Terms of Service

Last Updated: June 17, 2025

1. Acceptance of Terms

Welcome to CityVibeCheck. These Terms of Service ("Terms") govern your access to and use of the CityVibeCheck website, located at cityvibecheck.com (the "Site"), and any services, features, content, applications, or information offered by CityVibeCheck (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms constitute a legally binding agreement between you and CityVibeCheck ("we," "us," or "our").

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our Site and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you should discontinue your use of the Services.

3. Description of Services

CityVibeCheck provides a platform that allows users to:

  • Enter lifestyle preferences through interactive sliders
  • Search for and compare ZIP codes based on these preferences
  • Receive personalized neighborhood "vibe reports"
  • Save and manage favorite neighborhoods
  • Download and share neighborhood analysis reports

For real estate professionals, we offer subscription-based services that include:

  • Exclusive ZIP territory licensing with monthly subscription billing
  • Professional profile display in all neighborhood reports for claimed ZIP codes
  • Contact information embedded in downloadable PDFs and vibe guides
  • Lead generation through territory-exclusive placement
  • Analytics and performance tracking through agent dashboard

Our Services are informational in nature. The neighborhood reports, ratings, and recommendations are generated based on general information about neighborhoods and your stated preferences. They are not guaranteed to be accurate, complete, or current.

4. User Eligibility

You must be at least 18 years old to use the Services. Real estate professionals using our subscription services must have valid licensing in their jurisdiction where applicable. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

5. Subscription Services and Territory Licensing

Territory Exclusivity

Our subscription service provides exclusive territory rights based on ZIP codes:

  • Only one agent may claim each ZIP code at any given time
  • Territory assignments are made on a first-come, first-served basis
  • Territory rights are non-transferable and cannot be sold or assigned to other parties
  • Agents may claim multiple ZIP codes subject to payment of applicable subscription fees
  • Waitlist system available for ZIP codes that are currently claimed
  • Territory rights are automatically released upon subscription cancellation or non-payment

Subscription Terms

Subscription services operate under the following terms:

  • Monthly recurring billing charged to your payment method on file
  • Billing occurs on the same date each month as your initial subscription
  • Subscriptions automatically renew unless cancelled before the next billing cycle
  • Pricing is based on the median home value of each claimed ZIP code
  • Bulk discounts automatically applied based on total number of claimed ZIP codes
  • Price changes communicated with at least 30 days advance notice
  • Failed payments may result in service suspension after 7 days

6. Agent Photo Standards and Content Requirements

Real estate professionals using our subscription services must upload professional headshot photos that meet our standards:

Photo Requirements

  • Clear, high-quality professional headshot with good lighting and resolution
  • Professional business attire appropriate for real estate industry
  • Solo subject only - no group photos, family photos, or multiple people
  • Recent photo that accurately represents your current professional appearance
  • Appropriate and professional background - no distracting or inappropriate backgrounds
  • Face clearly visible and well-centered in the image

Prohibited Photo Content

  • Inappropriate, offensive, or unprofessional content of any kind
  • Logos, watermarks, or text overlays on photos
  • Casual attire, party photos, or vacation photos
  • Images that violate copyright or include unauthorized use of others' likenesses
  • Photos that could be considered discriminatory, harassing, or offensive

We reserve the right to reject any photo that does not meet our professional standards or to terminate accounts that repeatedly upload inappropriate content. Photo approval is at our sole discretion.

7. Payment and Billing

Payment Processing

All subscription payments are processed securely through Stripe, our third-party payment processor:

  • Payment information is encrypted and stored securely by Stripe
  • We do not store complete credit card information on our servers
  • Monthly charges automatically applied to your payment method on file
  • Bulk discounts automatically calculated and applied based on active ZIP count
  • Payment methods can be updated through the customer billing portal
  • Invoice and billing history available through your agent dashboard

Late Payments and Suspension

  • Failed payments will result in immediate email notification
  • Service suspension occurs 7 days after failed payment
  • Territory rights are temporarily suspended during non-payment periods
  • Account reactivation available upon successful payment update
  • Accounts with payments overdue more than 30 days may be terminated

8. Refund and Cancellation Policy

Refund Policy

  • No refunds are provided for partial billing periods or unused subscription time
  • All subscription fees are final and non-refundable once charged
  • Bulk discounts are automatically recalculated when ZIP territories are added or removed
  • Refunds may be considered in cases of service outages longer than 48 hours
  • Dispute resolution available through Stripe's standard chargeback process

Cancellation Terms

  • Cancellations can be processed at any time through the billing portal or by contacting support
  • Cancellations take effect at the end of the current billing cycle
  • ZIP territories are immediately released and become available to other agents
  • Access to agent dashboard and services continues until the end of paid period
  • 30-day advance notice recommended but not required for cancellations
  • Account data is retained for 30 days after cancellation for potential reactivation

9. User Conduct

In using the Services, you agree to:

  • Provide accurate and truthful information
  • Use the Services solely for lawful and authorized purposes
  • Maintain professional appearance in uploaded photos and profile information
  • Provide accurate professional credentials and current contact information
  • Comply with real estate licensing requirements in your jurisdiction
  • Use the platform for legitimate real estate business purposes only
  • Not attempt to probe, scan, or test the vulnerability of our systems
  • Not interfere with or disrupt the Services or servers connected to the Services
  • Not impersonate any person or entity
  • Not harass, abuse, or harm another person
  • Not use the Services for any illegal purpose

10. Intellectual Property Rights

Our Content

All content included on the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site (collectively, "Our Content"), is the property of CityVibeCheck or its suppliers and protected by copyright and other laws. You agree not to modify, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of Our Content without our express written consent.

Your Content and Photos

You retain ownership of photos and other content you upload, but by providing any content, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable, sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content across all our services, including in vibe reports, downloadable PDFs, and marketing materials.

Your Feedback

If you provide us with any feedback or suggestions regarding the Services ("Feedback"), you hereby grant us a perpetual, worldwide, royalty-free, irrevocable, sublicensable, and transferable right to use such Feedback in any way we see fit, including to improve the Services or develop new features.

11. User Contributions

The Services may contain message boards, chat rooms, personal profiles, forums, or other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit content or materials (collectively, "User Contributions").

All User Contributions must comply with the Content Standards set out in these Terms. You retain ownership of your User Contributions, but by providing any User Contribution, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable, sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

12. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at cityvibecheck.com/privacy-policy.html.

13. Third-Party Links and Services

The Services may contain links to third-party websites or services that are not owned or controlled by CityVibeCheck. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that CityVibeCheck shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

14. Connection to Real Estate Professionals

When you use our Services to view agent contact information or connect with real estate professionals, these professionals are independent of CityVibeCheck and we do not control their conduct or services. We do not guarantee the quality, safety, or legality of their services. Your interactions with these professionals, including any disputes, are solely between you and the professional. We provide the platform for connection but are not responsible for the outcome of professional relationships formed through our Services.

15. Disclaimer of Warranties

THE SERVICES ARE 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, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CITYVIBECHECK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES. CITYVIBECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

16. Limitation of Liability

IN NO EVENT SHALL CITYVIBECHECK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (6) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CITYVIBECHECK SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

17. Indemnification

You agree to defend, indemnify, and hold harmless CityVibeCheck, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (1) your use of and access to the Services; (2) your violation of any term of these Terms; (3) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (4) any claim that your User Contribution caused damage to a third party; or (5) your use of the subscription services or any disputes with other users or real estate professionals. This defense and indemnification obligation will survive these Terms and your use of the Services.

18. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Grounds for Immediate Termination

  • Uploading inappropriate, offensive, or unprofessional photos
  • Providing false or misleading professional credentials
  • Using the Services for illegal or unauthorized purposes
  • Repeated violations of these Terms after warning
  • Failure to maintain required professional licensing

Effects of Termination

  • Immediate loss of all ZIP territory rights
  • Suspension of recurring billing (no refund for current period)
  • Removal of agent profile from all reports and guides
  • Loss of access to agent dashboard and analytics
  • Account data retained for 30 days for potential dispute resolution
  • Permanent deletion of account data after 30-day retention period

Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

19. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Arkansas, without respect to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within Saline County, Arkansas for the resolution of any disputes arising out of or relating to these Terms or your use of the Services.

20. Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms or your use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arkansas law.

21. Severability

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

22. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and CityVibeCheck regarding the Services and supersede all prior agreements and understandings, whether written or oral, regarding the Services.

23. Contact Information

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

Email: terms@cityvibecheck.com