Vivifi Digital™ Terms of Use: AI-Powered Marketing Agreement

    Effective Date: May 26, 2026

    Welcome to Vivifi Digital (the "Website"), a product of Vivifi Digital LLC. This Terms of Use Agreement (the "Agreement") is made and entered into by and between you and Vivifi Digital LLC doing business as Vivifi Digital™ (the "Company", "us", "we", or "our"). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the "Services").

    1. ACCEPTANCE OF THIS AGREEMENT

    1.1. Acceptance Through Using or Accessing the Services

    Please review the following terms carefully. By accessing or using the Services (or by clicking on "accept" or "agree" to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

    1.2. Eligibility Requirements to Use or Access the Services

    To use the Website or any other Services, you must be (i) at least 16 years old, (ii) not a competitor of or using the Services for purposes that are competitive with the Company.

    By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.

    1.3. Changes to this Agreement

    The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately.

    Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.

    2. ACCESS TO THE SERVICES

    2.1. Changes to Your Access and the Services

    The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.

    2.2. Creating an Account

    You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. All information that you provide will be governed by our Privacy Policy.

    2.3. Account Responsibilities

    You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security.

    3. ARTIFICIAL INTELLIGENCE (AI) SERVICES

    3.1. Nature of AI Services

    The Services may include AI-powered features, including but not limited to AI voice assistants, text-based chatbots, and other automated tools (collectively, "AI Services").

    3.2. Disclosure of AI Interaction

    When you interact with our AI Services, you are communicating with an automated system, not a human representative. We will clearly identify when you are interacting with an AI agent rather than a human. You acknowledge and understand this distinction when using our Services.

    3.3. AI Limitations and Disclaimers

    You acknowledge and agree to the following regarding our AI Services:

    • Inherent Limitations: AI technology has inherent limitations and may occasionally provide incomplete, inaccurate, inappropriate, or unexpected responses.
    • Not Professional Advice: Information provided by our AI Services is for general informational purposes only and should not be considered professional advice.
    • Content Accuracy: AI-generated content may not always reflect our official position, policies, or advice.

    4. POLICY FOR USING THE SERVICES

    4.1. Prohibited Uses

    You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company.

    5. INTELLECTUAL PROPERTY RIGHTS

    You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the "Content"), are owned by Vivifi Digital LLC, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property or proprietary rights laws.

    6. SMS AND TEXT MESSAGING SERVICES

    The text messaging services provided through the Services comply with applicable telecommunications regulations. You are required to adhere to all applicable telecommunications laws and carrier requirements when using any text messaging features. This includes, but is not limited to, obtaining proper consent before sending text messages and honoring opt-out requests.

    Vivifi Digital maintains an online opt-out mechanism where individuals can remove themselves from receiving any text messages from accounts managed by our Services.

    7. LIMITATION OF LIABILITY

    TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES.

    8. DISPUTES

    All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of New Jersey, United States, without giving effect to any conflict of law principles.

    9. CONTACT INFORMATION

    If you have any questions, concerns, or comments about this Agreement, please contact us at:

    EMAIL: support@vivifi.digital