Terms of Service — Viberate App for ChatGPT
These Terms of Service ("Terms") govern your use of the Viberate app ("the App") within OpenAI's ChatGPT. By connecting and using the App you agree to these Terms. If you do not agree, do not connect or use the App.
1. Definitions
- "Viberate", "we", "us" — Viberate, d.o.o., registered in Slovenia at Litostrojska 40, 1000 Ljubljana, VAT SI37268171
- "You", "your" — the individual or organization using the App
- "App" — the Viberate MCP server and its 20 associated tools that integrate with OpenAI's ChatGPT
- "Viberate Data" — music industry data made available through the App (artists, tracks, festivals, charts, metrics)
- "OpenAI" — OpenAI, provider of ChatGPT
- "Account" — your Viberate account used to authenticate with the App
- "Free Plan" — the default no-cost tier of your Viberate account
- "Full Plan" — the paid tier of your Viberate account, purchased separately at viberate.com, outside ChatGPT
2. Eligibility
To use the App you must: (a) be at least 16 years old or the age of digital consent in your jurisdiction, whichever is higher; (b) have legal capacity to enter into binding agreements; (c) have a valid Viberate account in good standing; (d) not be barred from receiving Viberate services under applicable law. If you use the App on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
3. The Service
3.1 What the App does
The App exposes Viberate's music industry data through the Model Context Protocol, allowing ChatGPT to retrieve data on your behalf. The 20 tools cover artist data (including catalog, top tracks, and audience breakdowns), track data, festival data, charts, and reference/plan-status lookups.
3.2 What the App does NOT do
The App is read-only. It does not: modify music data, send messages outside Viberate, access your ChatGPT conversations beyond tool calls, replace Viberate's main service/API/dashboard, or process any purchase, upgrade, renewal, or cancellation of your subscription. All billing and subscription changes happen exclusively at https://www.viberate.com/mcp-server/, outside ChatGPT.
3.3 Plans
Free Plan: All 20 tools available with usage limits: chart queries return up to 3 results; audience data limited to spotify_listeners_by_city and youtube_views_by_city with max 5 results; historical metrics show totals only (no period-over-period diffs); get_artist_top_tracks_by_channel limited to 1 result over the 1-week timeframe.
Full Plan: All 20 tools without usage caps; full audience metric set (11 types); full historical metrics with diff mode; get_artist_top_tracks_by_channel up to 20 results across any timeframe. To purchase or manage a Full Plan subscription, visit https://www.viberate.com/mcp-server/ directly. We may change plan structures with at least 30 days' notice.
3.4 Availability
We aim for high availability but do not guarantee uninterrupted service. The App depends on OpenAI, our infrastructure, and third-party data sources. Maintenance, outages, and disruptions may occur.
4. Your Account and Security
You are responsible for: maintaining credential confidentiality, all activity under your account, notifying us at support@viberate.com if unauthorized access is suspected, and keeping contact information current. We are not liable for losses from unauthorized use resulting from your failure to safeguard credentials.
5. Acceptable Use
You agree NOT to:
- (a) use the App for unlawful purposes;
- (b) bypass rate limits or plan quotas;
- (c) resell or redistribute Viberate Data without a separate agreement;
- (d) build competing products;
- (e) scrape or mass-extract data;
- (f) reverse engineer the App;
- (g) interfere with our infrastructure;
- (h) probe for vulnerabilities;
- (i) use automation outside intended ChatGPT interaction;
- (j) misrepresent your identity.
We may suspend or terminate access for violations.
6. Viberate Data
6.1 Ownership
Viberate Data is owned by Viberate or its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use Viberate Data solely for your personal or internal business use through the App.
6.2 Restrictions
You may not: republish Viberate Data as a standalone product, use it to train ML models (except personal experimentation), make false claims about its source or accuracy, or violate third-party rights.
6.3 Accuracy disclaimer
Viberate Data is sourced from public platforms and proprietary processing. We strive for accuracy but do not warrant that Viberate Data is complete, current, or error-free. Viberate Data is provided "as is" and should not be relied upon as the sole basis for financial, legal, or investment decisions.
6.4 Output use
You may use ChatGPT's responses incorporating Viberate Data in reports, articles, presentations, and analyses. Attribution to Viberate as the data source is appreciated and expected in published journalism or research.
7. Integration with OpenAI
The App operates inside OpenAI's ChatGPT. Your use of ChatGPT is governed by OpenAI's Terms and Privacy Policy, which are separate from these Terms. We are not responsible for OpenAI, and vice versa.
8. Subscriptions and Billing
The App does not process payments, subscriptions, renewals, or refunds, and no purchase can be initiated through it. Any Full Plan subscription you hold is managed entirely through your Viberate account at viberate.com, independent of ChatGPT. See Viberate's main Terms of Service at https://www.viberate.com/terms-of-service/ for billing terms.
9. Termination
9.1 By You
You may stop using the App anytime by disconnecting it in ChatGPT settings, or delete your Viberate account by emailing support@viberate.com. Subscription cancellation is handled at viberate.com, not through the App.
9.2 By Us
We may suspend or terminate if:
- (a) you violate these Terms;
- (b) we are required to by law or court order;
- (c) we discontinue the App (with 30 days' notice);
- (d) your account remains inactive for 12+ months (Free Plan only; not for active paid subscribers).
9.3 Effect of Termination
On termination: your right to use the App ends immediately; sections 10-15 survive.
10. Disclaimers
THE APP AND VIBERATE DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT: (a) the App will be uninterrupted, secure, or error-free; (b) Viberate Data will be accurate, complete, or current; (c) defects will be corrected; (d) the App will meet your requirements. VIBERATE DATA IS NOT FINANCIAL, INVESTMENT, LEGAL, OR PROFESSIONAL ADVICE.
These disclaimers do not affect non-waivable statutory consumer rights under applicable law, including EU consumer protection rules.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: Viberate's total cumulative liability for any claim is limited to the greater of (a) EUR 100 or (b) the total fees you paid to Viberate in the 12 months preceding the claim.
Viberate is not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, revenue, data, or business interruption. These limitations do not exclude liability that cannot be excluded under law (gross negligence, willful misconduct, death, or personal injury).
12. Indemnification
You agree to indemnify and hold harmless Viberate, its affiliates, and their officers, directors, employees, and agents from claims, liabilities, damages, losses, and expenses (including legal fees) arising from: (a) your violation of these Terms; (b) your misuse of the App or Viberate Data; (c) your violation of third-party rights or applicable law.
13. Changes to These Terms
We may update these Terms. Material changes will be communicated by updating "Last updated", notifying users by email at least 30 days before taking effect, and posting updated Terms at https://viberate.com/mcp-server/openai-tos. Continued use constitutes acceptance.
14. Governing Law and Disputes
These Terms are governed by the laws of Slovenia, without regard to conflict of laws principles. Any dispute will be resolved exclusively in the courts of Ljubljana, Slovenia. Nothing in this section deprives consumers of mandatory protections under their local law, including the right to bring proceedings in local courts.
15. General
15.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Viberate regarding the App.
15.2 Severability
If any provision is held invalid, the remaining provisions remain in effect.
15.3 No Waiver
Our failure to enforce any provision is not a waiver.
15.4 Assignment
You may not assign these Terms without our prior written consent. We may assign in connection with a merger, acquisition, or sale of assets.
15.5 Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control.
16. Contact
Viberate Legal
Email: info@viberate.com
Address: Viberate, d.o.o., Litostrojska 40, 1000 Ljubljana, Slovenia
VAT: SI37268171
For privacy, see the Privacy Policy at https://viberate.com/mcp-server/openai-privacy-policy. For support: support@viberate.com.
These Terms apply only to the Viberate App for ChatGPT. For Viberate's main service, see https://www.viberate.com/terms-of-service/.