Terms of Service

Last Updated: December 28, 2025

1. General Information

Vivalex (“The Service”) is provided by Kevin Mark Lock, located at Digeager 14, 2640 Hedehusene, Denmark (“The Provider”). The Service is operated as a private hobby activity (Hobbyvirksomhed) under Danish law.

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, you must stop using the Service immediately.

2. Service Description & AI Disclaimer

Vivalex utilizes artificial intelligence (AI) to analyze documents and generate audio.

  • AI Transparency: In accordance with the EU AI Act, you are informed that all text interpretation and voice synthesis are generated by AI models (including Google Gemini and Kokoro).
  • Beta Status: Features labeled as “Beta” or “Experimental” (e.g., Semantic Math, Code Awareness) are in active development. The Provider does not guarantee their accuracy or stability.
  • No Professional Advice: The Service is a productivity tool, not a substitute for professional, medical, or legal advice. You should verify critical calculations or data against the original source document.

3. Subscriptions, Payments & Refunds

  • Merchant of Record: Payment processing, billing, and tax compliance are handled by our Merchant of Record, Lemon Squeezy. By making a purchase, you agree to Lemon Squeezy’s Terms of Service in addition to these Terms.
  • Waiver of Right of Withdrawal: By purchasing a digital subscription or credits, you explicitly consent to the immediate delivery of the content and acknowledge that you thereby lose your 14-day right of withdrawal under the Danish Consumer Contracts Act (Forbrugeraftaleloven).
  • Price Changes: The Provider reserves the right to adjust pricing for future billing cycles with at least 30 days’ notice via email. If you do not agree to the change, you may cancel your subscription before the new price takes effect.

4. Acceptable Use & Restrictions

To protect the Service and our infrastructure, you agree not to:

  • Reverse Engineer: Decompile, disassemble, or attempt to extract the source code, system prompts, or underlying algorithms of the Service (including “Prompt Injection” attacks).
  • Automated Access: Use scripts, bots, scrapers, or other automated means to access the API or Service.
  • Account Sharing: Share login credentials. Accounts are for individual use only.
  • Illegal Content: Upload documents containing malware, illegal content, or sensitive personal data (e.g., CPR numbers, health records) for which the Service is not designed.

Violation of this section results in immediate termination of your account without refund.

5. Fair Use & Technical Limits

Even for plans labeled as “Pro” or high-volume, the Provider reserves the right to impose technical limits to prevent abuse and ensure stability.

  • Throttling: We may limit the speed of requests (Rate Limiting) if your usage negatively impacts other users or system stability.
  • File Limits: We reserve the right to reject files that exceed reasonable size or complexity limits (e.g., PDFs larger than 50MB or exceeding page count limits).

6. Intellectual Property

  • Your Data: You retain all ownership rights to the documents you upload. You grant the Provider a limited, non-exclusive license to process these documents solely for the purpose of providing the Service to you.
  • Vivalex IP: The website, code, design, voice generation pipeline, and “Vivalex” brand are the exclusive property of the Provider.
  • Feedback: If you provide suggestions, feature requests, or feedback, you grant the Provider a perpetual, worldwide, royalty-free license to use, modify, and incorporate such feedback into the Service without compensation.

7. Service Availability & Downtime

The Service is provided on an “as is” and “as available” basis.

  • No Uptime Guarantee: The Provider does not guarantee continuous, uninterrupted access to the Service.
  • Third-Party Dependencies: The Service relies on third-party APIs (Mathpix, Google Cloud, Modal Labs). The Provider is not liable for interruptions caused by these providers, nor for interruptions caused by the Provider’s internal budget caps or capacity constraints.
  • Data Loss: While we encrypt stored files, the Provider is not responsible for any loss of data, corrupted files, or failure to store content. You should always keep a backup of your original PDFs.

8. Limitation of Liability

To the maximum extent permitted by Danish law:

  • The Provider shall not be liable for any indirect, incidental, special, or consequential damages (including loss of data, academic failure, or loss of profits).
  • Liability Cap: The Provider’s total cumulative liability for any claim arising out of these Terms shall not exceed the total amount paid by you to the Service in the 30 days preceding the event giving rise to the claim.

9. Termination

The Provider reserves the right to suspend or terminate your access to the Service at any time, for any reason, including but not limited to a violation of these Terms or a discontinuation of the Service.

  • Effect of Termination: Upon termination, your right to use the Service will immediately cease, and your data may be deleted.

10. Force Majeure

The Provider shall not be liable for any failure to perform obligations under these Terms where such failure results from any cause beyond the Provider’s reasonable control, including but not limited to mechanical, electronic, or communications failure, third-party API shutdowns, or government regulations.

11. Governing Law & Venue

These Terms are governed by the laws of Denmark. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the ordinary courts of Denmark.