Terms and Conditions

These Terms & Conditions ("Terms") are a binding legal agreement between you ("you," "your," or "Customer") and onlygoodvibes.dev, trading as OnlyGoodVibes ("OnlyGoodVibes," "we," "us," or "our"), governing your access to and use of the OnlyGoodVibes website at onlygoodvibes.dev, the audit and fix services described there, the customer dashboard, any reports we deliver, and all related features (together, the "Service").

By accessing the Service, clicking "I agree," submitting a project, or paying any fee, you accept these Terms in full. If you do not agree, you must not use the Service.

We may update these Terms at any time as described in Section 18. Your continued use of the Service after an update constitutes acceptance of the revised Terms.

You represent and warrant that:

• you are at least 18 years old and legally capable of entering into a binding contract;
• where you use the Service on behalf of a company, partnership, or other entity, you have full authority to bind that entity, and "you" refers to both you and that entity;
• you are not barred from receiving the Service under the laws of any applicable jurisdiction, including sanctions and export-control laws; and
• all information you provide is accurate, current, and complete.

We may refuse, suspend, or terminate Service to anyone, for any reason, at any time, at our sole discretion.

OnlyGoodVibes provides a human-led code review ("Audit") in which an engineer reviews a codebase you submit and produces a written report identifying issues the engineer has, in their professional judgment, observed ("Report"). We may also offer, separately and at our discretion, remediation work ("Fix Services") billed at the hourly rate then displayed on the Service.

The Audit is an advisory opinion, not a guarantee. You expressly acknowledge and agree that:

• the Report reflects the subjective professional judgment of the reviewing engineer at a point in time, based only on the materials you supply, and is not a certification, warranty, guarantee, or assurance of any kind;
• the Audit does not purport to identify every defect, vulnerability, security flaw, bug, compliance gap, performance issue, or other problem in your codebase, and the absence of a finding is not a representation that no issue exists;
• the Audit is not a penetration test, a formal security certification, a legal or regulatory compliance review, an accounting or financial audit, professional engineering certification, or legal advice, and no such relationship is created;
• you remain solely responsible for your application, its security, its compliance with applicable law, its fitness for any purpose, and any decision to deploy, launch, or operate it;
• any fix-time or fix-cost estimate in a Report is a non-binding good-faith estimate only and does not constitute a quote, a commitment, or a promise of outcome.

Statistics, percentages, and claims displayed on our marketing pages are illustrative and aggregate in nature and do not constitute a promise about the results of your particular Audit.

"Customer Materials" means any source code, repositories, files, archives, URLs, credentials, access tokens, descriptions, and other materials you connect, upload, paste, or otherwise make available to us.

You represent and warrant that:

• you own the Customer Materials or have all rights, licenses, consents, and permissions necessary to submit them and to authorize our review;
• submitting the Customer Materials and our review of them will not breach any contract, license (including open-source license terms), confidentiality obligation, non-disclosure agreement, or any third party's intellectual-property, privacy, or other rights;
• the Customer Materials do not contain, and you will not submit, any data you are not authorized to disclose, including third-party personal data, regulated data (such as payment-card, health, or government-issued-identifier data), or material subject to special legal protection, unless you have a lawful basis to disclose it to us; and
• the Customer Materials do not contain malware or unlawful content.

License grant. You grant us a worldwide, royalty-free, non-exclusive license to access, copy, store, transmit, process, display, and analyze the Customer Materials solely as necessary to perform the Service for you and to operate, secure, and improve the Service. Our handling and retention of Customer Materials are described in our Privacy Policy, which is incorporated into these Terms by reference.

You are solely responsible for maintaining your own backups of the Customer Materials. We are not a backup or storage service.

You agree not to, and not to permit any third party to:

• submit materials you are not authorized to submit, or use the Service to facilitate any unlawful, infringing, or fraudulent activity;
• use the Service, the Report, or any output to attack, exploit, or gain unauthorized access to any system you do not own or lack authorization to test;
• reverse engineer, scrape, copy, resell, sublicense, or commercially exploit the Service, our methodology, our report templates, or any non-public part of the Service;
• interfere with, overload, or attempt to circumvent any security, rate-limiting, or access control of the Service;
• misrepresent a Report as a security certification, warranty, or endorsement by us; or
• use the Service to build or train a competing product or service.

We may investigate and take any action we consider appropriate for suspected violations, including suspension or termination and reporting to authorities.

(a) Audit fee. The Audit is offered for the flat fee displayed at checkout (currently $10), charged once per submission. Fix Services are billed at the hourly rate displayed on the Service (currently $25/hour) against estimates you approve before work begins.

(b) Payment processing. Payments are processed by our third-party processor (currently Stripe). By paying, you authorize us and our processor to charge your selected payment method for all fees, plus any applicable taxes. You are responsible for all taxes other than taxes on our net income.

(c) No refunds. Except where a non-waivable law requires otherwise, all fees are non-refundable and non-cancellable once paid, including where you are dissatisfied with the findings, where the Report contains few or no findings, where you do not deploy your application, or where you do not proceed with Fix Services. The Audit fee is consideration for the engineer's time and review, not for any particular outcome.

(d) Estimates for Fix Services are estimates. Actual hours may differ. We will not exceed an approved estimate by more than a commercially reasonable margin without seeking your further approval, but you remain responsible for hours actually worked under an approved engagement.

(e) Chargebacks. If you initiate a chargeback or payment dispute that we determine to be without merit, we may suspend or terminate your access and recover the disputed amount and our reasonable costs.

(f) Price changes. We may change prices at any time. Changes apply to submissions made after the change takes effect.

• Your code stays yours. As between you and us, you retain all right, title, and interest in the Customer Materials.
• Our IP stays ours. We retain all right, title, and interest in the Service, the OnlyGoodVibes and Byldd names and marks, our audit methodology, our processes, our software, our templates, and the structure, format, and presentation of the Report. Nothing in these Terms transfers any of our intellectual property to you.
• License to the Report. Upon full payment, we grant you a non-exclusive, non-transferable, worldwide license to use the Report for your internal business purposes, including sharing it with engineers working on your application. You may not publicly publish, sell, or commercially redistribute the Report, or use it in marketing, without our prior written consent.
• Aggregated and de-identified data. You agree that we may collect and use aggregated, anonymized, and de-identified information derived from use of the Service (which does not identify you or your Customer Materials) to operate, analyze, and improve the Service and for any lawful business purpose. This does not override the specific code-handling commitments in our Privacy Policy.
• Feedback. If you give us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

The Service relies on and links to third-party services, including code hosts (such as GitHub and GitLab), payment processing (Stripe), hosting and infrastructure providers, and engineering and AI tooling used by our engineers to perform reviews efficiently under human oversight. We are not responsible for third-party services, their availability, their terms, or their acts or omissions.

Your use of any third-party service is governed by that third party's terms. You are responsible for any credentials or access you grant, and for revoking access when you choose.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, THE AUDIT, THE FIX SERVICES, AND ALL REPORTS AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, whether express, implied, statutory, or otherwise. We expressly disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, and any warranty arising from course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that: the Service will be uninterrupted, secure, or error-free; that any Report is accurate, complete, or identifies all (or any) issues; that following any recommendation will achieve any result; or that your application will be secure, compliant, defect-free, or fit for any purpose. You assume the entire risk arising out of your use of the Service and any reliance on a Report.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the above exclusions apply to the fullest extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• No indirect damages. We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings, or for any damages arising from security breaches, data loss, downtime, business interruption, or third-party claims, even if we have been advised of the possibility of such damages and regardless of the theory of liability.
• Aggregate cap. Our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (i) the total fees you actually paid to us in the three (3) months immediately preceding the event giving rise to the claim, or (ii) USD $50.
• Basis of the bargain. You acknowledge that the fees reflect this allocation of risk, that these limitations are an essential basis of the bargain, and that we would not provide the Service on these prices without them.
• Exceptions. Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, for fraud, or for any other liability that applicable law prohibits us from excluding.

You will defend, indemnify, and hold harmless OnlyGoodVibes, onlygoodvibes.dev, Byldd, and their respective affiliates, officers, directors, employees, engineers, and agents from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• your Customer Materials, including any claim that they infringe, misappropriate, or violate any third party's intellectual-property, privacy, confidentiality, or other rights;
• your breach of these Terms or your representations and warranties;
• your use of the Service, any Report, or any output, including any decision to deploy, launch, or operate your application; or
• your violation of any law or third-party right.

We may, at our option, assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you will cooperate with us.

We may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including suspected breach of these Terms, with or without notice. You may stop using the Service at any time.

Sections that by their nature should survive termination — including Sections 4–7 (rights granted and payment), 9–11 (disclaimers, liability, indemnity), 13 (dispute resolution), and 14–19 — survive termination.

(a) Governing law. These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of Hong Kong, without regard to its conflict-of-laws rules.

(b) Binding arbitration. Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by Hong Kong under its then-current rules, before a single arbitrator, seated in Hong Kong, conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.

(c) Class-action and jury waiver. To the maximum extent permitted by law, you and we each waive any right to a jury trial and agree that disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding.

(d) Exceptions. Either party may (i) bring a claim in small-claims court for disputes within that court's jurisdiction, and (ii) seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

(e) Time limit. Any claim must be brought within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.

Note for consumer users. Mandatory arbitration and class-action waivers are restricted or unenforceable for consumers in several jurisdictions (for example, parts of the EU/UK and certain US states). Where a user is a consumer protected by such rules, those protections prevail over this Section to the extent required by law. Confirm enforceability for your target markets.

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or hosting failures, third-party service outages, cyberattacks, or governmental action.

We may add, modify, suspend, or discontinue any part of the Service at any time without liability to you.

Each party will protect the other's non-public information disclosed in connection with the Service with reasonable care and use it only to perform or receive the Service, except where disclosure is required by law or to service providers under confidentiality obligations. Our specific commitments regarding your Customer Materials are set out in the Privacy Policy.

By using the Service you consent to receive transactional communications (such as Report-ready notifications and receipts) electronically. We may contact you about your application and related opportunities; you may opt out of non-transactional marketing at any time.

We may revise these Terms at any time by posting the updated version with a new "Last updated" date. Material changes take effect when posted (or on any later date we state). Your continued use after changes take effect constitutes acceptance. If you do not agree, you must stop using the Service.

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede all prior agreements on that subject.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, or severed, and the remaining provisions remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver of it.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
• No third-party beneficiaries. Except that Byldd and our affiliates and engineers are intended beneficiaries of Sections 9–11.
• Relationship. The parties are independent contractors; nothing creates a partnership, agency, employment, or joint-venture relationship.
• Notices. We may give notices through the Service or by email. You may contact us at ayush@byldd.com.

OnlyGoodVibes — a Byldd company

onlygoodvibes.dev, 32 Saint Marks Place, New York City, NY, United States, 10003

Email: ayush@byldd.com