Terms and Conditions for Vividia Suite

01Agreement to these terms

These Terms and Conditions (“Terms”) are a legal agreement between you and Vividia Infosys, Pepsicola, Kathmandu-32, Bagmati 44600, Nepal (“Vividia”, “we”, “us”). They apply to:

• the Vividia Suite mobile app for iOS, iPadOS and Android (the “App”), available on the App Store and Google Play;
• the Vividia Suite web applications, including Vividia Workspace, ABMS, HRM, EMIS, LMS, HMS, Clinic, RMS, IMS, Manufacturing and Viana AI (together with the App, the “Services”); and
• the vividiasuite.com website (the “Website”).

By downloading, installing, accessing or using the Services or Website, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use them.

If you use the Services on behalf of an organization, you confirm that you are authorized to accept these Terms for it. Where your organization has signed a separate subscription, implementation or service agreement with Vividia, that agreement governs the organization’s subscription and prevails over these Terms if they conflict.

02The Services

Vividia Suite is business management software for organizations. Through the App, authorized users can access the applications their organization has enabled, including accounting and billing, human resources and payroll, school management, learning management, hotel management, clinic management, restaurant management, inventory and point of sale, manufacturing, Workspace administration and the Viana AI assistant.

• The applications, screens and actions available to you depend on your organization’s subscription and the role and permissions its administrators assign.
• Some applications offer a smaller set of features on mobile than on the web.
• Some features need device permissions, such as location for attendance, camera for scanning and photos, microphone for voice questions, Bluetooth for printers and notifications. The Privacy Policy explains how each is used.
• Selected features, including restaurant POS orders, warehouse tasks, manufacturing actions and school attendance, can queue work offline. Queued work is only saved to your organization’s records once your device reconnects and syncs. Do not delete the App or its data while work is waiting to sync.

03Eligibility and accounts

• The Services are for organizations and their authorized staff. Accounts are created by an organization’s administrator; the App has no public sign-up.
• You must be at least 18 years old, or the age of majority where you live, or be using the Services under the authority of your employer or organization. The Services are not intended for children.
• Keep your workspace code, email, password and device secure. Do not share your account. You are responsible for activity carried out under your account.
• If you enable biometric sign-in, anyone whose biometrics are enrolled on your device may be able to open the App. Only enable it on a device you alone control.
• Tell your administrator and Vividia at [email protected] immediately if you suspect unauthorized access.
• Your organization may suspend, change or remove your access at any time, for example when you leave the organization.

04Subscriptions and fees

• The App is free to download. Access to the Services requires an active subscription held by your organization.
• The App does not offer in-app purchases, and no payment is taken inside the App. Subscriptions, pricing, invoicing, renewals and refunds are agreed directly between Vividia and the organization under its proposal or agreement.
• If an organization’s subscription expires or is not renewed, its users may lose access to some or all applications until it is renewed.

05Licence to use the App

Subject to these Terms, Vividia grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use the App on devices you own or control, solely to access the Services your organization has made available to you. For the iOS App, this licence is limited to Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.

The App is licensed, not sold. Vividia and its licensors keep all rights not expressly granted.

06Acceptable use

You must not, and must not help anyone else to:

• use the Services in breach of any law, including privacy, employment, tax, health, education and consumer protection laws;
• access accounts, workspaces, applications or records you are not authorized to use, or attempt to bypass permissions, security or usage limits;
• falsify records, including attendance check-ins, locations, financial entries, medical records or academic results;
• upload malware or content that is unlawful, infringing, defamatory, harassing, or that you have no right to share;
• copy, modify, decompile, reverse engineer or create derivative works of the App or Services, except where the law expressly allows it;
• rent, resell, sublicense or provide the Services to anyone outside your organization;
• scrape, overload, interfere with or disrupt the Services, their servers or networks;
• use the Services or Viana AI to build a competing product, or to generate content that is unlawful or harmful.

We may suspend or restrict access that breaks these rules or puts the Services, our customers or other users at risk.

07Your content and organization data

• Information entered into the Services by an organization and its users (“Organization Data”) belongs to that organization. Vividia claims no ownership of it.
• The organization grants Vividia the rights needed to host, process, transmit, back up and display Organization Data solely to provide, secure and support the Services, as described in the Privacy Policy and the customer agreement.
• You are responsible for the accuracy and lawfulness of the information you enter, and for having the right to upload any photos, documents and records, including information about other people.
• Organizations that store sensitive information, such as health records or information about minors, are responsible for obtaining any consents and meeting the legal requirements that apply to it.
• You should keep your own copies of important records and use the export features where appropriate.

08Viana AI

• Viana generates answers automatically from the information your role can access. Answers may be inaccurate, incomplete or out of date.
• Viana does not provide professional financial, tax, legal, medical, employment or other advice. Verify important information in the source application, and consult a qualified professional where appropriate, before relying on it.
• You are responsible for how you use Viana’s answers and for any decisions or actions you take based on them.

09Intellectual property

The App, Services and Website, including their software, design, interfaces, text, graphics, logos and the names Vividia, Vividia Suite, Vividia Workspace and Viana, belong to Vividia or its licensors and are protected by intellectual property laws. Nothing in these Terms transfers ownership of them to you.

If you send us feedback or suggestions, we may use them without restriction or payment to you.

10Third-party services

The Services rely on or connect to third-party services, such as Apple and Google platform services, Google Firebase, map providers, printers and integrations your organization enables. Their use is subject to their own terms and privacy policies. Vividia is not responsible for third-party services it does not control.

11Availability, updates and support

• We work to keep the Services available and secure, but they may be unavailable during maintenance, updates or events outside our control. Service levels, if any, are set out in your organization’s agreement.
• We may release updates that add, change or remove features. Some updates may be required to keep using the App, and older versions or operating systems may stop being supported.
• The iOS App requires iOS 15.5 or later. Android requirements are shown on Google Play.
• Vividia, not Apple or Google, is responsible for providing maintenance and support for the App. Contact your organization’s administrator or Vividia at [email protected].

12Suspension and termination

• You may stop using the Services at any time. Deleting the App does not delete your account; see the Privacy Policy for how to request deletion.
• Your access ends when your organization removes your account or its subscription ends.
• We may suspend or terminate access, with notice where reasonable, if you breach these Terms, if required by law, or to protect the Services or other users.
• When access ends, the licence in these Terms ends and you must stop using the App. Sections that by their nature should continue, including intellectual property, disclaimers, limitation of liability, indemnity and governing law, survive.

13Disclaimers

To the fullest extent permitted by law, the App, Services and Website are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement and uninterrupted or error-free operation, except as expressly stated in your organization’s agreement.

Calculations, reports, tax forms and payroll outputs depend on the configuration and information entered by your organization. Your organization remains responsible for reviewing them and meeting its own legal, tax and regulatory obligations.

14Limitation of liability

To the fullest extent permitted by law, Vividia will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, goodwill or business opportunity, arising from or related to your use of, or inability to use, the App, Services or Website.

To the fullest extent permitted by law, Vividia’s total liability to you for all claims relating to the App, Services or Website is limited to the amount you personally paid Vividia for them in the twelve months before the claim, or NPR 10,000 if you paid nothing. Where your organization has an agreement with Vividia, the liability terms in that agreement apply to the organization.

Nothing in these Terms limits liability that cannot be limited under applicable law.

15Indemnity

To the extent permitted by law, you agree to indemnify Vividia against claims, losses and costs, including reasonable legal fees, arising from your breach of these Terms, your misuse of the Services, or content you submit that infringes someone else’s rights or breaks the law.

16Additional terms for Apple and Google app stores

17Governing law and disputes

These Terms are governed by the laws of Nepal. We encourage you to contact us first so we can try to resolve any concern informally. If a dispute cannot be resolved within 30 days, it will be subject to the exclusive jurisdiction of the courts of Kathmandu, Nepal, unless your organization’s agreement provides otherwise or the law of your place of residence gives you a right to bring proceedings elsewhere.

18General

• We may update these Terms. We will change the “Last updated” date and, for material changes, give notice in the App, on the Website or to organization administrators before they take effect. Continuing to use the Services after that means you accept the updated Terms.
• If any part of these Terms is found unenforceable, the rest remains in effect.
• Our failure to enforce a provision is not a waiver of it.
• You may not transfer your rights under these Terms. We may transfer ours as part of a merger, acquisition or sale of assets.
• These Terms, the Privacy Policy and any agreement between Vividia and your organization are the entire agreement about their subject matter.

19Contact us

• Vividia Infosys, Pepsicola, Kathmandu-32, Bagmati 44600, Nepal
• Email: [email protected]
• Phone: +977 9860479694