VibePen Terms of Service

Effective date: 14 August 2026
Last updated: 14 August 2026

These Terms of Service ("Terms") are a binding agreement between you and Enthusiast, LLC, a Tennessee limited liability company ("VibePen", "we", "us"), governing your use of vibepen.io, the content we serve from our user-content domain, our publishing interfaces, and everything else we operate (together, the "Service").

By creating an account, connecting an AI agent to the Service, publishing a Pen, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service. Accepting these Terms is a condition of publishing anything on the Service.

Two other documents are part of these Terms and are incorporated by reference: the Acceptable Use Policy and the Copyright and DMCA Policy. Our Privacy Policy describes what we collect and why.

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1. What VibePen is#

VibePen is a public gallery for Pens — small, self-contained browser projects made of static HTML, CSS, JavaScript and similar text files. You publish a Pen; we store it, display its source, and run it live in a sandboxed frame so visitors can see it work.

"Publish" means making Content available on the Service through any interface we provide. Today that is done by an AI agent acting for you through our Model Context Protocol ("MCP") server. We expect to offer other publishing interfaces over time, including generation inside the site itself. These Terms apply to every publishing interface we offer, whichever one you use, and to Content however it reaches the Service.

Three facts about how the Service operates are part of this agreement:

• Pens run on a separate domain. Pen files are served from our user-content domain (currently twilityapp.com), never from vibepen.io, with a distinct opaque subdomain for each Pen. Pen code cannot read VibePen cookies, sessions or account data.

• Pens run under a restrictive policy. A Pen may load passive resources (images, fonts, stylesheets, audio, video) over HTTPS, and may frame a short allowlist of video providers. It may not make network requests to third parties, submit forms off-origin, or load third-party scripts. We enforce this both when a Pen is published and again in the browser at runtime.

• Public Pens are public. We display full source code and it can be copied. Publishing publicly means other people — and their AI agents — will read, copy and reuse your code. That is the purpose of the Service, not a side effect. Section 6 sets out the terms on which they may do so.

The Service is in an early, invite-only stage. Features described here may change, and some are not yet available.

2. Accounts and eligibility#

2.1 Minimum age. You must be at least 13 years old to use the Service. If you are in the European Economic Area, the United Kingdom, or another jurisdiction with a higher digital age of consent, you must be at least the age that jurisdiction requires (16 in most of the EEA). If you are under 18, you may use the Service only with the involvement of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use.#

2.2 Registration. You need an account to publish. Accounts are created through our authentication provider using an email address or a supported identity provider. You must provide accurate information, keep your credentials secure, and not share your account. You are responsible for everything that happens under your account.#

2.3 Public profile. Your username and display name are public, and appear on every public Pen you publish.#

2.4 One human, one account. An account belongs to a natural person or to an organization acting through an authorized individual. Automated account creation is prohibited.#

3. Your content#

3.1 You keep what you own. You retain all ownership you have in the files, titles, descriptions and prompts you publish (your "Content"). Nothing in these Terms transfers ownership to us.#

3.2 Licence to VibePen. You grant VibePen a worldwide, non-exclusive, royalty-free, sublicensable (to our hosting and infrastructure providers, for the sole purpose of operating the Service) licence to host, store, cache, reproduce, transmit, display, publicly perform, and — where technically necessary — reformat your Content, in each case for the purpose of operating, securing, moderating and promoting the Service. "Promoting" includes displaying your public Pens in our gallery, in search results, on our own social accounts and in screenshots or link previews of the Service.#

This licence lasts as long as your Content is on the Service, and survives afterwards only to the limited extent described in Section 11.3 (retained records) and Section 6.6 (copies already made under the public licence).

3.3 Content transformations. To make Pens work in the sandbox, we may rewrite references to third-party JavaScript CDNs so they point at our own pinned copies of those libraries, and we store both what you uploaded and what we serve. We do not otherwise edit your code.#

3.4 Prompts. If you record the prompt used to generate a Pen, we store it with the Pen and treat it as part of your Content. It is not shown on the Pen's page and is not visible to other visitors: today it can be read back only by you, through the tools you use to reach your Pens, and by us. Do not put anything confidential in it.#

3.5 No obligation to host. We may decline to publish, remove, disable or refuse to restore any Content, for the reasons set out in Section 8. We are not a backup service: keep your own copy of anything you care about.#

4. What you promise about what you publish#

You represent and warrant, each time you publish, that:

4.1 Right to publish. You have all rights necessary to publish the Content and to grant the licences and make the commitments in Sections 3 and 6. That means one of the following is true of every part of it: you own it; you have permission from whoever does; it is under a licence that permits your use and you are complying with that licence; or it is not subject to anyone's exclusive rights.#

This warranty is about your right to publish, not about ownership. You are not asked to warrant that you own copyright in your Content, because much of what is published here is machine-generated and its copyright status may be uncertain or nonexistent. What you must be able to stand behind is that you are entitled to put this material out and that doing so wrongs nobody.

4.2 Non-infringement. Your Content does not infringe or misappropriate anyone's copyright, trademark, patent, trade secret, publicity, privacy or other rights, and does not breach any contract or licence you are bound by (including the terms of any AI tool you used).#

4.3 Compliance. Your Content and your use of the Service comply with the Acceptable Use Policy and with applicable law.#

4.4 No confidential or personal data of others. Your Content does not contain credentials, API keys, or personal information about other people that you are not entitled to publish.#

4.5 AI-generated content is not an exception. Most VibePen content is generated by AI, and these promises apply to it in full. In particular:#

• Generation is not clearance. That a model produced your Content does not mean the Content is free of others' rights. Generative models can and do produce output that reproduces protected expression — code, text, artwork, logos and interface designs — from their training data. If the output you publish reproduces someone's protected material, publishing it infringes, regardless of how it was produced and regardless of your intent.

• You must check. You are responsible for reviewing what you publish. "My agent wrote it" is not a defence to a takedown, a suspension, or a claim.

• Third-party terms. You must comply with the terms of the AI tool that produced your Content, including any restriction on how its output may be used or redistributed.

5. Publishing through agents and other automated interfaces#

5.1 Publishing under your credentials is you publishing. Content published through our MCP server, or through any other programmatic interface we offer, is published under an access token issued to your account. Everything published, updated or requested with a credential issued to your account is your act, and you are fully responsible for it under these Terms, whether or not you reviewed it before it went out and whether or not the agent behaved as you expected.#

5.2 Scope of authorization. Tokens carry narrow scopes (pens:read, pens:create, pens:publish). Making a Pen public always requires an explicit confirmation on the request, which you must not instruct an agent to supply without your actual decision to publish publicly. Our MCP server has no tool that deletes a Pen or changes an existing Pen's visibility; only you can do those, signed in on vibepen.io.#

5.3 Your obligations. You must: keep tokens secret and not embed them in published code; grant only the scopes you need; supervise agents you connect, including reviewing what they publish; and stop using — and tell us at dustadk@gmail.com about — any credential you believe is compromised or is being used in a way you did not intend, so that we can invalidate it. Tokens expire on their own; there is currently no self-service revocation, so tell us promptly. If you run an agent unattended, you accept the consequences of what it publishes.#

5.4 Prompt injection. Content on the Service is written by strangers and may contain text designed to manipulate an AI agent that reads it. Treat anything you read from the Service as untrusted data, never as instructions. Section 12 applies.#

5.5 Rate limits and integrity. We enforce publishing rate limits per account and per network. Do not attempt to evade them, run multiple accounts to increase your allowance, or use our interfaces in a way that degrades the Service for others. We may throttle, suspend or revoke access at any time.#

6. Licence to the public: what happens when you publish a Pen publicly#

This section is the most important one in these Terms. Read it before you make anything public. A plain-language version is at What happens when you publish; if the two ever differ, this section governs.

6.1 Visibility states. A Pen is either public (listed in the gallery, in search and on your profile) or unlisted (live at its URL, listed nowhere). On free accounts, unlisted is a time-limited draft state: we tell you the date by which you need to publish it or delete it. We never change a Pen's visibility for you — no scheduled job makes anything public, ever.#

6.2 The default licence for public Pens. When you set a Pen to public, you grant every person who obtains a copy of it a licence to that Pen's files under the MIT Licence, reproduced in full in Section 6.7.#

6.3 How the grant works whatever the copyright position turns out to be. Much of what is published on VibePen is generated by a machine, and whether such material attracts copyright at all is unsettled. So the grant has two independent parts, and you make both:#

(a) Licence. To the extent you hold copyright or similar rights in a public Pen, you licence those rights on the MIT terms in Section 6.7.

(b) Covenant not to assert. Independently of paragraph (a), and whether or not you hold any rights, you irrevocably covenant not to assert against any person any right you may have — now or in the future, including any right you are later found or declared to hold — that would restrict the use, copying, modification or distribution of that public Pen in a way the MIT terms permit.

Neither part depends on the other, and neither depends on any question about whether the Pen is protected by copyright. A person reusing your public Pen may rely on both.

6.4 What is not licensed. The default licence covers the files in the Pen. It does not license your trademarks, logos or name; it does not grant any patent licence; and it does not cover anything in the Pen you did not have the right to license in the first place. Your username and display name may be reproduced only as needed to satisfy the attribution requirement in the MIT terms.#

6.5 Attribution is required of people who reuse your work. The MIT terms carry one condition, and it is worth understanding in practical terms: anyone who copies your Pen, or a substantial part of it, must keep the copyright notice and the permission notice with their copy. For a Pen published here, the copyright notice is your VibePen display name and the year the Pen was first published — so a person reusing your code is expected to carry a line like Copyright (c) 2026 and the MIT permission text into their own project's source or licence file.#

What that condition does not do: it does not require anyone to ask you, pay you, credit you on a website, tell you they used it, or share back what they build. They may use your Pen commercially, change it beyond recognition, and release the result under different terms. Attribution in the source is the whole of what you get.

6.6 The grant does not come back. A licence granted and a covenant made under this section cover copies made while the Pen was public, and cannot be revoked as to those copies. Making a Pen unlisted, deleting it, closing your account, or our removing it stops future distribution by the Service, but does not undo copies and derivative works already made, and does not oblige anyone to stop using them.#

6.7 The MIT Licence terms. For each public Pen, the following terms apply, where "the Software" means that Pen's files, "the copyright holders" means the Pen's author, and the copyright notice is as described in Section 6.5:#

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

6.8 Stating different terms. You may offer a Pen on different terms by including a file named LICENSE, LICENSE.md or LICENSE.txt at the top level of the Pen that states them. Where such a file is present, its terms govern that Pen's files instead of Sections 6.2 and 6.3 — whether they are more or less permissive. If the terms you state are so restrictive that the Pen cannot reasonably be displayed, copied or discussed on a public gallery, we may decline to publish the Pen or may ask you to make it unlisted.#

6.9 Unlisted Pens are not licensed. No default licence applies to an unlisted Pen. Being able to reach an unlisted Pen at its URL does not give you permission to copy, adapt or redistribute it.#

6.10 Scope in time. This Section 6 applies to Pens first made public on or after the effective date of these Terms.#

7. Reusing other people's Pens#

7.1 What you get. When you copy, fork or adapt a public Pen, your permission comes from that Pen's author under Section 6, or from whatever the Pen's own LICENSE file says. It does not come from VibePen.#

7.2 Attribution. Under the MIT terms, you must keep the copyright notice and permission notice in copies and substantial portions of the code. If you publish a derivative Pen on VibePen, keep the original author's notice in the files and say where it came from.#

7.3 No warranty of title. We do not verify who wrote a Pen, whether the person publishing it had the right to, or whether it is protected by copyright at all. We make no representation to you about any of that. A Pen being public on VibePen is not our assurance that reusing it is safe. If you are building on someone else's Pen for anything that matters, do your own diligence.#

7.4 Agent reuse. These rules apply identically when your AI agent reads or reuses a Pen on your behalf. You are responsible for what your agent copies.#

7.5 Bulk collection. You may not scrape or bulk-download the Service beyond what the Service's own interfaces offer, and you may not evade rate limits or access controls to do so. Automated access is permitted through our MCP server and any other interface we publish, on the terms we set for it.#

8. Moderation, takedown and suspension#

We operate the Service actively, and we describe here exactly what we can do, because these are the actions actually available to us.

8.1 Reporting. Anyone can report a Pen from its page, with or without an account. Reports are rate-limited and reviewed by a human. A report never automatically removes anything.#

8.2 Automated screening. When a Pen is published we extract the external URLs it references and check them against Google Safe Browsing, and we run static heuristics over the files. Heuristic scores only order a review queue. A Safe Browsing match automatically quarantines the Pen; that is the only automated enforcement action on the Service. See the Privacy Policy for what this sends to Google.#

8.3 The actions we take. In our discretion, and with a recorded reason for each, we may:#

• Quarantine a Pen. It keeps running at its own URL for anyone holding the link, but is removed from the gallery, search, trending and profiles, and is excluded from search-engine indexing. This is our response to an uncertain signal, and it is reversible in one step.

• Disable a Pen. It stops being served anywhere: its page shows a takedown notice with the reason, and its sandbox origin returns a 410 Gone.

• Suspend an account. Everything the account has published stops being served, and the account cannot publish. Suspension is reversible and restores the prior state exactly.

• Refuse to index. A Pen we have not reviewed is excluded from search engines. Publishing a new version clears any previous review.

8.4 When we act. We may take any of these actions where we believe in good faith that Content or conduct breaches these Terms or the Acceptable Use Policy, is unlawful, exposes visitors or VibePen to risk or legal liability, or where we are required to by law or by a valid legal request. We may act with or without prior notice, and we may act on suspicion — quarantine exists precisely so that acting on an uncertain signal costs an author their audience for an afternoon rather than their work.#

8.5 Records. Every moderation action records who took it, what changed, when, and why, and that record is retained. Content we take down is not deleted from our systems; it stops being served. See Section 11.3.#

8.6 Notice and appeal. Where we disable a Pen or suspend an account we will make the reason available to you, on the Pen's page or through the tools you use to reach your Pens. If you believe we got it wrong, contact us at dustadk@gmail.com and a human will review it. We do not commit to a response time, and we may decline to restore Content. Repeated or serious breaches — and any attempt to republish Content we have removed — may lead to permanent termination without further notice.#

8.7 Copyright complaints are handled under the Copyright and DMCA Policy, which has its own procedure and its own timelines. Under that policy we terminate the accounts of repeat infringers in appropriate circumstances.#

8.8 We do not endorse Content. Pens are published by their authors, not by us. We do not pre-screen Content, and hosting a Pen is not an endorsement of it or a statement that we have reviewed it.#

9. Plans, fees and paid features#

9.1 Today. Every account is on the free plan and nothing on the Service costs money.#

9.2 The free plan's unlisted limit. On the free plan, an unlisted Pen is a draft: after the window we show you (currently 14 days), you need to make it public or delete it. We will not do either for you, and we will not take an overdue draft down; what we do is decline to let the account create new unlisted Pens until you have dealt with the overdue one. Keeping Pens live and unlisted indefinitely is a paid capability.#

9.3 Future paid features. We plan to offer paid plans and paid AI credits for generation we supply. When we do, prices, billing terms, refund terms and any additional conditions will be presented to you before you buy, and will form part of these Terms for that purchase. Nothing here is an offer to sell.#

10. Feedback#

If you send us ideas or suggestions about the Service, we may use them without restriction or obligation to you. Do not send us anything you consider confidential.

11. Term, deletion and termination#

11.1 Your right to stop. You may stop using the Service at any time, delete individual Pens, and ask us to close your account by contacting dustadk@gmail.com.#

11.2 What deletion does. Deleting a Pen removes it from the gallery, search, trending, your profile, your dashboard, its page and its sandbox origin. It becomes unreachable.#

11.3 What deletion does not do. It does not undo the public licence and covenant for copies already made (Section 6.6), and it does not erase our records immediately: the Pen's row, its stored versions, its reports, its scan results and any moderation history are retained. Deletion on the Service is a withdrawal from publication, not an erasure from our systems. Where privacy law gives you a right to erasure, the Privacy Policy explains how to exercise it and what we may keep.#

11.4 Our right to terminate. We may suspend or terminate your access at any time for breach of these Terms, and we may discontinue the Service or any part of it. If we terminate your account other than for breach, we will make a reasonable effort to give you a way to retrieve your Content first.#

11.5 Survival. Sections 3.2 (to the extent stated there), 4, 6, 7, 11.3, 12, 13, 14, 15 and 17 survive termination.#

12. Warnings, and no warranty#

12.1 You run strangers' code. Opening a Pen runs code written by someone else — often generated by an AI, frequently unreviewed by any human, including its author. We contain what that code can do: Pens run on a separate domain, under a default-deny content security policy, with no access to VibePen accounts, cookies or sessions, and with third-party network requests blocked. Containment does not make a page honest. A Pen can still display a convincing fake login form, false information, or content you find offensive. Do not enter passwords, payment details, API keys or other sensitive information into a Pen. Do not run a Pen you do not trust for a purpose that matters. If a Pen looks like it is trying to deceive people, report it.#

12.2 Early-stage service. The Service is in alpha, operated by a very small team. It may be unavailable, lose data, change without notice, or be discontinued.#

12.3 No warranty. THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT ANY CONTENT IS ACCURATE, LAWFUL OR SAFE TO RUN OR REUSE, THAT ANY PERSON PUBLISHING CONTENT HAD THE RIGHT TO, OR THAT OUR SCREENING WILL DETECT ANY PARTICULAR HARMFUL CONTENT. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.#

13. Limitation of liability#

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

13.1 NEITHER VIBEPEN NOR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY.

13.2 OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (b) ONE HUNDRED UNITED STATES DOLLARS (USD 100).

13.3 WE ARE NOT LIABLE FOR CONTENT PUBLISHED BY OTHER USERS, FOR ANYTHING THAT HAPPENS WHEN YOU RUN OR REUSE A PEN, OR FOR THE ACTS OF ANY AI AGENT YOU CONNECT TO THE SERVICE.

13.4 These limits apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you; in that case our liability is limited to the fullest extent permitted by law.

14. Indemnity#

You will indemnify, defend and hold harmless VibePen and its members, managers, officers, employees and contractors from and against any claim, demand, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or relating to: (a) Content you publish, including Content published by an AI agent under a credential issued to your account; (b) your breach of these Terms, the Acceptable Use Policy, or any law; (c) your infringement or misappropriation of anyone's rights; or (d) your reuse of another person's Pen. We may assume the exclusive defence and control of any matter subject to this indemnity, and you will cooperate with us; you will not settle any matter in a way that imposes an obligation on us without our written consent.

15. Changes to these Terms#

We may change these Terms. If a change is material, we will post the updated Terms with a new effective date and give reasonable advance notice through the Service or by email before it takes effect. Continuing to use the Service after a change takes effect means you accept it; if you do not accept it, stop using the Service and delete your Content.

Changes to the default public licence apply only going forward. A change to Section 6 applies to Pens first made public after the change takes effect. A licence granted and a covenant made under Section 6 cannot be altered or withdrawn by a later version of these Terms.

16. Governing law and disputes#

16.1 Governing law. These Terms and any dispute arising out of them or the Service are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.#

16.2 Talk to us first. Before filing anything, contact us at dustadk@gmail.com with a description of the dispute and what you want. We will try to resolve it informally for at least 30 days.#

16.3 Venue. Subject to Section 16.2, you and VibePen agree to the exclusive jurisdiction of the state courts located in Williamson County, Tennessee and the United States District Court for the Middle District of Tennessee, and each of us waives any objection to that venue. Either of us may seek injunctive relief in any court of competent jurisdiction to protect intellectual property or prevent unauthorized access to the Service.#

16.4 Nothing in this section deprives a consumer of the protection of mandatory laws of their country of residence.

17. General#

17.1 Entire agreement. These Terms, together with the Acceptable Use Policy, the Copyright and DMCA Policy and the Privacy Policy, are the entire agreement between you and VibePen about the Service, and replace any earlier understanding.#

17.2 Severability. If any provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in force.#

17.3 No waiver. Our failure to enforce a provision is not a waiver of it.#

17.4 Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.#

17.5 No third-party beneficiaries, except that Section 6 is intended to be enforceable by any person who obtains a copy of a public Pen under it.#

17.6 Force majeure. Neither party is liable for a failure to perform caused by circumstances beyond its reasonable control.#

17.7 Contact. Enthusiast, LLC 1109 Davenport Blvd 301, Franklin, TN 37069 dustadk@gmail.com#