Terms of Service

Last updated: June 1, 2023

Introduction

These Terms of Service ("Terms") govern your access to and use of the ViVV Labs website, products, and services (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Use of Services

Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet all eligibility requirements.

Account Registration

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Prohibited Activities

You agree not to:

• Use our Services in any way that violates any applicable law or regulation
• Impersonate any person or entity or misrepresent your affiliation with a person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose
• Introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material
• Attempt to reverse engineer any portion of the Services

Intellectual Property Rights

Our Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ViVV Labs, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in the Services or any content, features, or functionality of the Services.

Your Content

You retain all rights in, and are solely responsible for, the content you post, upload, submit, or otherwise make available through the Services ("Your Content").

By posting Your Content on or through the Services, you grant us a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purposes of providing and improving the Services.

Subscriptions and Payments

Fees and Payment

Access to certain features of our Services may require payment of fees. All fees are in U.S. dollars and are non-refundable unless otherwise specified.

By providing a payment method, you authorize us to charge your payment method for all fees incurred by your account.

Subscription Terms

Some of our Services are offered on a subscription basis. By subscribing to our Services, you agree to the following terms:

• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
• Payment will be charged to your payment method at confirmation of purchase
• You can manage your subscriptions and turn off auto-renewal by accessing your account settings

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIVV LABS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless ViVV Labs, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule.

Changes to Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

Contact Us

If you have any questions about these Terms, please contact us at:

ViVV Labs
Email: legal@vivvlabs.com
Address: 123 Marketing Ave, New York, NY 10001