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Viva Terms of Service

1. General

The terms and conditions cover services and equipment bought from Viva Labs(Viva). By using this services, you agree to be bound by these terms. You also accept responsibility for those you grant access to the system. The agreement is onyl valid for private domeciles.

2. Equipment

2.1 Property of the user

Equipment bought from Viva is the property of the user. The warranty follows the regulations at the time of purchase, but Viva does not guarantee that the equipement will support all future functionalities offered by Viva. The warranty does not cover damages caused by external physical effects, like negligence, lightning strikes, fires or floods.

A Viva subscription is required for the equipement to function.

3. Service

3.1 Service level

Viva guarantees a minimum service uptime of 99,9 %, with the exception of planned maintenance, or problems caused by third party providers.

The service requires a stabile broadband connection and power supply in the household. Viva does not accept responsibility for downtime caused by the household’d provider of internet service or electrical power.

4. Privacy

4.1 Data collection

Viva collects data from equipment installed in the home and from the GPS in smart phones with the app installed to adapt heating and control home security and devices. Viva uses sensor data to detect presence in the home, and the mobile phone to identify who is at home.

The solution does not geoposition continuously. It registers distance from the home, movement to and from the home, and movement speed.

Viva can use collected data to improve the solution and help users control the home better, but data will never be displayed publicly in a way that makes it possible to identify individual users.

4.2 Responsibilities of the customer

The customer accepts responsibility for using secure usernames and passwords, that all member of the household have individual usernames and passwords, and that access is not granted to unauthorised persons.

6. Responsibilities and limitations

6.1 Viva is not responsible for damages or losses caused by technical failure or loss or service if not directly related to gross neglience on the part of Viva or its employees.

6.2 Viva is not responsible for damages, losses, or delays caused by war, war-like circumstances, strikes, lockouts, boycots, blockades, natural disasters, or similar events, regardless of whether Viva is part of or victim of such events. These limitations also cover larger events that affect normal Viva operations.

6.3 Viva is not responsible for the consequences of new rules and regulations from public authorities.

6.4 Viva is not responsible for external components (e.g. WiFi-router) connected to the solution, and consequences that may occur from their failure.

6.5 Customers must immediately and in writing, report any damages or circumstance that may lead to claims.

7. Legal avenue

Any disputes related to this agreement or its subject matter will be subject to the jurisdiction of the city court of Oslo, Norway. Norwegian law shall apply.