PiViva Terms of Service

1. Introduction

These Terms govern your use of PiViva, a coaching platform available on the web and by mobile, including the coaching toolkit, the AI companion Viv, Report Room, and the directory of independent coaches (the "Service"). The Service is provided by PiViva Ltd, a company registered in England and Wales under company number 17357455, registered office 60 High Street, Wimbledon, London, SW19 5EE.

By creating an account you agree to these Terms. Our Privacy Notice explains what we do with your personal data. It is not part of this agreement and it is not something you agree to; it is something we tell you, and you should read it before you sign up.

We record which version of these Terms you accepted and when. Where we make a material change we will ask you to accept the new version rather than assume you have.

2. Definitions

"Minor" means any person under the age of 18, regardless of the age of majority where they live. "Your Content" means anything you create or upload in the Service. "Coach" means an independent professional listed in the PiViva directory.

3. Eligibility

3.1 Minimum age

PiViva is for adults. You may only create an account and use PiViva if you are 18 or over. Where the age of majority where you live is higher than 18, you may only use PiViva if you have reached that age.

3.2 Your confirmation

By creating an account you confirm that you meet the age requirement, that the date of birth you have given us is accurate, and that you are creating the account for yourself and not for anyone else.

3.3 No accounts for children

PiViva is not designed for, marketed to, or made available to anyone under 18. We do not offer parent or guardian supervised accounts, a parent or guardian may not create an account for a child, and sharing your account with anyone under 18 is a breach of these Terms.

3.4 Coaching sessions

Sessions booked through the coach directory are provided by independent coaches to adults only. Coaches in the directory are not engaged, vetted or insured by PiViva to work with children or young people.

3.5 Accounts we believe belong to someone under 18

If we learn, or reasonably believe, that an account belongs to someone under 18, we will suspend access while we look into it. We may ask you to confirm your age. If we are not satisfied that you are 18 or over, we will close the account and delete the personal data in it, as described in our Privacy Notice.

This may come to our attention from the date of birth given at signup, from something said while using the platform including in conversation with Viv, from a report made to us, or from our own checks.

Where we close an account this way and a paid subscription is running on it, we will cancel the subscription immediately and refund payments taken on that account in the previous 12 months, with no cancellation fee. Nothing in these Terms limits any right a person under 18, or their parent or guardian, has under the law relating to contracts made by minors.

Where we have suspended an account and cannot settle the question from what we already hold, it is for you to contact us and ask for the suspension to be lifted. We will not lift it by ourselves, because we have nothing further to go on. Write to safeguarding@piviva.com and we aim to acknowledge within two working days.

A paid subscription keeps running while an account is suspended, and we do not refund that period. If you confirm that you are 18 or over, we reinstate the account and the subscription carries on from where it was, with no refund for the days you could not use it and no cancellation by us. If instead the account turns out to belong to someone under 18, we close it and refund everything paid in the previous 12 months, as set out below.

If you believe an account belongs to someone under 18, contact safeguarding@piviva.com. We aim to acknowledge within one working day.

4. Your account

• You are responsible for keeping your credentials confidential and for what happens under your account.

• Tell us promptly at support@piviva.com if you think someone else has access to it.

• You may close your account at any time from inside the app. Closing your account is not the same as cancelling a subscription, and section 9 covers that.

5. The Service

PiViva provides a toolkit of structured self-coaching tools, the AI companion Viv, Report Room for documents you have had prepared elsewhere, and access to a directory of independent coaches.

We may add, change or remove features as the Service develops. We will act reasonably, and where a change is material we will give reasonable notice. If we remove a feature you subscribed for, section 9 sets out what happens to your subscription.

6. Viv

• Viv is an artificial intelligence system. She is not a person, not a coach, not a therapist, not a counsellor and not a medical professional. We tell you this at the start of every conversation.

• Viv can read the coaching data you allow her to read. She cannot create, change, delete or move anything.

• A setting in your account decides how much of your activity is sent with your message. Turning it off takes effect on her next reply. The Privacy Notice sets out exactly what is sent in each state.

• AI responses can be inaccurate, incomplete, or out of date with your account. Use your own judgement, and do not rely on Viv as your only source of guidance on anything significant.

• Viv does not diagnose, does not give medical, legal or financial advice, and does not score or profile you.

• How Viv is presented to you is your choice. It affects presentation only.

7. Report Room

Report Room is for occupational and personality instruments: psychometric profiles, leadership assessments, previous coaching outputs. Please do not upload clinical or medical records.

You are responsible for what you upload, including where a document contains information about other people, which reports based on feedback from colleagues usually do. You confirm that you are entitled to hold and upload what you put there.

We take your explicit consent for each document you upload, separately from these Terms, and separately again before Viv may read it or a coach may see it.

8. Coaches

• Coaches in the directory are independent professionals, not our employees or agents. We introduce you. We are not a party to the coaching relationship.

• Each coach is responsible for their own advice, conduct and service. We check qualifications, insurance and declarations before listing them, and our Coach Code of Conduct and Vetting Standard says exactly what we check and what we do not.

• We do not guarantee any outcome from a coaching engagement.

• What you share with a coach is always your choice, and you can stop sharing at any time. Stopping ends their access immediately and cannot unwind what they have already read.

• Booking, rescheduling, cancellation and refunds for sessions are set by each coach and shown before you book. We do not hold session fees and cannot refund them.

9. Subscriptions, billing and cancellation

9.1 How subscriptions work

• Some or all of the Service requires a paid subscription. Tiers and prices are shown at the point of purchase.

• Subscriptions are billed in advance, monthly or annually, through Stripe. By subscribing you authorise us to charge your payment method at the start of each period until you cancel.

• We give reasonable notice of any price change, and it never applies to a period you have already paid for.

• We remind you before an annual renewal, and before a trial becomes a paid subscription.

• If a payment fails we will tell you and give you a short period to fix it before access is reduced.

9.2 Your statutory rights

Nothing in this section takes away rights you have by law. Two sets matter here.

Consumer Contracts Regulations 2013 A 14-day cancellation period from the day you enter the contract. For digital content supplied immediately, that right can be brought to an end early, but only if you expressly asked for it to start and acknowledged that you would lose the right. Section 9.3 is how we do that.

Consumer Rights Act 2015 Digital content has to be of satisfactory quality, fit for purpose, and as described. Where it is not, you are entitled to a repair, a replacement, or a price reduction. This right lasts far longer than 14 days and is not affected by anything you agreed at checkout.

9.3 The 14-day right, and how it can end early

At checkout you are shown two things as separate, unticked choices:

• Start my access now. You are asking us to begin supplying the service before the 14 days are up.

• I understand I will lose my 14-day right to cancel once the service has been fully supplied.

If you do not make both choices, your access begins at the end of the 14-day period and your right to cancel and receive a full refund is unaffected during it.

If you do make both choices and then cancel within 14 days, we charge for the days you had access and refund the rest.

9.4 How to cancel

• In the app: Settings, then Subscription, then Cancel. It takes the same number of steps as subscribing.

• Through the billing portal linked from your account.

• By emailing support@piviva.com.

We confirm every cancellation in writing within one working day. If you have not had a confirmation, assume it has not gone through and tell us.

Cancelling stops the next payment and you keep access until the end of the period you have paid for.

9.5 When we refund

You cancel within 14 days and had not asked for immediate access Full refund.

You cancel within 14 days having asked for immediate access Refund of everything except a proportionate charge for the days you had access.

You cancel after 14 days No refund of the current period. Access continues until the end of it, and there is no further charge.

We close your account because you are under 18 Full refund of everything paid in the previous 12 months, with no cancellation fee.

We suspend your account while we check your age, and you are 18 or over No refund for the suspended period. We reinstate the account when you confirm, and the subscription carries on.

We suspend or close your account for a breach of these Terms No refund of the current period.

We stop offering the Service, or remove a feature you subscribed for Pro rata refund of the unused part of the period.

The Service does not work as described, and we cannot put it right A price reduction or a refund, under the Consumer Rights Act. Tell us and we will sort it out.

A significant outage Looked at case by case. Where a paid feature was unavailable for a material part of a billing period, we will offer a credit or a partial refund without being asked twice.

You forgot to cancel Contact us. Where an annual renewal has just gone through and you have not used the Service since, we would rather refund it than argue about it.

9.6 One-off purchases

Where you buy something once rather than by subscription, for example additional audio storage, the same 14-day position applies. Once supplied and used, it is treated as fully supplied. Unused allowance is not refunded when you cancel a subscription, and it does not expire while your account is open.

10. Your content

• You own what you create in PiViva.

• You give us permission to host, store, process and display it for the purpose of operating the Service for you, and for nothing else.

• We do not use it to train AI models, and nor does our AI provider.

• You can export or delete it at any time.

• You are responsible for what you put in, including anything relating to another person.

11. Acceptable use

11.1 General

You must not:

• Use PiViva for anything unlawful, or in a way that infringes someone else's rights.

• Misrepresent who you are, how old you are, or any connection to PiViva.

• Share your account with anyone, or let anyone else use it. This includes anyone under 18.

• Try to access an account, a coach's data, or any part of the system that is not yours.

• Reverse engineer, scrape, or interfere with the Service, or get around any access control, rate limit or entitlement check.

• Introduce anything malicious, or use the Service to distribute it.

• Resell, sublicense or commercially exploit access to PiViva without our written agreement.

11.2 Content

You must not upload, write or share content that:

• Is abusive, hateful, or intended to harass, threaten or humiliate another person.

• Sexualises children in any way, or depicts child sexual abuse. There is no context in which this is acceptable and it will be reported.

• Encourages or gives instruction in suicide, self-harm, or disordered eating. Talking about your own experience is not this, and section 11.4 covers that.

• Infringes someone else's copyright, trade mark or other rights.

• Contains someone else's personal information that you have no right to share.

11.3 Viv

Viv runs on models provided by a third party under a commercial agreement. That agreement binds us, and some of it necessarily reaches you. You must not use Viv to:

• Generate content that sexualises children, or any other content that is unlawful.

• Produce material designed to deceive, defraud or manipulate other people.

• Seek medical, legal or financial advice. Viv will decline, and she is right to.

• Obtain instructions for harming yourself or anyone else.

• Extract the underlying model's instructions, or manipulate her into behaving outside the bounds we have set. Those bounds are what keep other users safe.

• Automate access to the model through PiViva, or use PiViva as a route to a general purpose AI service.

11.4 Talking about difficult things

This section is here so that nothing above is misread.

You are allowed to write about being in pain, about wanting to die, about self-harm, about abuse you have suffered, and about anything else that is true for you. That is what a coaching and reflection tool is for.

What is not allowed is encouraging someone else towards harm, or seeking instruction in it.

11.5 What we do if you break this section

In most cases we will tell you what the problem is and ask you to stop. Where the breach is serious, or where waiting would put someone at risk, we may suspend or close your account without notice. We will tell you why, unless telling you would itself create a risk to someone. Where content is unlawful we may report it to the police or another authority.

12. Health, safety and crisis support

PiViva is a coaching and personal development platform. It is not a clinical, therapeutic or emergency service, and it is not a substitute for medical advice, diagnosis, psychotherapy or the emergency services.

We do not monitor conversations in real time and we cannot intervene in an emergency.

Our systems look for language suggesting you or someone else may be at risk of serious harm. Where something is flagged, support resources are shown to you and a member of our team may look at what triggered it, usually within two working days. We will never close or restrict your account because you have told us you are struggling.

If you are in crisis, contact Samaritans free on 116 123, at any hour, or call 999 in an emergency.

13. Intellectual property

The Service, including the PiViva name, the toolkit design, Viv and the underlying software, belongs to us or is licensed to us. Nothing in these Terms gives you any right to use our branding beyond using the Service normally.

14. Reporting infringing content

If you believe content in PiViva infringes your rights, write to legal@piviva.com. Include your name and how to contact you, what right you hold and enough to show you hold it, what the material is and where you believe it is, a statement that you believe in good faith that the use is not authorised, and a statement that your information is accurate.

We will acknowledge within 2 working days, assess within 10, and tell you the outcome within 20. Where a complaint is well founded we will remove or disable access to the material and tell the person who uploaded it, unless the law prevents us.

Two limits, stated plainly. We cannot run a general search across users' private documents looking for material matching a description, because nobody reads uploaded documents as a matter of course and a speculative sweep would be a worse intrusion than the problem it solved. And we cannot tell you who uploaded something without a court order, which we will respond to if valid.

If we have removed something of yours and you believe we are wrong, tell us at legal@piviva.com and we will look again.

15. Disclaimers

The Service is provided as it is and as available. To the fullest extent the law allows, we exclude implied warranties about accuracy, completeness or fitness for a particular purpose, including for anything Viv produces.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be excluded or limited under the law of England and Wales. Nothing in these Terms affects your statutory rights as a consumer, including under the Consumer Rights Act 2015.

16. Limitation of liability

Subject to section 15, our total liability to you arising out of or in connection with these Terms, whether in contract, tort or otherwise, is limited to the greater of £100 or the amount you paid us in the 12 months before the event giving rise to the claim.

We are not liable for indirect or consequential loss, including loss of profit, loss of data or loss of opportunity, except where that cannot lawfully be excluded.

We are not liable for the advice, conduct or service of a coach you engage through the directory. Each coach carries their own professional indemnity insurance.

17. Suspension and termination

• We may suspend or close your account, with notice where reasonably practicable, if you breach these Terms, if the law requires it, or if we reasonably believe your account poses a risk to PiViva, to another user, or to Viv's safe operation.

• Breach of section 3 is a ground for suspension or closure without notice.

• You may stop using the Service and close your account at any time.

• Sections that by their nature should survive termination, including intellectual property, disclaimers and limitation of liability, continue to apply.

18. Complaints and disputes

If something has gone wrong, tell us. We will confirm we have your complaint within five working days, look into it properly, and give you an answer within 30 days. If we cannot answer in 30 days we will tell you why and when we will.

The Service: something does not work, you were charged incorrectly, Viv said something that troubled you complaints@piviva.com

Your data: you think we have handled your personal data wrongly privacy@piviva.com

A coach you found through our directory complaints@piviva.com

Something that made you feel unsafe, or a concern about another user safeguarding@piviva.com

Coaches are independent professionals. We will look into what you tell us, we can remove a coach from the directory, and we will tell you what we have done. We cannot resolve a dispute between you and them, and for anything about their professional conduct their own professional body is usually the right place to go. We will help you find it.

We are not required to use an alternative dispute resolution scheme, and we are telling you it exists because you are entitled to know. If you ask us to consider it we will tell you our position within 30 days.

If your complaint is about how we have handled your personal data, you can also complain to the Information Commissioner's Office at ico.org.uk or on 0303 123 1113, at any point.

19. Changes to these Terms

We may update these Terms. Where a change is material we will give you reasonable notice by email or in the app, and ask you to accept the new version. If you do not accept, you may close your account and we will refund the unused part of any period you have paid for.

20. Governing law

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, except that if you are a consumer resident elsewhere in the United Kingdom, mandatory local consumer protections also apply.

21. Contact

PiViva Ltd

60 High Street, Wimbledon, London, SW19 5EE

Company number 17357455

Support: support@piviva.com | Complaints: complaints@piviva.com | Safeguarding: safeguarding@piviva.com | Legal: legal@piviva.com