Terms of Service

1. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract. The Service is offered to businesses and professionals, not to consumers for personal or household use. If you accept these Terms on behalf of a company or other organisation, you represent that you have authority to bind it, and you then means that organisation.

You are responsible for keeping your password and API keys confidential and for everything done under your account, whether or not you authorised it. Tell us promptly at [email protected] if you believe your account has been compromised. Information you give us must be accurate and kept current.

2. What the Service does and what it does not promise

The Service reads the website pages, files, and answers you provide (Customer Content), builds an index from them, and uses third-party large language models to generate replies to questions that visitors of your website ask (Outputs). When the assistant cannot answer, it offers the contact details you configured.

Outputs are generated automatically and may be inaccurate, incomplete, out of date, or inappropriate. Artificial-intelligence models can state things with confidence that are not true. You are solely responsible for reviewing Outputs, for deciding whether and how to rely on them, for the approved answers you publish, and for everything the assistant says to your visitors on your behalf. Outputs are not legal, medical, financial, tax, safety, or other professional advice, and you must not present them as such. You will keep a way for visitors to reach a human being.

We do not promise that the Service will be uninterrupted, error-free, or available at any particular time, that it will crawl every page, read every file format, or that any Output will meet your requirements.

3. Your content and your visitors

You keep all rights in Customer Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process, index, transmit, display, and create derivative works of Customer Content, and to send it to our model providers, solely to provide, secure, support, and improve the Service for you. This licence ends when the content is deleted from the Service, except for backup copies kept for a limited time.

You represent and warrant that you own or have all rights needed to provide Customer Content; that it does not infringe or misappropriate anyone’s intellectual property, privacy, or other rights; and that it does not include anything you are not permitted to disclose, such as other people’s secrets, payment card numbers, health records, or government identifiers.

Chats between the assistant and your visitors, and any name, phone number, or email a visitor submits, are stored so that you can review them. You are the controller of that data and we process it on your behalf. You are responsible for giving your visitors any notice and obtaining any consent that the law of your jurisdiction requires, including a privacy policy that discloses automated chat, data storage, and the use of third-party AI providers. Our Privacy Policy describes how we handle account data and visitor data, and lists our sub-processors. You must not use the Service to collect data from children under 13 (or the higher age your law sets) or to collect sensitive personal data unless you have a lawful basis to do so.

4. Acceptable use

You agree not to, and not to allow anyone else to:

• use the Service for anything unlawful, deceptive, defamatory, harassing, discriminatory, or harmful;
• upload or index content that infringes anyone’s rights, contains malware, or that you have scraped in breach of another site’s terms;
• generate or distribute spam, impersonate a person or organisation, or present the assistant as a human where the law requires disclosure of automation;
• probe, scan, attack, overload, or circumvent the security, rate limits, domain restrictions, or billing of the Service, or access another customer’s data;
• reverse-engineer the Service, copy its features, or use it to build or train a competing product, except where the law expressly permits;
• resell, sublicense, or offer the Service to third parties except under a written reseller agreement with us, or use it in any way that could expose us to liability or damage our reputation;
• use the Service in connection with weapons, critical infrastructure, or any activity where a wrong answer could cause death or serious injury.

We may remove content, suspend the widget, or suspend an account immediately and without notice if we reasonably believe this section has been breached, if required by law, or to protect the Service or other customers.

5. Plans, fees, and payment

Plans, included allowances, and prices are shown on the pricing page and on your Billing page at the time of purchase. Paid plans are billed in advance monthly and renew automatically until you cancel. Usage above a plan’s included allowance (a resolution being a visitor conversation the assistant resolved without a human) is metered and charged in arrears at the stated per-resolution rate. You may set a spending limit on Billing; without one you authorise overage charges as they accrue.

Payments are processed by Stripe under its own terms. You authorise us and Stripe to charge your payment method for all fees, taxes, and overage when due. Prices exclude taxes; you are responsible for any sales, VAT, GST, or withholding tax, which we may add to your invoice. Fees are stated in US dollars unless shown otherwise.

Fees are non-refundable and partial periods are not prorated, except where this Section or mandatory law provides otherwise. If a payment fails, we may retry it, suspend or downgrade your plan, and stop the widget until the balance is paid. Amounts unpaid 30 days after the invoice date may bear interest at 1% per month or the highest rate the law allows, whichever is lower, plus collection costs.

We may change prices or allowances with at least 30 days’ notice by email or on the Billing page; the change applies from your next renewal. Promotional, partner, and beta codes may be withdrawn at any time, are not transferable, and have no cash value.

6. Intellectual property and feedback

The Service, including its software, design, models’ prompts, documentation, and trademarks, is owned by us or our licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service and to embed the widget on websites you control, for your internal business purposes, during the term of this agreement. No other rights are granted.

As between you and us, you own the Outputs produced for your assistant, subject to the rights of third parties and to the fact that similar Outputs may be generated for other customers. Suggestions and feedback you give us may be used freely by us without obligation to you.

7. Third-party services

The Service relies on third-party providers, including AI model providers, hosting, email delivery, and Stripe. Their availability and conduct are outside our control. Customer Content and visitor chats may be sent to those providers to the extent needed to provide the Service. We are not responsible for third-party services, their terms, or their failures, and we may change providers at any time.

8. Confidentiality and security

We apply reasonable technical and organisational measures to protect data stored in the Service. No system is perfectly secure, and you accept that transmission over the internet carries risk. You must keep your API keys and embed keys confidential and rotate them if you suspect misuse. Each party will keep the other’s non-public information confidential and use it only to perform under these Terms, except where disclosure is required by law.

9. Term, suspension, and termination

These Terms apply from the moment you accept them until your account is closed. You may cancel a paid plan from Billing at any time; it stays active until the end of the paid period. You may delete assistants or ask us to delete your account at [email protected].

We may suspend or terminate your access, with or without notice, if you breach these Terms, if your payment is overdue, if required by law, if your use creates risk or liability for us, or if we discontinue the Service. On termination your licence ends, the widget stops answering, and we may delete your data after a reasonable period. Sections 2, 3, 5 (for amounts owed), 6, 8, 10, 11, 12, and 14 survive termination.

10. Disclaimer of warranties

The Service and all Outputs are provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and non-interference. We do not warrant that Outputs will be correct, that the Service will meet your needs, or that defects will be corrected.

11. Limitation of liability

To the fullest extent permitted by law, in no event will we or our suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, data, or business, arising out of or related to these Terms or the Service, even if advised of the possibility. Our total aggregate liability for all claims arising out of or related to these Terms or the Service will not exceed the fees you paid us in the twelve months before the event giving rise to the claim, or one hundred US dollars if you paid nothing.

These limits do not apply to liability that cannot be limited by law. Some jurisdictions do not allow certain exclusions; in those places the exclusions apply to the extent permitted.

12. Indemnification

You will defend, indemnify, and hold harmless Viva AI Assistant, its affiliates, and their officers, employees, and agents from and against any claims, damages, fines, costs, and expenses (including reasonable legal fees) arising out of or related to (a) Customer Content, (b) your websites and your visitors, including any failure to give the notices or obtain the consents required by law, (c) your reliance on or publication of Outputs, (d) your breach of these Terms, or (e) your violation of any law or of any third party’s rights. We may take over the defence of any claim at our expense, and you will cooperate.

13. Changes to the Service and to these Terms

We may change, add, or remove features at any time, including discontinuing the Service with reasonable notice. We may update these Terms by posting a new version on this page with a new effective date and version. For material changes we will also notify account holders by email or in the dashboard. Changes take effect on the date posted; continuing to use the Service after that date is acceptance of the updated Terms. If you do not agree, stop using the Service and cancel your plan before that date.

14. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, with exclusive venue in the state and federal courts located in Delaware, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Before filing a claim, each party will try to resolve the dispute informally by writing to the other and allowing 30 days for a response.

To the fullest extent permitted by law, you and we each waive any right to a jury trial and agree that disputes will be brought only in an individual capacity, not as a plaintiff or class member in any class, collective, or representative proceeding. Any claim must be filed within one year after it arose or it is permanently barred, where the law allows such a limit.

15. General

These Terms, the pricing page, and any order or reseller agreement you sign with us are the entire agreement about the Service and replace all prior discussions. If a provision is unenforceable, the rest stays in force. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them to an affiliate or a successor. Neither party is liable for delays caused by events beyond its reasonable control. Notices to us go to [email protected]; notices to you go to your account email. Nothing here creates a partnership, agency, or employment relationship.

16. Contact

Questions about these Terms: [email protected].