1. Definitions
- “VivusAI” refers to the VivusAI platform, website, APIs, applications, models, and services.
- “User” means any individual or entity accessing or using the Services.
- “Content” means all data, text, prompts, files, or information submitted to the Services.
- “Output” means any content generated by the AI models in response to User input.
- “Personal Data” has the meaning given under the GDPR and applicable privacy laws.
2. Terms of Service
2.1 Acceptance of Terms
By accessing or using VivusAI, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. These Terms constitute a binding agreement between you and VivusAI.
2.2 Eligibility and Authority
You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. If you are using VivusAI on behalf of an entity, you represent that you have authority to bind that entity.
2.3 Account Registration and Security
You are responsible for safeguarding all credentials, including passwords and API keys. VivusAI is not liable for any loss or damage arising from unauthorized access caused by your failure to secure your credentials.
Example: If an exposed API key is used to generate large volumes of requests, billing and usage remain your responsibility.
2.4 Acceptable Use and Prohibited Activities
You agree not to use VivusAI in a manner that is unlawful, harmful, deceptive, or abusive. Prohibited uses include, but are not limited to:
- Violating local, national, or international law
- Generating malware, exploits, or malicious code
- Producing content intended to defraud, harass, or deceive
- Impersonating individuals or organizations
- Attempting to bypass safeguards or usage limits
2.5 AI Services Disclaimer
VivusAI uses machine learning models that generate outputs probabilistically. Outputs may be inaccurate, outdated, or incomplete and should not be relied upon as a sole source of truth.
VivusAI does not provide:
- Medical advice
- Legal advice
- Financial or investment advice
Example: AI-generated contracts, medical explanations, or tax guidance must be reviewed by qualified professionals before use.
2.6 Intellectual Property Rights
All VivusAI software, infrastructure, models, interfaces, and branding are protected by intellectual property laws. You are granted a limited, non-exclusive, revocable license to use the Services.
You retain ownership of Content you submit. However, you grant VivusAI a worldwide, non-exclusive license to process, store, and analyze Content solely for the purpose of providing and improving the Services.
2.7 Fees, Billing, and Taxes
Fees are charged in advance and are non-refundable except where required by law. You are responsible for all applicable taxes, duties, or government assessments.
2.8 Suspension and Termination
VivusAI reserves the right to suspend or terminate access to the Services at its sole discretion for violations of these Terms, abuse, or legal risk.
2.9 Limitation of Liability
To the maximum extent permitted by law, VivusAI shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits or data.
2.10 Indemnification
You agree to indemnify and hold harmless VivusAI from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.
2.11 Governing Law and Venue
These Terms are governed by the laws of the United States. EU users retain mandatory consumer protections under applicable local law.
3. Privacy Policy
3.1 Scope
This Privacy Policy describes how VivusAI collects, processes, stores, and protects Personal Data in compliance with the GDPR, CCPA-style principles, and other applicable privacy laws.
3.2 Categories of Data Collected
- Identity data (email, username)
- Billing and transaction data
- Technical data (IP address, device, logs)
- Usage and interaction data
- User-submitted prompts and inputs
3.3 Purposes of Processing
- Service delivery and functionality
- Security, fraud prevention, and abuse detection
- Billing, analytics, and performance optimization
- Legal compliance and enforcement
3.4 Legal Bases for Processing (GDPR)
- Performance of a contract
- Legitimate business interests
- User consent where required
- Compliance with legal obligations
3.5 Cookies and Tracking Technologies
Cookies are used for authentication, security, analytics, and preference storage. Where required, consent mechanisms are provided.
3.6 Data Sharing and Subprocessors
VivusAI does not sell Personal Data. Data may be shared with vetted subprocessors (hosting, payments, analytics) under strict confidentiality agreements.
3.7 International Data Transfers
Personal Data may be transferred outside the EEA. Where required, Standard Contractual Clauses or equivalent safeguards are applied.
3.8 Data Retention
Personal Data is retained only for as long as necessary to fulfill the purposes outlined or comply with legal obligations.
3.9 Data Subject Rights
You may have the right to access, rectify, erase, restrict, object to processing, or request portability of your data.
3.10 Security Measures
VivusAI implements administrative, technical, and organizational safeguards designed to protect Personal Data. However, no system is entirely secure.
3.11 Contact
Privacy and legal inquiries may be submitted through the VivusAI website.