Terms Of
Service.

Section 01

The Agreement

These Terms of Service ("Terms") form a legally binding agreement between you ("you", "your", or "Subscriber") and Swell Farms Inc. ("Vib3", "we", "us", or "our"), the operator of the Vib3 platform at vib3.ca.

By creating an account, completing onboarding, or using any part of the Vib3 platform, you confirm that you have read, understood, and agreed to these Terms and our Privacy Policy, which is incorporated by reference.

If you are accepting these Terms on behalf of a corporation or other legal entity, you represent that you have the authority to bind that entity.

Section 02

Eligibility

To use Vib3, you must be at least 18 years of age, be a legal resident or registered business in Canada, have the legal authority to enter into this agreement, and not have been previously suspended from the platform.

Vib3 is designed for business use. Signing up with a residential address for personal non-business use is not permitted.

Section 03

Accounts

One account per business entity. You are responsible for keeping your login credentials secure. We use magic link authentication — your email address is your login. Do not share access.

You are responsible for all activity that occurs under your account, including actions taken by any employees or contractors you grant access to. Notify us immediately if you suspect unauthorized access.

We reserve the right to suspend or terminate accounts that violate these Terms, at our sole discretion, with or without prior notice depending on the severity of the violation.

Section 04

The Service

Vib3 provides a software-as-a-service platform that allows businesses to configure and operate AI-powered phone agents. The service includes agent configuration, call handling via Vapi, call transcription, notification delivery, and a dashboard for managing your agent.

What Vib3 is not: Vib3 is not a licensed answering service, a medical or legal advisory service, or a licensed telecommunications carrier. Your Vib3 agent is a software tool — you remain responsible for how your business responds to leads and how you conduct your business.

Uptime: We target 99.5% uptime for core agent functionality. We are not liable for interruptions caused by third-party providers (Vapi, Twilio, Supabase, etc.) or events beyond our control. Planned maintenance will be communicated in advance.

Agent accuracy: AI agents may not always perform perfectly. They may occasionally misunderstand callers, miss information, or produce inaccurate summaries. You should review call transcripts and not rely solely on AI-generated summaries for critical business decisions.

Section 05

Billing & Trials

All prices are in Canadian dollars (CAD). Applicable taxes may apply based on your province of residence.

14-Day Free Trial: All new accounts receive a 14-day free trial. A valid payment method is required to start the trial. If you cancel before the end of day 14, you will not be charged. After day 14, your card will be charged for your selected plan.

Monthly plans: Billed on the same date each month. Cancel at any time. No refunds for partial months.

Annual plans: Billed upfront for the full year. Annual plans are non-refundable after the first 14 days.

Overages: Minutes used beyond your plan's included amount are billed at $0.18 CAD per minute, charged at the end of each billing period.

Setup fees: Monthly Growth plan requires a $199 CAD setup fee. Monthly Agency plan requires a $499 CAD setup fee. Annual plans have setup fees waived.

Plan changes: Upgrades take effect immediately. Downgrades take effect at the start of your next billing period.

Failed payments: If a payment fails, we will retry for 7 days. If payment is not resolved within 7 days, your account may be suspended. Agent functionality will resume when payment is resolved.

Section 06

Acceptable Use

Your agent must accurately represent your business name and services during calls. Agents may not claim to be human if a caller sincerely asks whether they are speaking to an AI.

You may not attempt to reverse-engineer, copy, or redistribute Vib3's platform, system prompt generation logic, or underlying infrastructure.

You may not use Vib3 to operate in sectors requiring specific regulatory licensing (medical, legal, financial advice) unless you hold the appropriate licences and configure your agent to operate within those boundaries.

Section 07

Call Compliance

You are responsible for ensuring your use of Vib3 complies with all applicable Canadian telecommunications and privacy laws, including PIPEDA and the Canadian Anti-Spam Legislation (CASL) where applicable.

Call disclosure: In Canada, there is no universal requirement to disclose that a call is being recorded or handled by AI, but disclosure is considered best practice and may be required depending on your province and the nature of the call. We recommend including a brief disclosure in your agent's greeting if you are in doubt.

CASL: If your agent captures caller information that you subsequently use for marketing communications, you are responsible for obtaining appropriate consent under CASL.

Vib3 accepts no liability for your failure to comply with applicable telecommunications or privacy laws.

Section 08

Intellectual Property

Our platform: All software, design, copy, system prompt templates, and infrastructure comprising Vib3 are the intellectual property of Swell Farms Inc. You may not copy, redistribute, or create derivative works without written permission.

Your content: Your business profile, services, and information remain yours. By inputting it into Vib3, you grant us a limited licence to use that information to operate your agent. We do not claim ownership of your business information.

Call data: Call transcripts and summaries generated by your agent are owned by you. We store them to provide the service and may use aggregated, anonymized data to improve the platform.

Section 09

Data & Privacy

Your use of Vib3 is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using Vib3, you consent to our data practices as described in that policy.

You are a data controller for any personal information collected about your callers through the Vib3 agent. As such, you are responsible for ensuring you have appropriate legal grounds to collect and use that information, and for providing appropriate notices to callers about how their information is used.

Section 10

Limitation of Liability

To the maximum extent permitted by applicable law, Vib3 and Swell Farms Inc. will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost revenue, lost profits, or lost business opportunities, arising out of or related to your use of the platform.

Our total aggregate liability to you for any claim arising under these Terms will not exceed the total amount paid by you to Vib3 in the 12 months preceding the claim.

No warranty: The Vib3 platform is provided "as is" and "as available." We make no warranty that the service will be uninterrupted, error-free, or that the AI agent will perform perfectly on every call.

Nothing in these Terms excludes liability that cannot be excluded under applicable Canadian law, including liability for death or personal injury caused by negligence, or fraud.

Section 11

Termination

By you: You can cancel your account at any time from the billing page in your dashboard. Monthly subscribers are not charged for the following billing period. Annual subscribers do not receive a refund for remaining months after the first 14 days.

By us: We may suspend or terminate your account if you violate these Terms, fail to pay, engage in fraudulent activity, or create legal risk for Vib3 or other users. For serious violations, termination may be immediate. For lesser violations, we will generally provide notice and an opportunity to remedy.

After termination: Your agent will be deactivated and calls will no longer be answered. Your call history and data will be retained for 90 days before deletion, allowing you to export records if needed. Billing records are retained for 7 years as required by law.

Section 12

Governing Law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising under these Terms shall be resolved in the courts of British Columbia, and you consent to the exclusive jurisdiction of those courts.

For smaller disputes (under $10,000 CAD), we both agree to first attempt resolution through direct negotiation in good faith before resorting to formal legal proceedings.

Section 13

Changes to These Terms

We may update these Terms from time to time. For material changes, we will email active account holders at least 14 days before the changes take effect. Your continued use of the platform after that date constitutes acceptance of the updated Terms.

If you don't agree to the updated Terms, you can cancel your account before the effective date.

Section 14

Contact

Questions about these Terms? Contact us — you'll hear back from a person, not a legal department.