Vport, LLC Terms of Service

Version: 1.1.0
Effective Date: January 15, 2026
Last Updated: January 15, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Vport, LLC, a Delaware limited liability company ("Vport," "we," "us," or "our"). By accessing, downloading, installing, or using the Vport application for Apple Vision Pro or the Vport website at thevport.com (collectively, the "Services"), you agree to be bound by these Terms.

If you do not agree to these Terms, do not access or use the Services.

These Terms apply to all users of the Services, including Viewers, Creators (as defined below), and any other visitors to our website. Certain sections apply specifically to Creators and are clearly identified.

2. Definitions

"Content" — any audio, video, audiovisual, image, text, or other material uploaded to, streamed through, or displayed on the Services.

"Creator" — a professional artist, venue, promoter, production company, or other content provider that has executed a Vport Content Creator Agreement and uploads Content to the Services.

"Creator Agreement" — the separate Content Creator Agreement executed between Vport and a Creator, which governs the specific commercial terms of the Creator's relationship with Vport, including revenue sharing, content licensing, and payout terms.

"Creator Content" — Content uploaded to the Services by a Creator.

"Platform Terms" — these Terms of Service, the Privacy Policy, and the Community Guidelines, each as amended from time to time and available at thevport.com.

"Viewer" — an individual who accesses the Services to view Content.

"Credits" — the virtual currency used within the Services to access Content on a pay-per-minute-watched basis, purchased via Apple's In-App Purchase system or via Stripe on the website.

3. Eligibility

3.1 Age Requirement

The Services are intended exclusively for individuals who are eighteen (18) years of age or older. By using the Services, you represent and warrant that you are at least 18 years old. If you are under 18, you are not permitted to create an account or use the Services in any way.

3.2 Legal Capacity

You represent that you have the legal capacity to enter into a binding agreement and that your use of the Services does not violate any applicable law or regulation.

3.3 Export and Sanctions Compliance

You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List maintained by the Office of Foreign Assets Control (OFAC).

3.4 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to immediately notify Vport at [email protected] if you become aware of any unauthorized use of your account.

4. The Services

4.1 Description

Vport is an immersive concert Video-on-Demand (VOD) platform designed for Apple Vision Pro. The Services allow Viewers to access and experience 180° and 360° concert recordings in an immersive spatial computing environment on a pay-per-minute-watched basis. The Services also allow authorized Creators to upload and distribute immersive concert Content.

Vport provides hosting, encoding, delivery, and platform services for Creator-submitted Content. Creators are solely responsible for securing all necessary rights, licenses, and permissions and for deciding what Content they submit to the platform. Vport does not direct, commission, or edit Creator Content. Vport may, however, review, reject, remove, feature, de-list, geo-restrict, or organize Content in its sole discretion for legal compliance, platform standards, quality, safety, business, reputational, or platform-integrity reasons. The exercise of such discretion does not make Vport the author, publisher, or creator of any Creator Content.

4.2 Platform Availability

The Services are currently available on Apple Vision Pro (visionOS) and at thevport.com for account management and Credit purchases. We do not currently offer applications for iPhone, iPad, Mac, or any non-Apple platform.

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

4.4 No Social Features

Vport is not a social network. The Services do not include comments, direct messages, friend lists, user-generated reviews, user profiles visible to other users, or any other user-to-user social interaction features.

5. Accounts

5.1 Registration

To access certain features of the Services, you must create an account. During registration, you must provide accurate and complete information, including a valid email address, a username, and your date of birth. You agree to keep your account information current.

5.2 One Account Per Person

Each individual may maintain only one account. Duplicate or fraudulent accounts may be terminated without notice.

5.3 Account Security

You are solely responsible for safeguarding your password and for any activity on your account. Vport will not be liable for any loss arising from your failure to secure your account credentials.

5.4 Account Termination by You

You may request deletion of your account at any time by emailing [email protected]. Account deletion is subject to the data retention provisions in our Privacy Policy.

6. Viewer Terms

6.1 Viewing License

Subject to these Terms, Vport grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view Content through the Services for your personal, non-commercial use.

6.2 Restrictions

As a Viewer, you agree that you will NOT:

• Copy, reproduce, download, distribute, modify, display, perform, transfer, create derivative works from, sell, or otherwise exploit any Content, except as expressly permitted by the Services
• Circumvent, disable, or otherwise interfere with any security, digital rights management, or access control features of the Services
• Use any automated means (bots, scrapers, crawlers) to access the Services or Content
• Record, capture, or screenshot Content displayed through the Services, whether by screen recording, external camera, or any other means
• Share, transfer, or resell your account credentials or access rights
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
• Use the Services for any commercial or public performance purpose
• Reverse engineer, decompile, or disassemble any aspect of the Services

6.3 Enforcement of Viewing Restrictions

Violation of Section 6.2 — including any unauthorized recording, capture, or redistribution of Content — may result in immediate account suspension or termination, forfeiture of all Credits and Content access rights, and legal action including claims for injunctive relief and damages. Vport reserves all rights and remedies available at law or in equity.

6.4 Viewing Rights Are Non-Transferable

Content access rights are personal to the account holder and may not be transferred, gifted, shared, or resold. Credits are consumed on a per-minute-watched basis and are tied solely to the purchasing account.

7. Credits & Payments

7.1 Credits and Pay-Per-Minute Model

Vport uses a Credit-based, pay-per-minute-watched system. When you watch Content, Credits are deducted from your account balance based on the duration of Content consumed. Credit consumption rates are displayed before you begin watching any Content.

Credits may be purchased through:

• Apple's In-App Purchase system within the visionOS application
• Stripe on the Vport website (thevport.com)

7.2 Pricing

All Credit prices and per-minute consumption rates are displayed at the time of purchase or before viewing begins. Vport reserves the right to change Credit pricing and per-minute consumption rates at any time. Changes to consumption rates will apply prospectively to future viewing sessions and will not retroactively affect Credits already consumed.

7.3 Credit Properties

• Non-refundable: All Credit purchases are final, except as set forth below or as required by applicable law.
• Non-transferable: Credits may not be transferred, gifted, sold, traded, or exchanged between accounts or with third parties.
• Not redeemable for cash: Credits have no cash value and may not be redeemed for cash, refunds, or any form of monetary value, except as required by applicable law.
• No expiration: Purchased Credits do not expire while your account remains active and in good standing.
• Promotional Credits: Vport may, at its discretion, issue promotional or bonus Credits. Promotional Credits may have different terms, including expiration dates, usage restrictions, and non-transferability. Vport may revoke promotional Credits at any time if obtained through error, fraud, or violation of these Terms.

7.4 Refunds

Apple In-App Purchases: Refunds for Credits purchased through Apple's In-App Purchase system are governed exclusively by Apple's refund policies and procedures. Vport does not process refunds for Apple In-App Purchases. To request a refund, contact Apple directly through their support channels.

Website Purchases (Stripe): Credit purchases made on thevport.com via Stripe are final and non-refundable, except as required by applicable law. If you believe a website transaction was unauthorized or made in error, contact [email protected] within thirty (30) days of the transaction.

7.5 Credits Upon Account Suspension, Termination, or Disputes

• Account suspension: During suspension, Credits remain in your account but are not usable until the suspension is lifted.
• Account termination for cause: If your account is terminated for violation of these Terms, all Credits are forfeited. No refund or compensation will be provided for forfeited Credits, except as required by applicable law.
• Account deletion by you: If you voluntarily delete your account, any remaining Credits are forfeited.
• Chargebacks: If a chargeback or payment dispute is filed against a Credit purchase, Vport may immediately suspend your account and freeze all Credits pending resolution. If the chargeback is upheld, the corresponding Credits will be revoked. If the chargeback is reversed, account access and Credits will be restored.

7.6 Taxes

You are responsible for all applicable taxes associated with your purchases. Apple or Stripe may collect and remit applicable sales taxes on Vport's behalf.

7.7 No Ownership

Purchase of Credits or access to Content does not confer any ownership interest in the Content or in any intellectual property associated with the Content. You are purchasing a limited, revocable license to view Content on a per-minute basis, not a copy of the underlying work.

8. Creator Terms

This Section 8 applies exclusively to Creators. If you are not a Creator with an executed Creator Agreement, this section does not apply to you.

8.1 Creator Onboarding

Vport selectively authorizes Creators to upload Content to the platform. Creator access is by professional outreach and invitation only. There is no public creator signup, application, or self-service onboarding process. All Creator relationships are governed by a separately executed Creator Agreement.

The selective nature of Creator onboarding reflects Vport's commitment to platform quality and does not constitute editorial control over Creator Content. Creators — not Vport — decide what Content to submit, and Creators bear sole responsibility for the legality, accuracy, and rights clearance of all Creator Content.

8.2 Content Ownership

Creators retain full ownership of their Creator Content. Nothing in these Terms transfers ownership of Creator Content to Vport.

8.3 License Grant to Vport

By uploading Creator Content to the Services, you grant Vport a non-exclusive, worldwide, royalty-bearing (as specified in your Creator Agreement), sublicensable (solely to Vport's service providers for hosting, encoding, and delivery), and revocable license to:

• Host, store, encode, transcode, and process the Creator Content for delivery through the Services
• Publicly display, stream, and distribute the Creator Content to Viewers through the Services
• Create and display promotional excerpts, thumbnails, and previews of the Creator Content (not to exceed 60 seconds in length) for marketing the Services and the Creator Content
• Display the Creator's name, likeness, and biographical information in connection with the Creator Content on the Services

This license terminates upon removal of the Creator Content from the Services, except that Vport may retain archival copies as required for legal compliance, dispute resolution, or backup purposes for a reasonable period not to exceed 90 days following removal.

8.4 Creator Representations and Warranties

By uploading Creator Content, you represent and warrant that:

• You own or control all required rights. You are the owner of, or have obtained all rights, licenses, releases, consents, and permissions required for the creation, upload, distribution, public display, streaming, promotion, and exploitation of the Creator Content on Vport in all applicable territories. This includes, without limitation and as applicable: synchronization licenses, master use licenses, mechanical licenses, public performance licenses (from applicable performing rights organizations such as ASCAP, BMI, SESAC, or GMR), music publisher permissions, record label authorizations, and any other licenses or permissions required under applicable law.
• You have secured performer and venue consents. You have obtained all necessary releases, permissions, and consents from all individuals appearing in the Creator Content and from all venue owners or operators where the Creator Content was recorded.
• No infringement. The Creator Content does not infringe, misappropriate, or violate the copyright, trademark, right of publicity, right of privacy, or any other intellectual property or proprietary right of any third party.
• Compliance with law. The Creator Content complies with all applicable laws, regulations, and industry codes, including without limitation copyright law, obscenity law, export control regulations, and sanctions laws.
• Accuracy of metadata. All metadata, descriptions, titles, credits, and attributions you provide in connection with the Creator Content are accurate and complete.
• No restricted content. The Creator Content does not originate from, and its distribution does not violate, any applicable export control law, sanctions law, embargo restriction, or law restricting dealings with blocked persons or restricted jurisdictions.

8.5 Right to Request Documentation

Vport reserves the right, at any time and in its sole discretion, to require Creators to provide documentation supporting any of the representations and warranties in Section 8.4, including but not limited to:

• Chain-of-title documentation
• Executed synchronization and master use licenses
• Venue and location releases
• Performer releases and consents
• Cue sheets and music credits
• Performing rights organization (PRO) registration documentation
• Any other documentation Vport reasonably determines is necessary to verify rights clearance

Failure to provide requested documentation within a reasonable timeframe may result in Content removal, account suspension, or termination. Vport's decision not to request documentation at any given time does not constitute a waiver of this right or an endorsement of the Creator's rights representations.

8.6 Creator Indemnification

You agree to indemnify, defend, and hold harmless Vport, its officers, directors, employees, agents, and members from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Any breach of your representations and warranties in Section 8.4
• Any claim that your Creator Content infringes or misappropriates any third-party intellectual property right
• Any claim by any performer, musician, composer, producer, venue, label, publisher, or other party asserting rights in or to the Creator Content
• Your failure to obtain any required license, release, or permission

This indemnification obligation survives termination of these Terms and removal of Creator Content from the Services.

8.7 Revenue Sharing

Revenue sharing terms, payout schedules, minimum payout thresholds, and payment methods are governed exclusively by the Creator Agreement. These Terms do not establish any specific revenue sharing arrangement.

8.8 Creator Content Removal

Creator-Requested Removal: Creators may request removal of their Creator Content at any time by contacting [email protected]. Vport will use commercially reasonable efforts to remove the Content from public availability within a reasonable timeframe following receipt of the request. Upon removal, no new Viewers will be able to access the Content.

Effect on Prior Viewer Access: Unless otherwise required by law, a rights restriction, an infringement claim, a court order, or the terms of the Creator Agreement, creator-requested removal operates prospectively — it ends future access but does not require Vport to retroactively unwind prior viewing sessions for which Credits were consumed.

Legally Required Removal: Notwithstanding the foregoing, if removal is required by law, court order, valid DMCA notice, or a determination that the Creator's rights representations were inaccurate, Vport may immediately disable all access to the Content, including access by Viewers who previously purchased viewing rights.

8.9 Aggregated Analytics

Vport may provide Creators with aggregated, non-personally-identifiable analytics about their Creator Content (e.g., total views, total minutes watched, average watch time, geographic distribution at the country level). Creators may not attempt to re-identify individual Viewers from such analytics. Detailed analytics terms are set forth in the Creator Agreement.

9. User-Generated Content Platform & DMCA Safe Harbor

9.1 Platform Role

Vport provides hosting, encoding, delivery, and platform services for Content submitted by Creators. Creators are solely responsible for securing all required rights and for deciding what Content to submit to the platform. Vport does not direct, commission, or edit Creator Content.

Vport may review, reject, remove, feature, de-list, geo-restrict, age-gate, or organize Content in its sole discretion for legal compliance, platform standards, quality, safety, business, reputational, or platform-integrity reasons. The exercise of such discretion does not constitute editorial control over the substance of Creator Content and does not make Vport the author, publisher, or creator of any Creator Content for purposes of copyright law, the Communications Decency Act (47 U.S.C. § 230), or the Digital Millennium Copyright Act (17 U.S.C. § 512).

9.2 No Obligation to Monitor

Vport is not obligated to pre-screen, monitor, or review Creator Content before it is made available on the Services, though we reserve the right to do so. Vport does not endorse, guarantee, or assume responsibility for any Creator Content.

9.3 DMCA Compliance

Vport respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512.

9.4 DMCA Takedown Notices

If you believe that Content on the Services infringes your copyright, you may submit a written notification to our Designated Agent containing:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Vport to locate the material (e.g., a URL or description)
4. Your contact information, including address, telephone number, and email address
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
6. A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner

Designated Agent:

• Name: Vport Legal Department
• Address: 369 Arc Court, Hayward, CA 94544, USA
• Email: [email protected] (preferred contact method)

Our DMCA agent is registered with the U.S. Copyright Office at https://www.copyright.gov/dmca/onlinesp/

9.5 Counter-Notification

If you are a Creator and believe your Content was removed or disabled by mistake or misidentification, you may submit a written counter-notification to our Designated Agent containing:

1. Your physical or electronic signature
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled
3. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, the Northern District of California), and that you will accept service of process from the person who provided the original notification

Upon receipt of a valid counter-notification, Vport will forward it to the complaining party and restore the removed Content within 10 to 14 business days, unless the complaining party notifies us that it has filed a court action to restrain the allegedly infringing activity.

9.6 Repeat Infringer Policy

In accordance with 17 U.S.C. § 512(i), Vport maintains a policy of terminating the accounts of users who are repeat infringers in appropriate circumstances. A user may be deemed a repeat infringer if they are the subject of more than two (2) valid DMCA takedown notices for which no successful counter-notification was filed.

Vport reserves the right to terminate any account at any time if, in our sole judgment, the account holder has repeatedly infringed the copyrights or other intellectual property rights of others.

Appeals of account termination under this policy may be submitted to [email protected].

9.7 Misrepresentation and Bad-Faith Notices

Submitting a knowingly false or materially misleading DMCA takedown notice or counter-notification may result in liability for damages, including costs and attorneys' fees, under 17 U.S.C. § 512(f). Vport reserves the right to disregard notices or counter-notifications that it reasonably believes are fraudulent, abusive, or submitted in bad faith.

10. Prohibited Conduct

All users of the Services agree not to:

• Violate any applicable law, regulation, or these Terms
• Use the Services to transmit or distribute any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Services, servers, or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services
• Use the Services to harvest, collect, or store personal data about other users
• Use the Services for any commercial purpose not expressly permitted by these Terms
• Upload, transmit, or distribute any viruses, worms, malware, or other harmful code
• Engage in any activity that places an unreasonable or disproportionately large load on our infrastructure
• Use the Services in any manner that could damage, disable, overburden, or impair the Services
• Use the Services in violation of any applicable export control, sanctions, or embargo laws

The foregoing list is illustrative, not exhaustive. Additional content-specific prohibitions are set forth in the Vport Community Guidelines, available at thevport.com/community-guidelines.

11. Intellectual Property

11.1 Vport's Intellectual Property

The Services, including the Vport application, website, logos, trademarks, trade names, software, user interface design, visual design, and all underlying technology, are the property of Vport or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in Vport's intellectual property except the limited license to use the Services as described herein.

11.2 Trademarks

"Vport," the Vport logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Vport or its affiliates. You may not use such marks without our prior written permission.

11.3 Feedback

If you provide Vport with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you hereby assign to Vport all right, title, and interest in such Feedback. Vport may use Feedback for any purpose without compensation or attribution to you.

12. Third-Party Services & Links

The Services may contain links to third-party websites or services that are not owned or controlled by Vport. Vport has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Vport is not responsible or liable for any damage or loss caused by or in connection with your use of any such third-party content, goods, or services.

13. Disclaimers

13.1 "AS IS" and "AS AVAILABLE"

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VPORT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

13.2 No Guarantee of Availability

Vport does not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. Vport does not warrant the accuracy, completeness, or reliability of any Content obtained through the Services.

13.3 Creator Content Disclaimer

VPORT DOES NOT ENDORSE, VERIFY, OR GUARANTEE THE ACCURACY, QUALITY, LEGALITY, LICENSING STATUS, OR SAFETY OF ANY CREATOR CONTENT. CREATOR CONTENT IS THE SOLE RESPONSIBILITY OF THE CREATOR WHO UPLOADED IT. VPORT MAKES NO REPRESENTATION OR WARRANTY THAT ANY CREATOR CONTENT HAS BEEN PROPERLY LICENSED OR THAT ALL NECESSARY RIGHTS HAVE BEEN OBTAINED. VIEWING CREATOR CONTENT IS AT YOUR OWN RISK.

13.4 No Professional Advice

Nothing in the Services constitutes professional, legal, financial, medical, or other advice. You should not rely on the Services for any such purpose.

14. Limitation of Liability

14.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VPORT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT VPORT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VPORT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO VPORT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

14.3 Specific Exclusions

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VPORT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS ARISING FROM OR RELATED TO: (A) INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS BY CREATOR CONTENT; (B) ANY CREATOR'S FAILURE TO OBTAIN REQUIRED LICENSES, RELEASES, OR PERMISSIONS; OR (C) THE ACCURACY, LEGALITY, OR LICENSING STATUS OF ANY CREATOR CONTENT. ALL SUCH LIABILITY RESTS SOLELY WITH THE RESPONSIBLE CREATOR.

14.4 Basis of the Bargain

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN YOU AND VPORT AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VPORT. VPORT WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.

14.5 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. Indemnification

You agree to indemnify, defend, and hold harmless Vport, its officers, directors, employees, agents, and members from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of or access to the Services
• Your violation of these Terms
• Your violation of any third-party right, including any intellectual property right, publicity right, or privacy right
• Any claim that your conduct or Content caused damage to a third party

This indemnification obligation survives termination of these Terms.

16. Dispute Resolution

16.1 Informal Resolution

Before filing any formal legal action, you agree to first contact Vport at [email protected] and attempt to resolve the dispute informally. You agree to allow at least thirty (30) days for resolution before initiating any formal proceedings.

16.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA"). For disputes involving Viewers or other individual consumers, arbitration shall be conducted under the AAA Consumer Arbitration Rules then in effect. For disputes involving Creators acting in a professional or business capacity, arbitration shall be conducted under the AAA Commercial Arbitration Rules then in effect.

The arbitration shall take place in Alameda County, California, or, for consumer claims, at a location reasonably convenient to the consumer as required by applicable AAA Consumer Rules. The arbitrator's award shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

16.3 Small Claims Court

Notwithstanding Section 16.2, either party may bring an individual action in small claims court in Alameda County, California (or the county of your residence, if applicable), provided the claim falls within the court's jurisdictional limits.

16.4 Arbitration Fees

Payment of arbitration fees will be governed by the applicable AAA Rules. For consumer disputes, if the AAA Consumer Rules require Vport to pay a greater share of the fees, Vport will do so. Each party bears its own attorneys' fees unless the arbitrator awards fees to the prevailing party upon a finding that the other party's claim or defense was frivolous or brought in bad faith.

16.5 Opt-Out Right

You may opt out of the arbitration and class action waiver provisions of this Section 16 by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, account username, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, the remaining provisions of these Terms will continue to apply.

16.6 Class Action Waiver

YOU AND VPORT EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16.7 Jury Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND VPORT EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY COURT PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

16.8 Exceptions

Notwithstanding Section 16.2, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. Subject to Sections 16.3 and 16.8, to the extent that any lawsuit or court proceeding is permitted hereunder, you and Vport agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Alameda County, California.

18. Termination

18.1 Termination by You

You may terminate your account at any time by emailing [email protected].

18.2 Termination by Vport

Vport may suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to:

• Violation of these Terms or the Community Guidelines
• Repeated DMCA takedown notices (repeat infringer policy)
• Fraudulent, abusive, or illegal activity
• Chargeback or payment fraud
• Extended period of inactivity (12 months or more), following reasonable notice

18.3 Effect of Termination

Upon termination:

• Your right to access and use the Services immediately ceases
• All Credits are forfeited (except as required by applicable law)
• Creator Content may be removed from the Services
• Sections that by their nature should survive termination (including Sections 8.5, 8.6, 9, 11, 13, 14, 15, 16, 17, and 19) will survive

18.4 Data After Termination

Following account termination, your data will be handled in accordance with our Privacy Policy, including applicable retention periods and deletion procedures.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy, Community Guidelines, and any applicable Creator Agreement, constitute the entire agreement between you and Vport regarding the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Vport.

19.2 Severability

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

19.3 Waiver

The failure of Vport to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless in writing and signed by Vport.

19.4 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without Vport's prior written consent. Vport may assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

19.5 Force Majeure

Vport shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond Vport's reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, labor disputes, government actions, power failures, internet disruptions, or failures of third-party service providers.

19.6 Notices

All legal notices to Vport must be sent to [email protected] or by mail to: Vport, LLC, 369 Arc Court, Hayward, CA 94544, USA. Notices to you will be sent to the email address associated with your account.

19.7 No Third-Party Beneficiaries

Except as expressly set forth in Section 22.2, these Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

19.8 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

20. Modifications to These Terms

Vport reserves the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Services at least thirty (30) days prior to the change becoming effective. Your continued use of the Services after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Services and delete your account.

21. Contact

Vport, LLC

• Address: 369 Arc Court, Hayward, CA 94544, USA
• General Support: [email protected]
• Legal Notices: [email protected]
• DMCA Notices: [email protected]
• Privacy Inquiries: [email protected]

22. Additional Terms for Apple Vision Pro

22.1 Apple Terms

Your use of the Vport application on Apple Vision Pro is also subject to Apple's terms and conditions, including the Apple Media Services Terms and Conditions and the Licensed Application End User License Agreement ("LAEULA"). The license granted to you for the Vport application is limited to a non-transferable license to use the application on any Apple-branded product that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. In the event of a conflict between these Terms and Apple's terms regarding your use of the application, Apple's terms shall control to the extent required by Apple.

22.2 Apple as Third-Party Beneficiary

You acknowledge and agree that Apple, Inc. is a third-party beneficiary of these Terms solely with respect to this Section 22, and that Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

22.3 Maintenance and Support

Vport, not Apple, is solely responsible for providing maintenance and support services with respect to the Vport application. Apple has no obligation to furnish any maintenance and support services with respect to the application.

22.4 Product Claims

Vport, not Apple, is responsible for addressing any claims relating to the Vport application or your use of it, including product liability claims, claims that the application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.

22.5 Intellectual Property Claims

In the event of any third-party claim that the Vport application or your possession and use thereof infringes a third party's intellectual property rights, Vport, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

— END OF TERMS OF SERVICE —

Vport, LLC
369 Arc Court, Hayward, CA 94544, USA
[email protected]