Terms of Service

1. Agreement and operator

Vibrolo LLC (“Vibrolo,” “we,” “us,” or “our”) owns and operates Agate, including the website, browser-based HTML and CSS workspace, resource library, and related tools available at agateide.com (together, the “Service”).

By accessing or using the Service, you agree to these Terms of Service (“Terms”) and acknowledge the Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

You must be able to form a binding agreement where you live to use the Service on your own behalf. If you are under the age of legal majority, you may use Agate only with permission and supervision from a parent or legal guardian. Agate is not directed to children under 13; a child under 13 should use it only under a parent or guardian’s direct supervision and should not contact Vibrolo or provide personal information.

If you use Agate for an organization, you represent that you have authority to accept these Terms for that organization, and “you” includes the organization.

3. Permission to use Agate

Subject to these Terms, Vibrolo grants you a limited, non-exclusive, non-transferable, revocable permission to access and use the Service for lawful personal, educational, or commercial website-building work. This permission does not transfer ownership of Agate or any Vibrolo brand, software, design, or content.

Subject to these Terms and any identified third-party license, Vibrolo grants you a worldwide, royalty-free license to copy, modify, export, publish, and distribute templates and resource examples that Agate makes available for copying, including as part of personal or commercial websites.

4. Your work

As between you and Vibrolo, you retain your rights in HTML, CSS, text, and other material you create or import into Agate (“Your Work”). You are responsible for Your Work, including its legality, accuracy, accessibility, security, and any rights or permissions needed to use it.

Agate’s current browser application stores project work locally and does not transmit project contents to Vibrolo. You are responsible for exporting and backing up anything important. Clearing browser data, changing browser profiles, device failure, software behavior, or use of private-browsing modes may make local work unavailable.

5. Acceptable use

You may not use the Service to:

• violate law or another person’s rights;
• create, distribute, or facilitate malware, phishing, credential theft, unauthorized tracking, or other harmful or deceptive activity;
• probe, scan, disrupt, overload, bypass, or interfere with the Service or its security controls, except through lawful testing authorized by Vibrolo in writing;
• access or attempt to access systems or data without authorization;
• copy, modify, distribute, sell, lease, or reverse engineer non-public portions of the Service except where applicable law does not allow that restriction; or
• misrepresent your relationship with Vibrolo or use Agate branding in a way that suggests sponsorship or endorsement without permission.

6. Third-party material and services

The Service may contain links, examples, browser features, or software components provided by third parties. Third-party services are governed by their own terms and policies, and Vibrolo is not responsible for them. Open-source notices for software distributed with Agate are available in the Third-Party Notices.

7. Vibrolo’s rights

The Service, including its code, interface, visual design, documentation, templates, resource presentation, and Agate and Vibrolo names and marks, is owned by Vibrolo or its licensors and is protected by applicable intellectual-property laws. Rights not expressly granted in these Terms are reserved.

If you send feedback about Agate, you grant Vibrolo a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction or compensation. This does not give Vibrolo rights in Your Work merely because you created it with Agate.

8. Service changes

Vibrolo may add, change, suspend, or discontinue features or the Service at any time. We may also impose reasonable limits to protect reliability, security, or legal compliance. Agate may change without preserving compatibility with every browser, project file, template, or exported result. Keep independent copies of important work.

9. Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available.” Vibrolo disclaims all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, and that the Service will be uninterrupted or error-free.

Agate provides website-building tools and general educational material, not legal, security, accessibility, business, or professional advice. You are responsible for reviewing the requirements that apply to any website you create or publish.

10. Limitation of liability

To the fullest extent permitted by law, Vibrolo and its members, managers, employees, contractors, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or business interruption, arising from or related to the Service or these Terms.

To the fullest extent permitted by law, Vibrolo’s total liability for all claims arising from or related to the Service or these Terms will not exceed the greater of the amount you paid Vibrolo for the Service during the twelve months before the event giving rise to the claim or one hundred U.S. dollars (US $100). These limits apply regardless of the legal theory and even if a remedy fails of its essential purpose.

Some jurisdictions do not allow certain warranty exclusions or liability limits, so some of the provisions above may not apply to you. Nothing in these Terms excludes rights or liability that cannot lawfully be excluded.

11. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Vibrolo and its members, managers, employees, contractors, licensors, and service providers from claims, damages, losses, and reasonable costs, including attorneys’ fees, arising from Your Work, your published websites, your violation of these Terms, or your violation of another person’s rights. This section does not require you to indemnify a party for that party’s own unlawful conduct.

12. Termination

You may stop using the Service at any time. Vibrolo may suspend or end access if you violate these Terms, create risk or possible legal exposure, or if the Service is discontinued. Provisions that by their nature should survive will survive, including provisions about ownership, disclaimers, liability, indemnity, and disputes.

13. Applicable law and disputes

These Terms are governed by the laws that apply to Vibrolo’s operation of the Service, without regard to conflict-of-law principles, except to the extent the law where you live requires otherwise. Before filing a claim, you and Vibrolo agree to make a good-faith effort to resolve the dispute informally by sending a written description to the contact below and allowing 30 days for a response. Nothing here prevents either party from seeking urgent injunctive relief or using a forum that applicable law makes available.

14. Changes to these Terms

Vibrolo may update these Terms as the Service or applicable requirements change. We will post the revised Terms here and update the effective or last-updated date. Changes apply prospectively when posted unless a later date is stated. Your continued use after the effective date means you accept the revised Terms to the extent permitted by law.

15. Contact us