1. Purpose
These Terms of Use define the conditions under which users access and use Vivastream App.
Vivastream App may allow users to discover content, access live events, join creator livestreams, watch VOD and replay content, follow creators, interact through comments or chat where available, use support features, and, depending on the experience, purchase access or send paid gifts.
These terms apply across the Vivastream-supported environments. Access rules, payment flows, and available features may differ depending on device, interface, country, or payment integrations.
2. Definitions
For the purpose of these Terms, the expressions below have the following meaning.
- "Platform" means the Vivastream App service available through supported Vivastream environments, including browser or desktop environments where offered.
- "User" means any person accessing the platform, whether or not they have an account.
- "Account" means the personal area that may allow login, follows, purchases, comments, access history, and other personalized functions.
- "Live event" means a scheduled live experience, which may be free or paid and may include one or several streams.
- "Creator livestream" means a creator-operated live room distinct from a standard live event and subject to its own access, comment, and gift rules.
- "VOD" or "Replay" means on-demand content made available after a live session or published directly into the catalog.
- "Gift" means a paid digital interaction available on supported experiences.
- "Comment" or "Chat" means any public or private message or interaction posted through the platform.
- "User content" means any message, report, comment, or other contribution transmitted by a user through the platform.
3. Platform publisher
Vivastream App is operated by Vivastream App, LLC, located at 2261 Market Street STE 85068, San Francisco, CA 94114, USA.
The publication director is Vivastream App. Hosting and cloud infrastructure are provided through Google Cloud Platform (GCP). General service and legal questions may be sent to assistance@vivastream.app.
4. Acceptance of the Terms
Accessing or using the platform implies acceptance of these Terms. Acceptance may also be collected explicitly when creating an account, logging in, purchasing access, or using selected features.
If a user does not accept these Terms, they must stop using the platform.
Vivastream may update these Terms to reflect service evolution, feature changes, partner requirements, security needs, or legal developments. The applicable version is the version in effect at the time of use, subject to mandatory law.
5. Access conditions
Some content and features are freely accessible, while others require an account, login, paid access, a specific status, or certain technical conditions.
Users remain responsible for having a compatible device, up-to-date browser, sufficient internet connection, and more generally the technical environment required to use the service under satisfactory conditions.
Access to some content may be restricted due to legal, contractual, geographic, commercial, technical, or security constraints. Vivastream does not guarantee that every content item will be available to every user at all times or in all territories.
Access to the service is reserved to persons aged at least sixteen (16). Users aged sixteen to seventeen may use Vivastream App only under the responsibility of their legal representative.
6. Account creation and management
Some features require creating an account or logging into an existing account. Users agree to provide accurate, current, and non-misleading information and to keep it up to date.
Users are responsible for keeping their credentials confidential and for activities carried out from their account, except where a security failure is attributable to Vivastream or a provider under its control.
Users must promptly notify Vivastream of any unauthorized use of their account, suspected fraud, or credential compromise.
Users aged sixteen to seventeen may hold an account under the responsibility of their legal representative. Access purchases, paid VOD content, and gifts may only be made by such users with the authorization of their legal representative.
Vivastream may suspend, restrict, or close an account in the event of Terms violations, fraud, security risk, impersonation, repeated abuse, or legal or partner requirements.
7. Platform features
Vivastream App offers an editorial product experience built around discovery and access to live and on-demand content. Depending on product state and content availability, the platform may include a home feed, recommendation surfaces, livestream pages, live event pages, calendar views, creator pages, VOD catalog pages, search, profile, follow flows, personal lists, support, and interaction areas.
Vivastream may add, remove, restrict, or redesign features at any time, including temporarily, in order to improve the service, keep it secure, comply with contracts, or satisfy legal requirements.
8. Rules specific to live events
Live events are distinct from creator livestreams. They may be free or paid, available only during a scheduled window, and may or may not later become available as replay content depending on rights and configuration.
A live event may depend on a specific date or timeframe, stream status, number of streams, rights restrictions, geography, technical capacity, or successful prior payment.
Where a live event includes creator feeds, invited streamer feeds, or any other third-party feeds associated with the event, especially where the main or professional Vivastream feed is unavailable, Vivastream does not guarantee a level of quality, stability, framing, commentary, editorial continuity, or performance equivalent to a main feed operated directly by Vivastream.
Vivastream does not guarantee that a live event will be maintained, rebroadcast, replayed, or made available without interruption. A live event may be postponed, modified, suspended, degraded, canceled, or removed for editorial, technical, contractual, security, rights-related, or force majeure reasons.
9. Rules specific to creator livestreams
A creator livestream is a distinct experience from a standard live event. It may exist independently or be linked to a live event and may have its own access, moderation, comment, and gift rules.
A creator livestream may be free, paid, restricted to some users, or subject to unlocking. It may also be paused, ended, removed, or reconfigured at any time by the creator, Vivastream, or for technical, contractual, or security reasons.
Where an independent creator livestream is paid, Vivastream does not guarantee that the creator or streamer will actually go live, maintain the session for a given duration, or deliver content matching a user subjective expectations. If a user believes that a paid livestream did not take place, the user may report the matter to support. Vivastream may then conduct a reasonable review based on the technical, editorial, and contractual information available to determine whether the livestream did in fact take place and, where appropriate, decide what follow-up action should be taken.
Comments on a creator livestream may be enabled or disabled by the creator or by Vivastream. Gifts are only available on the experiences that actually support them. The temporary or permanent absence of such features does not entitle users to specific compensation.
10. Rules specific to VOD and replay content
VOD and replay content may be free, paid, conditioned on a user account, subject to prior purchase, limited in time, or restricted by territory or rights.
Vivastream does not guarantee permanent availability of any content item.
Access to replay or VOD content does not grant any right to copy, download, rebroadcast, or publicly communicate that content unless expressly authorized.
11. Payments, access, and commercial conditions
Access to some content or experiences may require payment of the price displayed on the platform. Prices, currencies, and presentation may vary depending on content, country, payment provider, taxes, and service configuration.
Access is considered granted only after effective payment confirmation by the relevant payment provider and by Vivastream systems. In the event of failure, refusal, challenge, anomaly, technical unavailability, or suspected fraud, a transaction may fail or be subject to verification.
Vivastream may offer several payment methods depending on the context, including Stripe, Apple, and Wave Money. No payment method is guaranteed to remain permanently available.
A canceled paid live event is refundable. If a live event is postponed, access may either remain valid for the rescheduled date or be refunded upon request in accordance with the instructions communicated by Vivastream. In the event of fraud, suspicious payment activity, or abusive chargeback behavior, Vivastream may suspend or cancel the relevant access and may suspend or ban the related account.
For digital content, creator livestreams, paid VOD content, gifts, and any access made available immediately, the user acknowledges that by requesting immediate performance they waive, where permitted by applicable law, any right of withdrawal once performance has started or access has been made available.
12. Gifts and paid interactions
Where the platform allows it, users may send a gift in the context of a supported experience, especially some creator livestreams. Gifts are not available on every content page or experience.
The amount, presentation, availability, and effect of a gift are those shown on the platform at the time of the action. A gift becomes final once payment has been successfully validated. Except where mandatory law provides otherwise or where a failure is attributable to Vivastream, gifts are not refundable.
A gift may be displayed within the relevant live experience where the product supports it. A gift does not constitute stored value, electronic money, or a redeemable credit for the user.
Users remain responsible for gifts sent from their account. Vivastream is not required to recreate a gift interaction that was not effectively validated by the payment systems.
13. Chat, comments, interactions, and moderation
The platform may provide comments, public chat, private support chat, reporting channels, or other interaction areas. Such areas may be opened, restricted, limited to some users, moderated, or closed at any time.
Users remain solely responsible for the content they publish, transmit, or make available through the platform. They agree not to post unlawful, abusive, hateful, violent, harassing, defamatory, misleading, fraudulent, or third-party rights infringing content.
Vivastream may, at its discretion or where legally required, remove any content or message, suspend interactions, close a chat, restrict a user, suspend an account temporarily or permanently, and provide relevant information to authorities or rights holders where legally required to do so.
14. User obligations
Users must not use the platform in a manner that breaches these Terms, applicable law, third-party rights, public order, or the security and reputation of Vivastream.
- circumventing an access control, technical limitation, payment flow, or security measure;
- copying, capturing, extracting, downloading, redistributing, reselling, or rebroadcasting content without authorization;
- using bots, scripts, automation, or mass collection processes without authorization;
- impersonating another person or providing false information;
- misusing chat, support, or comment features;
- disrupting the proper operation of a live event, creator livestream, or community space.
15. Intellectual property and anti-piracy
All platform elements, including interfaces, marks, branding, databases, texts, media, streams, developments, and editorial elements, are protected by intellectual property rights or contractual rights held by Vivastream, its partners, creators, or rights holders.
No ownership or exploitation right is transferred to the user merely because they use the platform. Any unauthorized reproduction, representation, adaptation, extraction, reuse, capture, recording, screen recording, access sharing, restream, or distribution is prohibited.
Some premium content may be protected by technical protection measures, including DRM. Any attempt to bypass those measures, capture protected content, or restream a premium feed may lead to access removal, account suspension, and legal action by Vivastream and/or the relevant rights holders.
Vivastream may take any reasonable anti-piracy or enforcement measure, including access blocking, account suspension, content removal, technical logging, and transmission of relevant information to competent authorities or rights holders.
16. Technical availability and limitations
Vivastream seeks to keep the platform operational but does not guarantee uninterrupted, error-free, or universal availability. The quality of the experience may depend on the device, browser, bandwidth, network load, payment provider, stream source, DRM, or external constraints.
Maintenance operations, security incidents, product changes, hosting limitations, playback issues, rights restrictions, or partner decisions may interrupt, slow down, modify, or limit access to the service.
Vivastream is not responsible for service degradation attributable to the user environment, ISP, hardware, third-party software, browser extension, firewall, operating system, or external payment provider.
17. Personal data
Personal data processing carried out in connection with Vivastream App is governed by the platform privacy policy. That policy should specify the categories of data processed, purposes, legal bases, recipients, retention periods, and the ways users may exercise their rights.
Using some features, including account management, payments, support, creator follow flows, comments, live interactions, or editorial personalization, may require personal data processing.
19. Suspension, restriction, or account deletion
Vivastream may suspend, restrict, lock, or delete access to all or part of the platform, a content item, an account, a chat, a purchase flow, or an interaction feature in the event of Terms breach, fraud, payment incident, security risk, abusive behavior, authority request, third-party complaint, or operational necessity.
Depending on the severity of the situation, such measures may be temporary or permanent and may be taken without prior notice where urgency justifies it.
20. Liability
Vivastream acts as a platform operator and is not subject to a general obligation to monitor all content, messages, or interactions produced by users, subject to applicable law.
Vivastream is not responsible for content published or broadcast by creators, partners, users, or third parties, nor for the consequences of service interruption, event cancellation, schedule change, replay unavailability, comment closure, pause state on a creator livestream, or access condition changes made for legitimate reasons.
To the extent permitted by mandatory law, Vivastream liability may only arise in the event of proven fault and shall be limited to direct damages only, excluding indirect losses and loss of image, opportunity, revenue, data, or profits.
21. Force majeure
Vivastream will not be liable for failure or delay in performing its obligations where caused by force majeure or events beyond its reasonable control, including major network outages, power failures, cyberattacks, essential provider unavailability, administrative blocking, labor disputes, natural disasters, or similar events.
22. Service evolution and changes to the Terms
Vivastream may change its service, layout, features, offers, editorial architecture, content categories, access flows, payment integrations, and support journeys at any time.
These Terms may also be amended at any time. In case of a material change, Vivastream may inform users by any useful means, including through the platform interface, at login, or by a dedicated notice.
23. Governing law and jurisdiction
These Terms are governed by the laws of the State of California, subject to any mandatory consumer protection rules that may apply to some users under applicable law.
Subject to mandatory law and absent prior amicable resolution, disputes relating to the interpretation, validity, or performance of these Terms shall fall under the jurisdiction of the courts of San Francisco, California.
24. Contact
For questions relating to platform use, access, a purchase, a gift, a playback issue, a report, the exercise of rights over personal data, or any legal question tied to the service, users may contact Vivastream through the contact channels made available on the platform.
A general support address is displayed on the page. Depending on the publication setup, additional legal, privacy, or notice contacts may later be added.