Last modified: January 11, 2021
VIVA Intl. ("VIVA," "our," "we," or "us") provides messaging, Internet calling, and other services to users around the world. Please read our Terms of Service carefully before using our software and services. You agree to our Terms of Service ("Terms") by installing, accessing, or using our apps, services, features, software, or website (together, "Services").
NO ACCESS TO EMERGENCY SERVICES: There are important differences between VIVA and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.
Registration. You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, update this mobile phone in your VIVA account. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.
Address Book. You provide us the names, phone numbers and email addresses of VIVA users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such names, numbers and emails to allow us to provide our Services.
Age. You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of VIVA, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
Harm to VIVA or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
Keeping Your Account Secure. You are responsible for keeping your device and your VIVA account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party's website that enables you to send information to your VIVA contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
Your Rights. VIVA does not claim ownership of the information that you submit for your VIVA account or through our Services. You must have the necessary rights to such information that you submit for your VIVA account or through our Services and the right to grant the rights and licenses in our Terms.
VIVA's Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines.
VIVA's License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our Intellectual Property Policy section. We may terminate your VIVA account if you repeatedly infringe the intellectual property rights of others.
You use our services at your own risk and subject to the following disclaimers. We are providing our services on an "as is" basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the "VIVA parties") from any claim, complaint, cause of action, controversy, or dispute (together, "claim") and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties.
The VIVA parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if the VIVA parties have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the greater of one hundred us. dollars (usd$100) or the amount you have paid us in the past twelve months. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some countries, states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in our terms, in such cases, the liability of the VIVA parties will be limited to the fullest extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless the VIVA Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.
You agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a "Dispute," and together, "Disputes") exclusively in Belgium courts, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.
Governing Law. The laws of Belgium govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between VIVA and you, without regard to conflict of law provisions.
Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Termination. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with VIVA: "Licenses," "Disclaimers," "Limitation of Liability," "Indemnification," "Dispute Resolution," "Availability and Termination of our Services," and "Other."
Last modified: January 11, 2021
Respect for your privacy is highly important to us. Since we started VIVA, we've aspired to build our Services with a set of strong privacy principles in mind.
Please also read VIVA's Terms of Service ("Terms"), which describes the terms under which you use our Services.
VIVA receives or collects information when we operate and provide our Services, including when you install, access, or use our Services.
We use all the information we have to help us operate, provide, improve, understand, customize, support, and market our Services.
You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Services.
If you would like to manage, change, limit, or delete your information, we allow you to do that through the following tools:
We may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users, VIVA, the Telepaty family of companies, or others.
VIVA Intl ("VIVA," "our," "we," or "us") is committed to helping people and organizations protect their intellectual property rights. Our users agree to our Terms of Service ("Terms") by installing, accessing, or using our apps, services, features, software, or website (together, "Services"). Our Terms do not allow our users to violate someone else's intellectual property rights when using our Services, including their copyrights and trademarks.
To report copyright infringement and request that VIVA remove any infringing content it is hosting (such as a VIVA user's profile picture, profile name, or status message), please email a completed copyright infringement claim to firstname.lastname@example.org (including all of the information listed below).
Before you report a claim of copyright infringement, you may want to send a message to the relevant VIVA user you believe may be infringing your copyright. You may be able to resolve the issue without contacting VIVA.
To report trademark infringement and request that VIVA remove any infringing content it is hosting, please email a complete trademark infringement claim to email@example.com (including all of the information listed below).
Before you report a claim of trademark infringement, you may want to send a message to the relevant VIVA user you believe may be infringing your trademark. You may be able to resolve the issue without contacting VIVA.
Please include all of the following information when reporting a copyright or trademark infringement claim to VIVA:
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You can follow the instructions provided by your browser or device (usually located under "Settings" or "Preferences") to modify your cookie settings. Please note that if you set your browser or device to disable cookies, certain of our Services may not function properly.