TERMS OF SERVICE
Welcome to MyVikki!
Access to and use of the App and the Services are governed by the terms and conditions set forth in these Terms of Service (“Terms”). The Terms are between you (“you” or “your”) and PE Viktoriia Repetska, NIE - Z2434139P, having the office at Calle La Dinamita 17A, bajo C, 48903 Barakaldo, Spain (“MyVikki”, “we,” “us,” or “our”).
If you have any questions or concerns, please contact us by email at vikarepetskaya@gmail.com.
By using, browsing, or accessing the App and/or the Services, registering an account or by clicking to accept or agree to the Terms when this option is available to you, you confirm that you have read, understand, and agree to comply with these Terms and the Privacy Policy. If you do not accept these Terms and Privacy Policy, you must not access, browse, or otherwise use the App and the Services.
If you are under 18 years of age (or the age of legal majority where you live), you must not use the Services, or you must have your parent or legal guardian’s permission to use the Services.
We will process your personal data in strict compliance with the Privacy Policy, which is an integral part of these Terms.
1.OVERVIEW
MyVikki is a digital service providing tools to support users’ individual efforts toward companionship and emotional balance.
MyVikki is not a healthcare provider, a medical provider, or a provider of mental health services. We do not practice medicine, therapy, or any regulated health profession.
No Provider-Patient Relationship.You expressly understand and agree that your use of the Services does not create a healthcare provider-patient relationship, a therapist-client relationship, or any other relationship that would give rise to a fiduciary duty with MyVikki.
No Substitute for Professional Care.The Services and any information, content, or Output provided are not intended to be a substitute or replacement for in-person or remote healthcare visits, psychological counselling, professional therapy, psychiatric care, medical diagnosis, or medical treatment.
IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, YOU MUST CONTACT EMERGENCY SERVICES IMMEDIATELY.
You shall not rely on the Services for assistance in critical, urgent, or emergency situations.
You bear the sole responsibility for evaluating your physical and mental health needs and for seeking appropriate professional medical or mental health care.
For purposes of these Terms:
-“App” means MyVikki mobile application available through various app stores and distribution platforms (including Apple App Store, Google Play, etc.).
-“Services” means your use of and access to the App; interfaces, graphics, design, environment, compilation, information, data, computer code (including source code or object code), products, software, services, and all other materials and elements that are available for use through, or in connection with, the App.
2.REGISTRATION
Only registered users may use the Services. When you register for an account, you may be required to provide us with some information, including your email address. You are solely responsible for maintaining the confidentiality of your account, login information, and passwords for your account, and you accept responsibility for all activities that occur under your account. If you believe your account is no longer secure, you must immediately notify us.
3.SUBSCRIPTION AND FEES
To access and utilize the Services, you are required to enroll in a recurring payment plan ("Subscription Plan").
Trial Period. We may, at our sole discretion, offer a limited-time trial subscription (e.g., a7-day trial period) free of charge. Unless you exercise your right to cancel the trial subscription before its expiration date, you expressly authorize us to automatically charge your designated payment method(s) for the full amount of the chosen Subscription Plan with no further action required by you.
Automatic Renewal. Your Subscription Plan will automatically renew at the end of each subscription period (e.g., monthly or annually) until you properly cancel it or until it is otherwise terminated by us.
Billing Authorization. By purchasing a Subscription Plan, you authorize us to automatically charge your designated payment method(s) for the recurring subscription fees without further authorization or action required by you.
Current Subscription Plans. The current standard fees for the Subscription Plans are as follows:
Monthly Fee: $49.99
Annual Fee: $299.00
Cancellation.You may cancel your Subscription Plan at any time. However, to stop future charges, you must cancel before the start of the next billing cycle. Following any cancellation, you will retain access to the Services until the end of the current subscription period for which you have already paid.
No Refunds: Except where expressly required by applicable law, all subscription fees payments are non-refundable.Deleting the App, uninstalling the App, or deleting your personal data does not constitute cancellation of a Subscription Plan and does not imply any right to refunds.
Failed Payments and Account Suspension. If MyVikki is unable to successfully charge your authorized payment method(s) when the Subscription Fee is due, MyVikki may, in its sole discretion:
-mmediately suspend your access to the Services until all overdue payments are received; or,
-seek to update your payment method information through third-party services (e.g., your bank or payment processor) to continue charging your account as authorized.
Price Changes. MyVikki reserves the right to change the prices for Subscription Plans at any time by posting updated pricing through the Services.
The price for your current Subscription Plan will remain fixed for the duration of the subscription period for which you have already paid. Upon the conclusion of that paid period, your continued use of the Services will be charged at the then-current, updated subscription price. If you do not agree to the new price, you must cancel your Subscription Plan before the renewal date.
Payment Processors. If you pay fees via credit card or other electronic means, you acknowledge and authorize us to use third-party payment processors. You consent to the disclosure of your payment information to such processors.Your use of the Services is also subject to the terms, conditions, and privacy policies of these third-party payment processors. MyVikki is not responsible for any damages or losses arising from: (i) account suspensions due to inaccurate user-provided billing information, or (ii) any errors or omissions made by the payment processor or your credit card issuer.
4.CONTENT
Inputs and Outputs.You may provide information as input to our Services ("Input"). Input may include, without limitation, recordings of your voice, text descriptions, or any other content that you may provide to us through the Services. You may not provide Input, which you do not have all the rights necessary to grant us the license described above.
When you provide Input to the Services, you receive text output generated and returned by one or more large language models (“LLMs”), based on Input (“Output”).
Rights to Input and Output. To the extent permitted by applicable law, you retain your ownership rights in Input.Subject to your full compliance with these Terms, you own the Output, and we assign to you all our right, title, and interest, if any, in and to Output.
License to Input.You grant us a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your Input:
-for the sole purpose of operating, improving, and maintaining the Services,
-for generating the Output (as defined below), and
-to comply with legal obligations.
Such license should be:
License to Output. You hereby grant to us a worldwide, royalty-free, fully paid-up, transferable, and sub-licensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display, and otherwise exploit the Output for the purposes of operating, maintaining, improving, and enhancing the Services.
Training Data (If Applicable).
You acknowledge and agree that Input and Output may be used to train and improve the underlying LLMs.
5.INTELLECTUL PROPERTY AND OWNERSHIP
The App and Services are owned and operated by MyVikki or its third-party licensors and suppliers and contain the underlying LLMs, source code, data, technology, algorithms, methodologies, and materials and subject matter protected by copyrights, patents, trade secrets, trademarks, or other intellectual property rights (collectively, "MyVikki IP").
Nothing in these Terms grants you any right, title, or interest in or to the MyVikki IP, except for the limited right to use the Services in accordance with these Terms. You should not copy, modify, adapt, reverse engineer, decompile, or otherwise attempt to derive the source code or structure of the App or MyVikki IP.
Infringement and Third-Party Rights. You represent and warrant that your Input does not, and will not, infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or proprietary rights.
6.THIRD-PARTY SERVICES, THIRD-PARTY SOFTWARE.
The App and Service may include access to, or use of, third-party services (“Third-Party Services”). Third Party Services may include third-party content, third-party integrated API service providers, or links to third-party websites, products, or services that are not owned or controlled by us (“Third-Party Content”). We may share data with third-party service providers including analytics providers, security partners, and vendors as described in our Privacy Policy. MyVikki does not control any such Third-Party Content and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, or products or services.
MyVikki does not make any representations or warranties with respect to any Third-Party Content, and all use thereof is provided on an “as is” and “as available” basis and your use thereof is at your own risk. Inclusion of any Third-Party Content on the App and Services does not constitute or indicate our endorsement and we shall not be liable or responsible for any Third-Party Content transmitted through the App or Services.
We will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for, and risk associated with your use of Third-Party Content, including compliance with the terms and conditions of use, privacy policies, or practices associated therewith.
MyVikki is not responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the access to or use of any Third-Party Services.
Any portion of the App and Services that constitutes third-party software is licensed to you subject to the terms and conditions of the software license agreements governing such third-party software.
7.LIMITATIONS OF SERVICE
By accessing or utilizing the Services, you acknowledge, understand, and expressly agree to the following:
No Sole Source of Truth: You shall not rely on the Output as the exclusive or primary source of factual information, truth, or advice.
Not Professional Advice: The Services and the Output are not a substitute for professional advice, including, but not limited to, medical, psychological, legal, financial, or other qualified professional counsel. You are solely responsible for seeking advice from relevant qualified professionals.
Obligation to Review: You bear the exclusive responsibility to independently evaluate and validate the accuracy, completeness, and appropriateness of the Output for your specific use case.
Human Review Mandate: Before utilizing or disseminating any Output, you must employ appropriate human review and verification procedures to ensure its suitability and compliance with all applicable standards and laws.
Impact Restriction: You are expressly prohibited from using any Output that references or relates to an individual person for any purpose that could result in a legal, material, or critical impact on that person. This restriction includes, without limitation, making decisions concerning creditworthiness, educational standing, employment, housing, insurance, legal matters, medical treatment, or other similarly consequential decisions about an individual.
Unendorsed Content: You understand that the Services may generate Output that is incomplete, incorrect, or offensive, and such content does not necessarily represent the views, opinions, or endorsements of MyVikki.
No Endorsement of Third Parties: Any references, mentions, or suggestions of third-party products, services, or entities within the Output do not constitute endorsement, recommendation, or affiliation by MyVikki.
-Inaccuracy Disclaimer: you acknowledge that the Output may, at times, be inaccurate, incomplete, erroneous, or based on outdated information.
8.DISCLAIMERS, LIABILITY AND INDEMNIFICATION
Disclaimer of Warranties. You understand, agree, and acknowledge that the App and the Services are provided to you strictly on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties, whether express or implied, including, but not limited to, implied warranties of:
Merchantability (fitness for ordinary use);
Non-Infringement (no violation of third-party rights);
Security;
Fitness for a Particular Purpose; or
Accuracy or completeness of data.
No Guarantees: We make no guarantee or representation that:
User Risk.Your use of the Services is entirely at your own risk. You acknowledge and agree that any lifestyle activities or goals inspired by the Services that inherently involve risk are undertaken at your sole risk.
Responsibility for Health.
You assume full and complete responsibility for your own health, well-being, and that of your family, and acknowledge that the Service is intended only as a support tool.
Limitation of Liability. You hereby release MyVikki and hold us harmless from any and all claims, losses, liabilities, or expenses related to the Services, including, but not limited to, any acts, omissions, opinions, responses, advice, suggestions, or errors within the information provided.
Exclusion of Indirect Damages. In no event shall MyVikki be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses.
Maximum Liability Cap. Our aggregate liability for any and all damages arising with respect to your use of the Services will not exceed the total amount of money paid by you to MyVikki for the Subscription Plan immediately preceding the claim.
Survival. This Limitation of Liability shall survive the termination or expiration of these Terms. If any jurisdiction's law restricts this limitation, it shall be modified only to the minimum extent necessary to comply with that law.
Indemnification. You agree to indemnify, defend, and hold harmless MyVikki, its affiliates, officers, agents, and employees from and against any and all claims, losses, causes of action, demands, liabilities, costs, or expenses (including, without limitation, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following:
Your access to or use of the App and the Services.
9.FORCE MAJEURE
The parties to these Terms will not be responsible for any delay or failure to perform any obligation for a reasonable period due to accidents, fires, floods, pandemics, telecommunications or Internet failures, strikes, wars, riots, rebellions, labor disturbances, terrorism, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar event beyond the parties’ reasonable control.
10.MODIFICATIONS, TERMINATION AND SERVICES INETRRUPTION
Modifications and Discontinuation. You understand and agree that MyVikki reserves the right, at its sole discretion, to modify, update, suspend, disrupt, or discontinue the App or the Services, or any part thereof or feature contained therein, at any time, with or without prior notice to you. This right applies to all users generally or to you specifically. You expressly acknowledge and agree that MyVikki shall not be liable to you or any third party for any losses, costs, or damages resulting from the exercise of this right, including, but not limited to, any modification, suspension, or discontinuation of the Services.
Service Availability and Reliability. You acknowledge that the operation and accessibility of the App and the Services are dependent upon various factors, including, but not limited to, software, hardware, tools, and the services provided by our contractors and third-party suppliers. While MyVikki will use commercially reasonable efforts to ensure the Services are reliable and accessible, you understand and agree that no digital product or service can be guaranteed to be 100% reliable, available, or free from interruption. MyVikki does not guarantee that access to the Services will be uninterrupted, continuous, consistent, timely, secure, or error-free at all times.
11.GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Spain.
Negotiation and Mediation.In the event of a dispute, you and MyVikki agree to first attempt resolution through good faith negotiation.
Jurisdiction. Subject to the mandatory consumer protection laws of your country of residence, the courts of the city of Madrid, Spain, shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms.Nothing in these Terms of Service shall operate to limit or restrict any statutory rights or mandatory legal protections granted to you as a consumer under the laws of your country of residence.
12.NOTICES AND COMMUNICATIONS
MyVikki may communicate with you electronically regarding the Services, including through email, posting notices within the App, or by posting notices on the MyVikki website. Any electronic communication or notice posted by MyVikki shall be deemed effective upon transmission or posting. You are responsible for keeping your primary email address on file with MyVikki accurate and current.
13.AMENDMENTS
MyVikki reserves the right, at its sole discretion, to update, modify, or replace these Terms of Service at any time.
For any material changes (changes that significantly affect your rights or obligations), MyVikki will provide you with advance notice before the effective date of the new Terms, generally by email or a prominent notice within the App.
Non-material changes (e.g., grammatical corrections, administrative updates) will take effect immediately upon posting of the updated Terms.
Your continued access to or use of the Services after the effective date of the revised Terms constitutes your full acceptance of the revised Terms.
If you do not agree to the revised Terms, especially following a material change, you must cease using Servicesimmediately and exercise your right to cancel your Subscription Plan prior to the new Terms taking effect.
14.ENTIRE AGREEMENT
These Terms, along with any documents expressly incorporated by reference (such as the Privacy Policy), constitute the entire and exclusive understanding and agreement between you and MyVikki regarding the Services. These Terms supersede all prior or contemporaneous communications, agreements, and proposals, whether electronic, oral, or written, between you and MyVikki.
15.SEVERABILITY
If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
16.ASSIGNMENT
User may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without MyVikki prior written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable.
17.NO WAIVER
Failure of eitherparty to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.
If you have any questions or concerns, please contact us by email at vikarepetskaya@gmail.com.
By using, browsing, or accessing the App and/or the Services, registering an account or by clicking to accept or agree to the Terms when this option is available to you, you confirm that you have read, understand, and agree to comply with these Terms and the Privacy Policy. If you do not accept these Terms and Privacy Policy, you must not access, browse, or otherwise use the App and the Services.
If you are under 18 years of age (or the age of legal majority where you live), you must not use the Services, or you must have your parent or legal guardian’s permission to use the Services.
We will process your personal data in strict compliance with the Privacy Policy, which is an integral part of these Terms.
1.OVERVIEW
MyVikki is a digital service providing tools to support users’ individual efforts toward companionship and emotional balance.
MyVikki is not a healthcare provider, a medical provider, or a provider of mental health services. We do not practice medicine, therapy, or any regulated health profession.
No Provider-Patient Relationship.You expressly understand and agree that your use of the Services does not create a healthcare provider-patient relationship, a therapist-client relationship, or any other relationship that would give rise to a fiduciary duty with MyVikki.
No Substitute for Professional Care.The Services and any information, content, or Output provided are not intended to be a substitute or replacement for in-person or remote healthcare visits, psychological counselling, professional therapy, psychiatric care, medical diagnosis, or medical treatment.
IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, YOU MUST CONTACT EMERGENCY SERVICES IMMEDIATELY.
You shall not rely on the Services for assistance in critical, urgent, or emergency situations.
You bear the sole responsibility for evaluating your physical and mental health needs and for seeking appropriate professional medical or mental health care.
For purposes of these Terms:
-“App” means MyVikki mobile application available through various app stores and distribution platforms (including Apple App Store, Google Play, etc.).
-“Services” means your use of and access to the App; interfaces, graphics, design, environment, compilation, information, data, computer code (including source code or object code), products, software, services, and all other materials and elements that are available for use through, or in connection with, the App.
2.REGISTRATION
Only registered users may use the Services. When you register for an account, you may be required to provide us with some information, including your email address. You are solely responsible for maintaining the confidentiality of your account, login information, and passwords for your account, and you accept responsibility for all activities that occur under your account. If you believe your account is no longer secure, you must immediately notify us.
3.SUBSCRIPTION AND FEES
To access and utilize the Services, you are required to enroll in a recurring payment plan ("Subscription Plan").
Trial Period. We may, at our sole discretion, offer a limited-time trial subscription (e.g., a7-day trial period) free of charge. Unless you exercise your right to cancel the trial subscription before its expiration date, you expressly authorize us to automatically charge your designated payment method(s) for the full amount of the chosen Subscription Plan with no further action required by you.
Automatic Renewal. Your Subscription Plan will automatically renew at the end of each subscription period (e.g., monthly or annually) until you properly cancel it or until it is otherwise terminated by us.
Billing Authorization. By purchasing a Subscription Plan, you authorize us to automatically charge your designated payment method(s) for the recurring subscription fees without further authorization or action required by you.
Current Subscription Plans. The current standard fees for the Subscription Plans are as follows:
Monthly Fee: $49.99
Annual Fee: $299.00
Cancellation.You may cancel your Subscription Plan at any time. However, to stop future charges, you must cancel before the start of the next billing cycle. Following any cancellation, you will retain access to the Services until the end of the current subscription period for which you have already paid.
No Refunds: Except where expressly required by applicable law, all subscription fees payments are non-refundable.Deleting the App, uninstalling the App, or deleting your personal data does not constitute cancellation of a Subscription Plan and does not imply any right to refunds.
Failed Payments and Account Suspension. If MyVikki is unable to successfully charge your authorized payment method(s) when the Subscription Fee is due, MyVikki may, in its sole discretion:
-mmediately suspend your access to the Services until all overdue payments are received; or,
-seek to update your payment method information through third-party services (e.g., your bank or payment processor) to continue charging your account as authorized.
Price Changes. MyVikki reserves the right to change the prices for Subscription Plans at any time by posting updated pricing through the Services.
The price for your current Subscription Plan will remain fixed for the duration of the subscription period for which you have already paid. Upon the conclusion of that paid period, your continued use of the Services will be charged at the then-current, updated subscription price. If you do not agree to the new price, you must cancel your Subscription Plan before the renewal date.
Payment Processors. If you pay fees via credit card or other electronic means, you acknowledge and authorize us to use third-party payment processors. You consent to the disclosure of your payment information to such processors.Your use of the Services is also subject to the terms, conditions, and privacy policies of these third-party payment processors. MyVikki is not responsible for any damages or losses arising from: (i) account suspensions due to inaccurate user-provided billing information, or (ii) any errors or omissions made by the payment processor or your credit card issuer.
4.CONTENT
Inputs and Outputs.You may provide information as input to our Services ("Input"). Input may include, without limitation, recordings of your voice, text descriptions, or any other content that you may provide to us through the Services. You may not provide Input, which you do not have all the rights necessary to grant us the license described above.
When you provide Input to the Services, you receive text output generated and returned by one or more large language models (“LLMs”), based on Input (“Output”).
Rights to Input and Output. To the extent permitted by applicable law, you retain your ownership rights in Input.Subject to your full compliance with these Terms, you own the Output, and we assign to you all our right, title, and interest, if any, in and to Output.
License to Input.You grant us a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your Input:
-for the sole purpose of operating, improving, and maintaining the Services,
-for generating the Output (as defined below), and
-to comply with legal obligations.
Such license should be:
- perpetual and irrevocable (which means this license cannot be withdrawn),
- nonexclusive (which means you can license your Input to others),
- royalty-free and fully paid (which means there are no monetary fees for this license),
- worldwide (which means it’s valid anywhere in the world), and
- sub-licensable, through multiple tiers (which means we can make it available to others).
License to Output. You hereby grant to us a worldwide, royalty-free, fully paid-up, transferable, and sub-licensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display, and otherwise exploit the Output for the purposes of operating, maintaining, improving, and enhancing the Services.
Training Data (If Applicable).
You acknowledge and agree that Input and Output may be used to train and improve the underlying LLMs.
5.INTELLECTUL PROPERTY AND OWNERSHIP
The App and Services are owned and operated by MyVikki or its third-party licensors and suppliers and contain the underlying LLMs, source code, data, technology, algorithms, methodologies, and materials and subject matter protected by copyrights, patents, trade secrets, trademarks, or other intellectual property rights (collectively, "MyVikki IP").
Nothing in these Terms grants you any right, title, or interest in or to the MyVikki IP, except for the limited right to use the Services in accordance with these Terms. You should not copy, modify, adapt, reverse engineer, decompile, or otherwise attempt to derive the source code or structure of the App or MyVikki IP.
Infringement and Third-Party Rights. You represent and warrant that your Input does not, and will not, infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or proprietary rights.
6.THIRD-PARTY SERVICES, THIRD-PARTY SOFTWARE.
The App and Service may include access to, or use of, third-party services (“Third-Party Services”). Third Party Services may include third-party content, third-party integrated API service providers, or links to third-party websites, products, or services that are not owned or controlled by us (“Third-Party Content”). We may share data with third-party service providers including analytics providers, security partners, and vendors as described in our Privacy Policy. MyVikki does not control any such Third-Party Content and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, or products or services.
MyVikki does not make any representations or warranties with respect to any Third-Party Content, and all use thereof is provided on an “as is” and “as available” basis and your use thereof is at your own risk. Inclusion of any Third-Party Content on the App and Services does not constitute or indicate our endorsement and we shall not be liable or responsible for any Third-Party Content transmitted through the App or Services.
We will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for, and risk associated with your use of Third-Party Content, including compliance with the terms and conditions of use, privacy policies, or practices associated therewith.
MyVikki is not responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the access to or use of any Third-Party Services.
Any portion of the App and Services that constitutes third-party software is licensed to you subject to the terms and conditions of the software license agreements governing such third-party software.
7.LIMITATIONS OF SERVICE
By accessing or utilizing the Services, you acknowledge, understand, and expressly agree to the following:
No Sole Source of Truth: You shall not rely on the Output as the exclusive or primary source of factual information, truth, or advice.
Not Professional Advice: The Services and the Output are not a substitute for professional advice, including, but not limited to, medical, psychological, legal, financial, or other qualified professional counsel. You are solely responsible for seeking advice from relevant qualified professionals.
Obligation to Review: You bear the exclusive responsibility to independently evaluate and validate the accuracy, completeness, and appropriateness of the Output for your specific use case.
Human Review Mandate: Before utilizing or disseminating any Output, you must employ appropriate human review and verification procedures to ensure its suitability and compliance with all applicable standards and laws.
Impact Restriction: You are expressly prohibited from using any Output that references or relates to an individual person for any purpose that could result in a legal, material, or critical impact on that person. This restriction includes, without limitation, making decisions concerning creditworthiness, educational standing, employment, housing, insurance, legal matters, medical treatment, or other similarly consequential decisions about an individual.
Unendorsed Content: You understand that the Services may generate Output that is incomplete, incorrect, or offensive, and such content does not necessarily represent the views, opinions, or endorsements of MyVikki.
No Endorsement of Third Parties: Any references, mentions, or suggestions of third-party products, services, or entities within the Output do not constitute endorsement, recommendation, or affiliation by MyVikki.
-Inaccuracy Disclaimer: you acknowledge that the Output may, at times, be inaccurate, incomplete, erroneous, or based on outdated information.
8.DISCLAIMERS, LIABILITY AND INDEMNIFICATION
Disclaimer of Warranties. You understand, agree, and acknowledge that the App and the Services are provided to you strictly on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties, whether express or implied, including, but not limited to, implied warranties of:
Merchantability (fitness for ordinary use);
Non-Infringement (no violation of third-party rights);
Security;
Fitness for a Particular Purpose; or
Accuracy or completeness of data.
No Guarantees: We make no guarantee or representation that:
- The Services will meet your specific requirements.
- The Services will be uninterrupted, timely, secure, or free from error.
- The results obtained from the use of the Services will be accurate or reliable.
- The quality of the Services, information, or materials obtained by you through the Services will meet your expectations or will be beneficial to you.
User Risk.Your use of the Services is entirely at your own risk. You acknowledge and agree that any lifestyle activities or goals inspired by the Services that inherently involve risk are undertaken at your sole risk.
Responsibility for Health.
You assume full and complete responsibility for your own health, well-being, and that of your family, and acknowledge that the Service is intended only as a support tool.
Limitation of Liability. You hereby release MyVikki and hold us harmless from any and all claims, losses, liabilities, or expenses related to the Services, including, but not limited to, any acts, omissions, opinions, responses, advice, suggestions, or errors within the information provided.
Exclusion of Indirect Damages. In no event shall MyVikki be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses.
Maximum Liability Cap. Our aggregate liability for any and all damages arising with respect to your use of the Services will not exceed the total amount of money paid by you to MyVikki for the Subscription Plan immediately preceding the claim.
Survival. This Limitation of Liability shall survive the termination or expiration of these Terms. If any jurisdiction's law restricts this limitation, it shall be modified only to the minimum extent necessary to comply with that law.
Indemnification. You agree to indemnify, defend, and hold harmless MyVikki, its affiliates, officers, agents, and employees from and against any and all claims, losses, causes of action, demands, liabilities, costs, or expenses (including, without limitation, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following:
Your access to or use of the App and the Services.
- Any actions made with your account, whether by you or by any other party using your credentials.
- Your violation of any of the provisions of these Terms.
- Non-payment of fees for the Services.
- Your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, or property/privacy right.
9.FORCE MAJEURE
The parties to these Terms will not be responsible for any delay or failure to perform any obligation for a reasonable period due to accidents, fires, floods, pandemics, telecommunications or Internet failures, strikes, wars, riots, rebellions, labor disturbances, terrorism, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar event beyond the parties’ reasonable control.
10.MODIFICATIONS, TERMINATION AND SERVICES INETRRUPTION
Modifications and Discontinuation. You understand and agree that MyVikki reserves the right, at its sole discretion, to modify, update, suspend, disrupt, or discontinue the App or the Services, or any part thereof or feature contained therein, at any time, with or without prior notice to you. This right applies to all users generally or to you specifically. You expressly acknowledge and agree that MyVikki shall not be liable to you or any third party for any losses, costs, or damages resulting from the exercise of this right, including, but not limited to, any modification, suspension, or discontinuation of the Services.
Service Availability and Reliability. You acknowledge that the operation and accessibility of the App and the Services are dependent upon various factors, including, but not limited to, software, hardware, tools, and the services provided by our contractors and third-party suppliers. While MyVikki will use commercially reasonable efforts to ensure the Services are reliable and accessible, you understand and agree that no digital product or service can be guaranteed to be 100% reliable, available, or free from interruption. MyVikki does not guarantee that access to the Services will be uninterrupted, continuous, consistent, timely, secure, or error-free at all times.
11.GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Spain.
Negotiation and Mediation.In the event of a dispute, you and MyVikki agree to first attempt resolution through good faith negotiation.
Jurisdiction. Subject to the mandatory consumer protection laws of your country of residence, the courts of the city of Madrid, Spain, shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms.Nothing in these Terms of Service shall operate to limit or restrict any statutory rights or mandatory legal protections granted to you as a consumer under the laws of your country of residence.
12.NOTICES AND COMMUNICATIONS
MyVikki may communicate with you electronically regarding the Services, including through email, posting notices within the App, or by posting notices on the MyVikki website. Any electronic communication or notice posted by MyVikki shall be deemed effective upon transmission or posting. You are responsible for keeping your primary email address on file with MyVikki accurate and current.
13.AMENDMENTS
MyVikki reserves the right, at its sole discretion, to update, modify, or replace these Terms of Service at any time.
For any material changes (changes that significantly affect your rights or obligations), MyVikki will provide you with advance notice before the effective date of the new Terms, generally by email or a prominent notice within the App.
Non-material changes (e.g., grammatical corrections, administrative updates) will take effect immediately upon posting of the updated Terms.
Your continued access to or use of the Services after the effective date of the revised Terms constitutes your full acceptance of the revised Terms.
If you do not agree to the revised Terms, especially following a material change, you must cease using Servicesimmediately and exercise your right to cancel your Subscription Plan prior to the new Terms taking effect.
14.ENTIRE AGREEMENT
These Terms, along with any documents expressly incorporated by reference (such as the Privacy Policy), constitute the entire and exclusive understanding and agreement between you and MyVikki regarding the Services. These Terms supersede all prior or contemporaneous communications, agreements, and proposals, whether electronic, oral, or written, between you and MyVikki.
15.SEVERABILITY
If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
16.ASSIGNMENT
User may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without MyVikki prior written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable.
17.NO WAIVER
Failure of eitherparty to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.
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