VIVIMEDIA CORP
SUBSCRIPTION & CREDITS TERMS
Last Modified: March 9, 2026
These Subscription & Credits Terms (these “Paid Terms”) govern your access to and use of the paid features of the ViviBook Platform, including subscription plans, ViviBook Credits, and any related paid services (collectively, the “Paid Services”), provided by ViviMedia Corp (“ViviMedia,” “we,” or “us”).
These Paid Terms are incorporated into and form part of ViviMedia’s Terms of Use (“Terms of Use”), available at [TERMS OF USE URL], which continue to apply in full to all users of the ViviBook Platform. In the event of any conflict between these Paid Terms and the Terms of Use with respect to Paid Services, these Paid Terms shall prevail.
By subscribing to a paid plan, purchasing ViviBook Credits, or otherwise accessing any Paid Services, you agree to be bound by these Paid Terms. If you do not agree, you must not access or use the Paid Services.
Definitions
Capitalized terms used but not defined in these Paid Terms have the meanings given to them in the Terms of Use. The following additional definitions apply:
“Billing Cycle” means the recurring period (monthly or annual, as selected at checkout) for which a Subscription Fee is charged.
“Credits” or “ViviBook Credits” has the meaning given to it in Section 3.
“Effective Date” means the date on which you complete your subscription purchase or first access any Paid Services, whichever is earlier.
“Free Trial” means a time-limited period during which certain Paid Services may be accessed at no charge, as described in Section 2(f).
“Paid Services” means the subscription plans, ViviBook Credits, and any associated premium features of the ViviBook Platform made available for a fee.
“Renewal Date” means the date on which a Subscription automatically renews at the end of each Billing Cycle.
“Subscription” means a recurring paid plan granting access to specified Paid Services during the applicable Billing Cycle.
“Subscription Fee” means the recurring fee charged for a Subscription, as set out on the Pricing Page.
“Pricing Page” means the pricing and plan information available at https://www.vivibook.ai/it/plan , as updated from time to time.
Subscription Plans
Available Plans
ViviMedia offers the following subscription tiers, the current features and pricing of which are set out on the Pricing Page: https://www.vivibook.ai/plan
Reader — read stories and access reading-oriented features
Creator — create stories and access creative generation features for personal use
Author — access publishing-oriented features and broader Output usage rights, subject to Section 6A (Output Ownership and Plan-Based Usage Rights)
ViviMedia reserves the right to introduce, modify, or discontinue subscription tiers at any time, subject to Section 2(g).
Subscription and Automatic Renewal
Subscriptions are sold on a recurring basis. By purchasing a Subscription, you authorise ViviMedia (or, for website purchases, Paddle as Merchant of Record, or the applicable App Store) to automatically charge the applicable Subscription Fee to your payment method at the start of each Billing Cycle, without further action by you, until your Subscription is cancelled in accordance with Section 2(c).
RECURRING BILLING DISCLOSURE: By starting a Subscription, you authorise recurring charges of the applicable Subscription Fee at the frequency you selected (monthly or annual) until you cancel. Charges continue automatically at each Renewal Date unless you cancel before that date. For website subscriptions, cancel through your account settings as described in Section 2(c). For App Store subscriptions, cancel through your App Store account. Where required by applicable law, you will receive advance notice before any price change takes effect.
You will receive a reminder notice before the first Renewal Date and, where required by applicable law, before each subsequent renewal. It is your responsibility to keep your payment information current and accurate.
Cancellation
You may cancel your Subscription at any time through your account settings or by contacting us at [email protected]. Cancellation takes effect at the end of the then-current Billing Cycle; you will retain access to the Paid Services until that date. No partial refunds are issued for unused time within a Billing Cycle, except as required by applicable law or as set out in Section 2(d).
Cancelling a Subscription does not delete your account or your Content on the ViviBook Platform. Your account will revert to the free tier upon cancellation.
Refund Policy
We offer a 14-day refund policy for first-time purchases. If you are not satisfied with the service, you may request a refund within 14 days of the initial purchase by contacting our support team.
Except for eligible first-time purchases refunded within the 14-day period described above, or as otherwise expressly stated in these Paid Terms or required by applicable law, all Subscription Fees are non-refundable. ViviMedia may, in its sole discretion, issue refunds or credits on a case-by-case basis. For website purchases, refunds are processed by Paddle as Merchant of Record; where a refund is approved, it will be processed by Paddle using the original payment method where reasonably possible. For App Store purchases, refund requests must be made through the relevant App Store.
EU, EEA and UK consumers have the right to withdraw from a distance contract within 14 days of purchase without giving any reason, subject to Section 5 (Right of Withdrawal EU, EEA and UK Consumers). Where you have requested that the Paid Services commence before the expiry of the withdrawal period, your right of withdrawal may be lost, or the refund amount may be reduced pro rata for the Paid Services already provided.
Free Tier
ViviMedia offers a free tier of the ViviBook Platform subject to usage limits, quotas, and feature restrictions as set out on the Pricing Page and in the Terms of Use. The free tier does not require payment and is governed exclusively by the Terms of Use. These Paid Terms apply only when you access Paid Services.
Free Trials
ViviMedia may, at its discretion, offer a Free Trial of certain Paid Services for a specified period. The following terms apply to Free Trials:
A valid payment method must be provided to activate a Free Trial.
Unless you cancel before the Free Trial ends, your Subscription will automatically commence and your payment method will be charged the applicable Subscription Fee at the end of the Free Trial period.
ViviMedia reserves the right to determine eligibility for Free Trials. Only one Free Trial per person, household, or account is permitted. ViviMedia may revoke a Free Trial at any time if it determines that eligibility criteria have not been met or that the offer is being abused.
Free Trials may not be combined with other promotional offers unless expressly stated.
Any books or other content generated during a Free Trial may become inaccessible at the end of the Free Trial period if you do not upgrade to a paid Subscription. ViviMedia may permanently delete Trial-generated content after a reasonable retention period following the end of the Free Trial. ViviMedia will use reasonable efforts to notify you before any such deletion. ViviMedia is not responsible for loss of Trial-generated content where you have chosen not to subscribe.
If you cancel a Free Trial during the Trial period, you will lose access to the Paid Services immediately and your account will revert to the free tier at that point. Any unused Free Trial period will be forfeited and no refund or credit will be issued.
Price and Feature Changes
ViviMedia reserves the right to change Subscription Fees or modify the features included in any subscription tier. We will provide you with advance notice of any price increase or material reduction in features no less than 30 days before the change takes effect, by email or in-platform notification. Any price increase will take effect no earlier than your next Renewal Date following the notice period. For annual Subscriptions, a material adverse reduction in core paid features that takes effect during a prepaid term entitles you to cancel and receive a pro-rata refund for the unused portion of that term. Pro-rata refunds are calculated on the basis of the number of days remaining in the prepaid term at the date of cancellation, relative to the total number of days in that term. For these purposes, “core paid features” means the principal features of your plan as described on the Pricing Page at the time of your original purchase, and excludes features designated as beta, experimental, preview, or early access.
If you do not cancel your Subscription before the change takes effect, your continued use of the Paid Services after the effective date will constitute your acceptance of the new pricing or features. If you do not accept the change, you may cancel your Subscription in accordance with Section 2(c), in which case you will not be charged at the new rate.
EU and UK consumers are entitled to cancel without penalty in the event of a price increase, in accordance with applicable mandatory consumer protection law.
Taxes
All Subscription Fees and Credits prices are exclusive of applicable taxes, levies, and duties, including VAT, GST, sales tax, or similar charges, unless otherwise stated at checkout. You are responsible for all such taxes applicable to your purchase. Where ViviMedia is required by law to collect taxes, the applicable tax amount will be added to your Subscription Fee and displayed at checkout.
For website purchases, applicable taxes are collected and remitted by Paddle as Merchant of Record. EU users: prices displayed at checkout will include applicable VAT where required by EU law.
Failed Payments
If a payment attempt fails, ViviMedia may limit, suspend, or downgrade access to Paid Services in accordance with the payment provider and subscription status updates received. For website purchases, failed-payment and past-due lifecycle handling is driven by Paddle billing events; if Paddle marks a subscription as cancelled or past due, ViviMedia may downgrade the account to the free tier and reset paid-plan usage counters. For App Store purchases, failed-payment handling follows the status information and lifecycle rules communicated by the relevant App Store. If a failed payment is subsequently cured or a subscription status reinstated by the relevant payment provider or App Store, ViviMedia will use reasonable efforts to restore the corresponding paid access promptly. ViviMedia is not liable for any loss of access to Paid Services resulting from a failed payment due to insufficient funds, expired cards, or other payment method issues attributable to you.
Chargebacks and Disputes
We encourage you to contact us at [email protected] before initiating a chargeback or payment dispute with your bank or card issuer, so that we can work to resolve the issue promptly. If a chargeback is initiated without prior contact, ViviMedia reserves the right to suspend access to the specific Paid Services that are the subject of the dispute pending resolution. Account-level suspension or termination will only occur where there is reasonable suspicion of fraud or systematic abuse. ViviMedia may contest any chargeback that it believes to be unwarranted.
To help us investigate a billing issue, please contact us at [email protected] within thirty (30) days of the date of the relevant charge, including your account details and a description of the issue. Contacting us promptly allows us to resolve most billing issues quickly. This period is provided to facilitate investigation and does not constitute a waiver of any legal rights you may have under applicable law. We will use reasonable efforts to resolve billing issues promptly.
Website Purchases — Paddle as Merchant of Record
For purchases made through the ViviBook website or web checkout, Paddle.com Market Ltd. (“Paddle”) acts as Merchant of Record and authorised reseller. This means that, for website purchases, your payment transaction is processed by Paddle, your invoice or receipt is issued by Paddle, and applicable transaction taxes are collected and remitted by Paddle where required by law.
When you make a website purchase, you enter into a binding purchase transaction with Paddle as Merchant of Record. ViviMedia remains responsible for provision and operation of the service, fulfilment of subscription entitlements, credits allocation, account access, and support for product-related issues. Website purchases are also subject to Paddle’s applicable buyer checkout terms, as presented in the checkout flow.
App Store Purchases
If you purchase a Subscription through Apple App Store, Google Play Store, or another third-party application platform (each, an “App Store”), the following additional terms apply:
Payment will be charged to your App Store account at the time of purchase and at each Renewal Date.
Subscription management and cancellation must be done through your App Store account settings, not through ViviMedia’s website or app directly.
The App Store’s refund policies apply to purchases made through that platform. ViviMedia has no control over and cannot process refunds for App Store purchases.
In the event of any conflict between these Paid Terms and the applicable App Store terms with respect to billing and payment, the App Store terms shall prevail solely with respect to the billing and payment of such purchases. All other aspects of your use of the Paid Services remain governed by these Paid Terms and the Terms of Use.
Free Trials offered through an App Store are subject to that App Store’s trial terms.
ViviBook Credits
Nature of ViviBook Credits
“ViviBook Credits” (“Credits”) are a virtual unit of exchange available on the ViviBook Platform that may be applied toward the use of certain features or services within the Platform as specified on the Pricing Page or in-platform documentation. Credits are not money, legal tender, currency, a financial instrument, a payment instrument, or a stored-value product, and have no monetary value outside the ViviBook Platform. Credits have no cash value and cannot be redeemed for cash or any other monetary consideration outside the ViviBook Platform. Credits confer only a limited contractual right to use them within the Platform in accordance with these Paid Terms, while they remain valid and your account remains active and in good standing. Credits are not gift cards, stored-value cards, or prepaid access cards. To the fullest extent permitted by applicable law, Credits are not subject to any unclaimed property, escheat, or abandoned property law or regulation.
Types of Credits
ViviMedia may issue Credits of the following types:
Welcome Credits: Credits granted to new users upon registration or account activation, subject to availability and ViviMedia’s discretion.
Promotional Credits: Credits granted as part of a promotion, campaign, discount, or special offer. Promotional Credits may be subject to additional conditions, including expiry dates, usage restrictions, and minimum spend requirements, as communicated at the time of issuance.
Purchased Credits: Credits acquired by direct payment through the Platform at the prices set out on the Pricing Page.
Referral Credits: Credits earned through the Referral Program described in Section 3(h). Monthly Plan Credits: Usage credits allocated to a subscriber at the start of each Billing Cycle as part of an active Subscription. Monthly Plan Credits refresh at the start of each Billing Cycle and unused Monthly Plan Credits do not roll over to the next cycle unless ViviMedia expressly states otherwise.
Purchase of Credits
Purchased Credits may be acquired through the Platform at the prices set out on the Pricing Page. All purchases of Credits are final and non-refundable, except as required by applicable law or as set out in Section 5 (Right of Withdrawal — EU, EEA and UK Consumers). Credits have no monetary value and cannot be exchanged for money or any other form of consideration.
Use and Consumption of Credits
Credits may be applied toward eligible features and services as described on the Pricing Page or in-platform documentation. ViviMedia reserves the right to modify which features and services are eligible for Credits, and the Credit cost of any feature or service, at any time with reasonable prior notice. Credits are consumed upon use and are not returned following use, even if the resulting Output does not meet your expectations. However, if a generation fails due to a verified platform-side technical error and no usable Output is delivered, ViviMedia may, in its reasonable discretion, restore the corresponding Credits or subscription entitlement.
Expiry of Credits
Credits are subject to the following expiry rules:
Welcome Credits expire 30 days from the date of issuance unless used earlier. Promotional Credits expire as specified at the time of issuance; if no expiry date is specified, Promotional Credits expire 12 months from the date of issuance. Monthly Plan Credits refresh as described in Section 3(b) above.
Purchased Credits do not expire while your account remains active and in good standing.
Referral Credits expire as specified in the Referral Program terms in Section 3(h).
Upon expiry, Credits are automatically cancelled and removed from your account balance without compensation. ViviMedia will use reasonable efforts to notify you before your Credits expire. You can check your current Credits balance, Credit types, and applicable expiry dates at any time by visiting your account page within the ViviBook Platform.
Priority of Use
Where a user holds both an active Subscription and Credits, the order of consumption shall be as follows unless otherwise specified by ViviMedia:
Welcome Credits are consumed first;
Monthly Plan Credits are consumed next;
Promotional Credits and Referral Credits are then consumed in order of earliest expiry date;
Purchased Credits are consumed last.
ViviMedia reserves the right to modify the order of priority with reasonable prior notice.
Non-Transferability; Non-Refundability
Credits are personal to you and may not be transferred, sold, gifted, or assigned to any other person or account, whether by operation of law or otherwise. Credits have no value outside the ViviBook Platform and cannot be redeemed for cash, products, or services outside the Platform. Except as required by applicable law, Credits are non-refundable in all circumstances, including upon cancellation or termination of your account.
Referral Program
ViviMedia may, at its discretion, operate a referral program (“Referral Program”) through which registered users may earn Referral Credits by inviting new users to register on the ViviBook Platform. The following rules apply:
Eligibility: Only registered users in good standing are eligible to participate in the Referral Program. ViviMedia may exclude users from the Referral Program at any time.
One Referral per New User: Referral Credits are earned only when a genuinely new user registers using your unique referral link or code and meets any additional conditions specified in the Referral Program terms (e.g., completing a qualifying action such as a first purchase).
No Self-Referrals: You may not refer yourself, create duplicate or fake accounts, or use any deceptive means to earn Referral Credits. Self-referrals and referrals to accounts associated with the same person, device, IP address, or payment method are prohibited.
No Fake Identities: You must not create false, fictitious, or duplicate accounts for the purpose of generating Referral Credits. Any Referral Credits earned through fake or duplicate accounts will be forfeited and the accounts involved may be suspended or permanently closed.
Referral Credits: Credits earned through the Referral Program are subject to the expiry and usage terms set out in Sections 3(e) and 3(d). Referral credits remain available while your account is active and in good standing, unless revoked under these Terms for abuse, fraud, or policy violations.
Modification and Termination: ViviMedia reserves the right to modify or terminate the Referral Program at any time with reasonable prior notice. Any Referral Credits already earned at the time of termination will be honoured subject to their applicable expiry dates.
Abuse: ViviMedia may, in its sole discretion, forfeit Referral Credits, suspend participation in the Referral Program, or terminate accounts where it reasonably suspects abuse, fraud, or manipulation of the Referral Program.
Modification of Credits
ViviMedia reserves the right to modify, suspend, or discontinue the Credits system at any time, including the value, cost, and availability of Credits and eligible features. Where ViviMedia discontinues the Credits system entirely, ViviMedia will provide reasonable advance notice and, where you hold unexpired Purchased Credits at the time of discontinuation, will use reasonable efforts to offer a fair alternative or compensation. Promotional and Referral Credits carry no such entitlement.
Revocation of Credits
ViviMedia may revoke Credits from your account, in whole or in part, if:
Your account is suspended or terminated for violation of the Terms of Use or these Paid Terms;
Credits were issued in error;
Credits were obtained through fraudulent, deceptive, or abusive means, including self-referrals or fake accounts;
ViviMedia determines that Credits have been used in violation of these Paid Terms.
Revocation of Credits does not entitle you to any refund or compensation.
General Payment Terms
All payments for Paid Services must be made using a valid payment method accepted by ViviMedia. By providing a payment method, you represent and warrant that you are authorized to use that payment method and that the billing information you provide is accurate and complete.
For website purchases, Paddle.com Market Ltd. acts as Merchant of Record and handles payment processing. By making a website purchase, you also agree to Paddle’s applicable buyer checkout terms as presented at checkout. ViviMedia does not store full payment card details. For App Store purchases, payments are processed by the relevant App Store.
For website purchases, the currency and amount charged are determined by Paddle as Merchant of Record and displayed at checkout based on your location. For App Store purchases, the currency is determined by the relevant App Store. Currency conversion fees, if any, are your responsibility.
Right of Withdrawal — EU, EEA and UK Consumers
If you are a consumer residing in the European Union, the European Economic Area, or the United Kingdom, you have the right to withdraw from a distance contract for the purchase of a Subscription or Credits within 14 calendar days of the date of purchase, without giving any reason (“Withdrawal Period”).
Commencement of Paid Services Before End of Withdrawal Period
By purchasing a Subscription or Credits and requesting that the Paid Services commence immediately (i.e., before the expiry of the 14-day Withdrawal Period), you expressly request early commencement of the Paid Services and acknowledge that:
For Subscriptions: your right of withdrawal will not be lost, but if you exercise it, ViviMedia will deduct from the refund an amount proportionate to the Paid Services provided up to the date you communicate your withdrawal, relative to the full duration of the Subscription period purchased.
For Credits: if Credits have been fully used before the expiry of the Withdrawal Period, your right of withdrawal with respect to those Credits is lost, as the service has been fully performed. If Credits have been only partially used, your right of withdrawal is not lost, but ViviMedia will deduct from any refund the value of the Credits already consumed, calculated at the per-Credit price paid.
How to Exercise the Right of Withdrawal
To exercise your right of withdrawal, you must inform ViviMedia of your decision by an unequivocal statement (e.g., by email to [email protected]) before the Withdrawal Period expires. You may use the model withdrawal form below, but it is not obligatory.
MODEL WITHDRAWAL FORM
To: ViviMedia Corp, 732 S 6TH ST #4624, Las Vegas, NV 89101, USA, [email protected] I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*): Ordered on (*)/received on (*): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper): Date: (*) Delete as appropriate.
Refund Following Withdrawal
If you validly exercise your right of withdrawal, ViviMedia will reimburse all payments received from you (subject to any pro-rata deduction for Paid Services already provided) without undue delay and in any event no later than 14 calendar days from the date on which ViviMedia is informed of your decision to withdraw. Reimbursement will be made using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of such reimbursement.
AI Output; Quality; User Responsibility (Paid Services)
The Paid Services may enable you to generate or access AI-generated content, including personalised stories, books, text, titles, cover elements, synopses, variations, or other outputs (the “Output”). Output is generated automatically by artificial intelligence and may be inaccurate, incomplete, offensive, or not meet your expectations.
You are responsible for reviewing Output for accuracy, suitability, and legal compliance before using, sharing, publishing, or relying on it. ViviMedia does not guarantee the quality, uniqueness, or fitness of Output for any purpose.
AI transparency. The Terms of Use include restrictions relating to the labelling and presentation of AI-generated content (including prohibitions on misrepresenting Output as human-authored where applicable). Those restrictions apply to Output generated through Paid Services and are incorporated here by reference. The Terms of Use also contain restrictions on the submission of sensitive personal data, data relating to minors, and third-party confidential information as inputs to the Platform. Those restrictions apply equally to inputs submitted through Paid Services and are incorporated here by reference.
EU AI Act — technical transparency measures. To comply with applicable regulatory transparency obligations, including those under the EU AI Act, ViviMedia reserves the right to automatically embed machine-readable markers, watermarks, or labels into Output to identify its synthetic origin. You agree not to remove, obscure, alter, or circumvent these technical transparency measures.
Use of Service Data; AI Improvement
Service Data. ViviMedia uses the content you provide as inputs to the ViviBook Platform (including names, descriptions, preferences, and other personalisation data) and the AI-generated Output produced from those inputs (together, “Service Data”) to provide, maintain, secure, and support the Paid Services, including generating Output and performing quality, safety, and abuse monitoring.
Third-party AI providers and sub-processors. The Paid Services use third-party artificial intelligence and cloud providers acting on ViviMedia’s behalf (including to process inputs and generate Output). Those providers process Service Data solely to provide services to ViviMedia, subject to contractual and technical safeguards. If any third-party provider is permitted under ViviMedia’s applicable contract with that provider to use data to improve its own models or services, ViviMedia will describe that in its Privacy Policy and, where required by applicable law, provide an appropriate choice or obtain consent.
Lawful basis (EU/EEA/UK users). Where the GDPR or UK GDPR applies, ViviMedia processes Service Data to provide the Paid Services on the basis of performance of a contract and, where applicable, legitimate interests (for example, service security, fraud prevention, debugging, and quality assurance). Further information on lawful bases, data categories, and retention is set out in the Privacy Policy.
No sale; service providers. ViviMedia will not sell Service Data. ViviMedia may share Service Data with its service providers, sub-processors, and infrastructure partners solely to provide, secure, and support the Paid Services, subject to appropriate contractual and data protection safeguards. For further information on how ViviMedia processes personal data, including the identity of sub-processors, please refer to the Privacy Policy.
Sensitive data. Do not submit any (a) special category or sensitive personal data (such as government identifiers, health or biometric data, precise geolocation, or information revealing racial or ethnic origin, religious or philosophical beliefs, trade union membership, sex life, or sexual orientation), (b) information about children, or (c) other information you are not authorised to provide or do not want used to provide the Paid Services, unless ViviMedia expressly requests it and provides specific notice and obtains any required consent. See also Section 18 (Sensitive Data and Minors) of the Terms of Use, which are expressly incorporated here.
Output Ownership and Plan-Based Usage Rights
Rights in Output are allocated by reference to the plan active at the time the relevant Output is generated, subject always to ViviMedia’s underlying rights to host, process, operate, improve, secure, and provide the service.
Reader and Creator Plans
For Output generated or accessed under the Reader and Creator plans, the user receives a personal, non-exclusive, revocable, non-transferable licence to access, view, and use the Output for personal and internal non-commercial purposes, subject to these Paid Terms and any in-product limitations.
Author Plan
For Output generated under the Author plan, ViviMedia grants the user a broader non-exclusive licence to download, adapt, format, reproduce, distribute, display, and publish the Output on third-party channels, including self-publishing marketplaces, subject to these Paid Terms. The user may retain revenues derived from their authorised exploitation of Author-plan Output on third-party channels.
ViviMedia retains the rights reasonably necessary to host, display, reproduce, adapt, moderate, secure, improve, and continue providing the service, and to evidence or enforce compliance with these Paid Terms. Unless ViviMedia expressly agrees otherwise in writing, no plan transfers exclusive ownership of ViviMedia’s platform technology, models, templates, user interface, trade names, prompts architecture, generation systems, or service know-how.
No Guarantee of Copyright Position
The licence grants above are made without warranty as to third-party rights. ViviMedia does not guarantee that any Output will qualify for copyright protection in any jurisdiction or that no third party will assert competing rights or similar content claims. You assume the publishing and rights-clearance risk associated with your use of Output.
Monitoring, Enforcement, and Suspension
In addition to the rights set out in Section 18 of the Terms of Use, ViviMedia reserves the right to take any of the following actions if it determines, in its reasonable discretion, that you have violated these Paid Terms, including any provision relating to Subscriptions, Credits, or the Referral Program:
Suspend your access to Paid Services, in whole or in part, pending investigation;
Permanently terminate your access to Paid Services;
Reset, forfeit, or cancel your Credits balance, in whole or in part;
Cancel your Subscription without refund (subject to applicable mandatory consumer protection law);
Suspend or permanently close your ViviBook account.
Where ViviMedia takes any of the above actions due to a breach of these Paid Terms attributable to you, no refund of Subscription Fees or Credits will be due, except as required by applicable mandatory law. ViviMedia will notify you of any such action and, where required by applicable law, provide you with an opportunity to remedy the breach before action is taken.
Governing Law and EU/UK Consumer Rights
These Paid Terms are governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles, consistent with the Terms of Use.
Notwithstanding the foregoing, if you are a consumer residing in the European Union or the United Kingdom, nothing in these Paid Terms limits or excludes any rights you are entitled to under the mandatory consumer protection laws of your country of residence, including but not limited to:
Rights under the EU Consumer Rights Directive (2011/83/EU) and any national implementing legislation, including the right of withdrawal described in Section 5;
Rights against unfair contract terms under EU Directive 93/13/EEC;
Any other mandatory rights under the laws of your country of residence that cannot be waived by contract.
To the extent that any provision of these Paid Terms conflicts with mandatory EU or national consumer protection law applicable to you, the applicable mandatory law shall prevail.
For EU and UK consumers, any dispute relating to these Paid Terms may also be submitted to the courts of your country of residence, regardless of any other jurisdiction clause. EU and UK consumers may also seek assistance from the competent consumer dispute resolution body in their country of residence.
Disclaimer and Limitation of Liability
THE PAID SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VIVIMEDIA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PAID SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VIVIMEDIA'S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE PAID TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO VIVIMEDIA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $50.
NOTHING IN THESE PAID TERMS LIMITS OR EXCLUDES VIVIMEDIA'S LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY VIVIMEDIA'S NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) VIVIMEDIA'S WILLFUL MISCONDUCT; OR (IV) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. FOR EU AND UK CONSUMERS, THIS SECTION DOES NOT AFFECT ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED.
Changes to These Paid Terms
ViviMedia reserves the right to modify these Paid Terms at any time. We will notify you of any material changes by email or in-platform notification no less than [30] days before the changes take effect. Your continued use of the Paid Services after the effective date of the modified Paid Terms constitutes your acceptance of the changes.
If you do not accept the modified Paid Terms, you may cancel your Subscription in accordance with Section 2(c) before the changes take effect. EU and UK consumers are entitled to cancel without penalty in the event of material changes that are to their detriment.
Miscellaneous
Entire Agreement
These Paid Terms, together with the Terms of Use and Privacy Policy, constitute the entire agreement between you and ViviMedia with respect to the Paid Services and supersede all prior understandings relating to the same subject matter.
Severability
If any provision of these Paid Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
No Waiver
ViviMedia’s failure to enforce any provision of these Paid Terms shall not constitute a waiver of its right to enforce such provision in the future.
Assignment.
You may not assign or transfer any rights or obligations under these Paid Terms without ViviMedia’s prior written consent. ViviMedia may assign, transfer, or novate these Paid Terms, in whole or in part, in connection with a corporate reorganisation, financing, merger, sale of assets, or business transfer, without restriction.
Contact. For questions about these Paid Terms, Subscriptions, or Credits, please contact us at [email protected] or 732 S 6TH ST #4624, Las Vegas, NV 89101, USA.
ViviMedia Corp
732 S 6TH ST #4624, Las Vegas, NV 89101, USA
https://www.vivibook.ai
Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.
Agreement to Arbitrate
Any dispute or claim arising out of or relating to these Paid Terms, the Paid Services, or any transaction between you and ViviMedia in connection with the Paid Services is subject to the dispute resolution provisions of the Terms of Use, including the agreement to arbitrate and the class-action waiver set out in Sections 28 and 29 of the Terms of Use (“Dispute Resolution Provisions”), which are incorporated into these Paid Terms by reference. The Dispute Resolution Provisions govern all disputes relating to the Paid Services and form part of the agreement between you and ViviMedia.
Key Terms of the Dispute Resolution Provisions
The following summarises the key operative terms of the Dispute Resolution Provisions as they apply to disputes relating to these Paid Terms. The full text is set out in Sections 28 and 29 of the Terms of Use, available at https://www.vivibook.ai/en/terms .
U.S. Users: Disputes will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Neither party may bring claims as a plaintiff or class member in any class or representative action. Either party may bring an individual claim in small-claims court if the claim qualifies. The arbitration is governed by the Federal Arbitration Act.
Users Outside the U.S. (excluding EU/UK Consumers): Disputes will be resolved by final and binding individual arbitration under the LCIA Arbitration Rules, with the seat of arbitration in London, England. Neither party may bring claims as part of any class or representative proceeding. The arbitration clause is governed by the laws of England and Wales.
EU and UK Consumers: The arbitration clauses do not apply to you to the extent prohibited by mandatory local law. You may bring disputes in the courts of your country of residence. Your mandatory consumer protection rights are not affected by these Paid Terms.
Pre-Arbitration Notice
Before commencing arbitration, you must first send ViviMedia a written Notice of Dispute describing the nature and basis of your claim and the relief sought. ViviMedia will attempt to resolve the dispute informally within 60 days of receipt. If unresolved, either party may commence arbitration in accordance with the applicable rules. Full details of the pre-arbitration notice procedure are set out in Section 28.3 of the Terms of Use.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE PAID TERMS OR THE PAID SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, TO THE EXTENT PERMITTED BY APPLICABLE LAW. This limitation applies in addition to any other limitation period that may apply under the Terms of Use. For EU and UK consumers, this limitation does not affect any mandatory statutory limitation periods that cannot be waived under applicable law.
Force Majeure
ViviMedia will not be liable or responsible for any failure or delay in performing its obligations under these Paid Terms where such failure or delay results from any cause beyond our reasonable control, including without limitation acts of God, fire, flood, earthquake, storm, pandemic or epidemic, war, invasion, terrorism, civil unrest, government action, industrial dispute, labor conditions, power failure, failure of the internet or third-party telecommunications infrastructure, failures in third-party hosting or cloud services, or denial-of-service attacks. If any such event occurs, ViviMedia will promptly notify affected users where practicable and will take reasonable steps to resume or restore the Paid Services as soon as practicable. Where a force majeure event continues for more than 30 days, you may cancel your Subscription in accordance with Section 2(c) and receive a pro-rata refund for any prepaid Subscription period during which the Paid Services were materially unavailable.