Terms of Use
Last Updated: June 15, 2024
1. General
The following Terms of Use (Terms) apply to all services (Services) provided by Vivi Well Calm Limited, located at www.viviwellcalm.com and our software applications.
These Terms are legally binding and govern your usage of our Services. Please read them carefully.
1.1. Definitions
- Company, us, we, or our: Refers to Vivi Well Calm Limited.
- You, your, or user: Refers to the user of the Services.
- Device: The device used to access the Services, including but not limited to computers, smartphones, tablets, wearable devices, etc.
- Intellectual Property Rights: Any and all intellectual property rights existing in any part of the world under applicable law.
- Content: Any and all Company and third-party editorial content, information, text, images, photos, videos, artwork, illustrations, audio, music, sounds, postings, messages, recommendations, comments, software, files, feedback, or other protected materials.
- App Distributor: An app store or distribution platform (e.g., Apple’s App Store, Google Play).
1.2. Agreement to our Terms
By accessing and using our Services, whether on a free or subscription basis, you acknowledge that you have read, understood, and agree to comply with and be legally bound by these Terms.
If you do not agree to be legally bound by these Terms, you are not permitted to access or use our Services.
2. Use of Services
2.1. Eligibility
You must be at least 13 years old to use our Services. By using our Services, you represent and warrant that you meet this requirement.
2.2. Account Registration
To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device.
2.3. Account Security
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.
3. User Responsibilities
3.1. Compliance with Laws
You agree to comply with all applicable laws and regulations when using our Services.
3.2. Prohibited Conduct
You agree not to engage in any prohibited conduct, including but not limited to:
- Violating any local, state, national, or international law.
- Exploiting or harming minors.
- Transmitting any material that is defamatory, obscene, or otherwise offensive.
- Engaging in fraudulent or deceptive practices.
- Interfering with the proper functioning of our Services.
4. Intellectual Property
4.1. Ownership
All Intellectual Property Rights in the Services are owned by Vivi Well Calm Limited or our licensors. This includes, but is not limited to, software, databases, designs, text, graphics, and logos.
4.2. License
We grant you a limited, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use. This license does not allow you to copy, modify, distribute, or sell any part of the Services.
4.3. User Content
By submitting any content (User Content) to our Services, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with our Services and business.
5. Payments and Subscriptions
5.1. Fees
Some features of our Services may require payment of fees. You agree to pay all applicable fees as described on our Site or App.
5.2. Subscriptions
Certain Services may be available on a subscription basis. Subscriptions will automatically renew at the end of each subscription term unless you cancel your subscription before the renewal date.
5.3. Refunds
Except as required by law, all fees and charges are non-refundable.
6. Disclaimers and Limitation of Liability
6.1. Disclaimers
Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted or error-free.
6.2. Limitation of Liability
To the maximum extent permitted by law, Vivi Well Calm Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.
7. Privacy Policy
Your use of the Services is also governed by our Privacy Policy, which can be found at Privacy Policy.
8. Indemnification
You agree to indemnify and hold harmless Vivi Well Calm Limited and its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your violation of these Terms, or your violation of any rights of another.
9. Termination
We may terminate or suspend your access to our Services at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions.
11. Dispute Resolution
11.1. Informal Dispute Resolution
We prefer to resolve any issues you may have informally. Before filing a claim against Vivi Well Calm Limited, you agree to try to resolve the dispute informally by contacting us at support@viviwellcalm.com.
11.2. Arbitration
If a dispute cannot be resolved informally, you agree to resolve any claim, dispute, or controversy arising out of or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.
12. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our Site. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
13. Miscellaneous
13.1. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Vivi Well Calm Limited regarding the use of our Services.
13.2. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
13.3. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
14. Contact Us
If you have any questions about these Terms, please contact us at support@viviwellcalm.com.