Terms and Conditions

Effective Date: 22 December 2024

Welcome to eComVivo by VivoApps ("we," "our," or "the Platform"). These Terms and Conditions ("Terms") govern your use of the ecom.vivoapp.xyz website and services ("Services"), which provide users with the ability to create, manage, and run their own e-commerce storefronts ("Storefronts"). By accessing or using our Platform, you agree to comply with these Terms. If you do not agree with these Terms, you should not use the Services.

1. Account Registration

1.1. Eligibility: To use our Services, you must be at least 18 years old or have the legal capacity to enter into a contract in your jurisdiction.

1.2. Account Creation: You are required to create an account to use our Services. You agree to provide accurate, complete, and up-to-date information during registration and maintain the security and confidentiality of your login credentials.

1.3. Account Responsibility: You are responsible for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

2. Use of the Platform

2.1. License to Use the Platform: We grant you a non-exclusive, non-transferable, revocable license to use our Services for the creation and operation of your e-commerce storefront, subject to these Terms.

2.2. Permitted Use: You may only use the Platform for lawful purposes and in accordance with these Terms. You are responsible for ensuring that the content you upload or make available through your Storefront complies with all applicable laws and regulations.

2.3. Prohibited Use: You agree not to:

• Violate any local, state, or international laws while using the Platform.
• Engage in any fraudulent, harmful, or unlawful activities.
• Upload, display, or distribute content that infringes upon intellectual property rights, or that is defamatory, obscene, or offensive.
• Attempt to gain unauthorized access to our system, networks, or databases.

3. Storefront Content

3.1. Ownership of Content: You retain all rights to the content (including product listings, images, descriptions, etc.) you upload to your Storefront. However, by using the Platform, you grant us a worldwide, non-exclusive, royalty-free license to host, display, and distribute such content as necessary for the operation of the Services.

3.2. Content Guidelines: You agree that the content you upload:

• Does not infringe on any intellectual property rights, including copyrights, trademarks, or patents.
• Does not promote illegal activities or harmful behavior.
• Complies with all applicable laws, including data protection and privacy laws.

4. Fees and Payment

4.1. Subscription Plans: You may be required to select a subscription plan to access certain features of the Platform. The pricing and details of the available plans are available on the Platform. You agree to pay all applicable fees, including any taxes, associated with your subscription.

4.2. Billing and Payment: By providing a payment method, you authorize us to charge the fees associated with your subscription plan and any other fees incurred for the use of the Platform. You agree to keep your payment details current.

4.3. Refund Policy: Payments are generally non-refundable. If you believe you are entitled to a refund, please contact our support team for assistance. Any requests for refunds will be handled on a case-by-case basis, in accordance with our Refund Policy.

5. Third-Party Services and Integrations

5.1. Third-Party Services: The Platform may integrate with third-party services, such as payment gateways, shipping providers, or marketing tools. By using these integrations, you agree to comply with the terms and conditions of the respective third parties.

5.2. Third-Party Content: The Platform may display third-party content, including advertisements or external links. We are not responsible for the content, services, or practices of third-party websites.

6. Data Privacy and Security

6.1. Privacy Policy: Our use of your personal data is governed by our Privacy Policy, which is incorporated into these Terms. By using the Platform, you consent to the collection and use of your data as described in the Privacy Policy.

6.2. Data Security: We implement reasonable security measures to protect your data. However, no system can be fully secure, and we cannot guarantee the security of your personal information.

7. Suspension and Termination

7.1. Termination by You: You may cancel your subscription or account at any time through your account settings or by contacting customer support. Upon cancellation, your access to the Platform will be restricted, and you will lose access to certain features.

7.2. Termination by Us: We reserve the right to suspend or terminate your access to the Platform if we believe you have violated these Terms. Termination may occur without prior notice if you engage in any activity that harms the Platform, violates applicable laws, or breaches these Terms.

7.3. Effect of Termination: Upon termination, any rights and licenses granted to you will immediately cease. You may still be liable for any outstanding fees or charges accrued prior to termination.

8. Limitation of Liability

8.1. Disclaimer of Warranties: The Platform is provided "as is" and "as available." We do not warrant that the Platform will be error-free, secure, or meet your specific requirements.

8.2. Limitation of Liability: To the fullest extent permitted by law, we are not liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the Platform, including but not limited to loss of revenue, business interruption, or loss of data.

9. Indemnification

You agree to indemnify, defend, and hold harmless ecom.vivoapp.xyz, its affiliates, employees, and agents from any claims, damages, losses, liabilities, or expenses (including reasonable attorneys’ fees) arising out of or in connection with:

• Your use of the Platform.
• Any content you upload or distribute through your Storefront.
• Your violation of these Terms.

10. Governing Law and Dispute Resolution

10.1. Governing Law: These Terms are governed by the laws of [Your Jurisdiction], without regard to its conflict of law principles.

10.2. Dispute Resolution: Any disputes arising from or related to these Terms will be resolved through binding arbitration in [Location], in accordance with the rules of the [Arbitration Institution].

10.3. Class Action Waiver: You agree that any disputes will be resolved on an individual basis and not as part of a class or representative action.

11. Miscellaneous

11.1. Amendments: We may update or modify these Terms from time to time. When changes are made, we will notify you by posting the updated Terms on the Platform, and the effective date will be updated accordingly.

11.2. Entire Agreement: These Terms, along with the Privacy Policy, constitute the entire agreement between you and us with respect to the use of the Platform and Services.

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

Contact Us

If you have any questions about these Terms, please contact us at:

ecom.vivoapp.xyz
Email: hi@vivoapp.xyz
Phone: +1 (929) 560-0517
Address: 447 Broadway, New York, New York 10013
Otherwise, you can use the contacting form on footer.

By using ecom.vivoapp.xyz, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.