs, incompatible API specifications, or user mistakes
  • Change of Mind: After a successful conversion, regardless of satisfaction with the result
  • Partial Functionality: If code is generated but requires debugging or modifications
  • Integration Challenges: Difficulty integrating generated code into existing projects
  • Performance Issues: Generated code not meeting performance expectations
  • Best Practices: Code not following your preferred coding standards or practices
  • Unused Credits: Purchased credits that remain unused in your wallet

6.3 Refund Process

If you believe you qualify for a refund under Section 6.1, contact help@apivibecode.com within 48 hours of the failed transaction. Provide your account email, transaction ID or timestamp, description of the failure, and screenshots or error messages if applicable. We will investigate your claim within 3-5 business days and notify you of our decision via email.

6.4 Refund Method and Timeline

Approved refunds or credits are processed within 7 business days of approval. At our discretion, we may provide a credit to your wallet balance OR a refund to your original payment method. Bank refunds may take an additional 5-10 business days depending on your financial institution.

6.5 Chargeback Policy

Initiating a chargeback without first contacting us may result in immediate account termination. We reserve the right to dispute illegitimate chargebacks. Accounts involved in fraudulent chargeback claims will be permanently banned.

7. Acceptable Use Policy

7.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights
  • Upload malicious code or harmful content
  • Attempt to reverse engineer or decompile the Service
  • Use automated tools without authorization
  • Interfere with or disrupt the Service
  • Impersonate others or provide false information
  • Engage in fraudulent activities
  • Resell or redistribute the Service without authorization
  • Circumvent or attempt to circumvent free tier limits (see Section 5A.3)
  • Manipulate tracking or identification mechanisms
  • Create multiple accounts to abuse free conversions
  • Use VPNs, proxies, or fingerprint spoofing tools to evade usage tracking

7.2 Prohibited Content

You may not upload API collections that contain malicious code, viruses, or malware, violate third-party intellectual property rights, include illegal or harmful content, contain personal data without proper authorization, or violate any applicable laws or regulations.

7.3 Service Limitations

You acknowledge that the Service is provided "as is" without modifications, we may limit conversions per account to prevent abuse, we may implement rate limiting or usage restrictions, and excessive or abusive use may result in account suspension.

8. Intellectual Property Rights

8.1 Service Ownership

The Service, including all software, algorithms, designs, trademarks, logos, and content (excluding user-generated content), is owned by Trinova Capital Pty Ltd and protected by intellectual property laws.

8.2 User Content

You retain ownership of API collections you upload. You grant us a limited license to process and convert your content. Generated code is provided to you for your use. We do not claim ownership of your input or output.

8.3 Code Output

Generated code is provided for your use according to these Terms. You are responsible for ensuring compliance with any applicable licenses. Generated code may include framework-specific boilerplate subject to framework licenses. We make no representations regarding the originality of generated code patterns.

8.4 Restrictions

You may not copy, modify, or create derivative works of the Service, use our trademarks without written permission, remove or alter any proprietary notices, or frame or mirror any part of the Service.

9. Warranties and Disclaimers

9.1 NO WARRANTY ON CODE OUTPUT

CRITICAL DISCLAIMER: WE DO NOT GUARANTEE THAT GENERATED CODE WILL work in your specific environment or codebase, be free from errors or bugs, follow your specific coding standards or best practices, meet your performance requirements, be compatible with all versions of frameworks, require no modifications or debugging, or function without additional configuration.

9.2 Service Availability

We do not guarantee uninterrupted service availability, error-free operation, specific response times, compatibility with all systems or browsers, or that the Service will meet your specific requirements.

9.3 AS-IS Service

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

9.4 Third-Party Services

We are not responsible for third-party payment processor issues (Paystack), analytics service performance (Google Analytics), framework or language compatibility issues, or third-party API or service changes.

10. Limitation of Liability

10.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRINOVA CAPITAL PTY LTD SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, COST OF SUBSTITUTE SERVICES OR GOODS, OR DAMAGES EXCEEDING THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

10.2 Specific Exclusions

We are not liable for errors in generated code or conversion results, compatibility issues with your codebase or environment, time spent debugging or modifying generated code, business losses due to code issues, security vulnerabilities in generated code, performance issues in generated code, third-party service failures or interruptions, data loss or corruption, or unauthorized access to your account (if caused by your negligence).

10.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Trinova Capital Pty Ltd, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising from your use or misuse of the Service, your violation of these Terms, your violation of any third-party rights, your uploaded content or API collections, any code you generate and deploy using the Service, or your negligent or willful misconduct.

12. Data and Privacy

12.1 Data Processing

By using the Service, you acknowledge that your data will be processed according to our Privacy Policy, we may temporarily store uploaded API collections for conversion, we use analytics to improve the Service, and your payment information is processed by Paystack.

12.2 Data Security

While we implement reasonable security measures, we cannot guarantee absolute security. You are responsible for maintaining secure backups. You should not upload sensitive or confidential data without proper precautions.

12.3 Data Retention

Uploaded API collections are deleted within 30 days unless saved to your account. Account information is retained as described in the Privacy Policy. Transaction records are maintained for 7 years.

13. Modifications to Service and Terms

13.1 Service Changes

We reserve the right to modify, suspend, or discontinue the Service at any time, add or remove features without notice, change pricing with 30 days' notice, and update supported frameworks and languages.

13.2 Terms Updates

We may update these Terms at any time. Material changes will be notified via email or prominent website notice. Continued use after changes constitutes acceptance. The "Last Updated" date will reflect the most recent changes.

13.3 User Responsibility

You are responsible for regularly reviewing these Terms, understanding changes that may affect your use, and ceasing use if you disagree with updates.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.

14.2 Jurisdiction

You agree that any legal action or proceeding arising from these Terms or your use of the Service shall be brought exclusively in the courts of South Africa, and you consent to the jurisdiction of such courts.

14.3 Dispute Resolution Process

In the event of a dispute: (1) Contact help@apivibecode.com to attempt informal resolution, (2) Allow 30 days for good-faith negotiation, (3) If unresolved, disputes shall be settled by binding arbitration under South African law, (4) You agree to resolve disputes individually, not as part of a class action.

14.4 Exceptions

Nothing in this section prevents us from seeking injunctive relief in any court of competent jurisdiction to protect our intellectual property rights or prevent unauthorized use of the Service.

15. Termination

15.1 Termination by User

You may terminate your account at any time by contacting help@apivibecode.com or following account closure procedures in your account settings. Note: Unused wallet credits are non-refundable upon voluntary termination.

15.2 Termination by Us

We may terminate or suspend your account immediately if:

  • You violate these Terms
  • You engage in fraudulent activities
  • You attempt to circumvent free tier limits (see Section 5A)
  • You manipulate or spoof fingerprints, IP addresses, or tracking mechanisms
  • You create multiple accounts to abuse free conversions
  • Required by law or regulatory authority
  • Your account has been inactive for an extended period
  • You initiate a chargeback without justification

15.3 Effect of Termination

Upon termination:

  • Your access to the Service will be immediately revoked
  • Unused wallet credits will be withheld indefinitely if termination is due to abuse or circumvention
  • Unused wallet credits will be forfeited (unless termination is due to our breach)
  • We may delete your account data per our retention policy
  • Provisions regarding liability, indemnification, and intellectual property survive termination

15.4 Credit Withholding for Abuse

IMPORTANT: If your account is suspended or terminated due to suspected abuse, circumvention of free tier limits, fraud, or violation of Section 5A.3:

  • All wallet credits and balances will be withheld indefinitely
  • No refunds will be issued under any circumstances
  • Credits will NOT be transferred to any other account
  • We may hold credits pending investigation for up to 180 days
  • Determination of abuse is at our sole discretion and is final

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Trinova Capital Pty Ltd regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

16.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, or internet service failures.

16.6 No Agency

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Trinova Capital Pty Ltd.

16.7 Notices

All notices to you will be sent to the email address associated with your account. Notices to us should be sent to help@apivibecode.com or privacy@apivibecode.com.

16.8 Language

These Terms are provided in English. In case of translation, the English version prevails.

17. Contact Information

For questions, concerns, or notices regarding these Terms:

General Inquiries: help@apivibecode.com
Legal/Privacy Matters: privacy@apivibecode.com
Company: Trinova Capital Pty Ltd, South Africa
Response Time: We aim to respond to all inquiries within 3-5 business days.


Acknowledgment and Acceptance

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.

Special Acknowledgments:

  • ☑️ I understand that refunds are ONLY provided when the Service fails to generate ANY output
  • ☑️ I understand that generated code is provided "as is" and may require debugging
  • ☑️ I understand that code quality and compatibility are NOT guaranteed
  • ☑️ I understand that unused wallet credits are non-refundable
  • ☑️ I understand that the free tier is limited to 1 conversion per month per user
  • ☑️ I understand that attempting to bypass free tier limits will result in account suspension and credit forfeiture
  • ☑️ I understand that browser fingerprinting and IP tracking are used to enforce usage limits
  • ☑️ I am at least 18 years of age
  • ☑️ I have read and agree to the Privacy Policy

Document Version: 1.0
Effective Date: January 1, 2025
Last Reviewed: January 1, 2025

Questions about these terms? Contact us at help@apivibecode.com