Terms of Service

Last updated: March 14, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Vonga, LLC, an Indiana limited liability company ("Vonga," "we," "us," or "our").

By creating an account, clicking "I Agree," or otherwise accessing or using the Vonga platform and related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Vonga reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or by email. Your continued use of the Services after such notification constitutes acceptance of the modified Terms.

If you do not agree to these Terms, do not use the Services.

2. Description of Services

Vonga provides a cloud-based fan engagement platform that enables sports teams, venues, and organizations to create interactive fan experiences through NFC chip technology ("Platform"). The Services include:

• NFC chip provisioning and configuration for embedding into Client-designated merchandise and physical assets
• Fan tap event tracking, analytics, and reporting
• Configurable fan engagement experiences and campaigns
• Administrative dashboard and management tools

Vonga does not manufacture, sell, or distribute merchandise independently. However, Vonga may, at the Customer's request, source, produce, or embed NFC technology into physical merchandise on the Customer's behalf.

Vonga may update, modify, or discontinue features of the Services from time to time. We will provide reasonable notice of any material changes that adversely affect your use of the Services.

3. Account Registration

To use the Services, you must create an account by providing accurate, current, and complete information as requested during the registration process. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify Vonga immediately of any unauthorized use of your account at hello@vonga.io.

You may not: (a) create an account using false or misleading information; (b) share your account credentials with unauthorized parties; or (c) create multiple accounts for the same organization without Vonga's consent.

Accounts inactive for 12 consecutive months may be suspended with 30 days written notice.

4. Permitted and Prohibited Use

Permitted Use. You may use the Services solely for lawful fan engagement purposes in connection with your organization's events, merchandise, and marketing activities.

Prohibited Use. You shall not: (a) use the Services for any unlawful purpose or in violation of any applicable law or regulation; (b) reverse engineer, decompile, or attempt to discover the source code of the Platform; (c) sublicense, resell, or distribute the Services to third parties without Vonga's written consent; (d) interfere with or disrupt the integrity or performance of the Platform; (e) attempt to gain unauthorized access to any systems or networks connected to the Platform; (f) use the Services to collect data in violation of applicable privacy laws; (g) transmit any malware, viruses, or other harmful code; or (h) use the Services to send unsolicited communications to fans without appropriate consent.

5. Fan Data and Privacy Obligations

As a customer collecting fan data through the Services:

• You are the data controller for your fans' personal data
• You are responsible for providing fans with appropriate privacy notices
• You must comply with all applicable data protection laws (including GDPR, CCPA, and others)
• You grant Vonga the right to process fan data solely to provide the Services to you
• You must not use fan data for purposes beyond those disclosed to fans

For clients subject to GDPR or similar data protection regulations, a separate Data Processing Agreement is available upon request at hello@vonga.io.

Vonga's collection, use, and processing of data in connection with the Services is governed by the Vonga Privacy Policy.

6. Intellectual Property

Vonga's IP: Vonga and its licensors retain all right, title, and interest in and to the Platform, including all software, technology, algorithms, interfaces, documentation, trademarks, and related intellectual property. These Terms do not grant you any ownership interest in the Platform.

License Grant: Subject to your compliance with these Terms, Vonga grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during the term of your subscription.

Client Data: As between you and Vonga, you retain all right, title, and interest in and to the data you submit to the Platform, including fan engagement data collected through your use of the Services ("Client Data").

Feedback: If you provide suggestions, ideas, or feedback regarding the Services, you grant Vonga a worldwide, royalty-free, perpetual, irrevocable license to use, modify, and incorporate such feedback into the Services without restriction or obligation.

7. Fees and Payment

Access to the Services requires a paid subscription. Current pricing is available at vonga.io/pricing or as agreed in a separate order form. All fees are quoted in U.S. dollars.

• Fees are processed through Stripe. By providing payment information, you authorize Vonga to charge the applicable fees to your designated payment method.
• Subscriptions are billed monthly in advance on the anniversary of your subscription start date.
• Subscriptions automatically renew at the end of each billing period unless you cancel at least thirty (30) days before the next renewal date. You may cancel through your account settings or by contacting hello@vonga.io.
• All fees are exclusive of applicable taxes. You are responsible for all taxes associated with your use of the Services.
• Fees are non-refundable except as required by applicable law or as expressly stated in a separate written agreement.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• VONGA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO VONGA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
• IN NO EVENT SHALL VONGA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.
• THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." VONGA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Indemnification

You agree to indemnify, defend, and hold harmless Vonga and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law; or (d) your infringement of any third-party rights.

10. Term and Termination

By You: You may terminate your subscription at any time by canceling through your account settings. Cancellation takes effect at the end of the current billing period.

By Vonga: Vonga may suspend or terminate your access to the Services immediately if: (a) you breach these Terms; (b) your account is overdue for payment by more than thirty (30) days; or (c) continued provision of the Services would violate applicable law.

Effect of Termination: Upon termination: (a) your license to use the Services immediately ceases; (b) you may request export of your Client Data within thirty (30) days of termination; and (c) Vonga may delete your Client Data after the thirty-day export period.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of laws principles.

Any dispute arising under these Terms shall be resolved exclusively in the United States District Court for the Southern District of Indiana, Indianapolis Division, and you consent to the personal jurisdiction of such courts.

12. General Provisions

These Terms, together with the Privacy Policy and any applicable order forms, constitute the entire agreement between you and Vonga regarding the Services. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. You may not assign these Terms without Vonga's prior written consent. Vonga may assign these Terms in connection with a merger, acquisition, or sale of assets.

13. Changes to Terms

Vonga may update these Terms from time to time. Material changes will be communicated to active customers via email at least 30 days before taking effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

14. Contact

For questions about these Terms, contact us at:

• Email: hello@vonga.io
• Vonga, LLC, an Indiana limited liability company