Terms of Service

1. Agreement to Terms

1a. Acceptance

By accessing or using Viva ("the Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Viva.

If you do not agree with any part of these Terms, you may not access or use the Service.

1b. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through a prominent notice on the Service. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

1c. Additional Terms

Some features of the Service may be subject to additional terms and conditions, which will be presented to you when you access those features. Those additional terms are incorporated into these Terms by reference.

2. Description of Service

2a. What Viva Does

Viva provides the following services:

• AI Staff: AI-assisted email response drafting, lead qualification and management, appointment scheduling, and customer communication tools
• Community Experiences: Event passports, local discovery, and community engagement programs
• Chamber Partnerships: Tools for chambers of commerce to support member businesses and track economic impact
• Business Dashboard: Unified management tools for local businesses
• Calendar Integration: Google Calendar and Outlook integration for appointment management

2b. Service Availability

We strive to provide continuous access to the Service, but we do not guarantee that the Service will be available at all times. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

3. AI Staff Services

3a. AI Content Generation

Our AI Staff features use artificial intelligence to help draft emails, qualify leads, and suggest responses. You understand and agree that:

• AI-generated content may contain errors, inaccuracies, or inappropriate content
• You must review all AI-generated drafts before sending to customers
• You cannot rely solely on AI outputs for critical business decisions
• All customer communications sent through our platform are ultimately your responsibility

3b. Compliance Responsibility

When using AI Staff features for customer communications, you are responsible for compliance with:

• CAN-SPAM Act and email marketing regulations
• TCPA and telephone/SMS communication laws
• GDPR, CCPA, and other data protection regulations
• Industry-specific regulations (HIPAA, financial services, etc.)
• Obtaining necessary consents before contacting individuals

3c. Third-Party Integrations

When you connect third-party services like Gmail, Outlook, or Google Calendar:

• You authorize us to access the data specified during the connection process
• You must comply with the third-party service's terms of use
• You can revoke access at any time through your account settings
• We are not responsible for the third-party service's functionality or availability

4. User Accounts

4a. Account Types

Viva offers different account types:

• Business Accounts: For local businesses using AI Staff and community features
• Chamber/Community Accounts: For chambers of commerce and community organizations acting as channel partners
• Consumer Accounts: For individuals participating in community experiences and event passports

4b. Account Registration

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Be an authorized representative of your business or organization
• Be at least 18 years old
• Not share your account credentials with others

4c. Account Security

You are responsible for:

• Maintaining the confidentiality of your password and account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

We are not liable for any loss or damage arising from your failure to maintain account security.

5. Chamber and Community Partners

5a. Channel Partner Role

Chambers and community organizations that partner with Viva:

• Help onboard and support their member businesses
• May receive aggregated data about member participation and economic impact
• Do not have access to individual business's detailed financial or customer data
• May organize community events and experiences through the platform

5b. Community Experiences

When participating in community events, passports, or experiences:

• Participation is voluntary and not required for other services
• Businesses control their own offers and participation
• The organizing chamber may see aggregated participation data
• Individual customer data is protected per our Privacy Policy

6. Acceptable Use

6a. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your business purposes.

6b. Prohibited Activities

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for any fraudulent or illegal activity
• Send spam, unsolicited communications, or harassing messages
• Impersonate any person or entity
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to any portion of the Service
• Use automated systems (bots, scrapers) without permission
• Reverse engineer or decompile any part of the Service
• Upload viruses, malware, or other malicious code

6c. Your Data

You retain all rights to the business data you provide to Viva. By providing your data, you grant us a license to use, process, and analyze it solely to provide the Service.

7. Fees and Payment

7a. Pricing

Some Viva features are free, while others require paid subscriptions. Current pricing is available on our website and during signup. We reserve the right to change pricing with at least 30 days' advance notice.

7b. Chamber Member Rates

Businesses joining through chamber partners may be eligible for special member rates as determined by the chamber partnership agreement.

7c. Payment Processing

Payments are processed through Stripe. You agree to Stripe's terms of service when making payments through our platform.

8. Intellectual Property Rights

8a. Viva's Intellectual Property

All content, features, and functionality of Viva, including software, text, graphics, logos, and AI models, are owned by Viva and are protected by intellectual property laws.

8b. Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Rent, lease, loan, sell, or sublicense the Service
• Use Viva's trademarks without prior written permission

8c. Feedback

If you provide feedback or suggestions about the Service, you grant us the right to use and incorporate such feedback without obligation to you.

9. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key highlights:

• We collect business and usage data to provide the Service
• AI features may process email and calendar data you authorize
• We do not sell your personal information
• Your data is never used to train external AI models
• You can request deletion of your data at any time

10. Disclaimers and Limitations

10a. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, INCLUDING:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the Service will be uninterrupted or error-free
• Warranties regarding the accuracy of AI-generated content
• Warranties regarding the reliability of integrations with third-party services

10b. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Viva shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for all claims shall not exceed the greater of amounts paid in six months or $100 USD
• We are not liable for actions taken based on AI-generated content
• We are not liable for third-party service availability or performance

11. Indemnification

You agree to indemnify and hold harmless Viva from any claims, liabilities, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your use of AI-generated content
• Your communications with customers through the Service
• Your violation of any laws or third-party rights

12. Termination

12a. Termination by You

You may terminate your account at any time through your account settings or by contacting us at [email protected].

12b. Termination by Us

We reserve the right to suspend or terminate your account at any time, with or without cause, with or without notice, for any reason including violation of these Terms.

12c. Effect of Termination

Upon termination:

• Your license to use the Service immediately ends
• We may delete your account and data (subject to retention requirements)
• Third-party integrations will be disconnected
• Sections that by their nature should survive will continue to apply

13. Dispute Resolution

13a. Informal Resolution

If you have a dispute with Viva, please contact us at [email protected] to attempt to resolve the dispute informally first.

13b. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles.

13c. Arbitration Agreement

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration conducted by the American Arbitration Association (AAA) in California.

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

14. General Provisions

14a. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Viva regarding the Service.

14b. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

14c. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

14d. California Users

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254.