Terms of Service

1. Acceptance of Terms & Service Provider

By accessing or using GAP MINING (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part, you may not use the Service. These Terms apply to all visitors, users, and others who access the Service.

Service provider (Electronic Commerce (EC Directive) Regulations 2002): the Service is operated by GAP MINING, also trading as Digital MINING, a business based in the United Kingdom. Email: vibpulse@gmail.com. Our geographic business address and, where applicable, VAT registration number are provided on request and in all contractual correspondence before any paid order is concluded.

For questions: vibpulse@gmail.com

2. Description of Service

GAP MINING is an AI-powered skill platform providing:

• 300+ production-grade AI skills for automation, analysis, and orchestration
• Grow AI orchestrator with multi-agent coordination
• Integration with 11+ external tools via MCP plugins
• Business intelligence, gap analysis, and reporting tools
• API access for programmatic skill invocation

3. Account Registration

To access certain features, you must create an account. You agree to:

• Provide accurate, complete, and current information
• Maintain the security of your password
• Notify us immediately of any unauthorised access
• Be responsible for all activity under your account
• Not create multiple accounts to circumvent limits or bans

You must be at least 16 years old to create an account. By creating an account, you confirm you meet this age requirement.

4. Subscription Plans & Billing

The public Skills API is free and open to everyone, on any plan and with no account — see the API documentation. It is rate-limited per IP rather than metered per plan, so it is not a paid-plan benefit and is not counted against the invocation allowances above.

4.1 Billing

• Subscriptions are billed monthly in advance
• All prices are in pounds sterling (GBP) and, for consumers, are the total price including VAT where applicable. Prices displayed in other currencies are indicative conversions only — you are billed in GBP.
• Payment is processed by Stripe (PCI-DSS Level 1 compliant)
• Failed payments result in service suspension after a 7-day grace period

4.2 Cancellation & Refunds

• Cancel any time from your account dashboard — cancellation takes effect at end of billing period
• No refunds for partial months, except where required by applicable law or under your 14-day cancellation right (section 4.3)
• Downgrading from Pro/Enterprise removes access to premium features immediately

4.3 Your 14-Day Right to Cancel (UK Consumers)

If you are a consumer, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel a paid subscription within 14 days of the day the contract is made, without giving any reason, and receive a full refund.

• To cancel, email vibpulse@gmail.com with subject "Cancel" (or any clear statement of your decision to cancel) before the 14-day period expires. You may use the model wording: "I hereby give notice that I cancel my contract for the supply of the GAP MINING service, ordered on [date], name [name], email [account email]."
• We will refund you within 14 days of receiving your cancellation, using the same payment method, at no cost to you.
• Immediate access: if you ask us to begin supplying the Service during the 14-day period, you expressly consent to immediate supply. If you cancel after supply has begun, we may deduct an amount proportionate to the service already provided. Where the supply is of digital content and you have expressly consented to immediate supply and acknowledged that you lose the right to cancel once supply begins, that right is lost when supply starts. We ask for this consent at checkout — it is never assumed.

4.4 Price Changes

We may change prices with 30 days' notice. Existing subscribers are locked at their current price until they cancel or change plans.

5. Acceptable Use

You may not use GAP MINING to:

• Violate any applicable law or regulation
• Transmit spam, phishing content, or unsolicited bulk messages
• Generate, distribute, or store illegal content including CSAM
• Harass, abuse, or harm other persons
• Attempt to gain unauthorised access to any system, account, or data
• Reverse engineer, decompile, or extract the underlying AI models or skill logic
• Resell or sublicense access without written permission
• Circumvent rate limits, invocation caps, or access controls
• Scrape or bulk-download the skill library without API authorisation
• Impersonate GAP MINING or its representatives

Violations may result in immediate account termination without refund.

6. Intellectual Property

6.1 GAP MINING IP

The Service, including all 380+ skills, Grow orchestrator, platform code, design, and documentation, is owned by VibPulse (operating as GAP MINING) and protected by copyright, trademark, and other laws. You receive a limited, non-exclusive, non-transferable licence to use the Service under these Terms.

6.2 Your Content

You retain ownership of any data, prompts, or outputs you generate using the Service ("Your Content"). You grant us a limited licence to process Your Content solely to provide the Service. We do not use Your Content to train AI models.

6.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by us freely without obligation or compensation to you.

7. AI-Generated Outputs

GAP MINING uses AI to generate skill outputs, analyses, and recommendations. You acknowledge that:

• AI outputs may be inaccurate, incomplete, or outdated
• Outputs are not professional legal, financial, medical, or regulatory advice
• You are responsible for reviewing and validating all AI-generated outputs before acting on them
• We are not liable for decisions made based on AI outputs

8. Third-Party Integrations

GAP MINING integrates with third-party services (Supabase, Stripe, GitHub, Figma, Notion, etc.). Your use of those integrations is subject to their respective terms. We are not responsible for third-party service availability, accuracy, or conduct.

9. Uptime & Service Levels

We target 99.9% uptime for Pro and Enterprise plans. Planned maintenance will be announced with 24 hours' notice where possible. We do not guarantee uninterrupted service and are not liable for outages, delays, or data loss caused by third-party infrastructure failures.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• GAP MINING's total liability is limited to the amount you paid in the 12 months preceding the claim
• We are not liable for indirect, incidental, special, consequential, or punitive damages
• We are not liable for lost profits, lost data, business interruption, or reputational damage

Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited under the law of England and Wales. If you are a consumer, nothing in these Terms affects your statutory rights.

Some jurisdictions do not allow exclusion of certain warranties. In those jurisdictions, our liability is limited to the minimum permitted by law.

10A. Consumer Statutory Rights (Consumer Rights Act 2015)

If you are a consumer in the UK, the Consumer Rights Act 2015 gives you rights that these Terms do not remove:

• Services must be performed with reasonable care and skill. If they are not, you can require us to re-perform the service or, where that is impossible or not done in a reasonable time, receive a price reduction.
• Digital content must be of satisfactory quality, fit for purpose, and as described. If it is faulty, you are entitled to a repair or replacement, or a price reduction; if the faulty content damages your device or other digital content and we failed to use reasonable care and skill, you may be entitled to compensation.
• Information we give you about the Service forms part of the contract.

For detailed guidance on these rights, contact your local Citizens Advice service or Trading Standards office.

11. Indemnification

You agree to indemnify and hold harmless GAP MINING, its officers, employees, and agents from any claims, damages, losses, or costs arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) Your Content.

12. Termination

We may terminate or suspend your access immediately, without prior notice, if you:

• Breach these Terms
• Engage in fraudulent or illegal activity
• Fail to pay subscription fees
• Act in a way that may harm GAP MINING or other users

Upon termination, your right to use the Service ceases. Data deletion follows the Privacy Policy timeline. You may appeal terminations by emailing vibpulse@gmail.com.

13. Governing Law & Disputes

These Terms are governed by the laws of England and Wales. If you are a consumer resident in Scotland or Northern Ireland, you also benefit from any mandatory protections of, and may bring proceedings under, the law of the part of the UK where you live.

Any dispute will first be attempted to be resolved through good-faith negotiation. If you are a consumer, you are always entitled to bring proceedings in the courts of England and Wales or, if you live in Scotland or Northern Ireland, in the courts of the part of the UK where you live — nothing in these Terms requires you to use arbitration, and no term restricts your right to go to court. If you are a business user, the courts of England and Wales have exclusive jurisdiction, unless we both agree in writing to arbitration or another form of alternative dispute resolution.

14. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email (account holders) or site banner at least 30 days in advance. Continued use after the effective date constitutes acceptance.

15. Miscellaneous

• Entire agreement: These Terms, together with the Privacy Policy, constitute the full agreement between you and GAP MINING
• Severability: If any provision is unenforceable, the remaining provisions remain in effect
• Waiver: Failure to enforce any provision is not a waiver of future enforcement
• Assignment: You may not assign your rights under these Terms. We may assign ours in connection with a merger or acquisition.

16. Contact

• Email: vibpulse@gmail.com
• Subject: "Terms Question" or "Terms Dispute"
• Response time: within 5 business days

17. Data Processing (UK GDPR / GDPR)

17.1 Roles

Where you use GAP MINING to process personal data belonging to your customers or employees, you act as the Data Controller and GAP MINING acts as the Data Processor. Where GAP MINING processes your account data for its own purposes (billing, support, security), it acts as an independent Data Controller.

17.2 Processing Activities

17.3 Sub-processors

We use the following sub-processors to deliver the Service. Each is bound by data processing terms equivalent to those required under UK GDPR:

• Supabase — database and authentication (EU/US data centres)
• Stripe — payment processing (US — Standard Contractual Clauses apply)
• Resend — transactional email delivery (US — Standard Contractual Clauses apply)
• GitHub — source code and CI/CD infrastructure (US — Standard Contractual Clauses apply)
• Anthropic — AI model inference (US — Standard Contractual Clauses apply)

We will notify you of material sub-processor changes at least 30 days in advance.

17.4 Your Data Rights

Under UK GDPR, you have the right to: access your personal data; correct inaccurate data; request erasure; restrict or object to processing; data portability; and withdraw consent at any time. To exercise any right, email vibpulse@gmail.com with subject “Data Rights Request”. We respond within 30 days.

You also have the right to lodge a complaint with the Information Commissioner’s Office (ICO) at ico.org.uk.

17.5 Retention Periods

• Account data: retained while active + 90 days after deletion request
• Usage logs: 12 months
• Financial records: 7 years (required by UK law)
• Marketing data: until consent is withdrawn

17.6 International Transfers

Where personal data is transferred outside the UK, we rely on UK International Data Transfer Agreements (IDTAs), UK Addendums to EU Standard Contractual Clauses, or adequacy regulations to ensure equivalent protection.

17.7 Security Measures

We implement appropriate technical and organisational measures including TLS 1.2+ encryption in transit, encryption at rest, row-level database security, role-based access controls, and periodic security reviews. To report a vulnerability: vibpulse@gmail.com.