Vivoldi Terms

What is covered in these Terms

We understand that reading these Terms can be a hassle, but it’s important to be clear about what you can expect from us and what we expect from you when you use the Vivoldi Services.
By using the Vivoldi Services, you agree to these Terms, so it is important that you familiarize yourself with them.

In addition to these Terms, Vivoldi posts a Privacy Policy. The Privacy Policy is not part of these Terms, but we encourage you to read it to better understand how you can update, manage, export, and delete your information.

Vivoldi Terms
Service Providers
The following entities provide the Vivoldi Services and enter into contracts with you.

Vivoldi
Incorporated under the laws of the Republic of Korea and operated under the laws of the Republic of Korea.

137, 1F, 46, Nohae-ro 70-gil, Dobong-gu, Seoul, Korea
Your Relationship with Vivoldi
These Terms help define the relationship between you and Vivoldi.
In simple terms, we allow you to use the Vivoldi Services if you agree to be bound by these Terms, which reflect how Vivoldi operates and monetizes its business.
When we refer to ‘Company’ or ‘we’ or ‘us’ in these Terms, we mean Vivoldi.
What you can expect from Vivoldi
We provide a variety of services that are subject to these Terms, including
● Shortened URLs (a service that shortens long links and provides statistics on link clicks)
● Server building (building Linux servers such as web servers, file servers, mail servers, and image servers, as well as selling server hardware equipment and maintaining servers)
● Advertising and marketing (website promotion and keyword advertising, etc.)

Vivoldi services are organized to collaborate with each other, making it easier to move from one activity to the next.
All services are managed from one unified dashboard provided by Vivoldi.
Improving the Vivoldi Service
We constantly develop new technologies and features to improve our services.
For example, various statistical improvements and convenience features for link clicks are added to the URL Shortening Service, and administrative features for user convenience in server deployment and ad marketing are continuously improved.
As part of these continuous improvements, we may add or remove features, increase or decrease restrictions on the Services, offer new Services, or discontinue offering existing Services.

Vivoldi has a rigorous product research program, and we carefully consider your interests as a user, your reasonable expectations, and the potential impact on you and other users before making changes to the Services or discontinuing provision of the Services.
We will only change or discontinue the Services if we have good reason to do so, such as to improve performance or security, to comply with the law, to prevent illegal activities or abuse of the Services, or to reflect advances in technology, or if some features or the entire Services are no longer sufficiently popular or economically viable.

If we make material changes that adversely affect your use of the Vivoldi Services or if we discontinue providing the Services, we will provide you with reasonable advance notice and an opportunity to export your Content from your Vivoldi account. Exceptions will be made for exigent circumstances, such as to prevent abuse of the Service, respond to legal requests, or address security and operability issues.
What Vivoldi expects from you
The permission to use the Vivoldi Services granted to you by us will continue as long as you comply with the obligations set forth below.
● These Terms
Additional service-specific terms (Shortened URL Terms, Server Deployment Terms, Advertising and Marketing Terms).

Vivoldi also has a variety of policies, help center, and other materials to answer common questions and set expectations about using the Services. These materials include our Privacy Policy, opt-in information and advertising, and other pages.

Although Vivoldi grants you the right to use the Vivoldi Services, Vivoldi retains the intellectual property rights it has in the Services.
Permission to Use Your Content
Some of Vivoldi’s Services are designed to allow you to upload, submit, store, transmit, receive, or share your Content.
You are under no obligation to provide Content to the Vivoldi Services, and you can choose what Content you want to provide. To upload or share Content, you must have the necessary rights to do so, and the Content must be legal.

Licenses

Your Content belongs to you, which means you retain the intellectual property rights in your Content. For example, you have the intellectual property rights to your own creations, such as reviews you write, or you may have the right to share the creations of others if they have granted you permission.

If your intellectual property rights limit Vivoldi’s ability to use your content, Vivoldi must obtain permission from you. You grant Vivoldi such permission through this License.


What applies

This License applies to Your Content (posts you make, images you upload, comments you make, etc.) that are protected by intellectual property rights.


What Doesn’t Apply

This License does not affect your privacy rights, which relate solely to your intellectual property rights.
This License does not apply to the following types of content.
● Publicly available factual information provided by you (for example, a correction to the address of a local business). This information is considered a matter of public record that is freely available to anyone and does not require a license.
● Comments you provide (e.g., suggestions for improving the Services). Feedback is covered in the Communications about the Service section below.


License Scope

This license covers the following
● Worldwide. Valid anywhere in the world.
● Non-exclusive. You may grant a license to others to use your Content.
● Gratuitous. No consideration is paid for the license.


Permissions

This license allows Vivoldi to.

● Host, reproduce, distribute, transmit and use your content (for example, store your content on Vivoldi systems so that you can access your content from anywhere)
● Publish, publicly perform or publicly display Content that you have made public to other users
● Modify your content or create derivative works (e.g., reformatting, translating, etc.)
● Sublicense the above rights to
    - Sublicense to other users to enable the Service to function as originally intended (e.g., the ability to share photos with people you choose).
    - sublicense to business contractors who have signed an agreement with Vivoldi that is consistent in content with these Terms, solely for the limited purposes set forth in the Purposes section below.


Purpose

The purposes of this license are limited to

● Operating and improving the Service. This means ensuring that the Service is delivered as intended and creating new features. This includes using automated systems and algorithms to analyze Your Content for the following purposes
    - Prevent spam, malware, and illegal content
    - Provide personalized services to you, such as recommendations and customized statistics and content.

This analysis takes place when content is sent, received, and stored.


Term

This License lasts for as long as Your Content is protected by intellectual property rights.

If you remove Content covered by this License from the Vivoldi Services, Vivoldi systems will cease to make the Content publicly available within a reasonable time.
Using Vivoldi Services

Your Vivoldi Account

You need a Vivoldi account to use some Vivoldi services. For example, managing hosting for the Unified Dashboard, managing shortened URLs, managing domains, etc.

You are responsible for the use of your Vivoldi account, including taking reasonable steps to protect your Vivoldi account. Vivoldi recommends that you change your password periodically to protect your account.

Use of the Vivoldi Services for Organizations

Many institutions use the Vivoldi Services, including businesses, nonprofits, and schools. To use the Vivoldi Services for your organization, you must meet the following conditions.
● An authorized representative of your organization agrees to these Terms.
● Your institutional administrator assigns you a Vivoldi account. Your institutional administrator may require you to comply with additional rules and may access or disable your Vivoldi account.
If a Problem or Dispute Arises

Nothing in these Terms limits or removes any rights you are entitled to under applicable law, including (1) rights relating to the quality of services provided and (2) rights concerning remedies when issues occur. If you are a consumer, you continue to benefit from all protections and rights granted to you under applicable consumer protection laws.

Warranty

Vivoldi provides its services using reasonable care, skill, and technical expertise. If you believe that Vivoldi has failed to meet the standards described in this Warranty section, you agree to notify Vivoldi, and Vivoldi will work with you in good faith to investigate and resolve the issue.

Disclaimer

Vivoldi makes only the commitments expressly stated in (1) this Warranty section, (2) the Additional Service Terms, or (3) applicable law. No other representations, guarantees, or promises are made regarding the services, including their content, functionality, reliability, availability, or suitability for your particular needs.

Except where required by law, Vivoldi disclaims all implied warranties, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Service Data and Information

Any data, statistics, analytics, reports, or other information provided through the services are supplied for informational and reference purposes only. Except where required by applicable law, Vivoldi does not guarantee the completeness, accuracy, timeliness, reliability, or fitness of such information for any particular purpose. Variations or discrepancies may occur due to user environments, technical limitations, third-party services, network conditions, or other factors beyond Vivoldi’s control. Members should not rely exclusively on such information when making business, financial, legal, or other significant decisions.

Liability

These Terms limit Vivoldi’s liability only to the extent permitted by applicable law. Nothing in these Terms excludes or limits liability for death or personal injury, fraud, fraudulent misrepresentation, gross negligence, willful misconduct, or any liability that cannot legally be excluded or limited.

Other than the rights and obligations expressly described in this section (If a Problem or Dispute Arises), Vivoldi is not responsible for losses unless such losses result directly from Vivoldi’s breach of these Terms or the Additional Service Terms.

For Individual Users, Businesses, Nonprofit Organizations, and Institutions

You agree to defend, indemnify, and hold harmless Vivoldi and its officers, employees, affiliates, and contractors from any third-party claims, proceedings, actions, or investigations (including those brought by governmental authorities) arising out of or related to your unlawful use of the services or your violation of these Terms or the Additional Service Terms. This obligation covers all associated liabilities, damages, losses, judgments, penalties, litigation expenses, and reasonable legal fees.

Vivoldi will not be liable for:
● Loss of profits, income, revenue, business opportunities, commercial opportunities, goodwill, or anticipated savings
● Loss of customers, members, business relationships, or contracts
● Loss of data, content, or the value of data
● Diminution of brand value, reputation, or creditworthiness
● Losses arising from advertising, marketing, or sales activities
● Indirect, incidental, special, or consequential damages
● Punitive or exemplary damages

To the maximum extent permitted by law, Vivoldi’s total liability arising out of or relating to these Terms will not exceed the total fees actually paid by the member for the relevant service during the twelve (12) months immediately preceding the event giving rise to the claim.
For users of free services, Vivoldi’s liability is limited to the extent permitted by applicable law. However, this limitation does not apply to damages caused by Vivoldi’s intentional misconduct or gross negligence where such liability cannot legally be limited.

If applicable law exempts you from certain obligations, including indemnification obligations, those obligations will not apply to you under these Terms. For example, certain international organizations may benefit from legal immunities and privileges, and nothing in these Terms overrides those protections.
Actions Taken in Response to Issues

Before taking any of the actions described below, Vivoldi will, where reasonably practicable, provide prior notice, explain the reasons for the action, and give you an opportunity to resolve the issue. However, this requirement does not apply if Vivoldi reasonably determines that doing so could result in any of the following circumstances:

● Harm, liability, or legal exposure to users, third parties, or Vivoldi (including losses arising from any type of legal claim or allegation, regardless of whether such claim is based on contract, tort (including negligence), statute, or any other legal theory, and regardless of whether the loss was reasonably foreseeable)
● A violation of applicable laws, regulations, or orders issued by governmental or regulatory authorities
● Interference with an investigation or enforcement process
● Damage to the operation, integrity, reliability, or security of Vivoldi’s services
● A significant risk to the stable operation or continued availability of the services
Removal of Your Content

If we reasonably believe that your Content (1) materially violates these Terms, the Service-specific Additional Terms, (2) violates any applicable law, or (3) may cause harm to our users, third parties, or Vivoldi, we reserve the right to take down any or all such Content in accordance with applicable law. Examples of this include content that is fraudulent, child pornography, promotes human trafficking or harassment, or infringes the intellectual property rights of others.
Suspension or Termination of Access to Vivoldi Services

Vivoldi reserves the right to suspend or terminate your access to the services, or to delete your Vivoldi account, in any of the following circumstances.
If an account is terminated or access is suspended, Vivoldi may retain member data for a period required under applicable laws and its Privacy Policy before deleting such data. Recovery of deleted data is not guaranteed.
● You materially or repeatedly violate these Terms or the Additional Service Terms
● Suspension or termination is necessary to comply with a legal obligation, regulatory requirement, or court order
● Your account information is determined to be false, misleading, or infringing upon the rights of another person or entity
● You engage in conduct that improperly interferes with Vivoldi’s business operations, the operation of the services, or the legitimate activities of third parties
● Vivoldi reasonably believes that your conduct creates harm, risk, liability, or legal exposure for users, third parties, or Vivoldi, including activities such as hacking, phishing, fraud, unlawful conduct, harassment, spam distribution, deceptive practices, or scraping content that you do not own

If you believe that your Vivoldi account has been suspended or terminated in error, you may submit an objection within thirty (30) days from the date on which you became aware of the action.

You may stop using the Vivoldi services at any time. If you choose to discontinue your use of the services, we encourage you to share the reason so that Vivoldi can continue improving its services.
Terms and Policies for Third-Party Services

Some services provided by Vivoldi use third-party services or APIs.

YouTube Data API
● Some of Vivoldi’s online tools use the YouTube Data API. (e.g., YouTube Thumbnail Extractor)
   By using this service, you agree to the YouTube Terms of Service.
Dispute Resolution, Governing Law and Jurisdiction

To learn how to contact Vivoldi, please visit our Contact Us page.
Any dispute arising out of or relating to these Terms, the Service-specific Additional Terms, or the related Services will be governed by the laws of the Republic of Korea, without regard to its conflict of laws rules. The courts of the Republic of Korea will have exclusive jurisdiction over any such dispute, and you and Vivoldi consent to personal jurisdiction in such courts.

About these Terms

You have certain rights under the law that cannot be limited by a contract such as these Terms of Service. These Terms do not limit those rights in any way.

These Terms describe the relationship between you and Vivoldi. These Terms do not give rise to any legal rights in any other person or entity, even if others benefit from your relationship with Vivoldi under these Terms.

In the event of a conflict between these Terms and any additional terms specific to a Service, the additional terms will apply for that Service.

If any provision is found to be invalid or unenforceable, this will not affect the other provisions.

If you fail to comply with these Terms or any Service-specific Additional Terms, Vivoldi may not take immediate action, but that does not mean Vivoldi waives any rights it may have, including taking action in the future.

Vivoldi may change these Terms and any Service-specific Additional Terms to (1) reflect changes within the Services or changes in the way we do business (for example, by adding new services, features, technologies, prices, or benefits or removing existing ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm to the Services.

If we make material changes to these Terms or any Service-specific Additional Terms, we will provide you with 30 days’ advance notice and an opportunity to review the changes, except in cases of urgent circumstances, such as (1) when we launch new services or features that benefit our users, or (2) to prevent ongoing abuse or comply with legal obligations. If you do not agree to the new terms, you must delete your Content and stop using the Services. You may also terminate your relationship with Vivoldi at any time by closing your Vivoldi account.