Terms of Service

Last updated: April 12, 2026

These Terms of Service ("Terms") govern your use of the Vivy mobile application and website at vivy.ai (together, the "Service"), operated by Flexible RE Company LLC ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

Vivy is a personal vacation assistant that helps you plan trips, coordinate with travel groups, and receive real-time assistance during travel. Vivy uses artificial intelligence to generate recommendations, communicate with you and your group, and learn your preferences over time.

Vivy provides suggestions and coordination — she does not directly book travel, process payments for third-party services, or guarantee the availability, quality, or accuracy of any third-party venue, service, or recommendation. You are responsible for verifying and confirming any bookings, reservations, or arrangements independently.

2. Eligibility

You must be at least 18 years old to create an account and use the Service. By using the Service, you represent that you are at least 18 and have the legal capacity to enter into these Terms. Parents or guardians may add children as named travelers on a trip, but children may not create their own accounts.

3. Account Registration

To use the Service, you must create an account using Apple Sign-In, Google Sign-In, or phone number verification. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Notify us immediately at hi@vivy.ai if you believe your account has been compromised.

You agree to provide accurate and complete information when creating your account and to keep it up to date.

4. User Content and Data

You retain ownership of all content you provide to the Service, including trip details, preferences, messages, and group information ("User Content"). By providing User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, store, and display your User Content solely to operate and improve the Service.

You are responsible for the accuracy of the information you provide, including contact information for group members you invite. You represent that you have the right to share any third-party information (such as group members' phone numbers and names) and that you have informed them that Vivy will contact them on your behalf.

5. Text Messages and Voice Calls

Vivy communicates with users and trip group members via SMS text messages and voice calls. By using the Service and providing your phone number, you expressly consent to receive autodialed or prerecorded text messages and voice calls from Vivy at the phone number you provide, for purposes including:

• Trip planning coordination and reminders
• Group member preference collection and communication
• Real-time trip updates and assistance
• Account verification and security

Message frequency varies based on trip activity. Message and data rates may apply. You can opt out of text messages at any time by replying STOP. You can opt out of voice calls in the app's settings. Reply HELP for assistance. Opting out may limit Vivy's ability to provide trip coordination services.

When you invite someone to a trip, Vivy will contact them by text or call on your behalf. You are responsible for ensuring that the person has consented to being contacted and that you have provided their correct contact information.

6. Subscriptions and Payments

Certain features of the Service require a paid subscription or one-time purchase. Pricing, billing terms, and refund policies are presented at the time of purchase. All payments are processed through third-party payment providers (such as the Apple App Store). Your purchase is also subject to the payment provider's terms.

Trip participants invited by an organizer are not required to pay. The organizer's subscription or purchase covers the trip for all invited members.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Interfere with, disrupt, or overburden the Service or its infrastructure.
• Attempt to access accounts, data, or systems that do not belong to you.
• Use automated means (bots, scrapers, crawlers) to access or extract data from the Service without our written consent.
• Use the Service to send unsolicited communications or spam.
• Provide false contact information for group members, or invite people to trips without their knowledge or consent.
• Use the Service to harass, abuse, or harm others.

We reserve the right to suspend or terminate your account for violations of these rules.

8. Intellectual Property

The Service, including its design, features, content, branding, and underlying technology, is owned by Flexible RE Company LLC and is protected by copyright, trademark, and other intellectual property laws. "Vivy" and the Vivy logo are trademarks of Flexible RE Company LLC. You may not copy, modify, distribute, or create derivative works of the Service without our written consent.

9. Third-Party Services

Vivy may recommend or link to third-party services, including restaurants, hotels, activities, and booking platforms. These recommendations are provided for your convenience and do not constitute an endorsement. We are not responsible for the availability, accuracy, quality, safety, or practices of any third-party service. Your use of third-party services is governed by their own terms and policies.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any recommendations, itineraries, or information provided by Vivy will be accurate, complete, or suitable for your needs. Vivy's suggestions are generated by artificial intelligence and should not be relied upon as professional travel, safety, or medical advice.

We do not guarantee the accuracy of information about third-party venues, including hours of operation, pricing, availability, reviews, or safety conditions. You should independently verify critical information before making travel decisions.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLEXIBLE RE COMPANY LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Flexible RE Company LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Content, your violation of these Terms, or your violation of any rights of another person or entity.

13. Termination

You may stop using the Service and delete your account at any time through the app's settings or by contacting us. We may suspend or terminate your account at any time for any reason, including violation of these Terms, with or without notice.

Upon termination, your right to use the Service ceases immediately. We will delete your personal data in accordance with our Privacy Policy. Sections of these Terms that by their nature should survive termination will survive, including Sections 10, 11, 12, and 14.

14. Dispute Resolution and Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Santa Clara County, California, and you consent to personal jurisdiction in those courts.

Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at hi@vivy.ai. If we cannot resolve the dispute within 30 days, either party may proceed with formal legal action.

15. General Provisions

• Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
• Notices: We may send notices to you via the app, email, or SMS. You may send notices to us at the contact information below.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page with a revised "Last updated" date and, where appropriate, by notifying you through the app or email. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, stop using the Service.

17. Contact Us

If you have questions about these Terms, contact us at:

Flexible RE Company LLC
228 Hamilton Avenue
Palo Alto, CA 94301
hi@vivy.ai