VivoCue End User License Agreement and Data Use Disclosure

IMPORTANT: This agreement governs your use of VivoCue. Read it in full before creating an account. You will be asked to confirm your acceptance with an active checkbox before accessing the platform. If you do not agree, do not create an account.

Who this covers: Any individual or organization that creates a VivoCue account, including producers, directors, performers, stage managers, crew, administrators, and parents or guardians acting on behalf of a minor.

Who we are: Vivorium Ventures, a Virginia corporation, operating as the Vivorium Ventures project (“Vivorium,” “we,” “us,” or “our”). Principal address: 8401 Mayland Dr, STE A, Richmond, VA 23294. Contact: legal@vivorium.com

What this covers: Your license to use VivoCue, how your data is collected and used, what persists after you delete your account, how production and credit records are treated, and your rights and obligations as a user.

1. Acceptance of Terms

By creating an account on VivoCue, you agree to be bound by this End User License Agreement and Data Use Disclosure (this "Agreement"). This Agreement is a legal contract between you and Vivorium Ventures.

Account creation requires active affirmative consent. If you are 18 or older, you will be presented with the following checkbox at the account creation screen. You must check it before your account is created. Leaving it unchecked means the account cannot proceed. Minors and their parents or guardians are presented with the age-specific checkboxes that follow instead.

If you are creating an account on behalf of an organization (a school, theater company, or university), you represent that you have authority to bind that organization to this Agreement.

If you are a parent or legal guardian approving an account for a child under 13, you will be presented with the following checkbox instead:

If you are 13 to 17 years old, you will be presented with the following checkbox instead:

If you are the parent or guardian authorizing a performer 13 to 17, you will also be presented with the following checkbox:

2. License Grant and Restrictions

Subject to your compliance with this Agreement, Vivorium grants you a limited, non-exclusive, non-transferable, revocable license to access and use VivoCue solely for managing theatrical productions and the associated creative and administrative activities described in the platform.

You may not:

Copy, modify, distribute, sell, or sublicense any part of the platform or its underlying code.

Use the platform to collect, harvest, or scrape data about other users for any purpose outside your own production management.

Sell, rent, license, or otherwise monetize any data obtained from the platform, whether collected directly, through any automated means, or otherwise, for any purpose outside your own production management.

Use the platform to identify, contact, or solicit other users for any commercial purpose unrelated to your own production management, including recruiting them to a competing product or service.

Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the platform, except to the extent such a restriction is prohibited by applicable law.

Probe, scan, or test the vulnerability of the platform, attempt to circumvent or disable any security or authentication measure, introduce malicious code, or otherwise interfere with or disrupt the platform's operation or another user's use of it.

Attempt to access systems, data, or accounts that you are not authorized to access.

Use the platform in any way that violates applicable law, including laws protecting the privacy of minors.

Represent that you are affiliated with Vivorium or that you speak on its behalf.

Upload, submit, or store through the platform, including through any file-sharing or document storage feature, any content that: infringes the copyright, trademark, or other intellectual property rights of any third party; you do not hold the necessary rights, licenses, or permissions to use for the purpose uploaded, including scripts, scores, or other copyrighted material without a valid performance license; is obscene, pornographic, or sexually explicit; constitutes hate speech or promotes discrimination, violence, or harassment against any individual or group; or is otherwise unlawful. You are solely responsible for all content you upload to the platform. By uploading any content, you warrant that you hold all rights necessary to upload and use it for the purposes described and that it does not violate this Agreement or applicable law. You agree to indemnify and hold Vivorium harmless from any claim, loss, or liability arising from content you upload. Vivorium bears no liability for content uploaded in violation of this warranty and may remove any content that violates this Agreement, at its discretion, without notice.

3. Data We Collect and Why

We collect data that you provide directly and data that is generated by your use of the platform. The following table describes the principal categories.

Account data: Name, email address, organization name, account type (director, performer, stage manager, etc.), account classification (adult, minor 13-17, or minor under 13). Why we collect it: To create and manage your account and identify your role within the platform.

Production data: Shows produced, production dates, venue, cast size, org type, licensing information. Why we collect it: To power the production management tools and to build the intelligence dataset used for show recommendations and publisher analytics.

Performer and credit data: Name, headshot, biography, production history, roles performed, organizations appeared in. Why we collect it: To generate verified production credits and power the performer index.

Audition data: Month and year of birth, emergency or family contact information, school name, grade level, and audition and casting details such as performance skills, roles, availability, scoring, casting decisions, conflicts, callback status. Why we collect it: To manage the audition process and generate production records. Emergency or family contact, school name, and grade level are used only for internal casting and production management and are never displayed publicly or in the performer index.

Parent or guardian data: Parent or guardian name, email address, and mobile phone number, where provided, together with the record of consent given. Why we collect it: To provide the required notice and obtain and verify parental consent under Section 7. The mobile phone number is used only to send a one-time verification code and is not used for marketing.

Minor data: Same as above for users identified as minors, subject to enhanced protections and age-based visibility rules. See Section 7. For users under 13 we do not request or collect the child's own email address or phone number. Why we collect it: Strictly limited to the production management purpose. Not used for marketing or analytics targeting. See Section 7.

Usage and analytics data: Pages visited, features used, session timing, device and browser type, and IP-derived information. Analytics, session recording, error tracking, and marketing tools are used to understand platform usage, diagnose problems, and, when marketing begins, to support paid acquisition of adult users. Raw IP addresses are not retained in identifiable form. None of these tools operate on any page accessible to a minor, and session recording does not run on any minor-accessible page. Why we collect it: To improve the platform and, when marketing begins, to support paid acquisition targeting of adult users only.

Communication data: Messages sent within the platform, call sheets delivered, parent channel announcements. Why we collect it: To operate the communication features and retain records relevant to the production.

4. Data Retention After Account Deletion

This section is important. Please read it carefully before creating an account. It describes what happens to your data if you delete your account.

When you delete your VivoCue account, the following occurs:

What is deleted:

Your email address and contact information is deleted and your account credentials are removed. If you are 18 or older, your name remains attached to any production record or credit in which you were involved, as described below; Vivorium production history is a public record of who worked on what production, and deleting your account removes your ability to log in, it does not remove your name from a show you were part of. If you are under 18, your name is handled according to the age-based rules in Section 7, which govern anonymization of your name in the production record upon account deletion.

Your account credentials are deleted from our authentication system.

Files you uploaded that are not attached to a production, are deleted from our storage systems.

Your login access to the platform is permanently revoked.

This does not include production records or verified credits, which are retained as described below.

What is retained:

The following records are retained by Vivorium after account deletion:

Production records in which you participated. If you appeared in a production, that production record remains in our database, including the production data itself, org type, show title, dates, role type, cast size, and associated metadata, retained permanently as part of the public production history. If you are 18 or older, your name remains attached to the production record. If you are under 18, see Section 7 for how your name in the record is handled upon account deletion. Marketing material uploaded by the organization which owns the production may remain which could include your likeness.

Verified production credits attributed to you. Credits are retained as part of the platform's permanent production history. If you are 18 or older, credits remain attributed to your name. If you are under 18, see Section 7 for how credit attribution is handled upon account deletion.

Aggregated and anonymized analytics derived from your activity while on the platform.

The record that consent was given and, where applicable, later withdrawn. Where consent was given or withdrawn on a signed paper form, that form is retained as the record. This record is kept only to demonstrate that consent was properly obtained and is not used for any other purpose.

Why we retain production records permanently: The integrity and value of the Vivorium production history dataset depends on its completeness. A director who participated in a production cannot retroactively remove that production from the historical record simply by deleting their account. The record belongs to all participants in that production, not to any single individual. This is how verified credit systems work. If you do not wish for production records to be retained, do not create an account.

Organizational Accounts

The deletion process described above applies to an individual user deleting their personal account. It does not affect the organization the individual belongs to. If a director, performer, or other individual deletes their personal account, the organization's account, its other users, and its active productions continue without interruption.

If an organization terminates or cancels its VivoCue account, production records already created remain in the Vivorium database and are governed by Section 5, regardless of the organization's continued use of the platform. The organization's administrative data, including billing history and its active user roster, is retained or deleted according to the VivoCue Organization Terms accepted by the organization. In-progress productions that have not concluded at the time of termination are closed out and retained as production records under Section 5. When an organization's account is terminated, every individual user associated with that organization, including directors, performers, crew, and administrators, is deactivated and loses access to the productions associated with that organization. Production records already created remain in the Vivorium database under Section 5. For participants 18 and older, the name remains attached to those records; for participants under 18, the name is anonymized as described in Section 7.

5. Production Records and Verified Credits

When you are added to a production as a director, cast member, crew member, administrator, or other, a production record is created that associates your account with that production. This is the foundation of the Vivorium verified credit system.

Production records are permanent. A production record documents that a specific production occurred, at a specific organization, during a specific period, with a specific cast and crew composition. These records:

Are owned by Vivorium, not by any individual participant.

Cannot be deleted by any individual user, including the organization administrator who created the production.

May be corrected by a Vivorium administrator if they contain a demonstrable factual error, upon written request with supporting documentation.

Persist after any individual participant deletes their account. For participants 18 or older, the participant's name remains attached, as described in Section 4. For participants under 18, the participant's name is handled according to the age-based rules in Section 7, which govern anonymization of the name upon account deletion.

An organization administrator, producer, director or other that adds you to a production by entering your name and either your email address or a platform username or by you individually using an audition link. By accepting an invitation to join a production on VivoCue or using a VivoCue audition link, you acknowledge that a production record will be created and that it will persist permanently in the Vivorium database after your participation. For participants 18 and older this includes your name; for participants under 18, your name is handled as described in Section 7, including permanent anonymization upon account deletion or withdrawal of consent.

6. Use of Data Across the Vivorium Platform

VivoCue is one product within the Vivorium platform ecosystem. Other current and future products include a performer profile and director search tool and a show intelligence and recommendation engine for directors and insights and intelligence for publishers and other rights holders. By creating a VivoCue account, you agree that:

Production data feeds the intelligence layer.

Aggregated, anonymized production data from VivoCue, including which shows are being produced, by which org types, in which markets, and at what frequency, feeds the intelligence dataset. This data is used to generate show recommendations for directors and to provide market intelligence to theater publishers. Individual personal identity is not shared with publishers. Only aggregated, anonymized behavioral data is used for this purpose.

Performer data may populate your performer index profile.

If you are a performer or crew member, production credits generated through VivoCue may be used to pre-populate or enhance your performer index profile. You will be notified when this occurs and will have the ability to claim, correct, or set visibility on your performer index profile. Public visibility for users under 18 follows the age-based rules in Section 7, not this default.

We may contact you about other Vivorium products.

Vivorium may contact you by email to inform you about other products and services in the Vivorium ecosystem that may be relevant to your role (for example, informing a director about show intelligence, or informing a performer about a performer index). You may opt out of marketing communications at any time by clicking the unsubscribe link in any marketing email or by contacting us at admin@vivorium.com. Opting out of marketing does not affect transactional communications related to your active use of VivoCue.

Service providers.

We use third-party service providers to operate the platform. These include hosting and database providers, file and image storage, an email delivery provider, an SMS provider used to deliver one-time parental consent verification codes, and a payment processor. These providers process information only to support the internal operations of the platform, on our instructions, and are not permitted to use it for their own purposes. We do not sell personal information, and we do not release personal information to third parties for their own use.

We do not sell your personal data to third parties. We do not share personal data with theater publishers or other commercial partners. We share only aggregated, anonymized production trend data with publisher partners under the data licensing program.

7. Minors, COPPA Compliance, and Age-Based Visibility

VivoCue is used by organizations whose participants include adults, teenagers, and children, including K-12 school programs, community theater, university, and professional productions. This section describes how a participant's age affects data collection, consent, and public display. Age tier is set at account creation and determines which rules below apply.

Under 13 (COPPA)

We operate in compliance with the Children’s Online Privacy Protection Act (COPPA) for any user under 13.

An account for a participant under 13 is created and controlled by their parent or legal guardian, not by the child. Minor accounts (users under 13) require verified parental or guardian consent before any data is collected or the account is activated.

Verified parental or guardian consent is obtained by an email plus method. A consent notice is sent to the parent or guardian's email address, and consent is granted only after a second verification step is completed. That second step is either a one-time code sent by text message to the parent or guardian's mobile phone, or, where no mobile phone is provided, a confirmation email sent after a stated delay following the initial approval. The child's submission is held in a pending state and does not proceed until the second step is completed. Where the parent or guardian has neither an email address nor a mobile phone, consent may instead be given on a signed paper consent form, which the organization records and retains as proof of consent.

A production record is created and the child's name is attached to it internally, consistent with Section 4 and Section 5. This record is not displayed in a public-facing performer index profile and is not made searchable outside the organization's own production management tools.

Minor data is not used for any marketing, analytics targeting, or cross-platform profiling purposes. Minor data is used only to operate the production management features for the production the minor is participating in.

Marketing and analytics tools do not operate on any page within VivoCue accessible to users under 13.

If a parent or guardian deletes a minor's account for a participant that is under 13, the child's personal information, including contact information and photo, is deleted. The production record itself, including the show, organization, dates, role, and other production data, is retained under Section 5, but the child's name is permanently anonymized within that record, for example replaced with a designation such as "Archived Cast Member" or "Past Performer." This anonymization cannot be reversed.

While the account is active, where a production's public digital program identifies a participant under 13, that participant is shown by first name only. A last name is never displayed publicly for a participant under 13. If the account is later deleted or consent is withdrawn, the name shown in that digital program is replaced with the same anonymized designation applied to the production record, so the participant is no longer identified by name in the program.

A photo submitted specifically for a production's public digital program, separate from any private audition or internal casting photo, may appear in that program only where a parent or guardian has given separate, explicit consent for that specific use. Any photo of a participant under 13 is provided by the parent or guardian. A participant under 13 does not upload a photo of themselves. A parent or guardian may revoke this consent at any time, which removes the photo from the digital program without requiring deletion of the account.

A parent or guardian may withdraw consent at any time, in the application or, for families using the paper path, on a signed paper withdrawal form recorded by the organization. Where the child is participating in an active production, the organization producing that production processes the withdrawal promptly. When consent is withdrawn, the child's personal information, including any photo, is deleted, and the child's name is permanently anonymized in the production record on the same basis as account deletion described above. The child is removed from the production.

A parent or guardian may request a description of the personal information collected from their child, review that information, and refuse to permit its further collection or use, by contacting legal@vivorium.com. We will take reasonable steps to confirm that the requester is the child's parent or guardian before responding.

Where a participant under 13 has entered the audition process but consent has not yet been completed, we hold only the participant's name and the age tier needed to route the correct consent flow. We do not retain the participant's date of birth during this period. If consent is not completed within 30 days, that information is deleted.

Personal information collected from a participant under 13 is retained only for as long as reasonably necessary for the production management and verified credit purposes described in this Agreement, and is handled in accordance with our published data retention policy.

Ages 13 to 17

COPPA does not apply to this age group, but users aged 13 to 17 remain minors, and certain state laws require parental involvement for users under 18. A performer aged 13 to 17 may complete the audition form themselves, and a parent or guardian authorizes the account at two points: before the process begins and again before the submission is final. That authorization uses the same email plus method described above, or a signed paper consent form where the parent or guardian has neither an email address nor a mobile phone. Additional protections apply to public display, described below.

A performer's name is attached to their production record and any verified credit by default, the same as for adult users, consistent with Section 4 and Section 5. This is not shown in a public-facing performer index profile unless the opt-in described below is completed.

If the performer deletes the account, or a parent or guardian withdraws consent, the login credentials, contact information, and photo are deleted, the same as for users under 13. The production record itself, including the show, organization, dates, role, and other production data, is retained under Section 5, but the performer's name is permanently anonymized within that record, for example replaced with a designation such as "Archived Cast Member" or "Past Performer." This anonymization cannot be reversed. If the public display opt-in described below had been completed, deleting the account also removes the profile from public display.

A parent or guardian may withdraw consent at any time, in the application or, for families using the paper path, on a signed paper withdrawal form recorded by the organization. Where the performer is participating in an active production, the organization producing that production processes the withdrawal promptly. When consent is withdrawn, the performer’s personal information, including any photo, is deleted, and the performer’s name is permanently anonymized in the production record on the same basis as account deletion described above. The performer is removed from the production.

A photo submitted specifically for a production's public digital program, separate from any private audition or internal casting photo, may appear in that production's digital program only if the performer or their parent or guardian has given separate, explicit consent for that specific use. This is separate from the performer index, which is only shown publicly if the opt-in described below is completed. This consent may be revoked at any time, which removes the photo from the digital program without requiring deletion of the account.

A performer aged 13 to 17 who wants their name and credit shown in a public-facing performer index profile may request this through their account. Displaying it publicly requires a parent or guardian to complete a separate opt-in consent, distinct from the consent given at account creation. The opt-in uses the same email plus consent method described above, specific to the public display request: a consent notice to the parent or guardian's email, confirmed by a one-time code sent by text message or, where no mobile phone is provided, a second confirmation email, or, where the parent or guardian has neither an email address nor a mobile phone, a signed paper consent form retained by the organization as proof of consent.

Until the guardian opt-in is completed, the performer's production history exists in the Vivorium database, which may show in a public program where separate consent has been given, consistent with Section 4 and Section 5, but is not shown in a public or searchable performer index profile.

A parent or guardian may revoke the public display opt-in at any time through their account settings. Revoking the opt-in removes the profile from public display. It does not remove the underlying production record, which is retained under Section 5.

Data for users in this age group is not used for marketing, analytics targeting, or cross-platform profiling. Marketing and analytics tools do not operate on any page within VivoCue accessible to users in this age group.

18 and older

A performer's name and credit are attached to their public-facing performer index profile by default, as described in Section 6, with no additional consent gate beyond standard account creation.

Age tier is self-reported at account creation and, where applicable, verified through the organization administering the production. Vivorium relies on the account classification designated at signup to apply the correct tier under this Section 7.

8. Intellectual Property

VivoCue, including all software, design, code, and content created by Vivorium, is the property of Vivorium Ventures. This Agreement does not transfer any ownership interest in VivoCue to you.

Content you create within VivoCue, including production notes, call sheets, rehearsal schedules, and program content, remains your content. You grant Vivorium a limited license to store, process, and display that content for the purpose of operating the platform. You retain the right to export and use your production content outside the platform.

Performer profile content (headshots, biography, resumes) that you submit belongs to you. You grant Vivorium a license to display it within the platform and, if you create a performer index profile, within the Vivorium ecosystem. You may update or remove this content at any time through your account settings.

9. Disclaimers and Limitation of Liability

VivoCue is provided "as is" and "as available." Vivorium makes no warranty that the platform will be uninterrupted, error-free, or that any particular feature will be available at any particular time.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIVORIUM'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR USE OF VIVOCUE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). LIABILITY TO AN ORGANIZATION THAT PURCHASES A SUBSCRIPTION IS GOVERNED SEPARATELY BY THE VIVOCUE ORGANIZATION TERMS. VIVORIUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

10. Termination and Account Suspension

Vivorium may suspend or terminate your account at any time if you violate this Agreement or if your use of the platform poses a legal, security, or reputational risk to Vivorium or to other users. You may request deletion of your account through your account settings. Where you are participating in a production that has not yet closed, the organization producing that production processes your deletion or removal, because the request affects an active production it is responsible for. Deletion may also be delayed where you are the sole owner of an organization, until ownership is transferred. The data retention consequences of account deletion are described in Section 4.

Upon termination for any reason, your license to use the platform is immediately revoked. Sections 2, 4, 5, 6, 8, 9, and 11 of this Agreement survive termination.

11. Governing Law and Disputes

This Agreement is governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. Any dispute arising from this Agreement or your use of VivoCue shall be resolved by binding arbitration administered by the American Arbitration Association in Richmond, Virginia, under its Consumer Arbitration Rules, except that either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm.

If you are located in the European Union or United Kingdom, you may have additional rights under applicable data protection law (including GDPR). Please contact legal@vivorium.com to exercise any such rights.

If you are a California resident, you may have additional rights under applicable California privacy law, including the California Consumer Privacy Act, including the right to know what personal information is collected, to request deletion of that information, and to opt out of the sale of personal information. Vivorium does not sell personal information. Please contact legal@vivorium.com to exercise any such rights.

12. Changes to This Agreement

Vivorium reserves the right to update this Agreement at any time. We will post the updated Agreement with a new effective date. For a material change, particularly to the data retention or data use provisions, we will make reasonable efforts to notify you, including by email where we have an address for you. Your continued use of the platform after the effective date of an updated Agreement constitutes acceptance of it.

13. Contact

Questions about this Agreement, requests to exercise data rights (including a parent or guardian's right to review, delete, or refuse further collection of a child's information), and corrections to production records should be directed to legal@vivorium.com. Parental consent submissions and other day-to-day account matters should be directed to admin@vivorium.com. Mailing address:

Legal: legal@vivorium.com

Day-to-day: admin@vivorium.com

Mail: Vivorium Ventures, 8401 Mayland Dr, STE A, Richmond, VA 23294