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Viva Terms of Service

1. Introduction

This Viva End-User Service and License Agreement (“EULA”) regulates the use of the Viva Partner Platform and any related services provided or facilitated by Viva. The EULA applies to any user (including the Customer, household members or visitors). The EULA also constitute a data processing agreement, in relation to processing of personal data.

Certain features of the Viva Platform may be subject to additional guidelines, terms, or rules, which will be posted on the Viva Partner Platform in connection with such features. All such additional guidelines, terms, or rules, and the Viva Privacy Policy, are hereby incorporated by reference into the agreement.

The Viva Partner Platform and any related services provided by Viva will collectively be referred to as the “Viva Platform”.

2. Intended use

The Viva Platform is intended to be accessed and used for non-critical information and control of the Viva Platform, including Viva Equipment and connected third party equipment. The User agrees that the Viva Platform is not certified or meant for emergency response. Viva makes no warranty or representation on any security enhancing features of the service.

While Viva aims for the Viva Platform to be highly reliable and available at all times, it is not intended to be available 100% of the time. The Viva Platform will be subject to sporadic interruptions and failures for a variety of reasons beyond Viva’s control, including wireless radio intermittency, service provider uptime, mobile network disruptions, among others. The user acknowledges these limitations and agree that Viva is not responsible for any damage or loss caused by the failure of the Viva Platform to operate at all times.

3. Standards, versions and distribution

3.1 Internet solution – web interface

Any part of the Viva Platform that is made available through a web based interface is made to work with modern versions of Internet browsers. Viva cannot guarantee that all older versions of web browsers are supported or will function.

3.2 Operating system versions – app interface

The Viva App is developed to operate on the latest main version of the operating system of the devise on which the app is meant to operate. Backwards compatibility may be provided, at Viva’s discretion.

3.3 Distribution system terms

The Viva App is made available to users through Apple’s App Store, Google Play, and similar distribution systems. Any terms presented by the distribution system applies to the user.

4. Accounts

4.1 Account use

To use the Viva Platform, the user must register for an user account (“Account”) and provide certain information about herself as prompted by the applicable registration form. The user is obliged to ensure that:

a) all required registration information submitted is truthful and accurate;

b) will be maintained accurate; and

c) that its use of the Viva Platform does not violate any applicable law or regulation, or terms herein, including those stated in section 5.6 (User restrictions).

4.2 Confidentiality

Users are entirely responsible for maintaining the confidentiality of Account login information and for all activities that occur by use of the relevant Account.

The user agrees to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with the Account, and to keep the user’s password private to prevent others from gaining access without the user’s permission.

4.3 Notification

The user agrees to immediately notify Viva of any unauthorized use, or suspected unauthorized use, of the Account or any other breach of security.

Viva is not liable for any loss or damage arising from the user’s failure to comply with the above requirements.

5. Access and license to the Viva Platform

5.1 Access to and use of

Subject to this EULA, Viva grants the user a non-transferable, non-exclusive, license to access and use the Viva Platform (including the Viva App) in connection with, and solely for the purpose of, controlling and monitoring the Viva Platform and Connected Equipment installed on the user’s property or otherwise accessing a service provided by Viva for the user.

5.2 Installation of equipment

The user is liable for installing equipment connected to the Viva Platform in accordance with locally applicable requirements. Hereunder, the user must use an authorized electrician for any fixed installations if so required.

5.3 Automatic software updates

Viva may from time to time provide patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Viva Platform (“Updates”). These Updates may be automatically installed without providing any additional notice. The user consents to this automatic update. If the user does not want such Updates, the user shall terminate the Account and stop using the Viva Platform.

The user acknowledges that it may be required to install Updates to use the Viva Platform. The user agrees to promptly install any Updates Viva provides.

5.4 Interface to third party offerings

The Viva Platform may enable the user to interface the system to third party equipment and services (collectively, “Offering(s)”). The user decide whether and with which third party Offerings it wants to interface. Once the user’s consent is given for a particular Offering, the user agree that Viva may exchange information and control data regarding the user and the Offering, including the user’s personal information, in order to enable the interface the user has authorized, to operate.

Once this information is shared with the provider of the Offering, its use will be governed by the third party's terms and privacy policy and not by Viva's privacy policy. The User acknowledge and agree that Viva makes no representation or warranty about the safety of any such third party Offering or Viva Platform.

5.5 Content and submissions

Certain materials may be displayed or performed on the Viva Platform (including text, graphics, articles, photographs, video, images, and illustrations (“Content”). The Content also includes information that the user and other users provide Viva with in the course of using the Viva Platform (collectively, “User Submissions”), which Viva may use to provide, maintain and improve the Viva Platform.

The user may also post feedback, comments, questions, or other information on the Viva sites. The user is solely responsible for all Content that the user uploads, posts, emails, transmits, or otherwise distributes or shares using the Viva Platform, or that the user contributes in any manner to or with the Viva Platform. The user represents and warrants that the user has all rights necessary to do so, in the manner in which the user contributes it.

Viva reserves the right to remove any Content from the Viva Platform at any time, for any reason, and in any event upon receipt of claims or allegations from third parties or authorities relating to such Content or concern that the user may have breached the agreement.

5.6 User restrictions

The rights granted to the user under this EULA are subject to the user agreeing not to:

a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Viva Platform;

b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Viva Platform;

c) access the Viva Platform in order to build a similar or competing service;

d) copy, reproduce, distribute, download, display, post, or transmit the Viva Platform (hereunder software) in any form or by any means except as expressly stated in the agreement;

e) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer,

handheld mobile device, data, the Viva Platform, or any other system, device or property;

f) interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Viva Platform or violate the regulations, policies, or procedures of such networks;

g) access (or attempt to access) any of the Viva Platform by means other than through the interfaces that are provided by Viva; and

h) remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Viva Platform.

Any future release, update, or other addition to functionality of the Viva Platform shall be subject to this EULA.

5.7 Open Source Software

Certain items of third party software code may be included in the Viva Platform that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits the user’s rights under, or grants the user rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.

6. Agreed usage and limitations

6.1 System requirements

The Viva Platform needs the following in order to operate:

a) a user Account;

b) mobile client such as a supported smart phone or tablet, with a supported version of the operating system;

c) always-on broadband Internet access in the user’s home; and

d) other system elements that may be specified by Viva from time to time.

It is the user’s responsibility to ensure that the user have all required system elements and that they are compatible and properly configured and installed. The user acknowledge that Viva may activate wireless communications features on the user’s smartphone or tablet, with or without prior notification, in order to facilitate proper operation of the Viva Platform.

6.2 Reliability of notifications

The user acknowledge that the Viva Platform, including remote access and mobile notifications, is not intended to be 100% reliable nor 100% available. Viva does not guarantee that the user will receive notifications in any given time or at all. The user agree that the user will not rely on the Viva Platform for any life safety or critical purposes. Mobile notifications regarding the status of and alarms from the user’s Viva products are provided solely for informational purposes – they are not a substitute for a separate emergency notification system.

6.3 Energy savings

Actual energy savings and monetary benefits vary with factors beyond Viva’s control or knowledge. Viva does therefore not guarantee any specific level of energy savings or other monetary benefit from the use of the Viva Platform.

6.4 Product information

The Viva Platform provides the user with information (“Product Information”) regarding the platform in the user’s home and their connection with other products. All Product Information is provided “as is” and “as available”. Viva cannot guarantee that it is correct, complete or up to date.

6.5 Ownership to information

All information publicly posted or privately transmitted through the Viva Platform is the sole responsibility of the person from which such Content originated. No ownership to such data is transferred to Viva by the agreement. However, Viva may use information transmitted through the Viva Platform for error search and improving and operating the service.

6.6 Compliant use

The user warrants, represents and agrees that the user will not contribute any Content or otherwise use the Viva Platform in a manner that:

a) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;

b) violates any law, statute, ordinance or regulation;

c) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or likewise objectionable; or

d) jeopardizes the security of the any Account (such as allowing someone else to log in to the Viva Platform as the User) or the Viva Platform.

7. Data protection

7.1 Security

Viva shall have in place such technical and organisational measures as are reasonably necessary and appropriate to safeguard against the unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

Viva cares about the integrity and security of the User’s personal information. However, Viva cannot guarantee that unauthorized third parties will never be able to defeat the security measures or use the user’s personal information for improper purposes. In this regards, the user acknowledge that the user provide its personal information at its own risk.

7.2 Privacy Policy

Please review the Privacy Policy. The Privacy Policy describes practices regarding the information that Viva may collect from users and others upon use of the Viva Platform, including any Content or user submissions.

7.3 Legal compliance

Each party will comply with all laws, rules and regulations applicable to it and binding on it in the performance of the agreement, including all statutory requirements relating to data protection.

7.4 Access and use

Viva will not access or use personal data, except as necessary to provide the Viva Platform service as initiated by the User.

7.5 Disclosure

Viva will not disclose any personal data to any government, except as necessary to comply with the law or a valid and binding order of a law enforcement agency.

7.6 Viva personnel

Viva restricts its personnel from processing user data without authorisation by Viva as described in the Viva Privacy Policy. Viva will impose appropriate contractual obligations upon its personnel, including relevant obligations regarding confidentiality, data protection and data security.

7.7 User control over data

The Viva Platform provides users with the controls to retrieve, correct, delete, or block user data as described in the documentation of the service. The user is responsible for properly configuring the Viva Platform, (b) using the controls available in connection with the platform service, and (c) taking such steps as the user considers adequate to maintain appropriate security, protection and deletion of its data.

7.8 User consent

Viva aims a processing the personal data of the user solely within the EU and the European Economical Area (collectively, EEA). However, there may me particular services that require a limited transfer of personal data out of the EEA. Such transfer is to take place in accordance with the Viva Privacy Policy. By taking the Viva Platform into use, the user grants Viva its consent to such international transfer.

8. Third party performances

8.1 General

The Viva Platform relies on or interoperates with third party products. These third party products are beyond Viva’s control, but their operation may impact or be impacted by the use and reliability of the Viva Platform. The user agree that:

a) the use and availability of the Viva Platform is dependent on third party product vendors and service providers;

b) these third party products and the Viva Platform may not operate in a reliable manner 100% of the time, and they may impact the way that the Viva Platform operates; and that

c) Viva is not responsible for damage and loss due to the operation of these third party products and the Viva Platform.

8.2 Third party service providers used by Viva

The user acknowledge that Viva uses third party service providers to enable some aspects of the Viva Platform – such as, for example, data storage, synchronization, and communication through Amazon Web Services, and mobile device notifications through mobile operating system vendors and mobile carriers.

8.3 Third party services

The user acknowledge that the availability of the Viva Platform is dependent on various third party services, including those listed in section 6.1 (system requirements). The user acknowledge that the user is responsible for all fees charged by the user’s internet service provider and mobile carrier in connection with use of Viva Platform.

Any use of third party services made accessible through the Viva Platform shall take place in accordance with the applicable third party terms. Viva makes no representation or warranty about the safety of any such third party service.