Terms & Conditions

Effective Date: March 3, 2026

Please read these Terms & Conditions ("Terms") carefully before using the Vive mobile application and related services (collectively, the "Service") operated by Vive ("we," "our," or "us").

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

Vive is a mobile application and related services available on iOS. We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Account Registration

To use certain features of the Service, you may be required to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account

You must be at least 13 years of age to create an account and use the Service. Accounts are for individual use only and are non-transferable. You may not assign or otherwise transfer your account to any other person or entity.

4. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Service on Apple-branded devices that you own or control, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

You may not:

• Copy, modify, or distribute the Service or any part thereof
• Decompile, reverse-engineer, disassemble, or attempt to derive the source code of the Service
• Make the Service available over a network where it could be used by multiple devices at the same time
• Rent, lease, lend, sell, redistribute, or sublicense the Service
• Create derivative works based on the Service or any part thereof
• Remove, alter, or obscure any proprietary notices on the Service

All rights not expressly granted to you are reserved by Vive.

5. User Conduct

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Harass, abuse, threaten, or intimidate other users
• Post or transmit content that is harmful, obscene, offensive, defamatory, or otherwise objectionable
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Collect or store personal data about other users without their consent
• Use any automated means (including bots, scrapers, or spiders) to access or collect data from the Service
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems or networks connected to the Service
• Circumvent, disable, or otherwise interfere with any security-related features of the Service

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these provisions.

6. User Content

The Service may allow you to create, post, store, and share content ("User Content"). You retain all ownership rights in your User Content. By posting User Content through the Service, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, distribute, display, and perform your User Content in connection with operating and providing the Service.

You represent and warrant that you own or have the necessary rights and permissions to post your User Content and to grant the license described above. We reserve the right to remove any User Content that, in our sole discretion, violates these Terms or is otherwise objectionable.

7. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and shall remain the exclusive property of Vive and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws. Our trademarks, service marks, and trade dress may not be used in connection with any product or service without the prior written consent of Vive.

8. Third-Party Services

The Service may contain links to or integrations with third-party websites, services, or content that are not owned or controlled by Vive. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Vive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIVE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT YOU PAID TO VIVE, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

11. Indemnification

You agree to defend, indemnify, and hold harmless Vive and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including but not limited to your User Content, any use of the Service's content other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may contact us at [email protected].

All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

13. Apple-Specific Terms

The following terms apply to your use of the Service through the Apple App Store:

• These Terms are entered into between you and Vive, not with Apple Inc. ("Apple"). Vive, not Apple, is solely responsible for the Service and its content.
• The license granted to you is limited to a non-transferable license to use the Service on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
• Vive is solely responsible for providing any maintenance and support services with respect to the Service. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
• In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service (if applicable). To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service.
• Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and use of the Service, including but not limited to: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the Service or your possession and use of the Service infringes a third party's intellectual property rights, Vive, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, 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.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in the State of California. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

15. Changes to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, by posting a notice within the app or by sending you an email. What constitutes a material change will be determined at our sole discretion.

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.

16. General Provisions

• Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
• Waiver: The failure of Vive to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Vive regarding the Service and supersede all prior agreements and understandings.
• Assignment: You may not assign or transfer these Terms, in whole or in part, without our prior written consent. Vive may assign these Terms without restriction.

17. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: [email protected]
• Website: vivewith.me