Vivariam

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Vivariam, Inc. ("Vivariam," "we," "us," or "our") governing your access to and use of the Vivariam website (vivariam.com), smart reptile enclosure systems, mobile applications, and other online services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. If you are accessing or using the Services on behalf of a business or entity, you represent and warrant that you have the authority to bind that business or entity to these Terms and that you agree to these Terms on behalf of that business or entity.

2. Changes to Terms

We may revise these Terms from time to time. If we make changes, we will notify you by revising the date at the top of these Terms and, in some cases, we may provide you with additional notice (such as adding a statement to our website or sending you a notification). We encourage you to review these Terms regularly to stay informed about our practices.

Your continued use of our Services after the revised Terms have become effective indicates that you have read, understood, and agreed to the current version of these Terms.

3. Privacy Policy

Our Privacy Policy describes the information we collect, how we use and share it, and your rights related to that information. By using our Services, you also agree to our Privacy Policy.

4. Account Registration

To use certain features of our Services, you may need to create an account. When you register for an account, you must provide accurate and complete information and keep this information up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

We reserve the right to disable any user account at any time, including if you have failed to comply with any provision of these Terms, or if activities occur on your account that would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.

5. Products and Purchases

5.1 Product Information

We make every effort to display our products and their features as accurately as possible. However, we do not guarantee that product descriptions, images, specifications, pricing, or other content on our Services is accurate, complete, reliable, current, or error-free.

5.2 Ordering and Payment

All orders placed through our Services are subject to our acceptance. We may refuse or cancel any order for any reason at any time. When you place an order, you represent and warrant that you are authorized to use the payment method provided.

Prices for products are subject to change without notice. We reserve the right to correct any errors, inaccuracies, or omissions in pricing and product information at any time and to cancel any orders arising from such errors.

5.3 Shipping and Delivery

You are responsible for providing accurate shipping information. We are not liable for delays or errors in shipping due to inaccurate information. Delivery timeframes provided are estimates and not guarantees.

5.4 Returns and Refunds

Our return and refund policy is available on our website. By purchasing through our Services, you agree to the terms of this policy.

6. Hardware and Software

6.1 Hardware Products

The Vivariam smart reptile enclosure system ("Hardware") is designed to help you monitor and control environmental conditions for reptiles. The Hardware is sold subject to the limited warranty provided with your purchase.

6.2 Software and Mobile Applications

Your use of our software, including our mobile applications ("Software"), is subject to these Terms and any End User License Agreement (EULA) or other terms that accompany the Software. The Software is licensed, not sold, to you, and Vivariam retains ownership of all copies of the Software. You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.

6.3 Software Updates

The Software may automatically download and install updates from time to time. These updates are designed to improve, enhance, and further develop the Services and may include bug fixes, enhanced functions, or new Software versions. By using the Software, you agree to such automatic updates.

7. Use of Services

7.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:

In any way that violates any applicable federal, state, local, or international law or regulation.
To transmit any material that is defamatory, obscene, or offensive.
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
To attempt to interfere with the proper working of the Services.
To attempt to gain unauthorized access to any part of the Services, other accounts, or computer systems or networks connected to the Services.

7.2 Content Standards

Any content you submit through our Services, including reviews, comments, and feedback, must comply with the following standards:

It must not be defamatory, obscene, offensive, hateful, or inflammatory.
It must not infringe any copyright, trademark, or other intellectual property right.
It must not contain any material that is false, inaccurate, or misleading.
It must not violate the legal rights of others or contain any material that could give rise to civil or criminal liability.

8. Intellectual Property

8.1 Vivariam Intellectual Property

The Services, including all content, features, and functionality, are owned by Vivariam or its licensors and are protected by United States and international intellectual property laws. You may not copy, modify, create derivative works, publicly display, publicly perform, republish, or transmit any material from our Services without our prior written consent.

8.2 Trademarks

The Vivariam name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Vivariam or its affiliates or licensors. You may not use such marks without the prior written permission of Vivariam.

8.3 User Content

By submitting any content to our Services, you grant Vivariam a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, publish, distribute, and display such content in connection with the Services and Vivariam's business.

9. Disclaimers

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY VIVARIAM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. VIVARIAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIVARIAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIVARIAM DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, VIVARIAM'S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM VIVARIAM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIVARIAM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

11. Indemnification

You agree to defend, indemnify, and hold harmless Vivariam, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

12. Dispute Resolution

12.1 Governing Law

These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

12.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by binding arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a single arbitrator. The place of arbitration will be San Francisco, California. The language to be used in the arbitral proceedings will be English.

12.3 Class Action Waiver

ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

13. Termination

We may terminate or suspend your access to all or part of the Services, including by terminating or suspending your account, immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

15. Entire Agreement

These Terms, our Privacy Policy, and any other terms expressly referenced herein constitute the sole and entire agreement between you and Vivariam with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

16. Contact Information

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

Email: [email protected]