VIVIBIT User Agreement

Effective Date: March 10, 2026
Last Updated: March 16, 2026

Welcome to VIVIBIT. This VIVIBIT User Agreement (“Agreement”) governs your access to and use of VIVIBIT software, web interfaces, device management portals, applications, APIs, SDKs, cloud-enabled functions, support-related digital services, and other related products or services that we make available (collectively, the “Services”).

In this Agreement, “VIVIBIT,” “we,” “our,” and “us” refer to the operator of the official VIVIBIT services and related affiliates that provide the Services, and “you” refers to the individual or entity accessing or using the Services.

By downloading, installing, registering for, accessing, or using the Services, you agree to be bound by this Agreement. If you do not agree, do not use the Services.

1. Scope of This Agreement

This Agreement applies to your use of VIVIBIT software and service environments, including, where applicable:

• web-based portals and dashboards;

• desktop, mobile, or other software applications;

• firmware-enabled or cloud-enabled product functions;

• APIs, SDKs, and developer-related tools;

• account-based support and service functions; and

• future features, updates, or related services that we may offer.

Additional terms, policies, or service-specific rules may also apply to certain products or features, including our Privacy Policy, Cookie Policy, Warranty Policy, Return Policy, API terms, or support terms. Where applicable, those additional terms are incorporated into this Agreement by reference.

2. Eligibility

You may use the Services only if you have the legal capacity to enter into a binding agreement under the laws applicable to you.

If you access or use the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to this Agreement, and “you” will refer to that entity as well.

If you are a minor under the laws of your jurisdiction, you may use the Services only with the involvement and consent of your parent or legal guardian.

3. Account Registration and Security

Certain features of the Services may require you to create or use a VIVIBIT account.

You agree to:

• provide accurate, current, and complete registration information;

• keep your account information updated;

• maintain the confidentiality of your login credentials; and

• accept responsibility for activities that occur under your account.

You must promptly notify us if you suspect unauthorized access, unauthorized use, or any security breach involving your account.

You may not:

• register accounts using false or misleading information;

• impersonate another person or entity;

• share, sell, transfer, rent, or lend your account to others; or

• create accounts in violation of applicable law or this Agreement.

We reserve the right to suspend, restrict, or terminate accounts that violate this Agreement or pose security, legal, or operational risks.

4. License to Use the Services

Subject to your compliance with this Agreement, VIVIBIT grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your internal, lawful, and authorized use.

Except as expressly permitted in writing, you may not:

• copy, reproduce, distribute, publish, or commercially exploit the Services;

• modify, adapt, translate, or create derivative works from the Services;

• reverse engineer, decompile, disassemble, decode, or attempt to extract source code from the Services, except where such restrictions are not permitted by applicable law;

• bypass or interfere with technical protection measures, access controls, or security features; or

• use the Services for unauthorized commercial hosting, resale, or service bureau purposes.

All rights not expressly granted to you are reserved by VIVIBIT and its licensors.

5. Updates, Changes, and Availability

We may update, modify, enhance, suspend, or discontinue any part of the Services at any time to improve functionality, security, compliance, performance, or user experience.

This may include:

• software updates;

• firmware updates;

• interface changes;

• security patches;

• feature additions or removals;

• service migrations; and

• temporary or permanent service suspension.

Some updates may be required for continued functionality, compatibility, or security. If you choose not to install or accept certain updates, parts of the Services may not function properly or may become unavailable.

We do not guarantee that any feature, interface, or service will remain available indefinitely.

6. Devices, Connectivity, and Customer Environment

You are responsible for obtaining, maintaining, and securing the devices, systems, networks, power supply, third-party software, and internet connectivity required to access or use the Services.

You are also responsible for determining whether the Services are suitable for your intended environment, including your:

• device models;

• network architecture;

• storage environment;

• operating systems;

• software stack;

• security controls; and

• business or technical requirements.

Unless expressly agreed in writing, VIVIBIT does not guarantee that the Services will be compatible with every third-party environment, deployment setup, or customer workflow.

7. User Content and Data Responsibility

Depending on the Services used, you may upload, store, transmit, manage, access, or otherwise process files, data, metadata, logs, configurations, credentials, or other content (“User Data”).

You acknowledge and agree that:

• you are solely responsible for your User Data and for how you use the Services in relation to such data;

• you must ensure that your User Data and your use of the Services comply with applicable law, contractual obligations, and third-party rights;

• you are responsible for obtaining all necessary notices, permissions, consents, and legal authorizations related to your User Data;

• you are responsible for data classification, retention, backup, deletion, export, and access management decisions within your environment.

Unless expressly stated otherwise in a separate written agreement, VIVIBIT does not assume responsibility as your data controller, processor, custodian, or fiduciary solely by providing the Services.

You are solely responsible for evaluating whether the Services are appropriate for storing, processing, or transmitting regulated, sensitive, export-controlled, business-critical, or cross-border data.

8. Acceptable Use

You may use the Services only for lawful and authorized purposes.

You may not, and may not permit others to:

• use the Services in violation of any law, regulation, sanction, or court order;

• upload, transmit, store, or distribute unlawful, harmful, fraudulent, infringing, defamatory, obscene, abusive, or malicious content;

• interfere with the operation, integrity, or security of the Services or related infrastructure;

• introduce malware, ransomware, spyware, viruses, worms, Trojan horses, or other harmful code;

• attempt unauthorized access to accounts, devices, data, systems, APIs, or networks;

• probe, scan, or test vulnerabilities without prior written authorization;

• scrape, crawl, mirror, or harvest data from the Services using automated means without our prior written permission;

• use the Services to engage in fraud, phishing, account abuse, credential theft, spam, illegal surveillance, or other abusive activity;

• infringe the intellectual property, privacy, confidentiality, publicity, or other rights of any person or entity;

• use the Services in connection with prohibited end uses, including unlawful surveillance, unlawful interception, restricted military use, or other restricted activities under applicable law.

9. Network and Security Restrictions

To protect the integrity and stability of the Services, you agree not to:

• use bots, scripts, emulators, plug-ins, or automated systems that interfere with normal operation;

• overload, disrupt, or degrade the Services through excessive or abusive requests;

• circumvent authentication, usage restrictions, rate limits, or access controls;

• modify or tamper with system identifiers, logs, protocol data, or software integrity mechanisms;

• facilitate or support third parties in performing any of the prohibited activities described in this Agreement.

We reserve the right to monitor for abuse, investigate suspicious activity, and take appropriate protective action.

10. Third-Party Services and Integrations

The Services may contain or interoperate with third-party software, hardware, services, websites, APIs, or integrations.

Your use of third-party services may be subject to separate agreements, privacy policies, license terms, and operational rules imposed by the relevant third party. VIVIBIT does not control and is not responsible for third-party services, including their availability, security, performance, legality, or data practices.

You are solely responsible for reviewing and accepting any third-party terms before enabling or using third-party integrations.

11. Intellectual Property

The Services, including all software, technology, content, designs, interfaces, text, graphics, logos, trademarks, service marks, trade names, documentation, and related materials, are owned by or licensed to VIVIBIT and are protected by intellectual property and other applicable laws.

Except as expressly permitted in writing, you may not use VIVIBIT’s trademarks, branding, domain names, product names, or other proprietary identifiers.

Nothing in this Agreement transfers ownership of any intellectual property rights to you.

12. Export Control, Sanctions, and Restricted Use

You agree to comply with all applicable export control, sanctions, customs, trade, and import laws and regulations.

You represent and warrant that:

• you are not located in, organized under the laws of, or ordinarily resident in a restricted jurisdiction where access to the Services would be prohibited;

• you are not a prohibited or sanctioned person or entity;

• you will not use, export, re-export, transfer, or otherwise make the Services available in violation of applicable export control or sanctions laws; and

• you will not use the Services for prohibited end uses.

We may restrict, suspend, or terminate access where export control, sanctions, compliance, or regulatory concerns arise.

13. Suspension, Restriction, and Termination

We may suspend, restrict, or terminate your access to all or part of the Services, with or without notice where permitted by law, if:

• you violate this Agreement;

• your use poses security, legal, compliance, or operational risks;

• we are required to do so by law, regulation, court order, or governmental request;

• your account is inactive for an extended period, where permitted; or

• the Services or a portion of the Services are discontinued.

Upon suspension or termination, your right to access or use the affected Services will cease immediately to the extent specified by us.

Termination does not relieve you of obligations or liabilities incurred before termination.

14. Privacy

Your use of the Services may involve the collection and processing of personal information as described in our Privacy Policy.

Please review the VIVIBIT Privacy Policy to understand how we collect, use, disclose, store, and protect personal information, and the rights that may be available to you.

15. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

VIVIBIT does not warrant that:

• the Services will be uninterrupted, error-free, or fully secure;

• defects or vulnerabilities will always be detected or corrected;

• the Services will meet all of your requirements or expectations;

• the Services will be compatible with all devices, networks, systems, or third-party services;

• any data will be preserved without loss, corruption, delay, interception, or unavailability; or

• the Services will be available in all countries or jurisdictions.

Except as expressly stated in a separate written warranty or as required by applicable law, VIVIBIT disclaims all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment.

16. Limitation of Liability

To the fullest extent permitted by applicable law, VIVIBIT and its affiliates, licensors, service providers, officers, directors, employees, agents, and contractors will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including damages for lost profits, lost revenue, lost business opportunities, loss of goodwill, loss of data, business interruption, or procurement of substitute services, arising out of or related to:

• your use of or inability to use the Services;

• security incidents, malware, unauthorized access, or data loss;

• interruptions, delays, downtime, or service instability;

• third-party services, carriers, networks, or providers;

• compatibility issues, deployment failures, or customer environment limitations;

• your User Data or your data management decisions; or

• any conduct of you or any third party.

To the extent liability cannot be excluded, VIVIBIT’s aggregate liability arising out of or relating to the Services will not exceed the amount actually paid by you to VIVIBIT for the specific Service giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim.

Nothing in this Agreement excludes liability that cannot be excluded under applicable law.

17. Indemnification

You agree to defend, indemnify, and hold harmless VIVIBIT and its affiliates, licensors, service providers, officers, directors, employees, agents, and contractors from and against any claims, actions, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• your breach of this Agreement;

• your User Data;

• your misuse of the Services;

• your violation of applicable law;

• your infringement or misappropriation of third-party rights; or

• your use of the Services in a manner not authorized by VIVIBIT.

18. Changes to This Agreement

We may revise this Agreement from time to time to reflect changes in law, technology, security practices, business operations, or the Services.

When we do so, we will update the “Last Updated” date at the top of this Agreement and may provide notice through the Services, our website, email, or other reasonable means.

Your continued use of the Services after the revised Agreement becomes effective constitutes your acceptance of the updated Agreement.

19. Notices

We may provide notices to you through:

• the Services;

• website postings;

• dashboard or account notifications;

• email;

• text message; or

• other contact methods associated with your account.

You are responsible for keeping your contact information current. We are not responsible for notices not received because your account or contact information is inaccurate or outdated.

20. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws specified by the legal entity operating the relevant VIVIBIT Services, without regard to conflict of law principles.

Any dispute arising out of or relating to this Agreement or the Services shall be resolved in accordance with the dispute resolution mechanism specified by the legal entity operating the relevant VIVIBIT Services or any separate written agreement applicable to your use.

If no separate dispute resolution terms apply, VIVIBIT reserves the right to require disputes to be resolved through arbitration or the courts of competent jurisdiction, to the extent permitted by applicable law.

21. Miscellaneous

If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

This Agreement, together with any additional policies or written agreements that apply to your use of the Services, constitutes the entire agreement between you and VIVIBIT regarding the Services, unless a separate written agreement expressly governs.

No waiver of any provision of this Agreement will be deemed a further or continuing waiver of that provision or any other provision.

Nothing in this Agreement creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and VIVIBIT.

22. Contact Us

If you have any questions, comments, or concerns about this Agreement or the Services, please contact us using the contact information provided on the official VIVIBIT website.