Timeline. Unless any delays arise, which are not caused by VIV, VIV shall complete the initial design of Merchant’s website and/or mobile application (as applicable, the “Website”) within 7 business days after the Effective Date. Merchant shall approve the Website or notify VIV of any requested changes or modifications to the Website within 14 business days. Merchant’s failure to notify VIV of its approval or any requested changes or modifications to the Website within such fourteen (14) day period, the Website shall be approved, and VIV shall have no liability to Merchant for VIV taking the Website live online; provided, however, that VIV agrees to make any reasonable changes and modifications and update the Website thereafter. Any requested changes or modifications shall be completed by VIV within 25 business days of receipt, and VIV shall thereafter take the Website live online. VIV reserves the right to refuse any requested changes, modifications or updates thereafter for any reason whatsoever. Notwithstanding any of the foregoing, VIV shall have no liability for any delays to the above Website timeline which are not caused by VIV or otherwise beyond VIV’s control, and, if the Website is not “live” within twenty-one (21) days from the Effective Date, Merchant hereby authorizes VIV to charge Merchant’s account for the full amount of the agreement and begin billing.

TERMS AND CONDITIONS

The following terms and conditions (the “Terms and Conditions”) are attached to and form a part of that certain Agreement for Marketing Services (the “Agreement”) effective as of the date the Agreement has signed the Merchant (the “Effective Date”). As used herein, the term Merchant shall mean that person or entity identified in the Agreement as the Merchant and the term “VIV” shall mean Vivache Paymints, LLC, an Indiana limited liability company, having an address at 10999 Stahl Road, Newburgh, Indiana 47630. VIV and Merchant may each be referred to as a “Party” and collectively, as the “Parties”.

Merchant and VIV hereby agree to the following Terms and Conditions:

1.1. Term. If applicable, Social Media Posting and Blogging services shall commence on the Effective Date and continue for a period of six (6) months and shall thereafter automatically renew for additional consecutive six (6) month periods unless either Party provides at least thirty (30) days advance written notice of non-renewal of such services to the other party prior to the end of the then-current term. If applicable, Website Design/Mobile Application Design services and VIV Search (Core Local) Listing services shall commence on the Effective Date and continue for a one (1) year period and shall thereafter automatically renew for additional consecutive one (1) year periods unless either Party provides at least thirty (30) days advance written notice of non-renewal of such services to the other party prior to the end of the then-current term. VIV may at any time during the Term (i) change, modify, or amend the monthly fees charged to Merchant under this Agreement or (ii) change, modify, amend or discontinue one or more of the services provided under this Agreement; provided, however, that VIV shall provide thirty (30) days prior notice to Merchant in the event VIV discontinues any service. Notwithstanding the foregoing, VIV reserves the right to terminate this Agreement effective immediately upon the occurrence of (i) a breach by Merchant of the Agreement or these Terms and Conditions; or (ii) any actual or alleged fraud, misconduct, or illegal activity by Merchant. VIV reserves the right to terminate this Agreement effective immediately without any cause or reason.

1.2. Early Termination Fee. An early termination fee of the remaining balance of the contract will be owed by Merchant to VIV if the Agreement is canceled by Merchant prior to the expiration of the Initial Term or Renewal Term.

2.1. Social Media Posting. The following Terms and Conditions shall be applicable to any Social Media Posting services provided to Merchant under this Agreement:

A. Social Media Accounts. The Social Media Posting services consists of VIV posting no more than once a business day (12:00 a.m to 11:59 p.m. Monday through Friday, except national and bank holidays) on not more than two of the following social media platforms: Facebook, Twitter and Google Plus (collectively, “Social Media Accounts”). Merchant agrees to activate and maintain during the performance of the Social Media Posting services by VIV hereunder the required Social Media Accounts. VIV is not responsible for activating, creating and maintaining Social Media Accounts. Merchant shall provide VIV all applicable login credentials to the applicable Social Media Accounts and shall promptly send VIV any updates, modifications or changes to Merchant’s login credentials. Merchant acknowledges and agrees that VIV will have full access to the applicable Social Media Accounts and hereby grants VIV access to such Social Media Accounts. VIV is not responsible for any delays in its Social Media Posting services due to the Merchant’s failure to comply with any of the above.

B. Content. All content posted by VIV on the Merchant’s applicable Social Media Accounts shall be owned exclusively by VIV. Merchant hereby grants VIV a non-exclusive, royalty-free license to any and all trademarks, copyrights or other intellectual property of Merchant which may be used by VIV in the performances of the Social Media Posting services hereunder. Upon termination of the Social Media Posting services for any reason whatsoever, Merchant shall, and VIV shall have the right following any such termination to, remove any and all posts by VIV on the applicable Social Media Accounts.

2.2. Blogging. The following Terms and Conditions shall be applicable to any Blogging services provided to Merchant under this Agreement:

A. Content. All blogs and other writings posted on behalf of Merchant shall be owned exclusively by VIV. Merchant hereby grants VIV a non-exclusive, royalty-free license to any and all trademarks, copyrights or other intellectual property of Merchant which may be used by VIV in the performances of the Blogging services hereunder. Upon termination of the Blogging services for any reason whatsoever, Merchant shall, and VIV shall have the right following any such termination to, remove any and all blogs or blog posts created by VIV on behalf of Merchant.

B. Content Management System (Website Structure). Merchant acknowledges and agrees that VIV works solely within WordPress for purposes of its Blogging Services. Merchant agrees to maintain a website on a WordPress Content Management System, or such other system approved by VIV during the duration of the performance of the Blogging Services hereunder. To the extent VIV blogs or posts on a website of Merchant not created by VIV hereunder, such website must be constructed in a WordPress Content Management System or such other system approved by VIV. VIV is not responsible for any delays in Blogging services caused by Merchant’s failure to maintain a website with a content management system not approved by VIV and Merchant shall be responsible for any and all costs and fees associated with any new websites created by or for Merchant in order to comply with the terms hereof.

2.3. Website/Mobile Application Design. The following Terms and Conditions shall be applicable to any Website/Mobile Application Design services provided to Merchant under this Agreement:

A. Timeline. Unless any delays arise, which are not caused by VIV, VIV shall complete the initial design of Merchant’s website and/or mobile application (as applicable, the “Website”) within 7 business days after the Effective Date. Merchant shall approve the Website or notify VIV of any requested changes or modifications to the Website within 14 business days. Merchant’s failure to notify VIV of its approval or any requested changes or modifications to the Website within such fourteen (14) day period, shall be deemed approval of the Website, and VIV shall have no liability to Merchant for VIV taking the Website live online; provided, however, that VIV agrees to make any reasonable changes and modifications and update the Website thereafter. Any requested changes or modifications shall be completed by VIV within 25 business days of receipt, and VIV shall thereafter take the Website live online. VIV reserves the right to refuse any requested changes, modifications, or updates thereafter for any reason whatsoever. Not with standing any of the foregoing, VIV shall have no liability for any delays to the above Website timeline which are not caused by VIV or otherwise beyond VIV’s control, and, if the Website is not “live” within sixty (60) days from the Effective Date, Merchant hereby authorizes VIV to charge Merchant’s account for in the sum of the lesser of (i) $500.00 or (ii) $95 per hour for each hour spent by VIV to complete the design of the Website.

B. Content. Merchant agrees to timely provide all content used by VIV in the Website. VIV shall not be responsible for any incorrect or inaccurate content supplied by Merchant (“Merchant Content”). All photos, images, and other content must be delivered to VIV in a digital format and must comply with all applicable laws, including but limited to trademark, copyright, and other intellectual property laws. Except for trademarks and trade names of Merchant, all content, websites, domain names, registrations and other such property used in connection with the Website and the creation of the Website shall be owned exclusively by VIV. Merchant hereby grants VIV a non-exclusive, royalty-free license to any and all trademarks, copyrights or other intellectual property of Merchant which may be used by VIV in the Website. Merchant is responsible for ensuring that any and all content submitted to VIV is original content and does not and will not infringe on any third-party copyrights, trademarks, or other intellectual property rights. Merchant assumes full responsibility and hereby

releases VIV from any and all liability for any claims of infringement arising from the Website. VIV shall have the absolute right, at any time and with or without notice to Merchants to (i) suspend, disable, block, restrict or limit access to Merchant’s Website (defined herein) or any portion thereof and/or (ii) take down and remove content or material from the Website, if doing so, in VIV’s sole judgment, is necessary or advisable in order to comply with any applicable law or regulation or to protect Merchant or its corporate affiliates from actual or potential claims or liabilities, or for any content or material which VIV determines is offensive (including any pornographic images, any foul language, disparaging remarks, references to illegal substances, derogatory remarks regarding the religion, sexuality, politics, appearances or other characteristics or beliefs of any other person or entity, etc.).

C. Changes. The Website services provided hereunder includes monthly service and support which includes minor changes and updates to the Website. Merchant may request a change or modification to the Website at any time following the Website going “live” provided that such changes and modifications include any features and options provided and paid for in the initial Website and approved by VIV in its sole discretion. Merchant understands and agrees that it will be charged for any features or options that were not initially included in the Website services based on a separate quote provided by VIV. If changes outside of your initial invoice are requested, you will be provided with a separate quote for said changes. Except for any changes or modifications approved by VIV hereunder, once the Website goes “live,” Merchant agrees that VIV has satisfactorily rendered its Website services and that the Website is functional to the Merchant's satisfaction.

D. Domain Transfers. Merchant shall be responsible for the costs, fees and expenses related to any necessary domain transfers.

E. Hosting Issues/Exemptions. VIV is not responsible for any downtime or other issues arising from any server malfunctions. The Parties understand and acknowledge that VIV undertakes commercially reasonable efforts to operate the Website under Google’s “Webmaster Guidelines” and makes no representations, warranties, or guarantees on any search engine optimization rankings. VIV is not responsible for any downtime, issues or security relating to the operation of the Website if the Website is not hosted on VIV’s server.

2.4. Alyrt Text Marketing / Rewards Services. The VIV Rewards Terms and Conditions and Privacy Policy apply to the Text Messaging Services and can be found at the following links: http://login.alyrt.co/terms_of_use.asp

2.5. VIV Search (previously known as Core Local) Listings. The following Terms and Conditions shall be applicable to any VIV Search Listings services provided to Merchant under this Agreement:

A. Disclaimers. Merchant acknowledges and agrees that (i) certain services may involve the distribution of Merchant Content and/or other interactions with third parties (the “Publishers”) that own or operate online business directories, search websites, social media websites, mobile apps or other online properties (the “Publisher Sites”); (ii) all Merchant Content shall be subject to the Publishers’ character limits, quality standards and other applicable content policies, and that any such content may be rejected, in whole or in part, by a Publisher at any time in its sole discretion, or modified at any time to comply with such policies; (iii) VIV does not guarantee that any Merchant Content will be displayed on any Publisher Site; and (iv) the appearance and/or location of any Merchant Content may change at any time. Merchant further acknowledges and agrees that VIV shall have no liability for any Publisher Sites, including their availability or any change in the Publisher Sites, for any decision by a Publisher to reject or modify any content submitted, or for any other decision, change or other action described in clauses (ii), (iii), or (iv) of the preceding sentence.

B. Updates and Additional Terms. VIV reserves the right to update, improve, replace, discontinue, modify or alter the specifications for or functionality of the services from time to time. Merchant agrees that its use of and access to certain services are subject to the “Relationship with Publishers” (defined below), and are incorporated into, and form a part of, this Agreement.

C. Relationship with Publishers.

A. VIV may add new publishers (“Publishers”) to your subscription from time to time. If a Publisher that is included in Merchant’s subscription is dropped from the network, or if that Publisher no longer accepts listings from clients that are not small businesses, then such Publisher will no longer be included in your subscription.

B. Publishers that are included in a subscription may incorporate Merchant’s location data within their databases and may make the location data available to their respective data clients both during and after the term of this Agreement. Notwithstanding anything herein to the contrary, certain features of listings (for example, synchronization and directory publications) may not apply to data aggregators, submission Publishers or navigational Publishers.

C. Merchant may be required by certain Publishers to agree to such Publishers’ terms and conditions or other policies regarding use of such Publisher Sites. In such event, if Merchant wishes to have content published on such Publisher’s site, Merchant hereby agrees to comply with all such terms. Upon any actual or alleged failure to comply with such terms, in addition to VIV’s other rights and remedies, VIV will have the right to immediately suspend access to that Publisher or suspend the provision of the applicable Service subscription(s) until such failure is cured by Merchant and/or, if directed by the Publisher, to terminate the applicable Service subscription.

D. Some features may require VIV to access, on Merchant’s behalf, Publisher accounts and, as applicable, to post content to and/or retrieve content from such accounts. By using a feature that requires VIV to access such accounts, Merchant hereby consents to and authorizes VIV to access such accounts and, as applicable, to post content to and retrieve content from such accounts.

E. The locations purchased may be located in any country unless prohibited by law.

F. Duplicate suppression is available no more often than once every three months. VIV makes no guarantee that all duplicate listings will be identified and removed.

G. Photos and Videos. VIV may allow Merchant to link to and share public photos and videos posted on various social media sites. Merchant hereby represents and warrants to VIV that it has the full legal right, power, and authority to share, display or link any such photos or videos collected via this feature. Merchant further represents and warrants that it will not use this feature in a manner that would be: (i) unlawful, or (ii) infringe, violate, or otherwise interfere with any intellectual property right, privacy right, or publicity rights of another party. VIV reserves the right to withdraw Merchant’s access to this feature at any time and for any reason.

3.1. Terms for Paid Advertising

A. Ad Spend Allocation: Merchant agrees to a monthly ad spend budget as outlined in the Agreement. This budget will be used by VIV to purchase paid advertising on behalf of the Merchant across various platforms as specified in the Agreement.

B Unused Ad Spend: Any unused portion of the agreed-upon monthly ad spend will not be forfeited. Instead, it will be carried over to the following months and applied to future advertising efforts until the entire allocated budget is exhausted.

C. Budget Adjustments: Merchant may request changes to the monthly ad spend budget with a 30-day notice. Any adjustments will be reflected in the following month's billing cycle.

D. Termination:  Cancellation of ad spend must be given a 30-day written notice. 

4.1. Representations and Warranties; Disclaimer. Each Party represents and warrants that this Agreement constitutes its valid and binding obligations and is enforceable against it in accordance with the terms of this Agreement. VIV disclaims all other representations and warranties, whether implied by operation of law or otherwise, including, without limitations, any implied warranties of merchantability, fitness for a particular purpose, non-infringement and any representations or warranties arising from a course of performance, course of dealing or usage of trade. This Section 3.1 shall survive the termination of this Agreement or any services provided hereunder.

5.1. Payments. Merchant shall make the upfront payment specified in the Agreement (the “Upfront Payment”) upon the Effective Date. Monthly payments shall be due and payable on each month thereafter as specified in the Agreement. Merchant is responsible for any costs and fees associated with any rejected automated funds transfers or chargebacks in addition to a fee of Twenty-five Dollars ($25.00) per occurrence. Merchant agrees to pay interest on any unpaid sums at the lesser of (a) the rate of eighteen percent (18%) per annum, compounded monthly or (b) the maximum rate allowed by applicable law.

6.1. Termination of Analytics and Software Subscription Services: Upon the termination or cancellation of services with VIV ("the Company"), the Client understands and agrees that the Company will cease maintaining access to any analytics accounts and related data. The Client acknowledges that once the cancellation is processed, the Company will terminate access to the Client's analytics accounts at a time of its choosing and all associated data will be permanently deleted. Furthermore, the Company is not responsible for maintaining or managing any third-party software subscriptions or services, including but not limited to analytics software, after the termination of the Client's contract. It is the sole responsibility of the Client to make alternative arrangements prior to cancellation if they wish to retain any data or services. The Client agrees that the Company shall not be liable for any loss of data or services once the cancellation is in effect and the deletion of accounts has occurred.

7.1. Indemnity. Merchant shall defend, indemnify and hold harmless the VIV and its affiliates, and each of their respective officers, directors, employees and agents from and against any and all liabilities, losses, damages, claims, causes of action, judgments, lawsuits, and expenses (including attorneys’ fees and litigation expenses) in connection with any third-party claim to the extent resulting from or based upon any of the following: (a) breach of this Agreement or any representation of Merchant hereunder (b) failure of Merchant to pay any sums due hereunder; (c) based on any content created by VIV or supplied by Merchant for any of the services provided hereunder; (d) any negligent act, error or omission of Merchant; (e) fraud or other misconduct of Merchant; (f) any claims of infringement of copyright, trademark, patent or any other intellectual property right; or (g) otherwise related to the services provided by VIV under this Agreement. Neither VIV nor any of its third-party content providers shall be liable for any damages, of any kind, whether direct, indirect, incidental, consequential, or punitive, otherwise, for any lost revenues or profits of any Merchant.

8.1. Privacy Statement. The Parties understand that, in connection with the services provided hereunder, VIV may collect additional personal information of Merchant including, but not limited to: credit card numbers, account number, bank account information, other financial or business information, personal clientele information, and any combination of personal information that could be used to determine Merchant’s or third parties’ identity(ies) (“Personally Identifiable Information”). Except as set forth herein, VIV shall not share any Personally Identifiable Information with any other third party. Personally Identifiable Information collected by VIV shall be securely stored and is not accessible to third parties or employees of VIV except for use as indicated herein. VIV has entered into and will continue to enter into partnerships and other affiliations with a number of vendors, which vendors may have access to certain Personally Identifiable Information on a need-to-know basis for evaluating authorized merchants eligible for services provided by VIV. Merchant understands and acknowledges that VIV’s privacy policy does not cover such vendor’s collection or use of this information. VIV may disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release such information. All employees of VIV are familiar with VIV’s security policy and practices. The Personally Identifiable Information of Merchant is only accessible to a limited number of qualified employees. VIV shall take commercially reasonable measures to maintain the security of Personally Identifiable Information. Merchant understands and agrees that electronic communications and databases are subject to errors, tampering, and break-ins, and VIV cannot, and does not, guarantee or warrant that security breaches will not take place. VIV shall not be liable to Merchants for any such occurrences.

9.1. Marketing. VIV may reference Merchant (by name or logo) as a client of VIV and may use the Website and reference Merchant’s Social Media Accounts in its marketing materials.

10.1. Limitation of Liability. In no event shall VIV be liable to Merchant for any amounts in excess of the sums paid by Merchant to VIV for the services provided hereunder during the twelve (12) months preceding the event giving rise to any claims by Merchant.

11.1. WAIVER OF JURY TRIAL. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVER THEIR RIGHT, IF ANY, WHICH EITHER OR BOTH OF THEM WILL HAVE TO RECEIVE A TRIAL BY JURY WITH RESPECT TO ANY CLAIMS, CONTROVERSIES OR DISPUTES WHICH WILL ARISE OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF.

12.1. Attorney Fees. In the event VIV is the prevailing party in any legal proceedings relating to this Agreement, VIV will be entitled to recover against Merchant, in addition to all other remedies or damages, reasonable attorney fees and costs incurred in such proceedings.

13.1. Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. The Parties hereby agree and consent that the exclusive, proper and preferred venue of any claim or cause of action concerning this Agreement shall lie in the Vanderburgh Circuit or Superior Courts in Evansville, Indiana, or the United States District Court for the Southern District of Indiana, Evansville Division.

14.1. Agreement Signature: As the person signing on behalf of the business designated on the Agreement as the Merchant, I certify that I am an owner, partner or officer of the Merchant and have been duly authorized to sign this Agreement and bind the Merchant to the Agreement. Merchant hereby acknowledges and agrees that Merchant has read this Agreement and agrees to be bound by the Terms and Conditions. Merchant (and Guarantor when applicable) certifies that all information provided in this Agreement is true, correct and complete. Merchant and VIV agree that the Agreement and the transaction contemplated thereby may be transacted electronically and the electronic signatures thereon shall be deemed original signatures for all purposes. By signing the Agreement, I agree that all fees have been sufficiently explained to me. As an authorized signer on the checking account identified in the Agreement, I authorize VIV to perform electronic funds transfer debit and/or credits from the account for payments due or when applicable, apply electronic funds transfer credits. It is my responsibility to inform VIV of any bank changes on recurring transactions. By signing this Agreement, I understand and authorize all of the above charges and agree to the term of contract outlined in the Terms and Conditions, and each term following unless cancelled 30 days prior to the end of the current term. All monthly dues are prorated for the first month and charges begin within 10 days after the date signature on this Agreement. In the event I cancel this agreement before the end of the initial term, I understand that VIV will charge me the total of the remaining monthly fees at the time of cancellation in addition to the Termination Fee. I also agree that if I cancel the credit card processing agreement, but wish to maintain my VIV marketing services, my monthly fee for these services will change to the applicable monthly fee.

15.1. ADA Compliance: If [Customer] should decline to participate in the AudioEye Services, [Customer] acknowledges that it is solely responsible for compliance with digital accessibility requirements enforced through current and future federal, state, and international laws and regulations including but not limited to the Americans with Disabilities Act (ADA), the Unruh Civil Rights Act, the Canada Accessibility Act, the Accessibility for Ontarians with Disabilities Act (AODA), among others.

Vault IQ Terms of Service

Please read these Terms of Service ("Terms") carefully. The provision of information and services on builtbyviv.com (the "Site") operated by Vivache Paymints, LLC ("VIV", "We", "Us" or "Our"), is conditioned upon your acceptance of and compliance with these Terms. These Terms constitute an agreement between Vivache Paymints, LLC and you governing your use of the Site (including both mobile and online versions), as well as the services that we make available through the Site and all associated features, applications, and Content (as defined below) (collectively, the "Services"). THESE TERMS ALSO CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES USE OF ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS.



By using the Services you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the Terms or our Privacy Policy, do not use the Services.

These Terms will change over time, in which case we will post the modified Terms on the Site. We may, in our sole discretion, notify you by email or with an announcement posted on the Site if the Terms are altered in a way that materially affects your rights. Please check these Terms frequently as Your continued use of the Services following a change to these Terms signals your acceptance of the modification(s).

1. Digital Services License

Subject to and conditioned upon your strict compliance with all terms and conditions set forth in this Agreement, We hereby grant to you a non-exclusive, non-transferable, non-sublicensable, limited license during the Term to use, solely by and through its Authorized Users, the VIV code and user interface affiliated with builtbyviv.com ("Software"), solely as set forth in this Section and subject to all conditions and limitations set forth in this Agreement. This license grants you the right, exercisable solely by and through your Authorized Users, to use and run the Software as properly installed in accordance with this Agreement. THERE ARE NO REFUNDS OR RETURNS unless expressly stated otherwise. All prices are generally displayed in United States Dollars.

The Software may include software, content, data, or other materials that are owned by Persons other than us and that are provided to you on terms that are in addition to and/or different from those contained in this Agreement ("Third-Party Licenses"). You are bound by and will comply with all Third-Party Licenses. Any breach by you or any of your Authorized Users of any Third-Party License is also a breach of this Agreement.

2. Accounts

When you create an account with us, you represent that you are at least 18 years old, and that the information you provide to us in connection with your account is accurate, complete, and current at all times. Providing inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

You agree that you are responsible for, and agree to abide by, all laws, rules and regulations applicable to your use of the Services, your use of any tool, product or service offered on the Site, and any transaction you enter into through the Site or in connection with the Site.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or with your password, whether your password is with our Services or a third-party service. You must notify us immediately info@builtbyviv.com of any unauthorized use of your account, password, or username, or any other breach of security, but you will remain responsible for any unauthorized use of your account. You will not sell, transfer, or assign your account or any account rights.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

3. Communications

By creating an account on our Site and selecting to receive marketing and/or promotional materials from us, you are opting in to receive newsletters, marketing or promotional materials, and other information we may send to you via email from time to time. You may opt out of receiving promotional communications from us by following the unsubscribe link or instructions provided in any email we send.

4. Your License of Data and Content

As between You and VIV, You retain any intellectual property rights in your content. By using our services, you grant us a worldwide, non-exclusive, royalty-free license to:

• Host, reproduce, distribute, and publish your content,
• Modify and create derivative works,
• Sublicense these rights to others for service operation.

This applies to content you submit. Separately, VIV retains rights to anonymized data collected through its services, as described in the Client Data License, for broader use, including product development and marketing.

5. Client Data License

Clients agree that VaultIQ may collect and use data processed through its services for internal purposes and contribute it to the VaultIQ Data Co-op. While VaultIQ will link this data to its origin, this linkage information will not be disclosed to other parties within the Co-op. VaultIQ retains the right to use, sell, or otherwise distribute this data for product development, marketing, and broader insights, ensuring that any shared data is anonymized and does not disclose identifiable client information.

6. Purchases

We may use third-party services to process payments made through the Site. By submitting your payment information, you authorize such information (including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and CVV number) to be used by third party payment processing companies, subject to their Privacy Policy. You also represent and warrant that: (i) You have the legal authority to use the payment card information you are submitting through the Site; and (ii) The information you supply to us is true, correct and complete. Such transactions shall also be subject to the terms and conditions of the third-party service provider.

We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, suspected fraud or unauthorized, illegal transaction, or failure to comply with the terms and conditions of the third-party service provider.

7. Use Restrictions

By using the Site and the Services, you agree that you will not:

• Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms associated with the Services by any means whatsoever and/or for any purpose whatsoever;
• Appropriate, modify, reproduce, or disseminate any source or object code or any software or other products, tools, or processes associated with or accessible through the Services;
• Use the Services to verify email addresses that you have obtained unlawfully or that you are not authorized to possess or process;
• Engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to VIV (including, without limitation, for purposes of sending unsolicited advertising or distributing email messages in violation of applicable laws or regulations);
• Engage in any activity that interferes with access to the Services or the proper operation of the Services, or otherwise may cause harm to the Services, VIV, or other Users;
• Harvest or otherwise collect or store any information through the Site (including email addresses or other personal data);
• Attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services; or
• Otherwise violate these Terms or any applicable additional terms

8. Availability, Errors and Inaccuracies

ALTHOUGH WE ATTEMPT TO KEEP INFORMATION ON THE SITE CURRENT, CONTENT ON THE SITE SHOULD NOT BE CONSIDERED TO BE ERROR-FREE OR A COMPREHENSIVE SOURCE OF ALL INFORMATION. WE ARE CONSTANTLY UPDATING OUR PRODUCT AND SERVICE OFFERINGS AND MAY EXPERIENCE DELAYS IN UPDATING INFORMATION REGARDING THE SERVICES. VIV MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE CONTENT OF THE SITE, AND ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED UPON THE INFORMATION ON THIS SITE. PRODUCTS OR SERVICES MAY BE MISPRICED, DESCRIBED INACCURATELY, OR UNAVAILABLE, AND WE CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION FOUND ON THE SITE. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THESE TERMS AND CONDITIONS AND ON THE SITE. FURTHER, WE RESERVE THE RIGHT TO CHANGE OR UPDATE INFORMATION AND TO CORRECT ERRORS, INACCURACIES, OR OMISSIONS AT ANY TIME WITHOUT PRIOR NOTICE.

9. Contests, Sweepstakes and Promotions

Any contests, coupons, sweepstakes or other promotions (collectively, "Promotions") made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

10. Content

By collecting and processing data on or through the Services, You represent and warrant that: (i) the data is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms and the Privacy Policy; and (ii) That the use of the data on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

We take no responsibility and assume no liability for the data you collect and/or use. However, by collecting data using the Services you grant us the right and license to use, modify, and reproduce, such data on and through the Services. VIV has the right but not the obligation to monitor and edit all data provided by users.

11. Intellectual Property

All content of our website and services is the copyrighted material of VIV, or the appropriate contributor, as applicable, and is protected by the United States and international copyright, trademark and other applicable laws. The website and service include content, appearances and design, as well as trademarks, product names, graphics, logos, slogans, colors and designs that are the property of VIV, or other third parties, as applicable. Except as set forth in the relevant license agreements, nothing contained in our website or services grants any license or other right to any VIV intellectual property or any third-party's intellectual property. The appropriate party reserves complete title and interest to its intellectual property on or associated with the website and/or services. You may not copy (other than a copy for personal use, provided you do not remove any trademark, copyright or any other notice contained in the content), modify, distribute, alter, display, reproduce, transfer or republish any of the data of our website and/or services without obtaining the written permission of the website and/or services, as applicable.

You acknowledge and agree that the Software are provided under license, and not sold, to you. You do not acquire any ownership interest in the Software, or any other rights thereto, other than to use the same in accordance with the license granted and subject to all terms, conditions, and restrictions under this Agreement. We reserve and will retain their entire right, title, and interest in and to the Software and all Intellectual Property Rights arising out of or relating to the Software, except as expressly granted to you in this Agreement. You will use reasonable efforts to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. You will promptly notify us if you become aware of any infringement of our Intellectual Property Rights in the Software and fully cooperate with us, at our sole expense, in any legal action taken by us to enforce its Intellectual Property Rights.

12. Links To Other Websites

The Site may contain links to third-party websites or services that are not owned or controlled by VIV.

VIV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services and cannot guarantee that such third-party content will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein.

You acknowledge and agree that VIV 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 or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

13. Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You may terminate this Agreement (except for any provisions which by their nature are intended to survive) by ceasing to use and destroying all copies of the Software.

14. Indemnification

You agree to defend, indemnify and hold harmless VIV and its affiliates, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: (i) Your use and access of the Services, by You or any person using your account and password; (ii) A breach of these Terms; or (iii) Content posted on the Services.

15. Limitation of Liability

IN NO EVENT SHALL VIV, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. VIV'S AGGREGATE MONETARY LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO VIV IN THE TWELVE MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH CLAIM.

16. Disclaimer

You use the Services at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. You must ensure your own compliance with applicable law such as the CAN-SPAM Act, the Telephone Consumer Protection Act, and the Telemarketing Sales Rules, among other things.

VIV its subsidiaries, affiliates, and its agents do not warrant that: (i) the Services will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Services are free of viruses or other harmful components; or (iv) the results of using the Services will meet your requirements.

THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, AND ON BEHALF OF OUR AFFILIATES AND ITS AND OUR RESPECTIVE AFFILIATES AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

You are responsible for your own compliance with, and you indemnify us, for your own compliance with the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.

17. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

18. DMCA Notice

If you are a holder (or agent thereof) of copyright or other proprietary rights, and you believe that any Services infringe upon such proprietary rights, you may submit a notice to here: info@builtbyviv.com pursuant to the Digital Millennium Copyright Act by submitting the following information in writing to our copyright agent: (1) the signature (physical or electronic) of the holder (or agent thereof) of a proprietary right that is allegedly infringed; (2) identification of the work or multiple works alleged to have been infringed; (3) identification of the material that allegedly infringes or is the subject of infringing activity that is requested to be removed or otherwise modified with information reasonably sufficient to permit us to locate the material; (4) Contact information for us to contact you, including an address, telephone number and/or e-mail address; (5) Your statement that you have a good faith belief that use of the material in question is not authorized by the holder of the proprietary rights, its agent or otherwise under law; and (6) Your statement that the information in the notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the allegedly infringed work. You acknowledge that your failure to comply fully with these requirements may result in an invalid notice under the Digital Millennium Copyright Act.

19. Governing Law

These Terms shall be governed and construed in accordance with the laws of Indiana state, United States, without regard to its conflict of law provisions.

20. Miscellaneous

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.

We make no representation that any products, services, or information described or provided through the Site or Services are appropriate or available for use in locations outside the United States or all territories within the United States.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The Software may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You will not, directly or indirectly, export, re-export, or release the Software to, or make the Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You will comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Software available outside the US.

The Software is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if work for the US Government or a contractor therefor, you will receive only those rights with respect to the Software as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government users and their contractors.

21. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Changes to these Terms will be effective immediately upon posting on this page with an updated effective date.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms, including potential usage of your logo in our marketing materials. If you do not agree to the new terms, you are no longer authorized to use the Services.

22. Notices, Questions and Contact Information

You agree that we may give you notices or otherwise respond to you by mail or to your email address, or in any other manner reasonably elected by us. All legal notices to us must be sent to: 10999 Stahl Road Newburgh IN 47630. If you have a question regarding the Site or these Terms, you may contact us by sending an email to info@builtbyviv.com or by visiting this page. You acknowledge that we have no obligation to provide you with customer support of any kind, and that customer service personnel cannot change or waive these Terms.

23. Dispute Resolution

BY USING THE SERVICES, YOU AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO SUCH SERVICES AND/OR THESE TERMS OF, WILL BE DETERMINED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT IN THE UNITED STATES. YOU AGREE THAT, BY AGREEING TO THESE TERMS OF SERVICE, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION WILL SURVIVE TERMINATION OF THIS AGREEMENT AND THE TERMINATION OF YOUR ACCOUNT.

If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written Notice of your claim ("Notice"). The Notice must be addressed to: VIV, 10999 Stahl Road Newburgh IN 47630 ("Notice Address"). If VIV initiates arbitration, it will send a written Notice to the email address used for your account. A Notice, whether sent by you or by VIV, must: (a) Describe the nature and basis of the claim or dispute; and (b) Set forth the specific relief sought ("Demand"). If VIV and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or VIV may commence an arbitration proceeding or file a claim in small claims court.

The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this agreement, and will be administered by the AAA. Unless VIV and you agree otherwise, any arbitration hearings will take place in Warrick County in Indiana state, U.S.A. The arbitrator's award will be final and binding on all parties, except: (1) For judicial review expressly permitted by law; or (2) If the arbitrator's award includes an award of injunctive relief against a party, in which case that party will have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that will not be bound by the arbitrator's application or conclusions of law. Arbitration will occur before one (1) arbitrator selected under the AAA rules.

YOU AND VIV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and VIV agree otherwise, the arbitrator may not consolidate more than one person's claims with Your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision will be null and void.

Vault IQ Privacy Policy

At Vivache Paymints, LLC ("Company" or "We" or "VIV") we respect the privacy of customers and users and are committed to protecting it through our compliance with this policy. Any capitalized terms that are not defined in the policy shall have the definitions given to them in the Terms of Service.

This policy describes the types of information we may collect from you or that you may provide when you visit the website builtbyviv.com (our "Website") to use our Services and our practices for collecting, using, maintaining, protecting, and disclosing that information ("you", "Customer" or "User").

On the Website. In email, text, and other electronic messages between you and this Website. Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.

It does not apply to information collected by: Any other website operated by Company or any third party; or Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

1. Children Under the Age of 18

Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at: info@builtbyviv.com

California residents under 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.

By using the Website, You represent and warrant that you will not submit information of anyone under the age of 18 without parental consent.

2. Information We Collect and How We Collect It

We collect several types of information from and about users of our Website and Services, including information: By which you may be personally identified, such as name, physical address, e-mail address, telephone number, ("personal information"); That is about you, but individually does not identify you; About your internet connection, geolocation, the equipment you use to access our Website, and usage details; and/or IP Address, Session Data, Cookies, Browsing Patterns and Engagements.

We collect this information: Directly from you when you provide it to us. Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies. Automatically, as you use our application and browser extension or otherwise, as applicable. From third parties, for example, our business partners, or services such as Gravatar.

2.1. Information You Provide to Us

The information we collect from you may include: Information that you provide by filling in forms on our Website. This includes information provided at the time of using our Website, subscribing to our service, otherwise providing us with information. We may also ask you for information when you report a problem with our Website. Information provided relating to Your points of contact or other employees related to Subscription Services. Records and copies of your correspondence (including email addresses), if you contact us. Information normally contained on a resume, curriculum vitae or job application. Information regarding references for you.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

2.2. Information Collected by Our Services

If embedded into your website, you and VIV will have access to first-party data regarding users on your website. This data includes CRM information such as names, addresses, phone numbers, emails, and other data collected through cookies and our proprietary software. VIV may collect and process this first-party data for internal research, development, and legally compliant advertising, as well as for contributions to the VaultIQ Data Co-op. While VIV will link this data to its origin, this linkage information will not be disclosed to other parties within the Co-op.

By using our services, you grant VIV permission to access, use, share, and sell the information collected. You agree that we may access, use, track, and transfer first-party data you collect for internal research, product development, marketing, and advertising purposes.

You represent and warrant that you have the rights to collect the information processed through your website, and you indemnify and hold us harmless against any claims related to information we collect on your website.

2.3. No Sensitive User Content

Customer and User acknowledge that the Website, Subscription Service, or any related service is not intended for use with protected health information under HIPAA, credit card numbers, financial account numbers, or other similarly sensitive personal information, and that Customer assumes all risk arising from request or use of any such sensitive information, including the risk of any inadvertent disclosure or unauthorized access thereto.

2.4. Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, or use our services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: Details of your visits to our Website, including location data and other communication data, and the resources that you access and use on the Website. Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to: Estimate our audience size and usage patterns. Store information about your preferences, allowing us to customize our Website according to your individual interests. Speed up your searches. Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear GIFs, pixel tags, and single-pixel GIFs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

3. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information: To present our Website and its contents to you. To provide you with information, products, or services that you request from us. To fulfill any other purpose for which you provide it. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. To notify you about changes to our Website or any products or services we offer or provide through it. In any other way, we may describe when you provide the information. For any other purpose with your consent.

4. Disclosure of Your Information

We may disclose aggregated information about our Users and Customers, and information that is not related to an identifiable individual, in accordance with our Data Processing Agreement.

We may disclose personal information that we collect or you provide as described in this privacy policy: To our subsidiaries and affiliates. To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of VIV's assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by VIV about our Website users is among the assets transferred. To fulfill the purpose for which you provide it. For any other purpose disclosed by us when you provide the information. With your consent.

We may also disclose your personal information: To comply with any court order, law, or legal process, including to respond to any government or regulatory request. In support of this and other agreements, including for billing and collection purposes. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of VIV, our Customers, Users, or others.

5. Consent to Record

VIV may record telephone calls between it and Users, or between Customers and Users for quality control and analysis. By using our Services, Customers and Users consent to the recording of these telephone calls.

6. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

7. Tracking Technologies and Advertising

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

8. Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also email us at info@builtbyviv.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Use.

9. Data Security

VIV maintains appropriate administrative, technical and organizational measures, internal controls, and data security routines intended to protect Customer and User Content against accidental loss or change, unauthorized disclosure or access, or unlawful destruction. Notwithstanding the foregoing, Customer and User acknowledge and agrees that hosting data online involves risks of unauthorized disclosure or exposure and that, in accessing and using the Subscription Service, Customer assumes all such risks. VIV offers no representation, warranty, or guarantee that User Content will not be exposed or disclosed through errors or the actions of third parties. VIV will not be responsible for any distribution, publication, display, or other disclosure of User Content or by Users via the Subscription Service

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

We retain your data for as long as is required to process transactions requested by you and for as long as you have an account with Us. Your Personal Information is retained by Us for historical and analytical purposes until you request deletion, or we delete it at our sole discretion.

10. Data Analytics

We use certain third-party web analytics services, such as Google Analytics, to help us understand and analyze how visitors use the Site. For further information about how Google may use data it collects through the Site you may click here, or click here to learn more about opting out of Google Analytics data collection.

Your web browser may have settings that allow you to transmit a "Do Not Track" signal when you visit various websites or use online services. Like many websites, our Site is not designed to respond to "Do Not Track" signals received from browsers. To learn more about "Do Not Track" signals, you may wish to visit allaboutdnt.com.

11. Links To Other Websites

This website may link to websites not operated by us. As such, we do not control or monitor the information provided on those websites, and they are subject to their own legal and privacy policies. Over time, the content of those websites may change or disappear. It is your sole responsibility to use discretion and to review their privacy policies and legal compliance.

12. Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

13. Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: info@builtbyviv.com



To register a complaint or concern, please email us at: info@builtbyviv.com

VIV
Attention: Privacy Inquiry
10999 Stahl Road
Newburgh IN 47630 USA

Vault IQ Acceptable Use Policy

1. Introduction We developed VaultIQ to make it easy to collect first-party data and increase the efficiency of digital marketing. Our belief has always been that if we can do this at scale, we can play an influential part in improving the experience for millions of people online. This belief has driven us to reduce the friction of signing up for our service and also fuels our desire to make it easy to get value from our product. So far our approach has worked: VaultIQ is running on many websites and we continuously hear from customers that we are helping them improve the experience for their users, benefitting both our customers and their users. However, not everything is perfect. Given the rate of change online, its tremendous growth, and the ease of publishing, it's not practical for VaultIQ to know all of its users nor the exact nature of their websites. While we believe the majority of people on this planet are good-natured, our product might be used in ways we never intended. It's also conceivable that some websites running the VaultIQ script might not be in alignment with VaultIQ's Core Values. The intent of this Policy is to make it clear to anyone who uses VaultIQ (free or paid) what behavior or content is not acceptable for sites using our service. We will take action against sites that are discovered to be in violation of this Policy. This Policy is a living document and will be updated as necessary. Continued use of VaultIQ requires compliance with this Acceptable Use Policy as well as our Terms of Service and Privacy Policy.
2. NON-Acceptable uses of VaultIQ If the content on your website contains information that is conducting or promoting any of the below, or if you intend to leverage VaultIQ to do any of the below, please don't sign up for VaultIQ. If you already have an account (whether free or paid) you must stop using VaultIQ on the offending site or cancel your account. The following constitutes behavior and content that are NOT acceptable uses of VaultIQ: Sites performing, promoting, suggesting, or soliciting illegal activities. Harassment, bullying, defamation, stalking, and threats. Hateful content. A website using VaultIQ must not contain content that meets the following criteria nor can a VaultIQ account be used to do any of the following: Promote or condone hate, violence, or discrimination against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status, or other forms of discriminatory intolerance. Promote or support organizations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause. Child exploitation, sexualization, or abuse. We don't tolerate any activities that create, disseminate, or otherwise cause child abuse. Sites selling counterfeit goods; or sites allowing, performing or facilitating any infringement of third party intellectual property rights. Malware or spyware. This includes using VaultIQ to inject, infect, spread, etc. malware or spyware. Phishing or otherwise attempting fraud. It is not okay to lie about who you are or who you affiliate with to steal from, extort, or otherwise harm others. Spamming. No one wants unsolicited emails, text, or other communication. Violence, or threats thereof. This includes activities on your site that qualify as a violent crime where you live, or in the United States of America where VaultIQ is based, or if you are leveraging VaultIQ to plan, conduct, assist, commit, or threaten this kind of activity. Any actions that do not support the privacy rights of an individual. This includes capturing, selling, or sharing personal data without their consent. For the purposes of clarity, other prohibited examples include doing any of the following without an end user's consent: It's foreseeable that a website's content or their use of VaultIQ may extend to new areas not currently documented in this Policy. When and if this occurs we will take the same action of investigation and enforcement to determine if a site/account is acting against the spirit of this Policy. We reserve the right to do this as needed. When a situation like this occurs we will use our Core Values to guide our final decision and update this Policy if appropriate.
3. Reporting a concern Do you know of a site that is violating this Policy? Or do you suspect a site might be violating the Policy? If so, please contact us so we can investigate. Simply email us at info@builtbyviv.com. Please share as much as you are comfortable with about the site, the content or behavior you are reporting, and how you found it. In addition to the URL, sending us screenshots is helpful since content can quickly be removed or changed.