These terms are a plain-English agreement between you and Vivlo for use of the Vivlo mobile app and the vivlo.co.uk website (together, the "app"). By downloading, joining the beta, or using Vivlo, you agree to these terms. If you don't agree, please don't use the app. Please read section 3 carefully: it explains what Vivlo is and isn't.
About us and how to contact us
Vivlo is provided by Joshua Thompson, a sole trader trading as Vivlo ("Vivlo", "we", "us"), of 124 City Road, London, EC1V 2NX. You can reach us at info@vivlo.co.uk.
Vivlo is not veterinary advice
This is the most important thing to understand. Vivlo provides general information and tools to help you track and care for your puppy. It is not a veterinary service, not a diagnosis, and not advice based on a diagnosis. Only a vet who has examined your dog can diagnose a condition or tell you how to treat it.
Growth curves, projected weights, feeding amounts, body condition guidance and answers from the Vivlo assistant are estimates and general guidance only. Every dog is different, and figures will not be exact for your individual puppy. Do not use them as the sole basis for a health decision.
Always speak to your vet about your puppy's health, diet and weight, and follow their advice and the feeding guidance on your food packaging over anything in the app. Never delay or ignore veterinary advice because of something you read in Vivlo.
In an emergency, contact a vet immediately. Do not use Vivlo if your puppy shows urgent signs such as difficulty breathing, collapse, seizures, severe bleeding, suspected poisoning, a swollen or painful belly, repeated vomiting, or an inability to pass urine or faeces. Call your vet or an emergency vet service straight away.
Who can use Vivlo
You must be at least 18 years old and able to enter into a binding agreement to use Vivlo. Vivlo is intended for people raising a puppy and is not designed for or directed at children. You are responsible for keeping your device and any login secure.
Your licence to use the app
We give you a personal, limited, non-exclusive, non-transferable and revocable licence to download and use Vivlo on devices you own or control, for your own private, non-commercial use, in line with these terms and the rules of the app store you downloaded it from. We keep all rights we don't expressly give you.
Acceptable use
When using Vivlo, you agree not to:
- rely on it as a substitute for professional veterinary, medical or other qualified advice;
- copy, modify, resell, rent, reverse-engineer or try to extract our source code, except where the law allows;
- use it unlawfully, for anyone else's animal without a proper basis, or in any way that could harm the app, us or other users;
- upload content you don't have the right to, or anything unlawful, misleading or harmful.
We may suspend or end your access if you break these rules.
Subscriptions, payments and renewals
Vivlo is free to use during the closed beta. When paid features ("Vivlo Premium") are available, the following applies.
- Billing. Subscriptions are sold and billed through the Apple App Store or Google Play, under their terms. We don't take your card details ourselves.
- Renewal. Subscriptions renew automatically at the end of each period (for example monthly or yearly) unless you cancel at least 24 hours before it renews. Your store account is charged for renewal.
- Cancelling. You manage and cancel your subscription in your Apple or Google account settings, not in the app. Cancelling stops the next renewal; you keep Premium until the end of the period you've paid for.
- Prices. We'll show the current price before you buy. If we change prices, we'll tell you in advance, and changes won't affect a period you've already paid for.
- Refunds. Refunds are handled under the app store's policy and your statutory rights. Because Premium is digital content supplied immediately, your 14-day right to cancel may not apply once you start using it, but nothing here removes rights you have under the Consumer Rights Act 2015 or the Consumer Contracts Regulations 2013.
Your data and your content
Your puppy's records, photos and notes are stored on your device and stay yours. The exception is family sharing: if you turn it on, we also hold a copy of your puppy's profile and weigh-in history so the people you invite can read it, and we delete that copy from our live systems when you stop sharing.
We only ask for a limited licence to use that content where it's needed to run a feature you have asked for: to show your own chart, and, if you turn on family sharing, to store your puppy's profile and weigh-ins and show them to the people you invite. You're responsible for the information you put in, for who you invite into a share, and for keeping your own backup if you want one. How we handle personal data is set out in our Privacy Policy.
The Vivlo assistant (AI)
Ask Vivlo uses AI to answer questions in plain English. AI can be wrong, incomplete or out of date. Its answers are general information, not veterinary advice, and must not be relied on for health decisions. When you ask a question, your text is sent to our AI provider to generate a reply, as described in our Privacy Policy. Please re-read section 3: the assistant is never a substitute for your vet.
App stores and other third parties
If you downloaded Vivlo from the Apple App Store, you agree that: these terms are between you and Vivlo only, not Apple; Apple has no obligation to provide maintenance or support for the app; Apple is not responsible for the app or any claims relating to it (including product liability, legal or regulatory claims, or consumer protection claims); and Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them. You confirm you are not in a country subject to a US Government embargo and are not on a US restricted-parties list. Similar terms apply to Google Play and other stores. You must also comply with the relevant app store's terms.
Our intellectual property
Vivlo, its name, logo, design, content and software are owned by us or our licensors and are protected by law. These terms don't give you any ownership of them, only the limited licence in section 4.
The app is provided "as is"
We work hard to make Vivlo accurate, useful and reliable, but we provide it "as is" and "as available". To the extent the law allows, we don't guarantee that the information is accurate, complete or up to date, that projections or estimates will match your individual dog, or that the app will always be available, uninterrupted or error-free. This does not affect the vet disclaimer in section 3 or your consumer rights.
Our responsibility for loss or damage
We never limit liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and for any of your legal rights as a consumer that cannot be excluded, including under the Consumer Rights Act 2015.
Subject to that, and because Vivlo provides general information rather than professional advice:
- we are not responsible for decisions you make, or don't make, based on the app, and you remain responsible for your puppy's care and for seeking veterinary advice;
- we are not liable for loss or damage that wasn't reasonably foreseeable, or that was caused by information you entered being wrong or incomplete;
- we supply Vivlo for private, domestic use only, so we are not liable for business losses such as loss of profit, or for losses relating to high-value animals (for example show or breeding animals);
- where our liability is not otherwise excluded and can lawfully be limited, our total liability to you is limited to the greater of the amount you paid us for the app in the 12 months before the claim, or £100.
Indemnity
If someone brings a claim against us because you have misused Vivlo or broken these terms, you agree to reimburse us for reasonable losses and costs directly caused by that, to the extent it was your fault. This does not apply to anything caused by us, and does not affect your consumer rights.
Changes, suspension and ending your use
Vivlo is developing quickly during the beta, so we may add, change or remove features, and we may update these terms. If a change is significant, we'll give you reasonable notice (for example in the app or by email), and continuing to use Vivlo means you accept the updated terms. You can stop using Vivlo at any time by uninstalling it. We may suspend or end your access if you break these terms or if we stop providing the app.
If you have a problem
Please contact us first at info@vivlo.co.uk, we want to put things right. Nothing in these terms affects your statutory rights, and you can still take a complaint to the relevant consumer body.
Governing law and where you can bring claims
These terms are governed by the law of England and Wales. You can bring a claim in the courts of England and Wales, and if you live elsewhere in the UK you may also be able to bring a claim in your local courts. If you are a consumer outside the UK, you keep the benefit of any mandatory protections of the country you live in.
Other important terms
If any part of these terms is found to be invalid, the rest still applies. If we don't enforce a term straight away, we can still enforce it later. We may transfer these terms to another company (for example if our business is sold), and your rights won't be affected. These terms are the entire agreement between us about the app.
Contact
Questions about these terms? Email info@vivlo.co.uk and a real person will reply.