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 Global LLC ("Viva", "we", "us", or "our"), the operator of the Viva platform at goviva.ai.

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 Chat: 24/7 AI-powered chat widget for your website that answers customer questions, captures leads, and books appointments
• AI Phone: AI voice assistant that answers calls, handles common inquiries, and routes complex calls to you
• AI SMS: Automated text messaging for appointment reminders, follow-ups, and two-way customer conversations
• AI Email: AI-assisted email drafting, automated responses, and inbox management
• Lead Management: Capture, qualify, and manage leads from all channels in one dashboard
• Appointment Scheduling: AI-powered booking with calendar integration (Google Calendar, Outlook)
• Growth Tools: AI-powered advertising and marketing with attribution tracking
• Community Experiences: Event passports, local discovery, and community engagement programs
• Chamber Partnerships: Tools for chambers of commerce to support member businesses
• Business Dashboard: Unified management tools for all customer interactions

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-Powered Services

3a. AI Chat, Phone, SMS, and Email

Our AI-powered features use artificial intelligence across multiple communication channels. You understand and agree that:

• AI Chat engages website visitors in real-time conversations on your behalf
• AI Phone answers calls and handles customer inquiries using voice AI
• AI SMS sends and responds to text messages automatically
• AI Email drafts and sends responses based on your business context
• AI-generated content may contain errors or inaccuracies
• You should monitor AI conversations and can intervene at any time
• All customer communications sent through our platform are ultimately your responsibility

3b. AI Phone Number Assignment

When using AI Phone or AI SMS features:

• We may assign you a dedicated phone number for AI communications
• This number is owned by Viva and provisioned for your use during your subscription
• Calls and texts to this number are handled by our AI system
• Number portability is not guaranteed upon service termination

3c. Compliance Responsibility

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

• CAN-SPAM Act and email marketing regulations
• TCPA and telephone/SMS communication laws
• FCC regulations for automated calling and robocalls
• State call-recording and wiretapping laws, including "two-party" / "all-party" consent statutes such as the California Invasion of Privacy Act (CIPA)
• Laws requiring disclosure that a person is communicating with an automated system, including California's Bot Disclosure Law (Cal. Bus. & Prof. Code § 17941) and similar state laws
• GDPR, CCPA, and other data protection regulations
• Industry-specific regulations (HIPAA, financial services, etc.)
• Obtaining necessary consents before contacting individuals
• Disclosing AI use when required by applicable laws

3d. Third-Party Integrations

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

• 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

3e. Call Recording, Monitoring, and AI Disclosure

Because you direct how the Service communicates with your customers, you acknowledge and agree that:

• Many U.S. states require the consent of one or all parties before a call may be recorded or monitored. In "two-party" / "all-party" consent states (including California under CIPA), you are responsible for providing a recording disclosure and obtaining the required consent before any call is recorded or transcribed.
• Certain laws require you to disclose when a customer is communicating with an artificial intelligence agent rather than a human. You are responsible for making any such disclosure where required.
• You will configure greetings, scripts, and disclosures so that recording, monitoring, and AI-interaction notices are presented to your customers where required.
• You are solely responsible for determining which laws apply to your business, your customers, and the jurisdictions in which they are located.

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. Services Provided by Independent Coaches & Experts

6a. Role of Viva

Viva is a technology platform that enables independent coaches, experts, and advisors ("Service Providers") to offer bookings, subscriptions, and digital services to customers.

Viva does not provide coaching, advisory, or expert services and is not a party to the agreement between you and a Service Provider.

6b. Merchant of Record

Each Service Provider is the merchant of record for the services they offer through Viva. When you purchase a booking or subscription, you are entering into a direct agreement with the Service Provider identified at checkout.

6c. Payments

Payments for services are processed by Stripe on behalf of the Service Provider. Viva may facilitate billing, subscription management, cancellations, and refunds as a technical service, but does not sell the underlying services.

6d. Refunds, Cancellations, and Disputes

Refunds, cancellations, and disputes are governed by the Service Provider's policies. Viva may process refunds or cancellations at the direction of the Service Provider, but the Service Provider remains solely responsible for the services provided and any related obligations.

6e. Service Availability & Outcomes

Viva does not guarantee any specific outcomes from services offered by Service Providers. Any advice, guidance, or services provided are the sole responsibility of the Service Provider.

7. Service Provider Terms

9a. Merchant of Record Status

By offering services through Viva, you acknowledge and agree that you are the merchant of record for all services you provide. You are solely responsible for:

• The services you offer, including pricing and descriptions
• Refund, cancellation, and dispute policies
• Compliance with applicable laws and regulations
• Tax obligations including sales tax, VAT, and income reporting

9b. Payments & Fees

Viva facilitates payments on your behalf using Stripe Connect. Customers pay you directly through your connected Stripe account. Viva deducts a tiered platform fee from payments collected before payout to your account: Starter plan (10%), Growing plan (5%), or Pro plan (0%). Standard payment processing fees (~2.9% + 30 cents) apply to all transactions regardless of plan.

9c. Refunds & Disputes

You authorize Viva to initiate refunds, cancellations, and dispute responses on your behalf when requested by a customer or required by payment processors. You remain financially responsible for all refunds, chargebacks, disputes, and related fees.

7d. Taxes

You are responsible for determining, collecting, reporting, and remitting any applicable sales tax, VAT, GST, or other taxes associated with your services. Viva does not provide tax advice and does not file tax returns on your behalf. Viva will provide transaction reports to assist with your tax obligations.

7e. Platform Role Limitation

Viva provides technology, automation, and payment facilitation services only and does not control or direct how you deliver your services.

8. 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
• Resell, redistribute, sublicense, or otherwise make the Service or its outputs available to any third party, except as expressly permitted in these Terms

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.

8d. Fair Use and Usage Limits

The Service is provided for your own business use, subject to the limits of your plan. To keep the Service reliable for all customers, you agree that:

• Your plan may include usage limits — for example, the number of AI minutes, messages, conversations, credits, contacts, or reveals included each billing period. Current limits are described on our pricing page or at signup and may be updated from time to time.
• We may apply reasonable rate limits, and may throttle, suspend, or require an upgrade if your usage materially exceeds your plan, is excessive or unreasonable, or could degrade the Service for others.
• You may not circumvent usage limits, share a single account across multiple businesses to avoid fees, or use automated means to access the Service beyond the functionality we provide.

8e. Prospecting Data and Revealed Business Information

With respect to Prospecting Data, you agree that you will not:

• Resell, sublicense, rent, redistribute, or otherwise make Prospecting Data available to any third party;
• Use Prospecting Data to build, train, enrich, or supplement a competing database, list-broker product, or data-resale service;
• Use Prospecting Data to contact individuals or businesses without the consents and disclosures required by law (including those referenced in Section 3); or
• Remove, obscure, or misrepresent the source or licensing of the data.

Prospecting Data is provided on an "as is" basis and may be incomplete or inaccurate; you are responsible for verifying it and for your use of it. Credits used to reveal Prospecting Data are consumed when the reveal occurs and are non-refundable except as described in Section 9.

9. Fees and Payment

9a. 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.

9b. Chamber Member Rates

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

9c. Payment Processing

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

9d. Subscriptions and Automatic Renewal

For paid subscriptions:

• Billing cycle: You select a billing period at checkout (for example, monthly or annual). Each period renews automatically at the end of the period.
• Authorization: By subscribing, you authorize Viva and our payment processor (Stripe) to charge your payment method the recurring subscription fee, plus any applicable taxes, at the start of each billing period until you cancel.
• Receipts: We provide an email receipt for each successful charge.
• Payment details: You can update your payment method at any time in your account billing settings.

9e. Free Trials

We may offer free or discounted trials. Unless you cancel before the trial ends, your subscription will automatically convert to a paid subscription and your payment method will be charged at the then-current rate. We may limit eligibility for trials (for example, to one trial per business) and may modify or withdraw a trial offer at any time.

9f. Cancellation

You may cancel a paid subscription at any time through your account billing settings, or by contacting us at [email protected]. When you cancel:

• Cancellation takes effect at the end of your current billing period;
• You retain access to paid features until the end of that period; and
• You will not be charged for any subsequent period unless you re-subscribe.

9g. Refunds

Except where required by applicable law, fees are non-refundable, and there are no refunds or credits for partial billing periods, unused time, or credits or usage already consumed. We may, in our discretion, provide a refund or credit in individual cases. This Section 9g governs your Viva subscription; refunds for services purchased from independent Service Providers are governed by Sections 6 and 7.

9h. Price Changes

We may change subscription pricing. We will provide at least 30 days' advance notice of a price increase that affects your renewal, and the new price will apply to your next billing period after the notice. If you do not agree to a price change, you may cancel before it takes effect.

10. Intellectual Property Rights

16a. 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.

16b. 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

10c. 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.

11. 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

12. Disclaimers and Limitations

16a. 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

16b. 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

13. 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

14. Termination

16a. Termination by You

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

16b. 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.

16c. 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

15. Dispute Resolution

15a. Informal Resolution

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

15b. Governing Law

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

15c. 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.

16. General Provisions

16a. Entire Agreement

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

16b. Severability

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

16c. Assignment

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

16d. 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.