Welcome to Vivaly. These Terms of Service ("Terms") govern your access to and use of the Vivaly mobile application and website (collectively, the "Service"), operated by Vivaly ("we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
You must be at least 13 years old to use Vivaly. By using the Service, you represent and warrant that you meet this requirement. If you are between 13 and 18, you represent that you have your parent or guardian's permission to use the Service and that they have reviewed and agreed to these Terms on your behalf.
To use Vivaly, you must create an account with a valid email address and a username. You are responsible for:
You may not create an account on behalf of someone else, impersonate any person, or use a username that is offensive or that infringes on another person's rights.
You agree to use the Service only for lawful purposes and in a way that does not infringe the rights of others. You must not:
You retain ownership of the photos and content you post on Vivaly ("User Content"). By posting User Content, you grant Vivaly a non-exclusive, royalty-free, worldwide, sublicensable license to use, store, display, and distribute your User Content solely for the purpose of operating and improving the Service.
You are solely responsible for the User Content you post. We do not endorse or verify the accuracy of any User Content. You represent and warrant that your User Content does not violate any third-party rights, including intellectual property rights and privacy rights.
We reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. You may also delete your own posts at any time from within the app.
Some experiences in Vivaly are marked as thrilling, adventurous, or "Legendary" difficulty. By attempting such experiences, you acknowledge that:
Always prioritize your safety and the safety of others.
Vivaly offers optional Premium and Elite subscription tiers available for purchase through the Apple App Store. By subscribing, you agree to the following:
No refunds are provided for partial subscription periods.
The Vivaly name, logo, app design, experience catalog, and all other content and materials provided by Vivaly are owned by or licensed to us and protected by applicable intellectual property laws. You may not use our branding, trademarks, or proprietary content without our prior written permission.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
The Service relies on third-party services including Firebase (Google LLC) and the Apple App Store. Your use of those services is subject to their respective terms and policies. We are not responsible for the practices of those third parties.
The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.
To the maximum extent permitted by applicable law, Vivaly and its affiliates, officers, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of profits, or personal injury, arising from your use of or inability to use the Service, even if we have been advised of the possibility of such damages.
You agree to indemnify and hold harmless Vivaly and its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your User Content, or your violation of these Terms.
We may suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or if required by law. You may delete your account at any time through the app settings. Upon termination, your right to use the Service will immediately cease.
We may update these Terms from time to time. When we do, we will update the "Last updated" date above. For material changes, we will provide advance notice via the app or email. Your continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.
These Terms are governed by the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in California.
If you have questions about these Terms, please contact us:
Vivaly
vivalyapp@gmail.com