These Terms of Service (“Terms”) govern your access to and use of the conversational AI services provided by Sum Vivas Ltd (Company Number: 11923412), whose registered office is at B11 Block B Business First, Goodlass Road, Liverpool, L24 9HJ, (“Sum Vivas,” “we,” “our,” or “us”) through our website located at www.sumvivas.com and via various third-party communication platforms including, but not limited to, WhatsApp, Instagram, Facebook Messenger, and Web chat interfaces (collectively, the “Services”).
By accessing, using, or interacting with our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.
1. Acceptance of Terms
By using the Services, you affirm that you are of legal age to enter into these Terms, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. You confirm that you are legally permitted to use the Services in your jurisdiction.
2. Description of Services
Sum Vivas provides conversational AI agents designed to interact with users across multiple digital channels. Our Services utilise artificial intelligence and natural language processing to respond to user queries, provide information, and facilitate interactions.
You acknowledge that the Services are powered by AI and that interactions may not always be accurate, complete, or error-free. Responses are generated based on algorithms and available data and should not be considered definitive advice. The Services are intended for general informational and conversational purposes unless explicitly stated otherwise for a specific deployment.
3. User Obligations
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Services in any way that violates any applicable national, regional, or international law or regulation.
- Use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
- Use the Services to transmit any material that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Input or transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Impersonate or attempt to impersonate Sum Vivas, a Sum Vivas employee, another user, or any other person or entity.
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Sum Vivas or users of the Services or expose them to liability.
- Attempt to interfere with, damage, or disrupt any part of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
- Engage in any systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
4. User Content
Any information, messages, text, or other content that you provide or submit through the Services (“User Content”) remains yours. However, by providing User Content, you grant Sum Vivas a non-exclusive, worldwide, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the operation and improvement of the Services (including, but not limited to, training and enhancing the AI models) and for our business purposes, subject to our Privacy Policy.
You represent and warrant that you own or control all rights in and to your User Content and have the right to grant the license granted above to us and our affiliates and service providers, and that your User Content does not violate these Terms or the rights of any third party.
We are not responsible or liable for the content, accuracy, or legality of any User Content. We have the right to remove or refuse to process any User Content for any or no reason in our sole discretion.
5. Intellectual Property Rights
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Sum Vivas, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only, unless agreed otherwise in a separate written agreement with Sum Vivas (e.g., a client contract). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as necessary for their intended use.
The Sum Vivas name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Sum Vivas or its affiliates or licensors. You must not use such marks without the prior written permission of Sum Vivas.
6. Third-Party Platforms
Our Services are delivered across or integrate with third-party platforms (e.g., WhatsApp, Instagram, Facebook Messenger). Your use of these platforms is subject to their respective terms of service and privacy policies, which are separate from and not governed by these Terms or our Privacy Policy. We are not responsible for the practices or policies of these third-party platforms. You must ensure that your use of our Services through these platforms complies with their terms as well as ours.
7. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SUM VIVAS, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, SUCH AS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
9. Indemnification
You agree to defend, indemnify, and hold harmless Sum Vivas, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
10. Termination
We may terminate or suspend your access to all or part of the Services at any time, with or without cause, with or without notice, effective immediately. Without limiting the foregoing, we may terminate your access if you violate these Terms.
Upon termination, your right to use the Services will immediately cease. Sections concerning User Content, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and General Terms shall survive termination.
11. Governing Law and Jurisdiction
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of England and Wales.
12. Changes to the Terms of Service
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
13. General Terms
- Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
- Waiver: No waiver by Sum Vivas of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Sum Vivas to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
- Entire Agreement: These Terms and our Privacy Policy constitute the sole and entire agreement between you and Sum Vivas Ltd regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
- Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any party at any time without notice to you.
14. Contact Information
To ask questions or comment about these Terms of Service, please contact us at:
Sum Vivas Ltd
B11 Block B Business First, Goodlass Road, Liverpool, L24 9HJ
11923412
privacy@sumvivas.com