Terms of Service

1. Eligibility

You may use the Site and Service only if you:

• Are at least eighteen (18) years old (or the age of majority in your jurisdiction, if higher).
• Have the legal authority to enter into these Terms on your own behalf or on behalf of any organization you represent.
• Are not barred from using the Service under the laws of the United States or any other applicable jurisdiction.
• Will use the Service only in compliance with these Terms and all applicable laws.

If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization, and “you” refers to both you individually and that organization.

2. The Service

Vivreal is a software-as-a-service platform that enables teams to:

• Create, manage, and publish content collections.
• Deploy and manage websites.
• Connect and operate third-party integrations (including Stripe, X/Twitter, Instagram, Facebook, LinkedIn, TikTok, and Mailchimp).
• Schedule and distribute content across channels.
• Collaborate within group workspaces with role-based access (owner, admin, member).

Features available to you depend on your subscription tier and the integrations you have connected. We may add, modify, or discontinue features at any time, with reasonable advance notice for material changes.

3. Accounts and Security

You are responsible for:

• Providing accurate, current, and complete account information and keeping it up to date.
• Maintaining the confidentiality of your login credentials, including any single sign-on accounts (Google, LinkedIn, Microsoft) or hardware security keys (WebAuthn) you use to authenticate.
• All activity that occurs under your account or within your workspace, including activity by team members you invite.
• Notifying us immediately at hello@vivreal.io if you suspect unauthorized access.

We may require you to verify your identity, change your password, or take other security actions if we reasonably believe your account has been compromised.

4. Subscription, Billing, and Renewal

4.1 Tiers and Quotas

Vivreal is offered in a free tier and one or more paid tiers. Each tier defines quotas for CDN bandwidth, API calls, AI Agent Actions, content versions, audit log retention, and other resources. Your current tier and usage are visible in your group settings.

4.2 Fees and Payment

Paid subscriptions are billed in advance, monthly or annually as you select. All fees are stated and payable in US dollars unless we expressly indicate otherwise. You authorize us (via Stripe) to charge your payment method on each renewal date until you cancel.

4.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period at the then-current rate unless you cancel before the renewal date. We will send a renewal reminder email at least seven (7) days before annual renewals.

4.4 Overage Billing

Paid-tier subscribers may opt in to overage billing. When enabled, usage beyond your tier’s included quotas is invoiced at the then-current overage rates (visible in your billing settings). We will give thirty (30) days’ notice before increasing overage rates.

4.5 Taxes

Fees are exclusive of applicable taxes. You are responsible for any sales, use, VAT, GST, withholding, or similar taxes, except for taxes on our net income.

4.6 Failed Payment

If a payment fails, we may suspend or downgrade your account. We will notify you and provide a grace period (typically seven (7) days) before suspension. After thirty (30) days of non-payment, we may delete your workspace data.

4.7 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period; you retain access to paid features until then. Fees are non-refundable except (a) where required by applicable law, (b) for material, unremedied service failures attributable solely to us, or (c) as we may grant in our sole discretion.

4.8 Price Changes

We may change subscription prices upon at least thirty (30) days’ notice before your next renewal. Continued use after the renewal date constitutes acceptance of the new price.

5. Your Content

5.1 Ownership

You retain all right, title, and interest in and to the content you upload, create, publish, or transmit through the Service ("Your Content"). We claim no ownership of Your Content.

5.2 License to Vivreal

Solely to operate, secure, and improve the Service, you grant Hill Bomb Creations a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, modify (only as needed for technical operations such as resizing or transcoding), and distribute Your Content. This license terminates when you delete Your Content or close your account, except for backups retained for the periods described in our Privacy Policy and rights necessary to comply with legal obligations.

5.3 No Use for AI Training

We will not use Your Content to train any general-purpose machine-learning model. AI features inside the Service that operate on Your Content (such as AI Agent Actions) operate only at your direction and on your own data, on a per-request basis.

5.4 Backups

We make commercially reasonable efforts to back up Your Content, but you remain solely responsible for maintaining your own copies. Vivreal’s version history and audit log features are provided as a convenience and are not a substitute for your own backup procedures.

5.5 Content from Third-Party Platforms

When you connect a third-party platform, you may receive into your workspace content originating from that platform’s users (for example, comments on a TikTok post). You agree to handle that content in accordance with the source platform’s terms and applicable law.

6. Acceptable Use

You agree NOT to use the Site or Service to:

• Violate any applicable law, regulation, or third-party right.
• Upload, post, or distribute content that is illegal, defamatory, infringing, harassing, hateful, sexually exploitative, or otherwise tortious.
• Send spam, phishing messages, or other unsolicited communications.
• Distribute malware, viruses, or any harmful code.
• Engage in unauthorized scraping, crawling, or systematic extraction of data from the Service.
• Reverse engineer, decompile, or attempt to derive the source code of the Service.
• Probe, scan, or test the vulnerability of the Service except under our published responsible-disclosure program.
• Resell, sublicense, white-label, or otherwise commercially exploit the Service except as expressly permitted under your subscription.
• Impersonate any person or entity, or misrepresent your affiliation.
• Interfere with the operation of the Service or impose an unreasonable load on our infrastructure.
• Use AI Agent Actions to generate content that violates these Terms or any applicable AI use policy.
• Use the Service to develop a directly competing product.

We reserve the right to investigate suspected violations and to suspend or terminate accounts that violate this section, with or without notice depending on severity.

7. Third-Party Integrations and Connected Platforms

The Service lets you connect third-party platforms ("Connected Platforms") including TikTok, Instagram, Facebook, X (Twitter), LinkedIn, Stripe, and Mailchimp. By connecting a Connected Platform you:

• Authorize us to access and act on the platform on your behalf using the credentials or OAuth tokens you provide.
• Agree that your use of each Connected Platform is governed by that platform’s own terms and privacy policies, which apply in addition to ours.
• Are solely responsible for your compliance with each Connected Platform’s developer policies, content policies, and rate limits, including TikTok’s Developer Terms of Service, Meta’s Platform Terms, X’s Developer Agreement, LinkedIn’s API Terms, and Stripe’s Services Agreement.
• Acknowledge that we are not responsible for the availability, content, accuracy, or conduct of any Connected Platform, and that suspension, deprecation, or modification of a Connected Platform’s API may prevent us from providing related features.

You may revoke a Connected Platform’s access at any time through that platform’s settings or by removing the integration in Vivreal. We will delete the associated OAuth tokens within thirty (30) days of revocation.

8. Intellectual Property

8.1 Our IP

The Service, the Site, and all underlying software, design, content (other than Your Content), logos, trademarks, and documentation are owned by Hill Bomb Creations or our licensors and are protected by United States and international intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service in accordance with these Terms.

8.2 Your Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant Hill Bomb Creations a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

8.3 Trademarks

"Vivreal" and the Vivreal logo are trademarks of Hill Bomb Creations LLC. You may not use them without our prior written consent.

9. AI-Generated Output

The Service includes AI-powered features ("AI Features") such as AI Agent Actions. AI Features generate output based on your inputs and the data inside your workspace. You acknowledge that:

• AI output may be inaccurate, incomplete, or unsuitable for your use case.
• You are solely responsible for reviewing AI output before relying on, publishing, or acting on it.
• We make no warranty that AI output is original, non-infringing, or factually correct.
• We are not liable for any decisions you make in reliance on AI output.

You agree not to use AI Features to violate any law, infringe any third-party right, or generate content prohibited by Section 6.

10. Privacy and Data Protection

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. If you are subject to the GDPR, the UK GDPR, or similar data-protection laws, our Data Processing Addendum (available on request at hello@vivreal.io) applies to our processing of personal data on your behalf.

11. Group Workspaces

Vivreal workspaces are group accounts with role-based access control (owner, admin, member). Group owners and administrators are responsible for:

• Inviting and removing members.
• Configuring permissions and integrations.
• Ensuring all members comply with these Terms.
• Activity attributed to the workspace.

If you are added to a workspace owned by another organization, that organization controls the workspace and its data.

12. Suspension and Termination

12.1 By You

You may terminate these Terms at any time by closing your account through the account settings page.

12.2 By Us

We may suspend or terminate your access immediately, with or without notice, if:

• You materially breach these Terms.
• We are required to do so by law or governmental order.
• Your account is delinquent on payment for more than thirty (30) days.
• We reasonably believe your continued access poses a security or legal risk to us, other users, or third parties.

12.3 Effect of Termination

• Your access to the Service ends.
• We will retain your data for the periods described in the Privacy Policy.
• You may request a one-time export of Your Content within thirty (30) days of termination at no charge.
• Sections that by their nature should survive — including Sections 5.2, 5.3, 6, 8, 9, 13, 14, 15, 16, and 17 — survive.

13. Disclaimers

THE SITE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL CODE; THAT IT WILL MEET YOUR REQUIREMENTS; OR THAT AI OUTPUT WILL BE ACCURATE OR FIT FOR YOUR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(A) NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(B) HILL BOMB CREATIONS’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED US DOLLARS ($100).

THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, (ii) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT FULLY APPLY TO YOU.

15. Indemnification

You will defend, indemnify, and hold harmless Hill Bomb Creations and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) Your Content; (b) your use of the Service; (c) your violation of these Terms or applicable law; or (d) your violation of any third-party right, including any Connected Platform’s terms.

16. Confidentiality

If we share with you non-public information about the Service (including beta features, pricing not generally available, security information, or our roadmap), you will (a) use it only to evaluate or use the Service, (b) protect it with at least the care you use for your own confidential information of similar sensitivity (and no less than reasonable care), and (c) not disclose it to any third party without our prior written consent. This obligation survives for three (3) years after disclosure.

17. Governing Law; Arbitration; Class Action Waiver

17.1 Governing Law

These Terms are governed by the laws of the State of Arizona and applicable US federal law, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.2 Informal Resolution

Before filing a claim, you and Hill Bomb Creations agree to try to resolve the dispute informally. You will first send a written notice describing the dispute and proposed resolution to hello@vivreal.io and to the mailing address in Section 21. If we cannot resolve the dispute within thirty (30) days, either party may proceed under Section 17.3.

17.3 Binding Arbitration

You and Hill Bomb Creations agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted in English by a single neutral arbitrator. The seat of arbitration is Maricopa County, Arizona; hearings (if any) may be conducted by telephone or video at your option. Each party bears its own fees and costs except as the AAA Rules require otherwise. Judgment on the award may be entered in any court of competent jurisdiction.

17.4 Class Action Waiver

YOU AND HILL BOMB CREATIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate the claims of more than one party.

17.5 30-Day Right to Opt Out

You may opt out of this arbitration agreement by emailing hello@vivreal.io with the subject line "Arbitration Opt-Out" within thirty (30) days of first accepting these Terms. Your opt-out will not affect any other provision of these Terms. If you opt out, disputes will be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you and Hill Bomb Creations consent to the personal jurisdiction of those courts.

17.6 Carve-Outs

Notwithstanding Sections 17.3 through 17.5, either party may (a) bring an individual action in small-claims court, or (b) seek injunctive or other equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual property rights. Coordinated mass-arbitration proceedings of more than fifty (50) substantially similar claims may, at our option, proceed in court.

17.7 Severability of Arbitration Provisions

If the class action waiver in Section 17.4 is found unenforceable, then the entirety of Section 17 (other than this sentence) is null and void.

18. Modifications

We may modify these Terms from time to time. If we make material changes, we will give notice by email and by posting a notice on the Site at least thirty (30) days before they take effect (or as soon as practicable for changes required by law). Continued use after the effective date constitutes acceptance. If you do not accept the modified Terms, you must stop using the Service before the effective date and may close your account; we will refund any prepaid fees for unused portions of your subscription on a pro-rata basis.

19. Force Majeure

Neither party will be liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, civil disturbance, governmental action, network or utility outages, denial-of-service attacks, or pandemic.

20. Export Controls

The Service may be subject to United States export-control laws. You agree not to export, re-export, or transfer the Service or related technical data, directly or indirectly, in violation of those laws or to any embargoed country, denied person, or prohibited end-use.

21. General

21.1 Entire Agreement

These Terms, our Privacy Policy, and any order forms or written agreements expressly referenced constitute the entire agreement between you and Hill Bomb Creations regarding the Service and supersede any prior agreements.

21.2 Severability

If any provision is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remainder will continue in effect.

21.3 No Waiver

Our failure to enforce any provision is not a waiver of our right to enforce it later.

21.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of substantially all of our assets.

21.5 No Third-Party Beneficiaries

Except as expressly stated, these Terms create no third-party beneficiary rights.

21.6 Independent Contractors

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Hill Bomb Creations.

21.7 Electronic Communications

You consent to receive communications from us electronically. Notices to you are deemed given when sent to your account email; notices to us must be sent to:

21.8 Headings

Section headings are for convenience only and have no legal effect.