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Terms and Conditions of Use and Sale of the services of APLI SARLU

Version 1.0 — Last updated: September 2026

These Terms and Conditions of Use (“Terms”) govern access to and use of the VIVA mobile application and its websites, interfaces, features, content and related services (together, the “Service”), published by APLI SARLU. By creating an Account or using the Service, the User acknowledges having read, understood and accepted without reservation these Terms, the Privacy Policy, the Child Safety Policy, the Safety Guidelines and the VIVA Community Guidelines, as well as the commitment signed at registration. A User who does not accept these documents must not create an Account or use the Service.

1. Identification of the publisher

Publisher / operator: APLI SARLU, a single-member limited liability company under the laws of Madagascar

Registered office: LOGT 51, Cité Ampefiloha, Antananarivo, Madagascar

Trade register (RCS): RCS Antananarivo 2025 B 00769

Tax ID (NIF): 4019287505

Statistical ID (STAT): 62011 11 2025 0 10781

Legal representative / Publishing director: Ali Pirbay

Contact (general, safety, privacy): contact@viva-khoja.com

In these Terms, “VIVA”, “APLI”, “the Company”, “we”, “us” or “our” refer to APLI SARLU as the context requires.

2. Definitions

  • Application: the VIVA mobile application and, where applicable, any related web interface.
  • Account: the personal space created by a User in order to access the Service.
  • Community: the Khoja Shia Ithna Asheri community, within which the Service supports marriage projects.
  • Content: any text, photo, image, audio, data, message, information, link or other item transmitted, published, sent or made accessible through the Service.
  • User Content: any Content provided by a User.
  • Suggestion: a profile proposed by the Service to a User, according to the criteria each has declared.
  • Interest: the request for an introduction that one User sends to another. An accepted Interest opens a Conversation.
  • Conversation: the exchange of messages between two Users who have been introduced.
  • Matchmaker: a member of the Community, appointed by VIVA, who may propose introductions to Users who have authorised it.
  • Service: all the features provided by VIVA, including the tools for suggestion, introduction, communication, moderation and verification.
  • User: any natural person of legal age using the Service.
  • Subscription: the paid subscription on which access to the Service depends.
  • Technical Partner: any service provider acting on behalf of VIVA, in particular for hosting, authentication, payment, messaging, notifications, security, identity verification or support.

3. Purpose and nature of the Service

VIVA provides a technology platform allowing adults with a marriage project within the Community to discover other Users, express an Interest and, where that Interest is mutual, communicate, with a view to marriage.

VIVA is not a matrimonial agency in the sense of an intermediary that negotiates or concludes a union, nor an advisory service, a background-check service, a private security service, a guarantor of good character, an agent of any User, or a party to any relationship, meeting, union or transaction that may take place between Users or between their families.

VIVA does not organise, supervise or control in-person meetings between Users. Any decision to pursue a Conversation, to communicate outside the Application, to involve relatives or to meet a person in the real world is taken independently by the persons concerned.

VIVA’s obligation is a best-efforts obligation (obligation de moyens), not an obligation to achieve a result, consisting in particular of making the Service available in accordance with the features offered, subject to technical availability, maintenance, moderation rules and the limits set out in these Terms.

4. Eligibility

4.1 Service strictly reserved for adults

The Service is strictly reserved for persons aged 18 or over. The Application refuses any date of birth indicating a lower age.

By creating an Account, the User declares and warrants that they:

  • are at least 18 years of age;
  • have the legal capacity to enter into these Terms;
  • provide accurate, sincere and up-to-date information;
  • use their own email address, identity, photos and means of authentication;
  • have not been permanently banned from VIVA, unless VIVA has given prior written authorisation;
  • are not legally prevented from using an introduction service or from communicating with other persons;
  • will not use the Service for any purpose contrary to the law, to the safety of others or to these Terms.

Any false declaration of age, impersonation, use of forged documents or circumvention of a security measure constitutes a serious breach of these Terms and may result in the immediate suspension or deletion of the Account.

4.2 A service for a marriage project within the Community

The Service is designed for single, divorced or widowed persons who have a marriage project within the Khoja Shia Ithna Asheri Community. By creating an Account, the User declares that they are pursuing this project and that their profile is accurate and sincere.

VIVA keeps no register of the Community and does not verify the origin of its Users. It relies on the User’s declaration, on the consistency of their profile and, where applicable, on reports from other Users or from Matchmakers.

VIVA reserves the right to refuse the creation of an Account, or to suspend or delete an existing Account, where it reasonably appears that its holder is not using the Service for the purpose for which it is designed — a marriage project within the Community — or that their profile is inaccurate. Such a decision concerns the use of the Service and the accuracy of the profile.

4.3 The User’s commitment

Before completing their profile, the User signs a three-point commitment in the Application: to seek marriage and not to pass the time; to treat everyone with the respect they wish to receive; to be the person their profile shows. This commitment is dated and kept with the Account. It forms an integral part of these Terms, and a manifest breach of it constitutes a breach of these Terms.

VIVA may request additional information in order to verify the age, identity or compliance of an Account where this appears reasonably necessary.

5. Account creation and security

The Account is personal, individual, non-assignable and non-transferable. Each User may hold only one active Account.

Creating an Account requires confirmation of the email address by a code sent to that address. An Account may also be created using a Google or Apple account; the email address transmitted by that provider is then deemed confirmed.

The User is responsible for the confidentiality of their credentials, codes and devices. They must inform VIVA without delay of any unauthorised access, loss of a device, compromise of credentials or suspicious use of the Account.

VIVA may temporarily block an Account where a compromise, fraud, impersonation or security risk is suspected.

The fact that an action is performed from an Account does not deprive the User of the possibility of demonstrating a compromise, but VIVA may reasonably treat activities carried out with valid credentials as originating from the holder as long as no anomaly has been reported.

6. Identity verification, badge and absence of guarantee

VIVA offers each User, from the settings of the Application, an optional identity verification carried out by a specialised provider: a photograph of an official identity document and a selfie, with automated face comparison. A User whose verification has succeeded carries a “verified” badge visible to other Users and to Matchmakers.

Any verification, badge or validation has a limited scope. A successful verification means only that the elements checked satisfied the process used at the time of the check. It never constitutes:

  • a certification of good character;
  • a police or security investigation;
  • an exhaustive check of civil or criminal records;
  • a guarantee of a User’s absolute identity;
  • a guarantee of their real age in the event of sophisticated fraud or a forged document;
  • a guarantee of their marital status, intentions, future behaviour, health, personal situation or safety.

VIVA does not systematically check the criminal records or background of each User.

The User acknowledges that any verification mechanism may be circumvented, deceived or affected by technical or human error. The processing of verification data is described in the Privacy Policy.

7. Suggestions and algorithmic operation

Each day, the Service offers the User a limited number of Suggestions (three as of this version), selected by an algorithm from the criteria each person has declared: age, situation, religious practice, location, languages, plans, and the search criteria entered by the User. The number of Interests a User may express is also limited per period (seven per week as of this version). These limits are part of the design of the Service and may change.

The Service does not use generative artificial intelligence to produce profiles, messages or advice.

These suggestions are estimates. They guarantee no compatibility, sincerity, safety, reciprocity, meeting, union or particular outcome. A Suggestion, a display order or a compatibility indicator constitutes neither an endorsement, nor a personal recommendation, nor a guarantee by VIVA concerning the User in question.

Unless the law provides otherwise, the User remains solely responsible for any decision taken on the basis of a Suggestion.

8. General rules of conduct

The User undertakes to respect other persons and to use the Service in good faith, for its matrimonial purpose. In particular, it is prohibited to:

  • harass, threaten, intimidate, stalk, humiliate or pressure another person;
  • make hateful, discriminatory, violent or dehumanising statements;
  • impersonate a third party or create a fake profile;
  • lie materially about one’s age, identity, marital status or intentions;
  • use the Service without matrimonial intent, for entertainment, casual relationships or experimentation;
  • publish or transmit sexual content;
  • distribute, threaten to distribute or solicit intimate images;
  • share content depicting or sexualising a minor;
  • seek, contact, solicit or attempt to meet a minor;
  • organise or facilitate prostitution, exploitation, human trafficking, smuggling or criminal activity;
  • ask for money, or organise a scam, an investment, a loan, a transfer of funds or a deceptive financial transaction;
  • promote a product, service, recruitment, commercial activity, pyramid scheme or solicitation without VIVA’s written authorisation;
  • collect, copy, scrape or reuse other Users’ data by scraping, bot, script or other unauthorised automation;
  • circumvent security measures, the limits of the Service (number of Suggestions, of Interests) or an Account sanction;
  • introduce a virus, malicious code or harmful payload, or attempt to access VIVA’s systems without authorisation;
  • publish another person’s private contact details, identity documents or confidential information without authorisation;
  • use the Service to incite violence, a crime or dangerous behaviour;
  • infringe the intellectual property rights, privacy or rights of a third party.

The VIVA Community Guidelines form an integral part of these Terms and detail these prohibitions.

9. User Content

The User remains the owner of the rights they hold in their User Content.

By transmitting Content to VIVA, the User grants VIVA, for the duration necessary for the operation of the Service and subject to applicable law, a non-exclusive, worldwide, royalty-free licence, technically sub-licensable to its providers, to host, store, reproduce, adapt to format, display, transmit, moderate, analyse and process that Content solely to the extent necessary to:

  • provide the requested features;
  • display the profile to the Users to whom it is proposed and, where the User has authorised it, to Matchmakers;
  • display Conversations to their recipients;
  • ensure security, abuse prevention and moderation;
  • resolve an incident or a complaint;
  • comply with a legal obligation;
  • technically improve the Service under the applicable legal bases.

Profile photos are accessible only to signed-in Users, from the Application; they are not public on the Internet.

The use of identifiable Content for advertising or testimonial purposes requires separate authorisation from the User. A testimonial collected in the Application is published only with that authorisation.

The User warrants that they hold the necessary rights and authorisations over any Content they provide and that such Content violates neither the law nor the rights of a third party.

10. Matchmakers

VIVA may appoint, within the Community, Matchmakers responsible for proposing introductions.

A Matchmaker sees a User’s profile only if that User has expressly authorised it in the settings of the Application (“Permissions”). This authorisation is off by default and may be withdrawn at any time. Where it is given, the Matchmaker sees: the first name, age, city and country, photos, the introduction and answers to questions, religious practice, marital status, children, marriage timeframe, level of education, profession, languages, openness to relocation, attitude to smoking, verification status, an activity indicator, and the search criteria. They do not see whether the User wears the hijab, family origins, nationalities, countries of upbringing, height or interests; they never see identity documents, Conversations, the email address, the exact location or subscription details.

A Matchmaker’s proposal is an introduction like any other: each User remains free to accept or decline it. A Matchmaker acts within the framework defined by VIVA and by the Community Guidelines; they never ask for money, guarantee no outcome, and do not engage VIVA’s liability beyond what these Terms provide.

11. Moderation, reporting and blocking

VIVA may use a combination of reports, human checks and automated rules to detect breaches of the Terms or safety risks.

The User may report a profile, a message or a behaviour through the mechanisms available in the Application and may block another User. A blocked person disappears from the Suggestions, Interests and Conversations of the person who blocked them, and vice versa.

VIVA may, without this constituting a general obligation to monitor every communication in advance:

  • examine an Account, a report or Content;
  • temporarily restrict certain features;
  • hide or remove Content;
  • suspend, ban or delete an Account;
  • prevent Accounts from being recreated;
  • retain the elements necessary for security, for the defence of its rights or for cooperation with the authorities;
  • transmit information to the authorities where the law requires or permits it.

A security, moderation or verification measure does not guarantee that every dangerous, fraudulent, illegal or non-compliant behaviour will be detected before another User is exposed to it.

The fact that VIVA voluntarily puts in place security or moderation tools does not create a general guarantee of safety or an obligation to monitor all interactions in real time.

12. In-person meetings and off-platform interactions

In-person meetings are decided and organised independently of VIVA, under the responsibility of the Users concerned and, where applicable, of their families. VIVA is not present at meetings and controls neither the place, nor the real identity, nor the intentions, nor the behaviour of the persons met.

The User acknowledges that meeting people known online involves risks, including risks of deception, fraud, theft, harassment, violence, assault and other illegal behaviour.

It is for each User to assess these risks and to take reasonable precautions, in particular:

  • prefer a public place, or the presence of relatives, for a first meeting;
  • inform a relative of the time and place of the meeting;
  • keep their own means of transport or return;
  • avoid sharing their home address or financial information too early;
  • immediately end an interaction where a behaviour appears threatening or abnormal;
  • use the blocking and reporting features available.

Any communication continued by telephone, WhatsApp, email, social network or other third-party service takes place outside VIVA’s control. The Safety Guidelines detail these precautions.

13. Transactions, money, gifts and scams

VIVA is not a party to any financial transaction between Users, or between a User and a Matchmaker, and guarantees no payment, loan, investment, sale, gift, dowry or transfer of funds between them.

VIVA recommends never sending money or banking details to a person met through the Service. The only payment VIVA requests is that of the Subscription, by the means described in Article 14.

A User who nevertheless decides to enter into a transaction with another User does so at their own risk and under their sole responsibility, with no recourse against VIVA based solely on the fact that the persons met through the Service.

14. Subscription and payment

14.1 A paid Service

Access to the features of the Service — Suggestions, Interests, Conversations, Matchmakers’ proposals — is subject to a valid Subscription. Creating the Account and building the profile are free; the Subscription is taken out at the end of the profile-building process. The Service offers no free feature beyond that step, and no additional paid option.

Prices, durations and terms are those displayed in the Application at the time of subscription. Any price change is notified to the User before it takes effect and applies only to subsequent periods; the User may cancel beforehand. For an in-app purchase, the platform obtains the User’s agreement where required.

14.2 Subscription through the App Store or Google Play

On iOS and Android, the Subscription is offered monthly or yearly and is taken out by in-app purchase, from Apple (App Store) and Google (Google Play) respectively. It renews automatically at each due date unless cancelled by the User in the subscription settings of the platform concerned, before the due date according to that platform’s rules (at the latest twenty-four hours before on the App Store).

Billing, renewal, cancellation and refunds are subject to the rules and tools of the platform concerned. Deleting the Application or the Account does not cancel a subscription managed by Apple or Google: the User must cancel it themselves in the platform’s settings.

14.3 Subscription by Mobile Money (Madagascar)

For Users residing in Madagascar, where Google Play does not allow in-app purchases, the Subscription is offered monthly or yearly by Mobile Money payment (MVola, Orange Money, Airtel Money), processed by the provider Vanilla Pay International, in ariary.

This Subscription does not renew automatically: on the due date, access to the features of the Service is suspended until a new payment is made. The User may renew from seven days before the due date; the new period is then added to the current period, with no loss of days. No Mobile Money payment data is retained by VIVA; only the transaction identifier, the amount and the date are.

14.4 Common rules

Where the User is a consumer with a right of withdrawal, that right is exercised under the conditions and with the seller indicated at the time of purchase — Apple or Google for an in-app purchase. The Service is provided from the moment of subscription; a User who asks to benefit from it immediately may, depending on the law applicable to them, owe the part of the price corresponding to the period already used. Outside these cases, a period that has already begun is not refunded. A refund request for a purchase made through the App Store or Google Play is addressed to the platform concerned.

When the Subscription expires, the Account and the profile are retained; only access to the features is suspended until a new Subscription.

15. Suspension and termination

The User may stop using the Service and request the deletion of their Account at any time from the settings of the Application, under the terms described in the Privacy Policy and on the Account and Data Deletion page.

VIVA may suspend, restrict or delete an Account in particular in the event of:

  • a breach of these Terms, the Community Guidelines or the commitment signed at registration;
  • reasonable suspicion of fraud, impersonation or dangerous activity;
  • a credible report involving a person’s safety;
  • suspicion that a User is a minor;
  • reasonable indications that the User has no marriage project within the Community, or that their profile is inaccurate;
  • a risk to the security or integrity of the Service;
  • a legal obligation or a request from a competent authority;
  • an attempt to circumvent a sanction.

VIVA may take a precautionary measure before completing its analysis where a safety risk reasonably justifies it.

Where a notification or a challenge procedure is required by applicable law, VIVA implements it under the required conditions.

16. Inactivity

VIVA may deactivate or delete an Account with no sign-in for twenty-four (24) months, after a warning email sent thirty (30) days beforehand, subject to the retention periods necessary for security, legal obligations or the exercise of rights.

Where such deletion concerns an Account still linked to a subscription managed by Apple or Google, the User remains responsible for managing their subscription with that platform.

17. Third-party services and content

The Service integrates or refers to services provided by third parties: authentication (Google, Apple), payment (Apple, Google, Vanilla Pay International), identity verification (Didit), notifications, conversion of coordinates into a city name (geocoding, by Apple on iOS and Google on Android). VIVA does not control these services and guarantees neither their availability, nor their content, nor their practices. Their use may be subject to their own terms and privacy policies.

To the fullest extent permitted by law, VIVA is not liable for damage resulting exclusively from a third-party service independent of VIVA.

17.1 Provisions relating to the Apple App Store

Where the Application is downloaded from the Apple App Store, the following provisions apply in addition to these Terms and prevail in the event of conflict:

  • these Terms are concluded between the User and APLI SARLU only, and not with Apple Inc. (“Apple”); Apple is not responsible for the Application or its content;
  • the licence granted in Article 25 is limited to a non-transferable licence to use the Application on any Apple-branded device that the User owns or controls, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, including access by other accounts associated with the User via Family Sharing or volume purchasing;
  • APLI SARLU is solely responsible for providing any maintenance and support services with respect to the Application; Apple has no obligation whatsoever to furnish any such services;
  • in the event of any failure of the Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the Application, if any, to the User; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are the sole responsibility of APLI SARLU;
  • APLI SARLU, not Apple, is responsible for addressing any claims of the User or any third party relating to the Application or the User’s possession and/or use of it, including product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation;
  • in the event of any third-party claim that the Application or the User’s possession and use of it infringes that third party’s intellectual property rights, APLI SARLU, not Apple, is solely responsible for the investigation, defence, settlement and discharge of such claim;
  • the User represents and warrants that they are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that they are not listed on any U.S. Government list of prohibited or restricted parties;
  • the User must comply with applicable third-party terms of agreement when using the Application;
  • Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms (stipulation pour autrui): upon the User’s acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against the User as a third-party beneficiary thereof.

Subscriptions taken out through the App Store are governed by Article 14.2.

18. Availability of the Service and absence of guarantee of results

The Service is provided “as is” and “as available”, to the fullest extent permitted by law. In particular, VIVA does not guarantee:

  • permanent or uninterrupted availability;
  • the total absence of errors, bugs, incidents or data loss;
  • compatibility with all devices, networks or systems;
  • that a User will receive an Interest, a reply, a Matchmaker’s proposal, a meeting, or will conclude a marriage;
  • the accuracy of all information published by Users;
  • the absolute safety of any interaction;
  • the absence of fake profiles or malicious behaviour despite the security measures in place.

VIVA may modify, suspend or develop certain features for technical, security, legal or commercial reasons.

19. Essential clause — individual responsibility of Users

Each User is solely responsible for their own acts, statements, communications, choices, travel, meetings, commitments and transactions.

To the fullest extent permitted by applicable law, VIVA is not liable for the acts, omissions or behaviour of a User, of a Matchmaker acting outside the framework defined by VIVA, or of a third party, on or off the Service, including:

  • lies, fake profiles or impersonation;
  • false declaration of marital status or intent;
  • harassment, stalking, threats or intimidation;
  • theft, scams, fraud, extortion or blackmail;
  • discrimination or damage to reputation;
  • non-consensual distribution of private content;
  • assault, violence, unlawful confinement or damage to property;
  • sexual assault or violence;
  • criminal or unlawful acts of any kind;
  • bodily, moral, material or financial harm caused by another User or a third party.

The mere fact that two persons were introduced, communicated or discovered each other through VIVA — including on a Matchmaker’s proposal — does not transfer to VIVA responsibility for the subsequent acts of either of those persons.

20. Waiver and acceptance of risks relating to interactions

To the fullest extent permitted by applicable law, the User acknowledges that they accept the ordinary and reasonably foreseeable risks inherent in using an introduction service and in interacting with unknown persons.

Subject to liabilities that cannot legally be excluded, the User waives any claim against VIVA based exclusively on the behaviour of another User or a third party where VIVA has not itself committed a fault capable of engaging its liability under applicable law.

Nothing in these Terms is intended to exonerate the perpetrator of an unlawful act from their own liability.

21. Limitation of VIVA’s liability

If the User is a consumer within the meaning of the law of their country of residence, VIVA’s liability is that provided for by that law: VIVA is liable for damage caused by a breach of its obligations, and nothing in these Terms reduces that right to compensation or the statutory conformity guarantees applicable to digital services. The following paragraphs of this Article apply only to Users who do not have that status.

To the maximum extent permitted by applicable law, VIVA, APLI SARLU, its officers, employees, representatives, Matchmakers, providers and partners shall not be liable for indirect, consequential, incidental, special or intangible damage resulting from access to or use of the Service, including loss of profit, loss of opportunity, loss of data, moral or family harm, or damage resulting from the act of a User or a third party.

Except where a liability cap is prohibited by a mandatory rule, VIVA’s aggregate liability, on any basis and for any cause combined, in respect of an event related to the Service, is limited to the amount actually paid by the User to VIVA during the twelve (12) months immediately preceding the event giving rise to the claim.

The limitations in this Article are an essential element of the contractual balance and apply whatever the legal characterisation of the claim, subject to mandatory rules to the contrary.

22. Liabilities that cannot be excluded

Nothing in these Terms excludes or limits any liability where such exclusion or limitation is prohibited by a mandatory legal provision.

In particular, these Terms cannot deprive a person of a mandatory right arising, where applicable, from fraud or wilful misconduct by VIVA, from gross negligence where the law prohibits its exclusion, from harm attributable to VIVA that the law requires to be compensated, or from mandatory rights attached to personal data protection or consumer protection.

23. Indemnification of VIVA by the User

To the fullest extent permitted by law, the User undertakes to indemnify, defend and hold harmless VIVA, APLI SARLU, their officers, employees, representatives, providers and partners against any claim, proceeding, judgment, loss, damage, cost or reasonable defence expense resulting directly from:

  • the User’s breach of these Terms;
  • Content the User publishes or transmits;
  • the infringement of a third party’s rights;
  • unlawful, fraudulent, violent, abusive or dangerous behaviour on the User’s part;
  • a transaction or dispute the User causes with another User or a third party.

This obligation does not cover the part of any damage directly caused by VIVA’s own fault where its liability cannot be excluded by law.

24. Cooperation with the authorities and preservation of evidence

VIVA may preserve and disclose information where it believes in good faith that this is necessary to:

  • respond to a legally binding request or court order;
  • protect the rights or safety of a person;
  • prevent or investigate fraud, exploitation, a risk involving a minor or a serious offence;
  • exercise or defend VIVA’s rights.

Any disclosure of personal data is made in accordance with applicable regulations and the Privacy Policy.

25. VIVA’s intellectual property

The Application, the VIVA trademark, the software, databases, interfaces, graphic elements, texts, logos, features, models, systems and content belonging to VIVA or its licensors are protected by the applicable intellectual property rights.

VIVA grants the User a personal, limited, revocable, non-exclusive and non-transferable right to use the Service for private use in accordance with these Terms.

Without written authorisation, it is prohibited to copy, modify, distribute, disassemble, reverse-engineer, resell, commercially exploit or create a derivative service from VIVA, to the extent such prohibition is legally permitted.

26. Personal data

The processing of personal data is governed by the VIVA Privacy Policy, which forms an integral part of the contractual framework applicable to the Service. It describes in particular the processing of data relating to religious beliefs and practice, which the Service requires, and the consent the User gives to it when creating their Account.

27. Force majeure and events beyond reasonable control

VIVA shall not be liable for any delay, interruption or failure to perform resulting from an event beyond its reasonable control, including natural disaster, major infrastructure failure, power or telecommunications outage, external cyberattack despite reasonable measures, conflict, act of authority, external strike, widespread failure of a critical supplier or other case of force majeure recognised by applicable law.

28. Changes to the Service and to the Terms

VIVA may amend these Terms in particular to reflect a change in the Service, in security, in regulations or in technical practices.

Any substantial change will be brought to the attention of Users by appropriate means before it takes effect, where the law requires it. The version in force and its date appear at the top of this document.

Where express acceptance of a new version is legally required, VIVA may request a new validation before allowing continued use of the Service.

29. Assignment

VIVA may transfer all or part of its rights and obligations in the context of a restructuring, merger, acquisition, sale of business or comparable transaction, subject to the mandatory rights of Users and the rules applicable to data protection.

The User may not assign their Account or their access rights to the Service without VIVA’s written consent.

30. Severability

If any provision of these Terms is held to be void, unlawful or unenforceable, the other provisions remain in force. The provision concerned shall be interpreted or replaced, to the extent permitted by law, so as to come as close as possible to the original lawful objective.

31. No waiver

VIVA’s failure to exercise a right immediately does not constitute a waiver of that right.

32. Entire agreement

These Terms, the Privacy Policy, the Child Safety Policy, the Safety Guidelines, the Community Guidelines and the commitment signed at registration constitute, together with the specific information displayed at the time of a purchase or a feature, all the contractual rules applicable to the use of VIVA.

33. Survival

Clauses which, by their nature, must continue to have effect after the closure of an Account remain applicable, in particular those relating to intellectual property, liability, indemnification, evidence, cooperation with the authorities, disputes and the protection of legally retained data.

34. Governing law and dispute resolution

These Terms are governed by the laws of Madagascar. If the User is a consumer, they also benefit from the mandatory provisions of the law of the country where they habitually reside, which prevail over Malagasy law where they are more favourable to the User.

Before any proceedings, the User is invited to send a written complaint to contact@viva-khoja.com so as to allow an attempt at amicable settlement for thirty (30) days.

Failing an amicable agreement, the User may bring proceedings before the courts of Antananarivo, Madagascar or, if they are a consumer, before the courts of their country of residence; VIVA may bring proceedings against a consumer only before the latter.

35. Language

The French version of these Terms is the reference version, except where a mandatory rule gives precedence to another language version for a given User.

36. Contact

For any question about these Terms:

contact@viva-khoja.com