Terms of Service

Last updated: September 1, 2026

Agreement to Terms

These Terms of Service ("Terms") are a contract between you and Use Vivify, LLC, an Ohio limited liability company (“we,” “us”, “our”, or “Vivify”) governing your access to and use of UseVivify.com (“the Website”). 

These Terms constitute a legally binding agreement between you and Vivify. By using the Website and any associated services, you (1) acknowledge that you have read and understood these Terms; and (2) accept these Terms and agree that you are legally bound by them. If you do not agree to any of these Terms, do not use or access Website.

Who May Use This Service

The Website is intended only for users that are 18 years of age or older. If you are younger than 18 years of age, you represent and warrant that you are accessing the Website with the permission of a legal guardian. If you're using the Website on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and the organization.

Permitted and Prohibited Use

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

• To impersonate or attempt to impersonate Vivify, a Vivify employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Vivify or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Website.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Website.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy, available at [URL]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Warranties and Disclaimers

THE WEBSITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOUR USE OF AND RELIANCE ON THE WEBSITE AND ANY CONTENT AVAILABLE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING, USAGE, OR TRADE. 

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, TO THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WE FURTHER DO NOT WARRANT THAT THE SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS. 

Links to Third Party Sites. 

The Website may contain links to third-party websites or other resources that we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. We do not endorse, and we shall not be responsible or liable for, any content, advertising, products, or other materials on or available from such sites or resources.

For your protection, please refer to the terms of service and privacy policies of those respective websites.  You acknowledge, understand, and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, any such content, goods, or services available on such other websites. We shall not be liable for any errors or delays in the content, goods, or services available on such other websites, or for any actions taken or not taken in reliance thereon. The links are provided “as is” and use of such links is at your own risk.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW,  USE VIVIFY, LLC, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, DISTRIBUTORS, LICENSORS, EMPLOYEES, AND AGENTS (THE “VIVIFY PARTIES”) ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY, ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY BUSINESS INTERRUPTION, LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, VIVIFY PARTIES WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE, OR FROM YOUR DOWNLOADING OF ANY CONTENT OR MATERIALS FROM THE WEBSITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION OR CUSTOMER DATA STORED ON OUR COMPUTERS AND/OR SERVERS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE AND ASSOCIATED SERVICES.

THE VIVIFY PARTIES’ AGGREGATE LIABILITY FOR ANY CLAIM – WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY – ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Indemnification

You agree to indemnify, defend, and hold the Vivify Parties harmless from any claims, damages, losses, and expenses (including reasonable attorneys' fees) which may arise from or be related to (1) the information that you input into the Website; (2) your use of the Website; (3) your violation of these Terms, or (4) your violation of any law or third-party right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 

You agree that if you are dissatisfied with Vivify or any services offered in connection with the Website, do not agree with any part of these Terms, or have any other dispute or claim with or against Vivify with respect to these Terms or the Website, your sole and exclusive remedy is to discontinue using the Website.

Intellectual Property Ownership

All content on the Website, including data compilations, design, copy, and underlying software, as well as the Website itself, the software, design, brand, documentation, and displayed trademarks, logos, and services marks, is the property of Use Vivify, LLC or its data providers and is protected by applicable intellectual property laws. You agree that you will not take any actions inconsistent with our ownership of the Website, any trademarks or trade dress, and any content on the Website that has not been uploaded by you.  You may not reproduce or redistribute any content without our written permission.

Nothing contained on the Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark or Content that is not yours or has not been licensed to you.  Our trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. 

License to You

If you create an account to use our services, we grant you a limited, nonexclusive, nontransferable, revocable license (without the right to sublicense) to make use of the portions of the Website requiring a client account for the any approved purpose, regardless of the medium by which the Website is accessed by you (e.g., via a web or mobile browser). You may view, copy, download, or print materials from the Website for approved purposes only. This license does not include any rights not specifically enumerated herein.

Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials not owned by you on the Website. You may only use the materials and content on the Website as expressly permitted in these Terms and for no other purpose. Any unauthorized use of any content or materials on the Website is strictly prohibited and may violate copyright, patent, and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

Feedback 

If you send us feedback, suggestions, or ideas, we can use them without obligation to you. We won't associate feedback with you publicly without your consent.

Termination

You can stop using the Website at any time. We reserve the right to suspend or terminate your access to the Website at any time if (1) you violate these Terms; (2) we are required to do so by law; or (3) we reasonably believe your use of the service creates risk of liability for the Website, other users, or third parties. Upon termination, your access to the Website and associated services will cease. See our Privacy Policy for retention details.

You acknowledge that your use of the Website is at our sole discretion and your access to the Website may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the Website, to terminate any user’s account, where applicable, and to alter or delete any material submitted to the Website through the user’s account, where applicable. Following termination of your access to the Website, these Terms shall apply to the extent practicable.

Service Changes and Availability

We reserve the right to add, change, or remove features to the Website. We may take the Website offline for maintenance. We aim for high availability but don't guarantee uninterrupted or error-free service.

The information on the Website may contain typographical errors or inaccuracies, and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, pricing, and availability. We also reserve the right to limit the scope of services (including after you have submitted your request). We apologize for any inconvenience this may cause you.

Changes to Terms

We may update these Terms at any time. Continued use of the service after that date constitutes acceptance of the updated Terms.

General

Governing Law. These Terms are governed by the laws of the State of Ohio, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Ohio, and you consent to the jurisdiction of those courts.

Privacy Policy. All information we collect on this Website is subject to our Privacy Policy. By visiting or using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which is hereby incorporated by reference into these Terms.

Entire agreement. These Terms, together with the Privacy Policy and any additional terms we make available for specific features, are the entire agreement between you and Vivify regarding the use of the Website. These Terms shall not be modified except as provided for herein or in writing, signed by an authorized representative of Vivify. 

No waiver. If we don't enforce a provision, that's not a waiver of our right to enforce it later.

Severability. If any provision is held unenforceable, the rest of the Terms remain in effect.

Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Reasonable. You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms reflect a fair and reasonable allocation of risk between you and Vivify, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.

Survival. The provisions of these Terms that by their sense and context are intended to survive the performance of the Terms shall survive termination of these Terms, including provisions relating to disclaimer of warranties, licensing, ownership, damage limitations, venue, jurisdiction, and indemnification.

Notices. Where required, we may give notice to you by a general posting in the Website, by electronic mail, or by conventional mail to your address of record. You may give notice to Vivify by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Website, or your dealings with Vivify, please contact us at: hello@usevivify.com or via phone at (513) 991-1008.