Terms of Service

Last updated: 06/2025

Welcome to Vivipod ("we", "our", "us"). These Terms of Service ("Terms") govern your access to and use of Vivipod's websites, apps, APIs, and any related services (collectively, the "Service"). By accessing or using the Service you agree to be bound by these Terms.

1. Who Can Use Vivipod

If you are under the age of digital consent in your country (13 in the U.S.), you may only access the Service through an account that is created and managed by a teacher, parent, or legal guardian. Users under this age may participate in Spaces but cannot create their own Spaces or otherwise administer the Service.
If you are at or above the age of digital consent, you may create your own account and use the Service independently.
If you are using the Service on behalf of an entity (e.g., a school), you represent that you have authority to bind that entity to these Terms.

2. Your Account

You are responsible for safeguarding your login credentials and for all activity that occurs under your account.
You agree to keep your contact information (e.g., primary email) accurate and up-to-date.
We may suspend or terminate your account if you violate these Terms or our policies.

3. Your Content

"Content" means any video, thumbnail, text, or other material you upload, post, or otherwise make available through the Service, including Assets, Spaces, Topics, Posts, and Comments.

Ownership – You retain all rights in your Content. These Terms do not grant us ownership of your Content.
License to Vivipod – By uploading Content you grant us a worldwide, non-exclusive, royalty-free license to host, store, process, display, and distribute your Content for the purpose of operating and improving the Service.
Public Visibility – Content in public Spaces or Topics is visible to anyone with the URL. Private Spaces remain accessible only to authorized members.
Moderation – We may remove or restrict Content that we believe violates these Terms or applicable law.

4. Prohibited Conduct

You agree not to:

Upload Content that is unlawful, hateful, harassing, or infringes on someone else's rights.
Violate or attempt to violate the security of the Service.
Use the Service to distribute malware or spam.
Interfere with or disrupt the access of any user or network.

5. Intellectual Property

The Service and its original content (excluding your Content) are the property of Vivipod and its licensors.
You may not use Vivipod's name, logo, or other trademarks without our prior written consent.

6. Third-Party Services

The Service may link to or integrate with third-party platforms (e.g., SSO providers, cloud storage). We are not responsible for those third-party services or their content.

7. Disclaimer of Warranties

The Service is provided "as is" and "as available." Vivipod disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be uninterrupted, secure, or error-free.

8. Limitation of Liability

In no event shall Vivipod be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, or goodwill.

Our aggregate liability for all claims relating to the Service shall not exceed the greater of (a) USD 100 or (b) the amounts you paid Vivipod in the past 12 months.

9. Termination

You may stop using the Service at any time. We may suspend or terminate your access to the Service if you violate these Terms or create risk or legal exposure for us.

10. Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law principles. Any disputes will be resolved exclusively in the federal or state courts located in Los Angeles County, California.

11. Changes to These Terms

We may update these Terms from time to time. If we make material changes we will provide notice (e.g., by email or in-app). Continued use of the Service after the changes become effective constitutes acceptance of the revised Terms.

12. Contact

For questions about these Terms please email us at help@vivipod.com.

Thank you for being part of Vivipod!