Terms of Service

Effective as from 10 August 2013.

1. Acceptance of the Terms of Service

Welcome to ViviMi App (a.k.a. "we" or "us" or the "Company"). The following terms and conditions (collectively, these "Terms of Service") apply to your use of ViviMi App including any content, functionality and services offered on or via ViviMi App website or app (the “Services”). The Terms of Service also include our Privacy Policy, that you can review here: vivimiapp.com/privacy.html. We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using ViviMi App, because by using the Services you accept and agree to be bound and abide by these Terms of Service. Should you disagree with any of the provisions herein, you must leave the Services, but please let us know at support@vivimiapp.com. We'll be happy to hear your comments and suggestions.

2. Changes to the Terms of Service and the Services

ViviMi App reserves the right to update the Services and these Terms of Service from time to time, at our discretion and without notice. Nevertheless, this document is public on ViviMi App, and you will be able to track the changes for any new version. Your continued use of the Services following the publishing of updated Terms of Service means that you accept and agree to the changes.

3. Accessing the Services: Security and Privacy

We're working hard on improving ViviMi App, but we can't guarantee that the Services will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period, nor for any data loss. To access certain features of the Services you have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend to choose a strong password (e.g. "itslongWITHCAPSand99numbers!!") and you logout from your account at the end of every session. It is a condition of your use of the service that all the information you provide on the Services is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites and apps, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service. We use a SSL encrypted connection for all the operations involving the exchange of user data between the user and the Services, but we cannot guarantee that all use will be secure. We also do not guarantee that the Services or any content provided on the Services is error free. We manage your personal data according to our Privacy Policy, that you can review in detail here: vivimiapp.com/privacy.html.

4. Disclaimer of Warranties, Limitations of Liability and Indemnification.

Your use of ViviMi App is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Services, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, non-transferable license to use the Services. Because the Services are not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.

5. Term and termination

This Agreement will become effective in relation to you when you create a ViviMi App account or when you start using the Services and will remain effective until terminated by you or ViviMi App. ViviMi App reserves the right to terminate this Agreement or suspend your account at any time in case of unauthorized, or suspected unauthorized use of the Services whether in contravention of this Agreement or otherwise. If ViviMi App terminates this Agreement, or suspends your account for any of the reasons set out in this section, ViviMi App shall have no liability or responsibility to you.

6. Intellectual property

ViviMi App respects intellectual property rights, and expects you to do the same. The Services and the content provided through the Services is the property of ViviMi App or ViviMi App's licensors and protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the Services (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party's intellectual property rights in using the Services. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Services.

7. Copyright infringement and take down

If you are a copyright holder who believes that any of the products, services or content which are directly available via the ViviMi App Services are infringing copies of your work, please let us know. A notice of alleged copyright infringement should be sent to ViviMi App's designated copyright agent at the following email address: it@vivimiapp.com. A notification of claimed copyright infringement must be addressed to ViviMi App's copyright agent listed above and include the following: A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; Specific identification of each copyrighted work claimed to have been infringed; A description of where the material believed to be infringed is located on ViviMi App Services (please be as detailed as possible and provide a URL or screenshots to help us locate the material you are reporting); Contact information for the complaining party, such as a complete name, address, telephone number, and email address; A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8. Technology limitations and modifications

ViviMi App will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. ViviMi App reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Services with or without notice.

9. Assignment

ViviMi App may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.

10. Entire agreement

This Agreement together with the ViviMi App Privacy Policy (the Agreements) constitutes all the terms and conditions agreed upon between you and ViviMi App and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to ViviMi App are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by ViviMi App not contained in this Agreement.

11. Severability

Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.

12. Mandatory arbitration; exceptions to mandatory arbitration, waiver of class action rights; limitations period; venue and choice of law

13. License Agreement for the App

This Agreement is a legal agreement between the person, company or organization ("You") that has licensed a software product ("Product") and ViviMi App ("Licensor" or "Application Provider"). The Product is to be obtained only through Apple's software distribution platform ("AppStore"). The "AppStore" is referred to in this license as "Services". By installing and/or using any Product provided by the Licensor, You are confirming your acceptance of this agreement and you are agreeing to become bound by the terms of this agreement. This Agreement shall apply only to a Product supplied by the Licensor herewith regardless of whether other software or platform is referred to or described herein. The Products transacted through the Services are licensed, not sold, to You for use only under the terms of this license. The Application Provider reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.” The Licensed Application is to be used on devices that operate with Apple's operating systems ("iOS") and the aforementioned devices are referenced in this license as "Devices". The App Store Terms and Conditions are referenced in this license as "Usage Rules".

14. English version prevails

In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.