Terms of Service

Last Updated: December 9, 2024

1. Introduction and Acceptance of Terms

Welcome to Viewport, a video messaging platform operated by Viewabo, Inc. ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Viewport website, applications, and services (collectively, the "Service").

By accessing or using the Service in any capacity, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1.1 Definitions

"Visitor" means any person who accesses or browses the Service without creating an account or submitting video content.
"Sender" means any person who records and submits video messages through the Service, whether or not they have a registered account.
"User" means any person who creates a registered account on the Service.
"Content" means any video, audio, text, images, or other materials uploaded, submitted, or transmitted through the Service.

1.2 Consent Mechanisms

Visitors: By accessing or browsing the Service, you agree to these Terms (browserwrap agreement).
Senders and Users: By continuing with account registration or video submission, you are agreeing to these Terms (clickwrap agreement).

1.3 Age Requirements

You must be at least 18 years old, or at least 13 years old with parental or guardian consent, to use the Service. By using the Service, you represent and warrant that you meet these age requirements.

2. Description of Service

Viewport is a video messaging platform that enables:

For Users: Creation of personal landing pages (accessible at /@username) where others can send video messages, management of received video messages through a personal dashboard, and profile customization.
For Senders: Recording and submission of video messages to Users through their personal landing pages using browser-based video recording (WebRTC).
For Visitors: Browsing and viewing publicly available content on the Service.

3. Website Use (All Visitors)

3.1 Permitted Use

You may access and browse the Service for personal, non-commercial purposes in accordance with these Terms.

3.2 Prohibited Activities

You agree not to:

Use any automated system, including robots, spiders, or scrapers, to access the Service
Interfere with or disrupt the Service or servers or networks connected to the Service
Attempt to gain unauthorized access to any portion of the Service
Use the Service for any commercial purpose without our prior written consent
Remove, alter, or obscure any proprietary notices on the Service
Reverse engineer, decompile, or disassemble any portion of the Service
Frame or mirror any part of the Service without our prior written consent

4. User Accounts

4.1 Registration

To access certain features of the Service, you must create an account. You agree to:

Provide accurate, current, and complete registration information
Maintain and promptly update your account information
Maintain the security of your password and account
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized use of your account

4.2 Email Confirmation

You must verify your email address before accessing certain account features. We may suspend accounts with unverified email addresses.

4.3 Username

Your username must comply with our username policies: alphanumeric characters and hyphens only. We reserve the right to reclaim usernames that violate our policies, are inactive, or infringe on third-party rights.

4.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account.

5. Video Recording and Submission (Senders)

5.1 Consent to Record

By using the video recording feature, you consent to:

Grant the Service access to your device's camera and microphone
The recording of your video and audio content
The storage and processing of your video content on our servers
The delivery of your video content to the intended recipient

5.2 Sender Responsibilities

As a Sender, you:

Are solely responsible for the content of your video submissions
Understand that the recipient User will have access to view your video
Have no expectation of privacy from the recipient regarding your video content
Agree that we may retain your video content as necessary to provide the Service

5.3 Video Content Requirements

All video submissions must comply with the Acceptable Use Policy in Section 6.

6. User Content and Acceptable Use

6.1 Content Ownership

You retain ownership of all Content you submit to the Service. However, by submitting Content, you grant us the licenses described in Section 6.2.

6.2 License Grant

By submitting Content to the Service, you grant Viewabo, Inc. a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Content solely for the purpose of operating, providing, and improving the Service.

6.3 Prohibited Content

You agree not to submit, upload, or transmit any Content that:

Is false, misleading, or deceptive
Is defamatory, libelous, or invasive of another's privacy
Is obscene, pornographic, or sexually explicit
Is harassing, threatening, or promotes violence
Infringes any patent, trademark, copyright, or other intellectual property rights
Violates any applicable law, regulation, or third-party rights
Contains viruses, malware, or other harmful code
Constitutes spam, unsolicited advertising, or promotional materials
Impersonates any person or entity
Exploits minors in any way

6.4 Content Moderation

We reserve the right, but have no obligation, to:

Monitor Content submitted to the Service
Remove or disable access to any Content that violates these Terms
Terminate or suspend accounts that repeatedly violate these Terms

Users are responsible for reviewing and moderating video submissions they receive. Senders are responsible for ensuring their submissions comply with these Terms.

7. Intellectual Property

7.1 Company Property

The Service, including its design, text, graphics, logos, icons, images, software, and other content (excluding User Content), is the property of Viewabo, Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws.

7.2 Trademarks

"Viewport," "Viewabo," and associated logos are trademarks of Viewabo, Inc. You may not use these trademarks without our prior written consent.

7.3 Feedback

If you provide any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use such Feedback for any purpose without compensation or attribution to you.

8. Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

We are committed to complying with applicable data protection laws, including the California Consumer Privacy Act (CCPA) and, where applicable, the General Data Protection Regulation (GDPR).

9. Disclaimers and Warranties

9.1 "As Is" Basis

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.

9.2 No Guarantee

We do not warrant that:

The Service will be uninterrupted, timely, secure, or error-free
The results obtained from the Service will be accurate or reliable
Any errors in the Service will be corrected
The Service will meet your requirements

9.3 Third-Party Content

We are not responsible for any third-party content, products, or services accessed through the Service, or for the conduct of any third parties, including other Users and Senders.

10. Limitation of Liability

10.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIEWABO, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY AMOUNT EXCEEDING THE GREATER OF (A) THE FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

10.2 Exclusion of Damages

IN NO EVENT SHALL VIEWABO, INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

11. Indemnification

You agree to indemnify, defend, and hold harmless Viewabo, Inc. and its officers, directors, employees, agents, and affiliates 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 the Service
Your violation of these Terms
Your violation of any third-party rights, including intellectual property rights
Any Content you submit to the Service

12. Termination

12.1 Termination by You

You may terminate your account at any time by deleting your account through the Service settings or by contacting us.

12.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including if we reasonably believe you have violated these Terms.

12.3 Effect of Termination

Upon termination:

Your right to access and use the Service will immediately cease
We may delete your account and Content
Provisions that by their nature should survive termination will survive, including Sections 6.2 (License Grant), 7 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), and 13 (Dispute Resolution)

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@viewport.cx and attempt to resolve the dispute informally for at least thirty (30) days.

13.2 Binding Arbitration

If we cannot resolve the dispute informally, you and Viewabo, Inc. agree to resolve any claims relating to these Terms or the Service through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, except as modified by these Terms.

13.3 Arbitration Procedures

The arbitration shall be conducted in San Mateo County, California, or at another mutually agreed location
The arbitration shall be conducted in English
The arbitrator's decision shall be final and binding
Judgment on the arbitration award may be entered in any court of competent jurisdiction

13.4 Class Action Waiver

YOU AND VIEWABO, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.5 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

13.6 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@viewport.cx within thirty (30) days of first accepting these Terms.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the Service or by other means. Your continued use of the Service after such notice constitutes your acceptance of the modified Terms.

15. General Provisions

15.1 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.

15.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Viewabo, Inc. regarding the Service and supersede all prior agreements and understandings.

15.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

15.4 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.6 Notices

We may provide notices to you through the Service, via email to the address associated with your account, or by other reasonable means.

16. Contact Information

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

Viewabo, Inc.
Email: support@viewport.cx

By using Viewport, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.