Terms of Service

1. Eligibility

Direct registration (teachers and administrators): To create an account directly on the Viva platform, you must be at least 18 years of age and authorised to act on behalf of a school or educational institution, or be accessing Viva in a personal professional capacity.

Student accounts — self-registration: Students who register directly for Viva must be at least 13 years of age. By registering, you represent and warrant that you meet this minimum age requirement. Viva does not knowingly permit direct account creation by children under the age of 13.

Student accounts — institutional enrollment: Schools may enroll students under the age of 13 ("younger students") through their institutional Viva account. Schools that enroll younger students represent and warrant that:

• They have obtained all necessary verifiable parental or guardian consent as required by the Children's Online Privacy Protection Act (COPPA) and any applicable state or national laws.
• They have complied with all applicable school board or institutional policies regarding student data and consent.
• They will promptly notify Viva if any enrollment or consent becomes invalid.

Viva reserves the right to verify age and eligibility and to suspend or terminate accounts that do not meet these requirements.

2. Teacher and Administrator Responsibilities

Teachers and administrators who use Viva to manage classes and assign oral assessments accept the following responsibilities:

Consent and Disclosure

• You are responsible for obtaining any student or parental consent required by your institution, school district, or applicable law before enrolling students in Viva or assigning them to complete oral assessments.
• You must inform students (and parents or guardians where required) that sessions are conducted by an AI interviewer, that audio and transcripts will be recorded and processed, and that scores will be shared with the teacher and school.
• You must not enroll students in Viva if your institution has not approved the use of third-party EdTech tools that involve AI processing of student data.

Accurate Setup

• You are responsible for accurately configuring assignments, including providing correct rubrics, subject matter, and student lists.
• You must ensure that student accounts are associated with the correct individuals and that class rosters are kept up to date.
• You must not impersonate a student or complete an assessment on a student's behalf.

Supervisory Duty

Teachers retain supervisory responsibility over all assessments administered through Viva. You should review AI-generated scores in the context of your broader knowledge of each student and exercise professional judgment before using scores in any formal academic capacity.

3. Acceptable Use

By using Viva, you agree not to engage in any conduct that violates these Terms, any applicable law, or the rights of others. Prohibited conduct includes:

Impersonation and Fraud

• No impersonation: You must not impersonate another student, teacher, or person, or complete an oral assessment on behalf of someone else. Each assessment must be completed by the registered student it is assigned to.
• No identity fraud: You must not use fictitious identities, share login credentials, or otherwise circumvent account-level identity verification.

Gaming the AI System

• No AI manipulation: You must not attempt to manipulate, deceive, or exploit the AI interviewer or scoring systems through scripted responses, prompt injection, or other techniques designed to produce artificially inflated scores.
• No automated responses: You must not use bots, scripts, text-to-speech tools, or any automated system to generate or deliver responses during an oral assessment session.
• No reverse engineering: You must not attempt to probe, extract, or reverse-engineer the AI models, scoring algorithms, or system prompts used by Viva.

General Prohibited Conduct

• Using the Service for any unlawful purpose or in violation of any applicable regulations.
• Uploading or transmitting malicious code, viruses, or harmful content.
• Interfering with or disrupting the integrity or performance of the Service or its underlying infrastructure.
• Scraping, harvesting, or extracting data from the Service without written authorisation.
• Accessing the Service in a way that exceeds normal usage patterns, including through automated means that could overload our servers.

Viva reserves the right to investigate suspected violations and to suspend or terminate access to any account engaging in prohibited conduct, without prior notice.

4. AI Disclaimer — Scores Are Advisory

Viva uses large language models and voice AI to assess student oral responses. These systems, while powerful, are not infallible. AI assessments may be affected by:

• Variations in audio quality, background noise, or microphone differences.
• Accents, dialects, or non-standard speech patterns that differ from training data distributions.
• Ambiguous or open-ended questions where multiple correct responses exist.
• Subject areas at the edge of the AI's knowledge or where rubric guidance is limited.

Teachers are responsible for reviewing AI-generated results alongside their own professional assessment of student knowledge and ability. Viva scores should be treated as one data point among many, not as definitive measures of student competence.

Viva expressly disclaims any liability arising from the use of AI-generated scores as the sole basis for academic, disciplinary, or credentialing decisions.

5. Intellectual Property

Student Work

Student submissions, oral responses, and the content of interview sessions are the intellectual property of the student (or the school, where applicable under the school's policies). Viva does not claim ownership of student-generated content.

By submitting content through the platform, students and schools grant Viva a limited, non-exclusive, royalty-free licence to process, store, transmit, and analyse that content solely for the purpose of providing the Service. This licence does not permit Viva to use student-generated content for marketing, model training (except where separately consented to), or any purpose beyond service delivery.

Viva Platform

All software, algorithms, user interface designs, branding, Viva Card formats, documentation, and other materials comprising the Viva platform are the exclusive property of Viva AI, Inc. and are protected by copyright, trademark, trade secret, and other applicable intellectual property laws.

You may not copy, modify, distribute, reverse-engineer, disassemble, or create derivative works based on any portion of the Viva platform without our prior written consent.

Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant Viva a perpetual, irrevocable, worldwide, royalty-free licence to use that feedback for any purpose without obligation or compensation to you.

6. Account Termination

Termination by You

You may close your account at any time by contacting support@vivacheck.org or through your account settings. Schools may request the deletion of all institutional data upon contract termination. Upon account closure, we will delete or anonymise your data in accordance with our Privacy Policy retention schedule.

Termination by Viva

Viva reserves the right to suspend or terminate your account, with or without notice, if we determine in our reasonable discretion that:

• You have materially breached these Terms and have not remedied the breach within 10 days of notice (where cure is possible).
• You have engaged in conduct that poses a security risk, legal liability, or reputational harm to Viva or other users.
• Your account appears to be involved in fraudulent, abusive, or illegal activity.
• Continued operation of your account would violate applicable law.

For institutional accounts, termination will ordinarily be effected at the contract level and subject to the terms of the applicable school agreement. Individual teacher or student accounts within an institution may be suspended pending investigation without terminating the institutional agreement.

Effect of Termination

Upon termination, your right to access the Service ceases immediately. Provisions of these Terms that by their nature should survive termination — including intellectual property ownership, disclaimers, limitation of liability, and governing law — shall survive.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIVA AI, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT SHALL VIVA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU OR YOUR SCHOOL TO VIVA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if Viva has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in full. In such cases, Viva's liability shall be limited to the greatest extent permitted by applicable law.

Disclaimer of warranties: The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Viva does not warrant that the Service will be uninterrupted, error-free, or that AI-generated assessments will be accurate or complete.

8. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Informal resolution: Before initiating any formal dispute, you agree to contact Viva at privacy@vivacheck.org and provide a written description of the dispute. The parties agree to attempt good-faith resolution for at least 30 days before pursuing formal proceedings.

Arbitration: If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except where prohibited by law. The arbitration shall take place in Wilmington, Delaware, or remotely by mutual agreement. You and Viva each waive any right to a jury trial or to participate in a class action.

Exceptions: Either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Claims arising under FERPA or other federal education laws are not subject to arbitration to the extent prohibited by such laws.

For institutional customers, dispute resolution may be governed by the separate written agreement between Viva and the school or district, which shall take precedence over these Terms in the event of a conflict.

9. Changes to These Terms

We may update these Terms from time to time to reflect changes in the Service, legal requirements, or our business practices. When we make material changes, we will:

• Post the revised Terms on this page with an updated "Last updated" date.
• Send an email notification to the primary contact on record for all institutional accounts at least 30 days before the changes take effect.
• For significant changes affecting student data rights, notify affected schools with no less than 30 days' advance notice.

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of those Terms. If you do not agree to the revised Terms, you must discontinue use of the Service and contact us to close your account.

10. Data & AI Ethics

How we use AI in assessment

Viva uses AI systems — including large language models and voice synthesis — to generate interview questions, conduct oral sessions, and score student responses. We are committed to using these systems responsibly, transparently, and in ways that respect the rights of students and educators.

AI scores are advisory, not determinative

Assessment scores generated by Viva are signals to inform teacher judgment — not final grades. We design our interfaces to make this clear and do not support the use of Viva scores as the sole basis for high-stakes academic decisions without human review.

Bias monitoring and fairness

We actively test our scoring models for disparate impact across language background, disability, age, and other protected characteristics. Where we identify systematic disparities, we investigate and address them. Schools may request a copy of our current bias evaluation report by contacting privacy@vivacheck.org.

No student data for model training without consent

We do not use student interview data to train or fine-tune our AI models without explicit, written consent from the school at the institutional level. Any such consent is negotiated separately and may be withdrawn at any time. Our sub-processor agreements with Anthropic and ElevenLabs explicitly prohibit them from using Viva-submitted data for their own model training.

Transparency and explainability

We document our scoring methodology, the rubrics we use, and the models we rely on. This documentation is available to partner schools on request. We believe institutions should be able to understand and audit the tools they use for student assessment.