VivaDrive.ai Terms of Service
Effective Date: September 1, 2025
VivaDrive Polska sp. z o.o. ("VivaDrive", "we", "us" or "our")
ul. Dobra 56/66, 00-312 Warsaw, Poland
VAT ID: 7010929600 | Company Registration: 0000789919
Legal Contact: contact@vivadrive.ai
By using VivaDrive's web or desktop applications (the "Service"), you ("Customer" or "You") agree to these Terms of Service. If you accept these terms on behalf of an entity (e.g., a company), you represent that you have the appropriate authority to bind it to this agreement.
1. Definitions
1.1 "Authorized User" – an individual authorized by Customer to use the Service under Customer's account.
1.2 "Customer Data" – all electronic data entered by Customer or Authorized Users into the Service (e.g., texts, files, images, other content).
1.3 "VivaDrive Materials" – the Service, software, documentation, templates, help articles, and other materials provided by VivaDrive.
1.4 "Order" – a document (or online screen) specifying the selected subscription plan, fees, usage limits, and subscription period.
1.5 "Subscription Period" – the time specified in the Order during which Customer may use the Service.
1.6 "User Content" – data entered, uploaded, or stored within the Service.
2. Service
2.1 Provision. Subject to payment of fees and compliance with these Terms, VivaDrive grants Customer a non-exclusive, non-transferable right to use the Service for business purposes during the Subscription Period.
2.2 Hosted Software. VivaDrive retains all intellectual property rights to VivaDrive Materials. Customer acquires no ownership rights therein.
2.3 Updates. VivaDrive may update or improve the Service without removing key features without at least 30 days' notice.
3. Subscriptions, Fees and Payments
3.1 Plans. We offer a free plan and paid plans. Feature scope and pricing are published at vivadrive.ai or specified in the Order.
3.2 Fees. Customer is obligated to pay all amounts specified in the Order. Fees are non-cancellable and non-refundable unless these Terms provide otherwise.
3.3 Payment Methods. VivaDrive accepts payments by card, bank transfer, or invoice (for approved Customers). Subscriptions renew automatically until cancelled.
3.4 Taxes. Prices exclude taxes. Customer is responsible for applicable taxes (VAT and others), excluding taxes on VivaDrive's income.
3.5 Late Payment. Failure to pay within 14 days of due date may result in Service suspension until payment is made.
4. Account, Users and Permissions
4.1 Roles. Customer may designate administrators (manage billing, integrations, settings) and members (users).
4.2 Authentication. Login is via Google or email. Customer is responsible for login credential security.
4.3 Customer Responsibility. Customer is responsible for actions of all Authorized Users.
5. Third-Party Service Integrations
5.1 Supported Integrations. VivaDrive supports integrations with fleet systems (e.g., PZU iFlota, Digital Fleet), GPS systems, ERP, CRM, and others specified at vivadrive.ai.
5.2 Credential Sharing. To enable integrations, Customer may be required to share authentication credentials. Customer represents having the right to use them and bears full responsibility for their security. VivaDrive is not responsible for third-party service operation.
6. Customer Data and Privacy
6.1 Data Collection. VivaDrive collects data necessary for Service operation (e.g., name, email, company data, payments, IP address, usage metadata).
6.2 Storage. Customer Data is stored during the Subscription Period and for a maximum of 24 months after account deactivation.
6.3 Ownership and License. Customer retains rights to their data but grants VivaDrive a non-exclusive license to use it solely for providing and improving the Service.
6.4 Aggregate Data. VivaDrive may process anonymized statistical data regarding Service usage.
7. Intellectual Property Rights
7.1 VivaDrive Materials. All rights to VivaDrive Materials belong to us or our licensors.
7.2 Feedback. Customer suggestions and feedback may be used by us without restrictions.
8. Restrictions
Customer may not:
- decompile, modify, or reverse engineer the Service code,
- sublicense, sell, or resell the Services,
- remove proprietary markings,
- use the Service to build a competitive product,
- violate rights or introduce malicious software.
9. Term and Termination
9.1 The agreement is effective from the effective date through the Subscription Period (including renewals).
9.2 Either party may terminate for material breach if not remedied within 30 days.
9.3 VivaDrive may suspend Service 14 days after notice of non-payment.
9.4 Upon termination, access is disabled and Customer Data deleted within 30 days.
10. Warranties and Disclaimers
10.1 Customer warrants having rights to data they input.
10.2 The Service is provided "as is" without any warranties.
11. Limitation of Liability
VivaDrive's liability is limited to the amount of fees paid by Customer in the last 12 months. We are not liable for indirect damages or lost profits.
12. Confidentiality
Parties agree to protect each other's confidential information, with typical exceptions (public information, previously known, lawfully received, independently developed).
13. Terms Changes
VivaDrive may change these Terms by notifying Customer at least 30 days in advance via email and in-app. Continued use means acceptance of changes.
14. Support
Support Contact: contact@vivadrive.ai
Response Time: within 24h on business days.
15. Final Provisions
15.1 Force Majeure. Neither party is liable for delays caused by independent factors.
15.2 Assignment. The agreement may not be transferred without consent, except for VivaDrive acquisition/merger.
15.3 Notices. Sent to Customer's email specified in account or to contact@vivadrive.ai.
15.4 Governing Law. These Terms are governed by Polish law. Disputes will be resolved by courts with jurisdiction over VivaDrive's headquarters (Warsaw).
15.5 Entire Agreement. These Terms and Orders constitute the complete agreement between parties.