Terms of Service

VIVEKA TERMS OF SERVICE


Last Updated: March 12, 2025

1. AGREEMENT OVERVIEW


This Terms of Service Agreement ("Agreement") is entered into between Viveka ("Company", "we", "us", or "our") and you ("Customer", "you", or "your").


Your contract and account is with Viveka, which is an Australian-based company operating in Victoria, Australia.


By accessing or using the Viveka platform (our "Services") or any of the Services of Viveka, you are agreeing to be bound by the following terms and conditions ("Terms of Service").


2. PLAN PRICING AND SERVICES


The Company offers the following subscription plans:


Essentials Plan: $250 AUD + GST per month, plus $380 AUD + GST setup fee.


Creator Plan: $380 AUD + GST per month, plus $880 AUD + GST setup fee.


The setup fee for the Creator plan includes additional services for migrating existing courses and memberships.

GST is applicable for all Australian customers.


2.1 Service Description


Viveka provides a comprehensive white-labeled version of GoHighLevel, offering a centralized platform designed for thought leaders and solopreneurs. The platform enables businesses to simplify complex processes, centralize tools, and make data-driven decisions with precision and clarity.


2.2 Plan Features and Inclusions


Viveka offers three distinct service tiers with the following features and capabilities:


Optional Add-Ons (All Plans)


Email Verification Fee:

0.0075 USD per Email Verification for all plans


Additional Email Sends:

$20 USD per 10,000 additional emails for all plans


SMS, Phone Calls, Premium Integrations:


For $5 USD, you will receive:


325 calls in the US*OR approximately 301 SMS's at a rate of 0.01659/segment for texts sent in USOR approximately 46 SMS's at a rate of 0.10815/segment for texts sent in Australia


*Pricing for calls, SMS, and other integrated services may vary based on region, provider, and market conditions and are subject to change.


2.3 Email Verification Costs


To ensure optimal email deliverability and protect your sending domain reputation, Viveka offers email verification services. This feature verifies email addresses before your first email to a contact, reducing the risk of bounces and spam reports.


Email verification is charged at a rate of USD 0.0075 per email verification. This feature is enabled by default for all plans.


3. ACCOUNT TERMS


3.1 Account Creation


You must be 18 years or older or at least the age of majority in your jurisdiction to use our Services.


You must provide true, accurate, and complete information when creating an account, including your full legal name, current address, and a valid email address.


You are responsible for maintaining the security of your account and password. Viveka will not be liable for any loss or damage from your failure to maintain the security of your account and password.


You are responsible for all Content uploaded to your Viveka account and for all actions taken with your account.


3.2 Account Activation


The person signing up for the Services will be the contracting party ("Account Owner") for the purposes of our Terms of Service and will be the person who is authorised to use any corresponding account we may provide to the Account Owner in connection with the Services.


If you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.


3.3 Account Ownership and Transfer


Account ownership and software access is not transferable to new domains, persons, entities, or organizations without prior written approval from Viveka.


If you wish to transfer your account to another platform, Viveka will provide export capabilities for your data. Customers are responsible for ensuring compatibility with other platforms.


4. PAYMENT OF FEES


4.1 Payment Methods


We accept valid credit and debit cards for payment of all plans. All payments are processed through Stripe, our secure payment processor. Viveka is not responsible for any additional fees you may incur from your bank for online transactions, processing, or currency conversion.


4.2 Billing Cycle


Your subscription will be automatically billed to your payment method according to your selected plan's terms on a monthly basis. You will receive a receipt via email to the address associated with your account.


4.3 Price Lock Guarantee


Customers who join as Early Adopters will have their subscription price locked for a period of three (3) years, provided they maintain continuous service without cancellation.


4.4 Late Payments


Your account will be suspended if payment is not collected within seven (7) days of the due date. To reactivate a suspended account, all outstanding balances must be paid in full.


4.5 Taxes


GST (Goods and Services Tax) at the applicable rate will be added to all fees for Australian customers and will be included in your invoice.


4.6 Refunds


Viveka does not offer refunds for any reason. You can cancel your subscription at any time to avoid future charges, according to the cancellation procedure outlined in this Agreement.


4.7 Fee Amendments


Viveka reserves the right to modify subscription fees with 30 days advance notice. Such notice may be provided by posting the changes to the Viveka website or via the administration menu of your Viveka site.


5. CANCELLATION AND TERMINATION


5.1 Customer Cancellation


You may cancel your account at any time by submitting a cancellation request via our cancellation form within Viveka or by emailing [email protected].


Your cancellation request will be processed within 72 hours during business hours (Monday - Friday, 8am - 6pm AEST/AEDT).


Upon cancellation, you will have access to the Service until the end of your current billing period.


5.2 Data Removal and Responsibility


Upon cancellation, all of your Content will be permanently deleted from the Services. Since deletion of all data is final, please ensure that you have exported or backed up any critical information prior to account cancellation.


It is solely your responsibility to back up any critical data prior to account termination. Viveka accepts no liability for any data loss resulting from voluntary account cancellation.


5.3 Termination for Breach


We reserve the right to suspend or terminate your access to the Services at any time and for any reason, including but not limited to violation of these Terms of Service.


Any breach of these Terms of Service constitutes grounds for immediate termination of your account.


5.4 Service Modifications


Viveka reserves the right to modify or discontinue the Services (or any part thereof) with or without notice. Viveka shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.


6. ACCEPTABLE USE OF SERVICES


6.1 General Conditions


You may not use the Services for any illegal or unauthorised purpose, nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).


You are responsible for complying with all applicable laws, rules, and regulations regarding online conduct and acceptable Content.


6.2 Prohibited Activities


You must not:


Modify, decode, decompile, disassemble, or reverse engineer the SoftwareLicense, sell, rent, lease, transfer, assign, or otherwise commercially exploit the ServiceEngage in unauthorized access to or use of data, services, systems, or networksInterfere with or disrupt the integrity or performance of the Service or third-party dataUpload, transmit, or distribute any viruses, malware, or other harmful codeAttempt to probe, scan, or test the vulnerability of any system or networkUse the Service to infringe the Intellectual Property Rights of others


6.3 Customer Data Responsibilities


You are solely responsible for maintaining and protecting all data and information that is retrieved, extracted, transformed, loaded, stored, or otherwise processed by the Services.


You will be responsible for all costs and expenses required to backup and restore any data and information that is lost or corrupted as a result of your use of the Services.


7. CONFIDENTIALITY AND DATA PROTECTION


7.1 Data Ownership


You retain ownership of all data that you upload to Viveka. You may remove your Viveka site at any time by deleting your account, at which point your Content will be deleted in accordance with our data retention policies.


7.2 Data Processing


Both parties agree to comply with the Privacy Act 1988 (Cth) and any other applicable Australian privacy laws in relation to the collection, use, disclosure, and handling of personal information in connection with this Agreement.


7.3 Confidential Information


Each party agrees to maintain the confidentiality of the other party's confidential information and to take reasonable precautions to protect such Confidential Information.


8. INTELLECTUAL PROPERTY


8.1 Platform Ownership


All rights, title, and interest in and to the Viveka platform and any information or technology provided by the Company is owned, and will remain owned, by the Company or its licensors.


8.2 Customer Content Ownership


You retain ownership of all content that you submit to Viveka, including compliance of your Content with any applicable laws or regulations.


8.3 License Grant


The Company grants you a personal, non-exclusive, non-transferable, and revocable license to use the Viveka platform and the Services throughout the term of this Agreement.


9. SUPPORT AND MAINTENANCE


9.1 Support Services


Technical support is provided by GoHighLevel directly, not by Viveka staff. Account Owners should utilise GoHighLevel's support services at https://help.gohighlevel.com/support/solutions for assistance with platform functionality.


The Customer acknowledges that they have access to these Support Resources and agrees to consult them as a first point of reference for general queries and common issues. Any technical support provided by Viveka beyond directing customers to GoHighLevel support resources is at Viveka's sole discretion and may be subject to additional fees.


9.2 Service Availability


The Company will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for planned maintenance.


Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by the Company or by third-party providers, or because of other causes beyond the Company's reasonable control.


10. WARRANTIES AND DISCLAIMERS


10.1 Service Warranty


The Company will use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimises errors and interruptions in the Services.


10.2 Disclaimer


Services are provided "as is" and "as available" without warranty of any kind, express, implied, or statutory.


The Company does not warrant that:


The Service will be uninterrupted or error-freeThe results that may be obtained from the use of the Service will be accurate or reliableThe Service will meet your specific requirementsThe Service will be free from harmful components


11. LIMITATION OF LIABILITY


11.1 Limitation


Except in the case of death or personal injury caused by the Company's negligence, in no event will the Company be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses.


11.2 Liability Cap


The total liability of the Company under this Agreement shall not exceed the fees paid by you to the Company for the Services under this Agreement in the 12 months preceding the event giving rise to the liability.


12. INDEMNIFICATION


You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms of Service.


13. DISPUTE RESOLUTION


Any disputes arising out of or related to this Agreement shall be primarily resolved through informal negotiation. If the dispute cannot be resolved through negotiation, the parties agree to engage in mediation in Victoria, Australia, before pursuing any other remedies available to them.


14. GENERAL PROVISIONS


14.1 Governing Law


This Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.


14.2 Entire Agreement


This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.


14.3 Sever-ability


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


14.4 Assignment


This Agreement is not assignable, transferable, or sub licensable by you except with the Company's prior written consent. The Company may assign this Agreement in whole or in part at any time without your consent.


14.5 Notices


All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email.


14.6 Force Majeure


The Company shall not be liable for any failure to perform its obligations under this Agreement where such failure results from any cause beyond the Company's reasonable control.


15. CHANGES TO TERMS


Viveka reserves the right to modify or replace these Terms of Service at any time. If a revision is material, we will provide at least 60 days' notice prior to any new terms taking effect.


By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Services.


16. CONTACT INFORMATION


If you have any questions about these Terms of Service, please contact us at [email protected].

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