Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Deacon Hill LLC, doing business as Vibe Cōdr Academy ("we," "us," or "our"). By accessing or using the Vibe Cōdr Academy website and services (the "Service"), you agree to be bound by these Terms. If you do not agree, you may not use the Service.

If you are creating an account on behalf of a child under the age of 18, you represent that you are the child's parent, legal guardian, or authorized teacher, and you accept these Terms on the child's behalf.

2. Eligibility and Account Types

2a. Adult Accounts

To create an account, you must be at least 18 years of age. Adult accounts are intended for parents, legal guardians, and teachers. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.

2b. Child Accounts

Child accounts are created and managed exclusively by an adult account holder. Children ages 9 through 17 may use the Service through a child account. A child cannot create an account independently. The adult who creates a child account is responsible for that child's use of the Service and agrees to these Terms on the child's behalf.

For children under 13, the adult account holder provides verifiable parental consent for the child's use of the Service, in compliance with the Children's Online Privacy Protection Act (COPPA).

3. Acceptable Use

Vibe Cōdr Academy is designed as a kid-friendly coding education platform. All users agree to the following:

• You will not use the Service to create, share, or distribute content that is violent, sexual, hateful, harassing, or otherwise inappropriate for children.
• You will not attempt to circumvent our content filtering systems or safety measures.
• You will not use the Service to collect personal information from other users, including children.
• You will not use the Service for any illegal purpose or in violation of any applicable law or regulation.
• You will not use automated tools, bots, or scrapers to access the Service.
• You will not attempt to reverse-engineer, decompile, or disassemble any part of the Service.
• You will not interfere with or disrupt the integrity or performance of the Service.

We reserve the right to suspend or terminate any account that violates these acceptable use rules, with or without notice.

4. AI-Generated Content

The Service includes an AI tutor named Crackers, powered by Claude (developed by Anthropic). Crackers assists users in creating HTML, CSS, and JavaScript projects through conversational interaction.

You acknowledge and agree that:

• AI-generated content, including code and explanations, is provided on an "as is" basis and may contain errors, inaccuracies, or unexpected behavior.
• We do not guarantee the accuracy, completeness, or suitability of any AI-generated content for any particular purpose.
• While we apply content filtering to both user inputs and AI outputs, no filtering system is perfect. We strive to maintain a safe environment but cannot guarantee that all inappropriate content will be caught in every instance.
• AI-generated code should be reviewed before use outside of the Vibe Cōdr Academy sandbox environment.

5. Intellectual Property

5a. Your Content

You retain ownership of the projects you create using the Service. Code, designs, and other creative works produced by you (or by a child under your supervision) through the coding editor belong to you. We do not claim ownership of user-created projects.

By publishing a project to the Project Showcase, you grant Vibe Cōdr Academy a non-exclusive, royalty-free, worldwide license to display, distribute, and promote that project within the Service and in marketing materials. You may unpublish a project from the Showcase at any time, which revokes this license going forward.

5b. Our Content

The Vibe Cōdr Academy name, logo, branding, website design, user interface, and all proprietary software are the property of Deacon Hill LLC and are protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works of our proprietary content without written permission.

5c. Third-Party Intellectual Property

The Service is a creative tool. You are solely responsible for ensuring that the projects you create do not infringe on the intellectual property rights of any third party, including but not limited to copyrights, trademarks, trade dress, and patents.

This includes, without limitation, recreating or closely imitating branded games, characters, logos, media properties, or other copyrighted or trademarked works owned by third parties (for example, recreating a commercially published board game, video game, or using trademarked character names and likenesses).

While we encourage creativity and learning through building projects, the Service may not be used to produce works that infringe on third-party intellectual property. Vibe Cōdr Academy does not review user-created projects for IP compliance and assumes no liability for any infringement by users. You agree to indemnify and hold harmless Deacon Hill LLC from any claims, damages, or expenses arising from intellectual property infringement in projects you create or publish through the Service.

We reserve the right to remove any project from the Showcase or the Service if we believe, in our sole discretion, that it infringes on third-party intellectual property rights.

6. Subscriptions and Billing

Vibe Cōdr Academy offers free and paid subscription plans. By subscribing to a paid plan, you agree to the following:

• Payment: All payments are processed by LemonSqueezy. You agree to provide accurate and complete billing information.
• Recurring billing: Paid subscriptions are billed on a recurring monthly basis. Your payment method will be charged automatically at the beginning of each billing cycle.
• Free trials: Paid plans may include a free trial period. If you do not cancel before the trial ends, your payment method will be charged for the first billing cycle.
• Cancellation: You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing cycle. You will retain access to paid features until the end of the period you have already paid for.
• Refunds: We do not provide refunds for partial billing periods. If you cancel mid-cycle, you will continue to have access until the end of that cycle.
• Price changes: We reserve the right to change subscription pricing. We will provide at least 30 days' notice before any price increase takes effect for existing subscribers.

7. Service Availability and Modifications

We strive to keep the Service available and operational, but we do not guarantee uninterrupted or error-free access. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to notify users of significant changes that affect their experience.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEACON HILL LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

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

9. Indemnification

You agree to indemnify, defend, and hold harmless Deacon Hill LLC and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) content you or a child under your account creates, submits, or publishes through the Service.

10. Termination

We may suspend or terminate your account and access to the Service at any time, with or without cause and with or without notice, including if we reasonably believe that you have violated these Terms. Upon termination:

• Your right to use the Service ceases immediately.
• We may delete your account data, including all child accounts, projects, and conversations, after a reasonable retention period.
• Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property, limitation of liability, indemnification, and dispute resolution provisions.

You may terminate your account at any time by contacting us at info@deaconhill.com or through your account settings.

11. Dispute Resolution and Governing Law

These Terms are governed by the laws of the United States and the state in which Deacon Hill LLC is registered, without regard to conflict of law principles. Any disputes arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by updating the "Last updated" date at the top of this page and, where appropriate, by sending an email to the address associated with your account. Your continued use of the Service after any changes constitutes acceptance of the revised Terms.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Deacon Hill LLC regarding the Service and supersede all prior agreements, understandings, or representations.

15. Contact Us

If you have questions about these Terms, please contact us: