1. Definitions

In these Terms of Service:

• "Portal" refers to the VIV Client Portal accessible at dashboard.vivabove.com
• "VIV," "we," "us," or "our" refers to VIV Digital Marketing
• "Client," "you," or "your" refers to the individual or entity using the Portal
• "Services" refers to the digital marketing services provided by VIV
• "Account" refers to your authorized Portal access credentials

2. Service Description

The VIV Client Portal provides authorized clients with secure access to:

• Account Information: View your business profile, contact details, and team assignments
• Analytics Dashboard: Access Google Analytics 4 website performance data
• Google Ads Metrics: View advertising campaign performance and budget information
• Billing Information: Review payment methods, billing dates, and service agreements
• Request Management: Submit, track, and manage service requests with file attachments
• Communication: Exchange messages with your VIV account team

3. Eligibility and Account Registration

3.1 Eligibility

To use the Portal, you must:

• Be at least 18 years of age
• Be a current VIV Digital Marketing client
• Have authorization from VIV to access the Portal
• Provide accurate and complete registration information

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying VIV immediately of any unauthorized access
• Using strong, unique passwords for your account

3.3 Account Access

VIV reserves the right to:

• Approve or deny Portal access at our sole discretion
• Suspend or terminate accounts for violations of these Terms
• Modify access levels based on your service agreement

4. Acceptable Use

4.1 Permitted Use

You may use the Portal to:

• View your business information and performance metrics
• Submit legitimate service requests related to your VIV services
• Upload files necessary for service delivery (max 20MB per file)
• Communicate with your VIV account team

4.2 Prohibited Activities

You agree NOT to:

• Share your account credentials with unauthorized individuals
• Attempt to access other clients' data or accounts
• Upload malicious files, viruses, or malware
• Use automated scripts, bots, or scrapers to access the Portal
• Attempt to circumvent security measures or authentication systems
• Reverse engineer, decompile, or disassemble any Portal code
• Use the Portal for any illegal or unauthorized purpose
• Submit false, misleading, or fraudulent information
• Harass, abuse, or harm VIV staff or other users
• Overload or interfere with the Portal's operation

5. File Uploads and Content

5.1 Upload Guidelines

When uploading files to the Portal:

• Files must not exceed 20MB in size
• Allowed file types: images (JPG, PNG, GIF, WebP), documents (PDF, DOC, DOCX, XLS, XLSX), and text files (TXT, CSV)
• Files are automatically deleted after 30 days
• You retain ownership of all files you upload

5.2 Content Restrictions

You may not upload content that:

• Contains viruses, malware, or malicious code
• Infringes on intellectual property rights
• Contains illegal, harmful, or offensive material
• Violates any applicable laws or regulations

5.3 Content License

By uploading content to the Portal, you grant VIV a limited, non-exclusive license to store, display, and use the content solely for the purpose of providing Services to you.

6. Data and Privacy

Your use of the Portal is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Portal, you consent to our data practices as described in the Privacy Policy.

7. Intellectual Property

7.1 VIV Property

The Portal and all its contents, including but not limited to text, graphics, logos, code, and design, are the property of VIV Digital Marketing and are protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

VIV grants you a limited, non-exclusive, non-transferable license to access and use the Portal for its intended purpose. This license does not include any right to:

• Reproduce, modify, or create derivative works
• Distribute, sell, or transfer any Portal content
• Use VIV trademarks or branding without written permission

7.3 Third-Party Data

Google Analytics and Google Ads data displayed in the Portal are owned by you and subject to Google's terms of service. VIV accesses this data solely to display it to you in the Portal.

8. Service Availability and Modifications

8.1 Availability

While we strive to provide continuous access, VIV does not guarantee that the Portal will be:

• Available at all times without interruption
• Free from errors, bugs, or security vulnerabilities
• Compatible with all devices or browsers

8.2 Maintenance

We may perform scheduled or emergency maintenance that temporarily limits Portal access. We will make reasonable efforts to notify you in advance when possible.

8.3 Modifications

VIV reserves the right to:

• Modify, suspend, or discontinue any Portal feature at any time
• Change these Terms of Service with notice to you
• Update the Portal's functionality and design

9. Third-Party Services

The Portal integrates with third-party services including:

• Monday.com: Client relationship management
• Google Analytics 4: Website analytics data
• Google Ads API: Advertising performance data

Your use of these services through the Portal is subject to their respective terms of service and privacy policies. VIV is not responsible for third-party service failures or changes.

10. Payment and Billing

The Portal is provided as part of your VIV Digital Marketing service agreement. Your service fees, payment terms, and billing arrangements are governed by your separate service contract with VIV.

11. Disclaimers and Limitations of Liability

11.1 "AS IS" Basis

THE PORTAL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIV SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, or goodwill
• Service interruptions or data inaccuracies
• Third-party service failures or security breaches
• Unauthorized access to or alteration of your data

IN NO EVENT SHALL VIV'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR SERVICES IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

11.3 Data Accuracy

While we strive for accuracy, VIV makes no guarantees regarding:

• The accuracy, completeness, or timeliness of analytics data
• The availability or accuracy of Google Analytics or Google Ads data
• The reliability of third-party integrations

12. Indemnification

You agree to indemnify, defend, and hold harmless VIV Digital Marketing, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Portal
• Your violation of these Terms of Service
• Your violation of any rights of another party
• Content you upload or submit through the Portal

13. Termination

13.1 Termination by You

You may stop using the Portal at any time by contacting your account manager. Note that terminating Portal access does not automatically terminate your VIV service agreement.

13.2 Termination by VIV

VIV may suspend or terminate your Portal access immediately if:

• You violate these Terms of Service
• Your VIV service agreement is terminated
• Your account is inactive for an extended period
• We are required to do so by law
• Continued access poses security or legal risks

13.3 Effect of Termination

Upon termination:

• Your Portal access will be immediately revoked
• Uploaded files may be deleted (after 30 days)
• You remain liable for any outstanding obligations
• Sections of these Terms that should survive termination will remain in effect

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Portal shall be resolved through:

1. Informal Resolution: Contact us to attempt good-faith resolution
2. Mediation: If informal resolution fails, disputes may be submitted to mediation
3. Arbitration or Court: As a last resort, disputes may be resolved through binding arbitration or in courts located in [Your County], [Your State]

14.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. General Provisions

15.1 Entire Agreement

These Terms of Service, together with the Privacy Policy and your VIV service agreement, constitute the entire agreement between you and VIV regarding the Portal.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3 No Waiver

VIV's failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer your rights under these Terms without VIV's written consent. VIV may assign these Terms without restriction.

15.5 Force Majeure

VIV is not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, or internet service provider failures.

16. Changes to Terms

VIV may update these Terms of Service from time to time. When we make changes:

• We will update the "Last Updated" date at the top
• We will notify you via email or Portal notification for material changes
• Your continued use after changes take effect constitutes acceptance
• If you don't agree to new terms, you must stop using the Portal

17. Contact Information

18. Acknowledgment

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