General terms

You may access and use our AI Services provided that you comply with these Terms. When using our Services, you must comply with all applicable laws and the Service-specific terms and policies listed above.

What you must not do. You may not use our AI Services for illegal, harmful or abusive activities. For example, you must not:

• • Use our AI Services in a way that infringes, misuses or violates the rights of others.
  • Modify, copy, rent, sell or distribute our services.
  • Attempt to reverse engineer, decompile or discover the source code or underlying components of our AI Services, including our models, algorithms or systems, or assist anyone to do so (unless this restriction is prohibited by applicable law).
  • Automatically or programmatically extract data or Output (as defined below).
  • Claiming that the Output was created by humans when it was not.
  • Interfere with or disrupt our AI Services, including by circumventing any limits or restrictions or by circumventing any protections or safeguards we have put in place for our Services.

The following applies to users within the European Union:

Confirmation of “AI Literacy”
I hereby confirm that I possess the necessary AI Literacy in accordance with the applicable legal requirements (in particular the “EU AI Act”). This specifically includes:

• • a fundamental understanding of the concepts and mechanisms of Artificial Intelligence (AI),
  • the ability to critically evaluate AI applications and assess the ethical and societal impact of my actions,
  • awareness of potential risks, misjudgments, or biases in the use of AI systems,
  • knowledge of how to ensure responsible AI usage, particularly regarding data protection, copyright, and societal implications.

Use of the AI Feature at One’s Own Responsibility
I undertake to use the AI feature only when it is ensured that my usage complies with all applicable legal regulations, internal company policies, and ethical principles. I will take all necessary precautions to prevent misuse, false or misleading results, and violations of third-party rights.

Indemnification from Claims
I hereby indemnify and hold VIVA (hereinafter referred to as “Provider”) harmless from any claims, damages, liabilities, or costs that arise for me or any third party as a result of my use of the AI feature provided. This specifically, but not exclusively, includes claims related to:

• • copyright-protected content,
  • data protection and privacy violations,
  • false or defamatory statements,
  • other legal infringements.

I undertake to immediately inform the Provider of any such third-party claims and to support the Provider in defending such claims.

Provider’s Liability Disclaimer

• • The Provider makes the AI feature available “as is” (without any warranty) and assumes no guarantee for the factual accuracy, completeness, or legality of generated text.
  • The Provider is liable only for damages that result from the Provider’s intentional or grossly negligent behavior. Any further liability of the Provider is excluded to the extent permitted by law.

Final Provisions

• • Should individual provisions of this statement be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a provision that comes as close as possible to the sense and purpose of the invalid provision and is legally valid shall apply.
  • The laws of the Federal Republic of Germany shall apply. The exclusive place of jurisdiction for all disputes arising from or in connection with this statement is Germany.

Status:  February 5, 2025