VPORT END USER LICENSE AGREEMENT (EULA)

Effective Date: December 9, 2025
Last Updated: December 9, 2025
Version: 2.0.0

Entity: Vport, LLC (a Delaware limited liability company)
Contact: [email protected] | Vport, LLC, 369 Arc Ct, Hayward, CA 94544, USA
Platform: Vport Immersive Concert Platform (visionOS, iOS, Android, Web, TV)

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IMPORTANT NOTICE: PLEASE READ CAREFULLY.

This End User License Agreement (this “EULA”) is a legal agreement between Vport, LLC (“Vport,” “we,” “us,” or “our”), and you, the end user (“you” or the “End User”). It governs your installation and use of Vport’s software applications on visionOS (Apple Vision Pro) and other supported platforms, together with any updates, upgrades, patches, supplements, and related documentation (collectively, the “Software”).

⚠️ CRITICAL ACKNOWLEDGEMENTS & WARNINGS

1. Apple App Store Acknowledgement: To the extent you have downloaded the Software from the Apple App Store, you acknowledge that this EULA is concluded between you and Vport only, and not with Apple Inc. (“Apple”). Vport, not Apple, is solely responsible for the Software and the content thereof. You further acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
2. Age Restriction (18+): By agreeing to this EULA, you represent and warrant that you are at least 18 years of age. The Software and Services are strictly prohibited for use by individuals under the age of 18.
3. Health & Safety Warning (Spatial Computing): The Software provides an immersive spatial experience. You agree to use the Software only in a safe environment, free of obstacles, and to remain aware of your physical surroundings at all times to avoid injury. Vport is not liable for personal injury or property damage arising from your failure to maintain a safe physical environment.
4. Agreement: If you do not agree to this EULA, do not install or use the Software. By installing, accessing, or using the Software, you accept this EULA.

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1. License Grant

Subject to your continuous compliance with this EULA and the Service Terms (defined below), Vport grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use one copy of the Software on devices you own or control, solely for your personal, non-commercial use to access Vport’s services and content.

• Organizational Deployments: Enterprise, education, managed multi-user commercial exhibition, venue operation, or ticketed resale requires a separate written agreement (e.g., Enterprise Order Form + DPA).
• Regional Availability: Features, content, and availability may vary by region and device and may change at any time.

2. Ownership; No Sale

The Software is licensed, not sold. Vport and its licensors retain all right, title, and interest in and to the Software, including all intellectual property and proprietary rights. This EULA does not grant any rights in Vport content, trademarks, or other services beyond the license above. Rights in audiovisual content accessed via the Software are governed by the Vport Terms of Service and applicable content licenses.

3. Restrictions

You will not, and will not permit others to:

1. Modify: Copy, modify, adapt, translate, publicly display, or create derivative works of the Software (except to the limited extent permitted by non-waivable applicable law).
2. Reverse Engineer: Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying ideas, except where expressly permitted by law and then only with prior written notice to Vport.
3. Circumvent DRM: Circumvent or tamper with DRM, encryption, geo-filters, ticketing/credits, or paywalls; record, capture, or re-broadcast protected streams; or use any device or technique to copy protected content.
4. Automation: Use bots, scrapers, or unauthorized automation; interfere with security or integrity; probe, scan, or test the vulnerability of any system or network.
5. Commercialize: Rent, lease, lend, sell, sublicense, assign, distribute, host, or otherwise commercially exploit the Software.
6. Dangerous Use: Use the Software while operating a vehicle or in hazardous environments, or for any unlawful, infringing, deceptive, or harmful purpose.

4. Accounts; Eligibility

You must be at least 18 years old to use the Software. We implement an age verification mechanism during account registration. If we discover that a user is under 18, we reserve the right to suspend or terminate the account immediately. Vport does not knowingly collect personal information from children under 13.

You are responsible for the security of your account credentials and all activity that occurs under your account.

5. Updates; Changes; Beta Features

• 5.1 Automatic Updates: The Software may automatically check for, download, and install updates. Some updates may be required to continue use.
• 5.2 Feature Changes: Features may change or be discontinued at any time.
• 5.3 Beta Features: Pre-release or "Beta" features are provided "AS-IS" and may be unstable, causing crashes or data loss. Vport has no duty to support Beta features.
• 5.4 Feedback: If you submit suggestions or bug reports (“Feedback”), you grant Vport a non-exclusive, worldwide, royalty-free, irrevocable license to use such Feedback without compensation to you.

6. In-App Purchases, Subscriptions, Tickets & Virtual Goods

• 6.1 Platform Rules: Purchases made on Apple platforms use Apple In-App Purchase; refunds and subscription management are handled via your Apple ID.
• 6.2 Finality: Except where required by law, all purchases are final and non-refundable.
• 6.3 Virtual Goods: Virtual items (e.g., badges, tickets) are licensed, not sold, have no cash value, and are non-transferable.
• 6.4 Regional Rights: EEA/UK consumers may have a statutory right of withdrawal for digital content not yet supplied; accessing streaming content immediately constitutes a waiver of this right.
• 6.5 Usage Rules: Your license on Apple platforms is limited by Apple’s Media Services Terms and Usage Rules.

7. User Conduct & Spatial Safety (AR/VR)

You agree to interact with the Software and other users in a lawful, respectful manner.

• Prohibited Conduct: Harassment, hate speech, threats, and "griefing" (disruptive behavior) are strictly prohibited.
• Synthetic Media: You may not upload deepfakes or manipulated media impersonating real persons without clear labeling and consent.
• Apple Vision Pro Sensors: Sensitive sensor data (eye tracking, hand motion, room mapping) is processed locally by visionOS. Vport does not receive raw camera feeds or Optic ID templates. We do not request access to HealthKit or Contacts.
• Assumption of Risk: You acknowledge that immersive experiences involve inherent risks, including motion sickness, disorientation, and collision. You are solely responsible for ensuring your physical environment is safe.

8. User-Generated Content (UGC)

• 8.1 Responsibility: You are responsible for all UGC you submit (uploads, comments) and must own the necessary rights.
• 8.2 License: You grant Vport a worldwide, royalty-free license to host, reproduce, and display your UGC to operate and promote the Service.
• 8.3 Creator Monetization: Revenue sharing requires a separate Creator Agreement. Nothing in this EULA grants rights to commercially exhibit or resell content.

9. Data; Privacy

Your use is subject to the Vport Privacy Policy.

• Biometrics: Vport does not collect, store, or transmit biometric identifiers (e.g., face geometry). Spatial inputs are processed locally by the OS.
• Data Rights: You may exercise your privacy rights (Access, Delete, Opt-Out) via the in-app "Privacy & Data Controls" menu.

10. Third-Party Services & Open Source

The Software may interact with third-party services (e.g., Payment Processors), subject to their own terms. Open-source components are governed by their respective licenses, available at https://thevport.com/legal/oss.

11. Export Control & Sanctions

You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting,” and are not a prohibited party under U.S. export laws.

12. U.S. Government End Users

The Software is “Commercial Computer Software” as defined by FAR 2.101. Use by the U.S. Government is subject to restricted rights.

13. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VPORT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. VPORT’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF USD $100 OR THE AMOUNTS YOU PAID FOR THE SOFTWARE IN THE LAST 12 MONTHS.

15. Indemnification

You agree to indemnify and hold harmless Vport from any claims arising out of your breach of this EULA, your misuse of the Software, or your UGC.

16. Governing Law; Dispute Resolution

• Governing Law: State of Delaware, USA.
• Binding Arbitration: U.S. residents agree to resolve disputes via binding individual arbitration under JAMS rules in New Castle County, Delaware.
• Class Waiver: YOU WAIVE THE RIGHT TO A CLASS ACTION.
• Opt-Out: You may opt out of arbitration within 30 days of first use by emailing [email protected].

17. Apple App Store / visionOS Terms

If you obtained the Software from the Apple App Store, the following applies:

1. Parties: This EULA is between you and Vport, not Apple.
2. Maintenance: Apple has no obligation to provide maintenance or support.
3. Warranty: In the event of non-conformity, you may notify Apple for a refund of the purchase price; Apple has no other warranty obligation.
4. Product Claims: Vport, not Apple, is responsible for addressing product liability or regulatory claims.
5. IP Rights: Vport, not Apple, is responsible for the investigation and defense of IP infringement claims.
6. Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.

18. Term; Termination

Vport may terminate this EULA immediately if you breach these terms. Upon termination, you must cease use and delete the Software.

19. Miscellaneous

• Entire Agreement: This EULA + Terms of Service + Privacy Policy.
• Order of Precedence: In the event of conflict, the Terms of Service control regarding content/monetization. This EULA controls regarding software licensing and Apple-specific requirements.
• Severability: Unenforceable terms shall be modified to reflect intent; valid terms remain.
• Notices: Notices may be sent via email or in-app.

20. Regional Terms

• EEA/UK: Statutory right of withdrawal applies to digital content until supply begins.
• California: You may opt out of the “sale/sharing” of data via Settings.
• Australia/Japan: Statutory consumer guarantees remain unaffected by this EULA where prohibited by law.

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21. Annexes & Supplemental Terms

Your use of the Software is also governed by the following documents, which are incorporated by reference. In the event of a conflict, the Order of Precedence (Section 19) applies.

A. Vport Terms of Service

Summary: Governs your access to the Vport platform services, account management, streaming content, and general liability. Link: https://thevport.com/terms

B. Vport Privacy Policy

Summary: Details how we collect, use, and protect your data, including specific disclosures regarding Spatial Data, Biometrics (BIPA), and your rights under GDPR/CCPA. Link: https://thevport.com/privacy

C. Community Guidelines

Summary: The rules of conduct for the platform. Defines prohibited content (Hate Speech, CSAM, Piracy) and safety standards for the immersive environment. Link: https://thevport.com/community-guidelines

D. Creator Agreement (If Applicable)

Summary: Applicable only if you upload content for monetization. Governs revenue share, music licensing reps & warranties, and payout schedules. Location: Available in the Creator Studio Dashboard upon signup.