VIVIMEDIA CORP 

TERMS OF USE

Last Modified: March 09, 2026

Acceptance of the Terms of Use

These terms of use are entered into by and between you and ViviMedia Corp ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the ViviBook Platform and related services, including our website located at https://www.vivibook.ai (the "Website"), any associated mobile applications, and any content, functionality, tools, technologies and services offered through them (collectively, the “Service”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Service. By using the Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.vivibook.ai/en/privacy , incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access the Website or use the Service. 

The Service is offered and available to users who are 18 years of age or older. By using the Service, you represent and warrant that you are of legal age to form a binding contract with ViviMedia and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access the Website or use the Service.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. Minor changes (such as corrections, clarifications, or updates that do not materially affect your rights or obligations) are effective immediately upon posting. Material changes (including changes that affect your rights, introduce new obligations, or alter the scope of permitted use) will be notified to you at least thirty (30) days before they take effect, by email to the address associated with your account or by a prominent notice within the Service. All changes apply to all access to and use of the Website and the Service from the date they take effect.

Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you do not agree to abide by these or any future Terms of Use, you will not access, browse, or use (or continue to access, browse, or use) the Website or the Service.

Notice of Mandatory Arbitration and Class-Action Waiver

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST VIVIMEDIA ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. 

Service Description

The Service enables users to create personalized digital books and dynamic textual content through artificial intelligence. Users may submit text-based instructions, queries, or prompts to the Service (“Inputs”), and the Service processes these Inputs to generate digital books, stories, text, titles, cover elements, synopses, variations, and related content (“Output”). Inputs are limited to text-only inputs entered into the Service’s request fields; the Service does not permit the upload or posting of images, audio, video, documents, or any non-text materials as Inputs, except for profile images submitted solely for account personalization. Together, Inputs and Outputs are referred to as “Content.”

The Service includes:

• AI-Powered Content Generation: Automated creation of personalized digital books based on user-provided queries and prompts.
• Digital Publishing Environment: A secure, proprietary platform where generated books remain hosted and accessible for reading by the user and other members of the ViviBook Community.
• Content Sharing: Users may view and share their generated books within the ViviBook ecosystem, subject to Community guidelines.

The Service does not permit downloading, exporting, marketing, selling, or distributing generated books outside the Service, except as expressly permitted for subscribers on plans that include such rights under the Subscription & Credits Terms. For all other users, all Content remains within the ViviBook Platform and is intended solely for personal use and Community engagement.

Certain features of the Service are available on a paid basis, including subscription plans and ViviBook Credits. Access to paid features is subject to the Subscription & Credits Terms, available at https://www.vivibook.ai/en/sales-terms, which are incorporated herein by reference and supplement these Terms of Use with respect to paid features.

Use of Artificial Intelligence

The Service uses artificial intelligence technologies, including large language models, natural-language processing systems, statistical algorithms, and other machine-learning or AI-powered components (collectively, the “AI Features”). By using the Service, you understand and agree that the AI Features process your Inputs to generate Output, and that such processing may involve automated analysis, transformation, interpretation, or model-driven generation using ViviMedia’s systems and certain third-party AI providers that support the Service.

• AI Processing of Inputs. Inputs you submit to the Service are processed by the AI Features to generate Output. Inputs may be transmitted to and processed by third-party AI providers solely to enable the functioning of the Service.
• Probabilistic Nature of Output.  Output generated by the AI Features is probabilistic and may be inaccurate, incomplete, inappropriate, unreliable, or inconsistent with your expectations. Output may include factual errors, hallucinated details, or content unsuitable for your intended use.
• User Responsibility for Verification. You are solely responsible for reviewing, evaluating, validating, and verifying all Output before using or relying on it. All decisions or actions taken based on Output are taken entirely at your own risk.
• No Warranties on Output or AI Features.  All Output and all AI Features are provided “as is” and “with all faults,” without any warranty of any kind. ViviMedia makes no representations or warranties regarding the accuracy, completeness, truthfulness, legality, reliability, or suitability of any Output for any purpose.
• No Liability for Output.  ViviMedia shall have no responsibility or liability arising from your use of, reliance on, or decisions made based on any Output or the operation of the AI Features.
• Similarity of Output.  Because many users may submit similar or identical Inputs, the AI Features may generate Output that is similar or identical for different users. You acknowledge that you have no expectation of uniqueness, exclusivity, confidentiality, or competitive advantage in any Output.
• Use of Output by the Service.  Output generated through the Service may be used, displayed, indexed, categorized, curated, distributed, or made available to other users within the Community Library in accordance with these Terms. ViviMedia may further use Output to operate, maintain, improve, and enhance the Service.

Accessing the SERVICE 

We reserve the right to withdraw or amend the Service, or any feature, function, or material we provide as part of the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Service or the entire Service.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Service.
• Ensuring that all persons who access the Service through your internet connection are aware of these Terms of Use and comply with them.

Your access to the Service, including the free tier, may be subject to usage quotas, generation limits, and fair use restrictions as set out on the Pricing Page or in-platform documentation. ViviMedia reserves the right to impose, modify, or enforce such limits at any time to ensure the availability, integrity, and performance of the Service for all users. Paid features and usage entitlements are governed by the Subscription & Credits Terms.

ACCOUNT SECURITY AND REGISTRATION

To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all information you provide on or through the Service is correct, current, and complete. You agree that all information you provide to register with the Service or otherwise is governed by our Privacy Policy [LINK], and you consent to all actions we take with respect to your information consistent with that policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your credentials.

You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms of Use.

User Profile Images

Users may upload a personal image (including a photograph) as a profile picture, whether manually or through third-party authentication services (such as Google). By uploading or providing a profile image, you represent and warrant that you have all necessary rights to such image and you hereby grant ViviMedia a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, store, display, and transmit the image solely for the following purposes:

• Displaying the image within the Service, including areas visible to other users;
• Associating the image with your account and enabling account-related features;
• Operating, maintaining, securing, and improving the Service;
• Uses that are technically necessary or incidentally related to providing the Service.

You may update or remove your profile image at any time through your account settings. Removing your profile image does not affect the lawfulness of any prior use made in accordance with this clause.

Inputs Intellectual Property Rights

All Inputs you submit to the Service must comply with these Terms. To the fullest extent permitted by applicable law, you agree as follows: 

• You retain ownership of any copyright or related rights you may hold in your Inputs at the moment of submission. 
• You hereby grant ViviMedia an exclusive, worldwide, perpetual, irrevocable, royaltyfree, transferable, and sublicensable license to use, reproduce, store, process, adapt, modify, distribute, display, make available, and otherwise exploit your Inputs for the operation, maintenance, improvement, security, and provision of the Service, including the generation of Output and the operation of the Community Library. 
• To the extent that applicable law permits assignment of copyright or related rights, you hereby irrevocably assign to ViviMedia all rights, titles, and interests in and to your Inputs. In jurisdictions where assignment of certain rights (including moral rights) is not permitted, the license shall apply to the fullest extent permitted by applicable law. 
• You consent to ViviMedia’s use of your Inputs without requiring attribution, approval, or consultation, except where such consent is not legally permitted under applicable moralrights laws. 
• You acknowledge that the Service is a shared digital environment and that ViviMedia’s use of Inputs, including for the generation and display of Output, is essential for the functioning of the Service. 
• Your use of the Services constitutes sufficient and complete consideration for the assignment and grant of rights herein.

This clause overrides any inconsistent provision regarding Inputs to the maximum extent permitted by applicable law. 

All Inputs will be considered non-confidential and non-proprietary. 

You represent and warrant that: 

• You own or control all right, title and interest in and to your Inputs, including all copyrights and rights of publicity contained therein, and that you possess all necessary rights or have obtained all consents necessary to grant the rights and licenses herein to ViviMedia and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
• All of your Inputs do and will comply with these Terms of Use, including the Content Standards. 

YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ANY INPUTS YOU SUBMIT OR CAUSE TO BE GENERATED BY THE SERVICE AND FOR ANY USE YOU MAKE OF THE OUTPUT GENERATED FROM THOSE INPUTS. YOU, NOT VIVIMEDIA, ARE FULLY RESPONSIBLE FOR SUCH CONTENT, INCLUDING ITS LEGALITY, RELIABILITY, ACCURACY, AND APPROPRIATENESS.

We are not responsible or liable to any third party for the content or accuracy of any Inputs submitted to the Service, or for any Output generated based on such Inputs. 

Output INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that any Output generated through the Service is produced primarily through ViviMedia’s proprietary technology, including its patent-pending models, system prompts, configurations, datasets, and technical processes. The role of the user in generating Output is limited to providing high-level textual instructions that initiate or guide ViviMedia’s automated systems and do not constitute or amount to substantive creative authorship under current applicable law.

To ensure legal certainty across jurisdictions, and to the fullest extent permitted by applicable law, you agree that:

• ViviMedia owns all rights, titles, and interests in and to all Output, including all intellectual-property rights, database rights, and related rights, irrespective of the jurisdiction in which the Output is accessed or used, subject to any plan-based usage rights expressly granted to subscribers under the Subscription & Credits Terms.
• In jurisdictions where AI-generated material may not qualify for copyright protection or where authorship is legally uncertain, you expressly agree that ViviMedia shall have the exclusive rights to control, use, reproduce, distribute, make available, adapt, and license the Output, as if ViviMedia were the sole rights holder.
• To the extent that your use of the Service or your Inputs gives rise to any rights in the Output, you irrevocably assign to ViviMedia all such rights, titles, and interests. In jurisdictions where assignment of certain rights (including moral rights) is not permitted, you grant ViviMedia an exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to exercise those rights to the maximum extent permitted by law.
• You further agree not to assert, and to the extent legally possible to waive, any moral rights, attribution rights, or similar rights you may have in relation to any Output, except where such waiver is not legally permitted (in which case you consent to the fullest lawful use of the Output by ViviMedia without requiring attribution or consultation).

ViviMedia may use, display, reproduce, commercialize, sublicense, adapt, or otherwise exploit the Output for any purpose, without limitation. For purposes of intellectual property and ownership, Output shall not be considered user-generated content.

ViviBook Platform and WEBSITE Intellectual Property Rights

The Website and its 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 ViviMedia, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only, except that subscribers holding a plan that expressly grants broader usage or commercial rights under the Subscription & Credits Terms may exercise those rights in respect of Output to the extent stated in those terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.

Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by ViviMedia. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

ViviMedia name, the ViviBook name, the ViviBook™ platform name, the ViviBook logo, and all related names, logos, product and service names, designs, and slogans (collectively, the "ViviMedia’s Trademarks") are trademarks of ViviMedia or its affiliatesOther names, product, service names and logos, designs, and slogans used and displayed on this Website or via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to ViviMedia. 

Nothing in these Terms of Use or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ViviMedia’s Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of ViviMedia’s Trademarks will inure exclusively to ViviMedia.

You must not use such marks without the prior written permission of ViviMedia. 

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Service:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

To send, knowingly receive, submit Inputs, use, or re-use Inputs or Output that does not comply with the Content Standards set out in these Terms of Use.

To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

To impersonate or attempt to impersonate ViviMedia, a ViviMedia employee, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits Service integrity, or which, as determined by us, may harm ViviMedia or users of the Service, or expose them to liability.

Additionally, you agree not to:

Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to use the Service.

Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

Use any device, software, or routine that interferes with the proper working of the Service.

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the servers that host the Service, or any server, computer, or database connected to the Website. 

Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Service.

No Privacy in Inputs or Output

• You acknowledge and agree that Inputs and Output are not private, confidential, proprietary, or exclusive to you in any way. The Service is designed as a shared digital publishing environment, and any Output generated through the Service may be stored, reviewed, analyzed, used, displayed, modified, reproduced, or redistributed by ViviMedia at its discretion.
• You further acknowledge and agree that:

• Output may be made available to other users of the Service, including through browsing, search, recommendation, or library features.
• ViviMedia may review, access, or use your Inputs and Output to maintain, operate, secure, improve, and develop the Service, including for quality assurance, safety monitoring, model training, and the creation of new features.
• Output is not confidential, will not be treated as confidential, and ViviMedia has no obligation of confidentiality with respect to any Inputs or Output.
• You should not submit any information or materials that you consider sensitive, confidential, proprietary, or private, and you do so entirely at your own risk.
• ViviMedia does not guarantee the deletion, suppression, or restriction of Output once generated and may retain copies for operational, legal, regulatory, and archival purposes.

• Your use of the Service constitutes your explicit agreement and understanding that neither Inputs nor Output will be treated as private or confidential in any respect.

This does not limit ViviMedia’s obligations under applicable data-protection laws.

Shared Output and Community Library Content

The Service includes a shared digital library environment of the ViviBook Platform in which certain Output generated through the Service may be automatically made available to other users (“Community Library”). Output that is displayed, visible to or accessible by other users within the Community Library is referred to as “Shared Output” or “Community Library Content.” Subscribers on plans that include external publishing rights under the Subscription & Credits Terms may additionally publish their Output outside the Service to the extent permitted by those terms.

By using the Service, you acknowledge and agree that:

• Shared Output is not private. Any Output generated using the Service may be stored, indexed, categorized, displayed, recommended, or otherwise made available to other users inside the Community Library. You have no expectation of privacy, exclusivity, confidentiality, or ownership in Shared Output.
• Your Output may be accessible to others. Other users may view, read, browse, search for, bookmark, and interact with Shared Output, including in automated or curated discovery features, library listings, or recommendation environments.
• Shared Output may be reused. ViviMedia and other users may use, access, reference, quote, redistribute, adapt, annotate, or create derivative works from Shared Output, subject to the rights granted to ViviMedia under these Terms.
• The Community Library is curated by the ViviBook Platform. ViviMedia may classify, select, reorder, highlight, recommend, tag, or otherwise manage Shared Output to maintain, operate, improve, or enhance the Community Library experience.
• No obligation to display Output. ViviMedia may choose, in its sole discretion, whether any particular Output is included, excluded, removed, or suppressed from the Community Library.
• Do not submit sensitive Inputs. Because Output may become Shared Output, you must not submit Inputs that contain sensitive, private, confidential, or proprietary information. You do so entirely at your own risk.

Your use of the Service constitutes your explicit agreement that Output may be transformed into Shared Output / Community Library Content and made available to other users as part of the structure and functionality of the Service.

Content Standards

These content standards apply to any and all Inputs submitted by users and govern the generation of Output and use of the Services. 

Inputs must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Inputs must not:

• Contain Illegal or Harmful Material. This includes defamatory, obscene, indecent, offensive, harassing, violent, hateful, discriminatory, inflammatory, or otherwise objectionable content.
• Discrimination. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe Intellectual Property Rights. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate Privacy or Publicity Rights. Inputs must not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy https://www.vivibook.ai/en/privacy.
• Deceive or Misrepresent. Inputs must not be misleading, fraudulent.
• Promote Illegal Activity. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate Others. Impersonate any person or misrepresent your identity or affiliation with any person or organization. 
• Include Commercial Promotions. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Falsely Imply Endorsement. Inputs must not suggest they originate from or are endorsed by ViviMedia or any other person or entity.

• Misrepresent AI-Generated Content. You must not represent or imply that any Output generated by the Service was created by a human,or otherwise misrepresent the AI-generated nature of any Output.

• Sexual Content
• The following rules apply to all users, and the Service is intended only for adults (18+).
• Inputs must not request, promote, describe, or generate illegal, harmful, or non-consensual sexual content. This includes, without limitation:

• Sexual content involving minors, including any depiction, suggestion, or sexualization of a person who is, or is represented as, under 18 years of age.
• Non-consensual sexual acts, sexual violence, coercion, intimidation, or exploitation.
• Incest, bestiality, necrophilia, or any other sexual activity that is unlawful or universally prohibited.
• Non-consensual intimate imagery, including sexualized depictions of real identifiable individuals without their explicit consent (e.g., deepfakes, simulations, re-creations).
• Extreme or dangerous sexual fetishes that involve physical harm, loss of autonomy, or content that presents a significant safety risk.

• Consensual adult erotic content (“NSFW but legal”) is permitted, provided that:

• All characters are adults (18+),
• The activity is portrayed as consensual,
• The content does not depict or glamorize criminal or exploitative sexual behavior,
• The content complies with applicable law and the other Content Standards.

• ViviMedia reserves the right to restrict or remove erotic content that is improperly labeled, excessively graphic, unsafe, or inconsistent with the health, safety, and integrity of the ViviBook Platform.

Risk Mitigation and Safety Controls

ViviMedia is committed to actively and proactively mitigating risks associated with the use of the Service. To help maintain a safe, lawful, and responsible environment, we employ a combination of automated systems, AI-based safety filters, and internal review protocols designed to detect, limit, or block the generation or distribution of prohibited or high-risk content. This includes, without limitation, content involving illegal activity, violations of intellectual-property rights, defamation, harassment, bullying, threats of violence, exploitation, sexual content involving minors, non-consensual or harmful sexual material, or any other content that violates these Terms or the Content Standards.

Our safety systems include AI-driven content-moderation tools, pattern-recognition models, and algorithmic checks that analyze Inputs and Output for indicators of prohibited or high-risk material. These systems operate both in real time and through ongoing integrity monitoring. We supplement these automated measures with periodic manual audits, quality-assurance reviews, and continuous refinement of our safety filters.

While no system can guarantee the prevention of all harmful, unlawful, or policy-violating content, ViviMedia invests significant technical, operational, and financial resources in maintaining, improving, and upgrading these safeguards. These efforts reflect our good-faith commitment to user safety, legal compliance, and the prevention of misuse of the ViviBook Platform.

Users acknowledge that they remain solely responsible for their Inputs and for any reliance on or use of Output, and agree to comply with all Content Standards and applicable laws when using the Service. ViviMedia’s safety controls do not relieve users of their independent obligations under these Terms.

These measures operate in conjunction with the Content Standards in Section 16.

Monitoring and Enforcement; Termination

We have the right to:

Remove or Restrict Content. Remove, refuse to generate, refuse to display, or otherwise restrict access to any Inputs or Output for any or no reason, including if, in our sole judgment, such Inputs or Output do not comply with the Content Standards or otherwise violate these Terms of Use.

Disclose Information. Disclose your identity or other personal information only when required by applicable law, including in response to a court order, judicial request, law-enforcement demand, or other legally binding governmental or regulatory request; or when necessary to establish, exercise, or defend legal claims, including the enforcement of these Terms. ViviMedia does not disclose personal information to private parties solely on the basis of allegations or complaints unless legally compelled to do so.

Legal Action. Initiate or cooperate in any legal or administrative action, including referral to law-enforcement authorities, in connection with any actual or suspected illegal, unauthorized, or harmful use of the Service.

Suspend or Terminate Access. Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation any violation of these Terms of Use, and remove and discard any Content (including Inputs and Output associated with your account) within the Service.

Without limiting the foregoing, violations of the Subscription & Credits Terms including misuse of subscription entitlements, abuse of ViviBook Credits, or fraud or manipulation in connection with the Referral Program may result in one or more of the following actions at ViviMedia’s sole discretion: (i) suspension of access to paid features or the Service in whole or in part; (ii) forfeiture or reset of your ViviBook Credits balance; (iii) cancellation of your Subscription without refund, subject to applicable mandatory law; and/or (iv) permanent closure of your account.

Without limiting the foregoing, we have the right to cooperate fully with any competent law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting Inputs or generating Output. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT VIVIMEDIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ACTIONS TAKEN IN GOOD FAITH IN RESPONSE TO LEGALLY BINDING ORDERS OR TO ENSURE THE SAFETY, INTEGRITY, OR SECURITY OF THE SERVICE.

We do not and cannot undertake to review all material before it appears on the Service and cannot ensure prompt removal of objectionable content after it appears. Accordingly, we assume no liability for any action or inaction regarding Inputs submitted to the Service or any system-generated Output. We disclaim all responsibility for performance or nonperformance of the activities described in this Section. 

Any disclosure of personal data is subject to our Privacy Policy.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

• [FIRST AND LAST NAME OF AGENT]
• [NAME OF AGENT'S ORGANIZATION]
• [PHYSICAL MAIL ADDRESS OF AGENT]
• [TELEPHONE NUMBER OF AGENT]
• [EMAIL ADDRESS OF AGENT FOR THIS PURPOSE]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to the Website

All information we collect on this Website and in connection with the Service is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Linking to the Website 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. 

Links from the Website

If the Website or the Service contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the ViviBook Platform and Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL DISPLAYED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE OR SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, THE SERVICES AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VIVIMEDIA NOR ANY PERSON ASSOCIATED WITH VIVIMEDIA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER VIVIMEDIA NOR ANYONE ASSOCIATED WITH VIVIMEDIA REPRESENTS OR WARRANTS THAT THE WEBSITE, THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, THE OR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, VIVIMEDIA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL VIVIMEDIA, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “VIVIMEDIA PARTIES”) 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

Nothing in these Terms of Use 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.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE VIVIMEDIA PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OF USE; YOUR ACCESS TO, USE OF, OR ALLEGED USE OF THE SERVICES, OR THE CONTENT; YOUR VIOLATION OF APPLICABLE LAW OR ANY THIRD-PARTY RIGHT; AND ANY ACTUAL OR ALLEGED FRAUD, INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, OR CRIMINAL ACTS COMMITTED BY YOU OR YOUR EMPLOYEES OR AGENTS. WE RESERVE THE RIGHT TO ENGAGE SEPARATE COUNSEL AND PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU HEREUNDER, IN WHICH CASE YOU AGREE TO COOPERATE WITH US AND SUCH SEPARATE COUNSEL AS WE REASONABLY REQUEST.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction).

To the extent any dispute arising out of, or related to, these Terms of Use or the Website is permitted to be resolved in court rather than through arbitration, such legal suit, action, or proceeding shall be instituted exclusively in the federal or state courts located in the State of Nevada. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. We also retain the right to bring any such action in your country of residence or any other relevant jurisdiction. If you are a consumer residing in the United Kingdom, nothing in these Terms of Use prevents you from bringing disputes in the courts of the United Kingdom, and your mandatory consumer protection rights under UK law remain unaffected.

Arbitration: U.S. Users Only

Dispute Resolution by Binding Arbitration – U.S. Users Only

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

Agreement to Arbitrate

This “Arbitration Agreement” governs any dispute or claim between you and ViviMedia arising out of or relating to these Terms of Use, the Service, any Content or Output, advertising, or any relationship or transaction between us. You and ViviMedia agree that all such disputes will be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual claim in small-claims court if the claim qualifies.

Nothing in this Section prevents you from submitting issues to federal, state, or local agencies; such agencies may seek relief on your behalf if permitted by law. By accepting these Terms of Use, you and ViviMedia each waive the right to a jury trial or to participate in a class or representative action. This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and shall survive termination of these Terms of Use.

This Arbitration Agreement does not require arbitration of:

• Individual claims in small-claims court (if jurisdictional requirements are met);
• Claims for injunctive or other equitable relief relating to the enforcement or protection of ViviMedia’s Intellectual Property Rights (including the ViviBook Platform and all related marks);
• Administrative complaints submitted to government agencies (e.g., FTC, FCC, state consumer bureaus), which may pursue relief on your behalf if permitted by law.

Class-Action Waiver and Individual Proceedings

YOU AND VIVIMEDIA MAY BRING CLAIMS ONLY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. 

The arbitrator may not consolidate claims of multiple parties, preside over a class proceeding, or award relief other than to the individual party seeking relief, except that public-injunctive relief may be awarded if required by applicable law.

Pre-Arbitration Notice and Informal Resolution

ViviMedia aims to resolve concerns promptly. Before starting arbitration, you must first send a Notice of Dispute by certified mail to ViviMedia Corp, 732 S 6TH ST #4624, Las Vegas, NV 89101, USA describing (a) the nature and basis of your claim and (b) the specific relief sought. We will send any Notice of Dispute to your billing address or e-mail on file. The parties will attempt to resolve the dispute within 60 days after a Notice is received. If unresolved, either may commence arbitration. During arbitration, neither party shall disclose the existence or amount of any settlement offer until the arbitrator determines any award.

Arbitration Procedures

Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and any supplementary procedures then in effect (the “AAA Rules”), as modified herein. AAA’s rules and forms are available at www.adr.org/consumer or by calling 1-800-778-7879.

If there is any inconsistency between this Arbitration Agreement and the AAA Rules, this Agreement controls, provided it does not render the proceeding fundamentally unfair. The arbitrator shall have exclusive authority to determine the scope, validity, and enforceability of this Arbitration Agreement.

Unless the parties agree otherwise, the arbitration shall be conducted in a location reasonably convenient to both parties, or remotely (documents-only, teleconference, or videoconference) at your election if your claim is $10,000 or less. If your claim exceeds $10,000, the right to an oral hearing is governed by the AAA Rules. The arbitrator shall issue a reasoned written award setting forth essential findings and conclusions. Judgment on the award may be entered in any court of competent jurisdiction.

Costs and Fees

Arbitration fees and costs shall be allocated under the AAA Rules unless otherwise provided herein. To the extent those rules do not specify, each party shall pay one-half of such fees; however, if you demonstrate to the arbitrator that paying your share would be economically prohibitive, ViviMedia will pay your portion of arbitration fees. If the arbitrator finds that the costs of arbitration would be higher than litigation, ViviMedia shall pay the amount necessary to make arbitration no more expensive than court proceedings. The arbitrator may award attorneys’ fees or expenses only to the extent permitted by applicable law or the AAA Rules.

Confidentiality

Except to the extent necessary to enforce an award or as required by law, all aspects of the arbitration—including pleadings, documents, transcripts, rulings, and awards—shall remain strictly confidential for the benefit of both parties.

Severability

If a court or arbitrator determines that any provision of this Arbitration Agreement (other than the class-action waiver above) is invalid or unenforceable, such provision shall be replaced by a valid and enforceable one that most closely expresses the parties’ original intent, and the remainder shall remain in effect. If the class-action waiver is found invalid or unenforceable, this entire Arbitration Agreement is null and void (except to the extent public-injunctive relief must remain arbitrable under law). All other provisions of these Terms of Use shall continue to apply.

Future Changes

If ViviMedia updates this Arbitration Agreement, you may reject the change by sending written notice to the Notice Address within 30 days of the update. If you reject the change, you agree to arbitrate under the version of this Arbitration Agreement that was in effect on the date you first accepted these Terms of Use (or any subsequent accepted version).

Arbitration: Users Outside the United States

Agreement to Arbitrate. 

Any dispute, controversy, or claim arising out of or relating to these Terms, the Services, Content, or any aspect of the relationship between you and ViviMedia shall be finally resolved by binding arbitration under the LCIA Arbitration Rules (the “LCIA Rules”), which are incorporated by reference.

Seat, Location, and Language. 

The seat of arbitration shall be London, England. The language of arbitration shall be English. The arbitration shall be conducted by a sole arbitrator.

Individual-Only Proceedings. 

To the fullest extent permitted by applicable law, arbitration shall proceed on an individual basis only. You and the Company waive any right to bring or participate in class, collective, representative, or group proceedings.

Exceptions & Mandatory Local Rights. 

This Arbitration Agreement does not:

• Affect any mandatory consumer protection rights that cannot be waived under the laws of your country of residence;
• Prevent you from bringing individual small-claims matters in your local court if permitted;
• Require arbitration of data protection or privacy claims you are legally entitled to assert before supervisory authorities under GDPR or equivalent laws

Governing Law. 

The arbitration (including this clause) shall be governed by the laws of England and Wales, and the LCIA Rules. The underlying Terms may specify a different governing law; that choice does not affect this Arbitration Agreement.

Arbitration costs shall be allocated according to the LCIA Rules. 

Unless required by applicable law, the Company is not obligated to pay your arbitration costs or legal fees except as ordered by the Tribunal.

Confidentiality. 

The arbitration, pleadings, evidence, and award shall remain confidential, except where disclosure is required by law or necessary to enforce, challenge, or recognize the award. 

EU/UK Consumers. 

This arbitration clause does not apply to consumers residing in the EU or United Kingdom to the extent prohibited by mandatory local law. EU/UK consumers may bring disputes in the courts of their country of residence.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE 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. For EU and UK consumers, this limitation does not affect any mandatory statutory limitation periods that cannot be waived under applicable law. No waiver by ViviMedia of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ViviMedia to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and ViviMedia Corp regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both This website is operated by ViviMedia Corp 732 S 6TH ST #4624, Las Vegas, NV 89101, USA

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Force Majeure

ViviMedia will not be liable or responsible for any failure or delay in performing its obligations under these Terms of Use 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 users where practicable and will take reasonable steps to resume or restore the affected service as soon as practicable.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy https://www.vivibook.ai/en/terms in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].