ViviaFi: Terms of Use

Last Update – 04/12/2024

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. BY ACCESSING OUR SITE, USING THE SERVICES, OR CLICKING ON A BOX OR ICON, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR SERVICES AND MUST DISCONTINUE YOUR USE OF THE SITE AND SERVICES.

TERMS OF USE

This Terms and Conditions of Use Agreement (“Terms of Use”) is made between Finsana, LLC. and its subsidiaries, and affiliates operating under the ViviaFi brand,(, (hereinafter “Company,” “Us” or “We”), and you, the user (hereinafter “Customer” “You,” “Your,” “or “User). These Terms of Use apply to the Company, its website https://www.viviafi.com/, including any part or pages thereof and all associated Company sites linked to this website and mobile applications (collectively, the “Site(s)”); as well as all products, services, content, features, offers, and the like (collectively the “Services”) This Site is the property of Company.

YOUR USE OF ANY PART OF THIS WEBSITES CONSTITUTES YOUR AGREEMENT TO BE BOUND THESE TERMS OF USE. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT ITS DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO WWW.VIVIAFI.COM.

Although we strive to update the content of the Site in a timely manner, errors and/or omissions may occur, and we do not guarantee the accuracy or completeness of the Site.

You may not interfere with the security of, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.

Privacy Policy, Changes to Terms of Use, and other Policies

Your use of this Site is also subject to, and governed by, any posted policies, guidelines, or rules applicable to use of the Site and any service provided by the Site, including our Privacy Policy. https://www.viviafi.com/privacy-policy. All such policies, guidelines, and rules are hereby incorporated by reference into these Terms of Use.

We reserve the right, in our sole discretion, to modify these Terms of Use from time to time. Changes to these Terms of Use will become effective immediately upon posting thereof. Please review these Terms of Use often to keep yourself apprised of any changes. The date of the last in time review and change will be posted on the Terms of Use page. You understand and agree that your continued use of the Site after we have made any such changes constitutes that you have accepted the new Terms of Use.

Use of Site

Company expressly authorizes the use of this Site for personal, non-commercial, use only unless expressly stated otherwise in writing. This includes viewing the content and retaining documents for personal use only.

Use of certain Site resources, services, products, links or other content, may ask You to provide certain personal information, registration details or other information. It is a condition of Your use of this Site that if you choose to share such information, that all the information you provide will be correct, current, and complete to the best of Your ability.

You agree that you will not modify, copy, distribute, display, send, perform, reproduce, alter, modify publish, license, create derivative works of, transfer, sell, publicly display, or otherwise infringe upon any intellectual property rights related to any information, content, software, products, or services obtained from or otherwise connected to Company’s Sites, in whole or in part whether through an automated or manual process.

Mobile Device Usage

You are responsible for all costs incurred by You from third parties with whom you contract for use or access to our Site or Services, including costs incurred from accessing our service on a mobile device, including data usage fees and other telecommunications fees.

Restrictions on Use

You agree to abide by all applicable laws and regulations in your use of the Sites and Our Services. In addition, You agree that You will not do any of the following:

  • register for more than one account, or register for an account on behalf of an individual other than yourself or on behalf of any group or entity;
  • use the information or content on Our Site to send unwanted messages to any other user;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • solicit personal identifying information from anyone for commercial or unlawful purposes;
  • use the Site or our Services in any manner that could damage, disable, overburden, or impair the Site;
  • harvest or collect email addresses or other contact information of our users from the Site by electronic or other means, including via the use automated scripts; or
  • post or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

Disruption of Service

Access to this Site may from time to time become unavailable, delayed, limited, or slowed due to causes beyond our control. We make no guarantees as to the availability of the Site.

No Professional Advice or Accuracy

The content on our Website is provided for general information purposes only. You should not rely on the blogs or general postings done on it. We encourage you to consult with trained professionals before taking, or refraining from taking, any action based on the information on our site. 

Although our Website offers information on numerous of financial products or services, there might be other products not listed that would offer better solutions to you. In such a case, Company has no responsibility or liability in informing you or not on all options available to you not included on our site.

We go through a great deal of work to try to update the information on our website, but we make no representations, warranties, or guarantees, whether express or implied, that everything posted is accurate, or up to date. By using our website you do so at your own risk and neither Company nor its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.

No Unlawful Access

You agree that you will not use Company’s Websites in any manner that could in any way disable, overburden, damage, or impair the Websites or otherwise interfere with any other party’s use and enjoyment of the Websites.

Any availability of service of this site does not mean that Company is distributing or soliciting any person where such services are prohibited by law. You agree not to or use materials, products or services in violation of any law. The use of this website is at the discretion of Company and Company may terminate your use of this website at any time.

Intended Audience

This Site and any Services offered are intended solely for users who are 18 years of age or older. Any information provided from anyone under the age of 18 will be removed from our site immediately.

Accounts and Registration

In the event that You register for an account and apply for a loan through the Site, You agree to provide current, complete, and accurate information about Yourself. If any information You provide is untrue, inaccurate, not current, or incomplete, We reserve the right to reject or cancel your account registration, reject any application you have submitted, terminate any agreement We have with You, and restrict your future use of the Site and our Services.

You are responsible for maintaining the confidentiality of Your account and password. Company is not liable for any harm related to the theft of your access credentials, Your disclosure of access credentials, or Your decision to allow another person or entity to access and use the Site using your access credentials. You agree to accept responsibility for all activities that occur under your account. If You have reason to believe that your account is no longer secure, then you must immediately notify us.

Site and Account Security

You acknowledge that use of a username and a password is considered an adequate form of security. You acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions.

We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. It is your responsibility to protect the security of your login information. Please note that emails and other communications you send to us through our Site are not encrypted.

Company reserves the right to release Your information when We reasonably believe such disclosure is appropriate to comply with applicable laws, to enforce our contracts and agreements, to protect the rights and safety of other customers, in response to a governmental legal request, or for purposes of fraud protection.

Note that when you log into your account, we verify your identity using 2 factor- authentication (2FA) by sending a one-time 4 digits code via either email or text message (SMS). We will send only one message per code request. You will need this code to complete your login. By entering your information, you consent to such one-time communications. Message and data rates may apply.

Text Message Policy

Please be aware that any text messages we send can be viewed by anyone who has access to your phone. These messages may include marketing offers, Customer Support Messages, updates about your account status, such as application updates, payment reminders, late payment notifications, recent payment confirmations, and account balance notifications.

Message and data rates may apply for our confirmation message and any subsequent messages. To keep your information private, make sure to protect your phone and text messages. Do not send any confidential information via text message.

If you change your mobile number or plan to give your phone to someone else, please inform us immediately.

If we update this Text Message Policy, we will notify you by sending a text message with a link to the new policy. We reserve the right to terminate or change our text message program at any time.

Opt-out or STOP

This policy applies to the operational text messages sent by ViviaFi to our customers while and after they use our product. If you wish to stop receiving text messages from ViviaFi, reply to any text message we have sent you and, in the reply, text simply type STOP or STOPALL. Your stop request will become effective immediately. You may also stop text messages by calling us or emailing us with STOP in the Subject line using the contact information on this page.

Credit Information

You agree that by registering on our site and applying for a loan Your personal information will be used by Us for obtaining credit information, study and asses Your creditworthiness based on Our risk tolerance and/or, review credit reports in order to determine eligibility for products or services requested by You. We may share this information with potential creditors, credit reporting agencies, our contractors or vendors, affiliates, service providers or other third parties we engage with. This includes, but is not limited to, agencies that acquire bad debt, collection agencies, data processing agencies and information technology providers.

You expressively authorize Us to obtain copies of Your credit reports from one or more credit reporting agencies as well as to contact Your place of work to verify your employment. You also consent that We can request your credit information from credit reporting agencies up to one (1) year after your lending relationship is terminated or after your application is declined or withdrawn.

Right to Monitor

Company reserves the right, but is not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by Our staff. Notwithstanding the foregoing, You remain solely responsible for Your use of any information contained on the Site.

Your Content and Information Sharing

By providing information or content on the Site, you expressly agree to all of the following:

  • You grant us a non-exclusive, transferable, sub-licensable, royalty-free, world-wide license to use any information or content that you provide in connection with your use of the Site and our Services, subject to the privacy provisions described in our Privacy Policy.
  • We have the right to review, delete, edit, modify, reformat, excerpt, or translate any of your information or content.
  • You are solely responsible for the content and information you make available through or in connection with our Services.
  • All the information and content posted on the Site or privately transmitted through the Site or via other means in connection with our Services is the sole responsibility of the person from which that content originated. We will not be responsible for any errors or omissions in any information or content posted by a user.
  • We will not share or sell any of your information with any third party, except as specifically described in our Privacy Policy, which is incorporated by reference into these Terms of Use.

Right to Terminate Use

Company reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. Company reserves the right to terminate your access to any or all of the Services at any time without notice for any reason whatsoever.

Marketing Offers

In connection with Your use of Our Services, We may send or otherwise provide you with other marketing offers about third-party financial products or services that may be of interest to you in accordance with our Privacy Policy. If you have any questions regarding any of these marketing offers, You must contact the third party directly. You should exercise Your own judgment and obtain any expert advice You consider necessary prior to entering into an arrangement with any third party.

Hyperlinking

This Site may be hyperlinked to and by other websites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or Company. Company has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Company Site to another web page should be accessed at the User’s own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site.

Intellectual Property Proprietary Rights; Copyrights; Trademarks

All software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements (collectively, “Content”); as well as all related logos, service marks, page headers, custom graphics, button icons, and scripts (collectively, “the Trademarks”)are the property of Company and/or its subsidiaries, affiliates, assigns, licensors, vendors, partners or other respective owners and are protected, without limitation, pursuant to copyright laws. No Site Content may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcast or circulated to any third party without Our express prior written consent.

All right, title and interest in and to the Website, any content thereon, our products and services, the technology related to our products and services, and any and all technology and any content created or derived from any of the foregoing is our or our licensors’ exclusive property.

Copyright Infringement 

If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via mail, email, or any other form of communication that we have agreed to receive documents from you in writing. In your notification please: 

an electronic or physical signature of the person authorized to act on behalf of the claimed owner of the copyright or other intellectual property interest; 

  • confirm you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed; 
  • identify the copyrighted work or works you claim has been infringed, including its location on the Site; 
  • provide your contact details, including at a minimum your address, telephone number, and email address; 
  • provide a statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and 
  • a statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  

Send the information to Company’s Copyright Agent for notice of claims of copyright infringement on its Site as follows:  

Copyright Agent: To Customer Service
Attention Copyright
Phone:1-866-268-2773
e-mail: customerservice@viviafi.com

Limitation on Liability and Disclaimer

Neither Company, nor any other party involved in creating, producing, or delivering the site materials, makes any representation or warranties whatsoever. Everything on this Site is provided to you “AS IS” without any warranties of any kind, either express or implied. This includes, but is not limited to warranties of merchantability, non-infringement of third-party rights, freedom from viruses or other harmful code, that access will be uninterrupted, and fitness for a particular purpose. You agree that all access and use of the Site and its contents and your use of the Services is at your own risk. Neither We, nor any third party involved in creating, producing or delivering the Site and/or Services, has or will have any responsibility for any consequences relating, directly or indirectly, to any action or inaction that you may take based on the Site and/or Services, or any aspect thereof.

EXCEPT WHERE PROHIBITED BY LAW, NEITHER COMPANY, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY DEFECTS, FAULTS, INTERRUPTIONS OR DELAYS IN THE OPERATION OR TRANSMISSION, PRODUCT, AND/OR OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SITE/SERVICES. UNDER NO CIRCUMSTANCES WILL ANY OF THE PARTIES BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF, BASED ON, RESULTING FROM, OR IN CONNECTION WITH THE SITE/SERVICE OR PRODUCT, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Any estimates or examples that we provide on the Site for any loan rates, amounts, terms, fees, or other information, may be different than actual amounts. You agree that we may promptly correct any error that we discover, including any error in calculating your loan rates. If the error results in your receipt of an incorrect interest rate, APR or fee, we will notify you and provide you with the correct rate. You agree to provide any additional consent necessary to correct any errors that occur.

Company is not responsible or liable for any loss or damages that result from personal or confidential material sent to Company, or if Company sends such information at Your request, or any action or decision made by You in reliance on this Site, including, but not limited to, its contents, any unauthorized use or reproduction of this Site, even if Company has been advised of the possibility of these damages.

Indemnity

By using the Site, you agree to indemnify and hold Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your , any third party content You post or share on or through the Site, Your use or misuse of the Site or Services, your conduct in connection with the Site or with other users of the Site, or any violation of these Terms of Use or of any law or the rights of any third party. You will cooperate as fully as reasonably required in the defense of any such claim or demand. We and any third party involved in creating, producing or delivering the Site or Services reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and You will not in any event settle any such matter without Our prior written consent and any such third party.

MISCELLANEOUS TERMS

Applicable Laws

EXCEPT WHERE PROHIBITED BY LAW, these Terms of Use shall be governed by and construed in accordance with the laws of Delaware applicable therein, and any dispute is to be submitted to a court of competent jurisdiction within the state. You agree to comply with all applicable laws regarding Your use of the Site.

Relationship of the Parties

You agree that no joint ventures, partnership, employment, or agency relationship exists between You and Company as a result of these Terms of Uses, or use of Company Site.

Waiver

The failure of Site or Company to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any waiver of these Terms of Use by Site or Company must be in writing and signed by an authorized representative of Site or Company.

Severability

If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

Entire Agreement

These Terms of Use and any and all other legal notices or statements posted on the Website or App constitute the entire agreement between you and Company with respect to the use of the Website, including the Content.

Language

The parties hereto have expressly requested and required that these Terms of Use and all other related documents, including notices, be drawn up in the English language.

Contact Information

You can contact Company about the Terms of Use, the Privacy Policy, or for any other purpose by using the form here https://www.viviafi.com/contact-us/ Or by emailing or writing us at:

Company
Phone: 1-866-268-2773
Website: https://www.viviafi.com/contact-us/
Email: customerservice@viviafi.com
Mail: Finsana, LLC DBA Vivia Finance
40 east main St., Suite 147
Newark, DE, 19711

ViviaFi is not a lender in all states. Not all applications are approved. Approval and loan terms vary based on applicant qualifications and by state.

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© ViviaFi 2024. All Rights Reserved. -ViviaFi is not a lender in all states. ViviaFi uses various credit reports, data sources, and application information as part of their underwriting. Not all applications are approved. Approval and loan terms vary based on applicant qualifications and by state. Decision may take longer if additional verification or documents are required. †Applications approved before 1:30 p.m. CT Monday-Friday are generally funded same business day, subject to your bank's processing times. Applications approved other times are generally funded the next business day. Some applications may require additional verification. In such cases, if approved, funds will be disbursed by the following business day after the additional verifications are complete.
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