VIVI Terms and Conditions

1. “VIVI” refers to the multi-channel Voice, SMS, WhatsApp and social media support and marketing software and associated services provided by the Provider.

2. “User” refers to any individual or entity accessing or using VIVI.

3. “Recipient” refers to the individuals who receive messages sent through VIVI.

1. Users must comply with all applicable laws and regulations, including but not limited to the CTIA (Cellular Telecommunications Industry Association) guidelines and the TCPA (Telephone Consumer Protection Act), FDCPA (Fair Debt Collection Practices Act), and any specific regulations governing political campaigns, in their use of VIVI.

2. Users must obtain proper consent from Recipients before sending messages through VIVI. Consent must be obtained in accordance with the applicable legal requirements, including opt-in requirements and providing clear instructions on how to opt-out.

3. Users are responsible for maintaining accurate records of consents obtained and opt-out requests received.

1. Users shall not use VIVI for any illegal, unethical, or unauthorized purposes.

2. Users shall not engage in spamming, unsolicited messaging, or sending messages to Recipients who have not provided proper consent.

3. Users shall not use VIVI to send messages containing fraudulent, deceptive, or misleading content.

4. Users shall not use VIVI to send messages that infringe upon the intellectual property rights or privacy rights of others.

1. Users are solely responsible for the content of the messages sent through VIVI and for ensuring compliance with all applicable laws and regulations.

2. Users shall not transmit any viruses, malware, or other malicious code through VIVI.

3. Users shall promptly respond to any inquiries or complaints from Recipients or regulatory authorities related to their use of VIVI.

1. The Provider shall not be liable for any damages, including but not limited to direct, indirect, incidental, or consequential damages, arising out of or in connection with the use of VIVI.

2. The Provider shall not be responsible for the accuracy, reliability, or completeness of any information or content transmitted through VIVI.

We reserve the right to immediately suspend your access to the Platform or provision of our Services if your payment method on file is declined or you have undisputed amounts more than ten (7) business days past due. We also reserve the right to suspend your access to the Platform or provision of the Services if we reasonably determine that you or any Authorized Users (defined below):

1. Use of VIVI disrupts or poses a security risk to VIVI, may harm our systems or may subject us or any third-party to liability.

2. Using VIVI (including our Services) for fraudulent or illegal activities.

3. Using the Platform (including our Services) in breach of these Terms.

Upon receipt of notice of termination, you will cease using and accessing the Platform, the Services and any licenses granted under these Terms will immediately terminate.

1. The Provider may modify or update this Agreement from time to time by posting the revised version on VIVI. Users are encouraged to review the Agreement periodically.

2. Continued use of VIVI after the posting of any modifications constitutes acceptance of the revised Agreement.

1. This Agreement shall be governed by and construed in accordance with the laws of the state of Virginia, USA.

2. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Virginia, in accordance with the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the Commonwealth of Virginia, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.