Terms and Conditions

1. Definitions

The Website is owned and operated by Vivantio. In these terms and conditions, "we", "us" or "Vivantio" means Vivantio Limited (registered in England, company number 4952363) and Vivantio Inc (registered in California, corporation number 3300449).

"The Website" means all pages at vivantio.com and any sub-domains operated by Vivantio.

"Content" means any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of the Website.

"You" or "User" refers to any person accessing the Website.

2. Access to Website and Content

The information provided on the Website is not in any way an invitation or recommendation to buy any products or services featured on the Website.

Vivantio reserves the right to suspend or restrict access to the Website at any time, and to modify or remove any Content without notice. Vivantio shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Website.

We make no warranty that the Website will be available without interruption or that it will be free of error.

3. Intellectual Property

The copyright in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, belongs to Vivantio Limited, its subsidiaries or the providers of such information. All rights reserved.

You may view and use the Website for personal, non-commercial purposes only. You may not copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content without the express prior written consent of Vivantio.

Any data or content you submit to the Website grants Vivantio a world-wide, exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner and for any purpose.

4. Exclusions of Liability

The Website and all Content are provided "as is" without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, Vivantio disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Vivantio makes no warranty or representation that:

• the Content is accurate, complete, or current;
• the Website will be available at any particular time or location;
• any defects or errors will be corrected; or
• the Website is free of viruses or other harmful components.

Vivantio's liability for any claim arising out of or relating to your use of the Website is excluded to the fullest extent permissible by law. Vivantio shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the Website.

Nothing in these terms and conditions shall limit or exclude liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited or excluded by law.

5. Access

You agree not to:

• adapt or circumvent the systems and processes in place to protect the Website;
• access the Website by any means other than through the interfaces provided by Vivantio;
• use automated tools to scrape, crawl, or otherwise extract data from the Website without prior written consent;
• use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or
• use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

6. Data Submitted by Users

You are responsible for ensuring that any data you submit to the Website is accurate, lawful, and does not infringe the intellectual property or other rights of any third party.

Vivantio will handle any personal data you provide in accordance with its Privacy Policy. If you submit data in connection with use of the Vivantio platform or services, the Data Processing Addendum also applies.

7. General

If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Our failure to enforce any provision of these terms and conditions shall not be construed as a waiver of our right to enforce that provision at a later time.

Vivantio may update these terms and conditions at any time. Continued use of the Website after changes are posted constitutes your acceptance of the revised terms.

These terms and conditions constitute the entire agreement between you and Vivantio relating to your use of the Website and supersede all prior representations, agreements, or understandings.

8. Governing Law

If you are resident in the United States, these terms and conditions shall be governed by the laws of the Commonwealth of Massachusetts and any disputes shall be subject to the exclusive jurisdiction of the courts of Massachusetts.

For all other users, these terms and conditions shall be governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If you have any questions about these terms and conditions, please contact us at [email protected].