Terms & Conditions

1. Scope of Application

These General Terms and Conditions (T&C) apply to all contracts for the use of the VYVA platform between VYVA and its customers. Deviating conditions of the customer will not be recognized unless VYVA expressly agrees to their validity in writing.

2. Subject of the Contract

VYVA provides the customer with a cloud-based Software-as-a-Service (SaaS) platform that offers functions for managing and developing cosmetic formulations. The scope of services results from the selected license and the agreed functionalities.

3. Conclusion of Contract

The contract is concluded through the customer's registration and confirmation by VYVA. By registering, the customer declares that they have read and accepted these T&C.

4. Usage Rights

VYVA grants the customer a non-exclusive, non-transferable right to use the software for the duration of the contract. The customer is not authorized to: • Modify, decompile, or reverse-engineer the software • Pass on the software or parts thereof to third parties • Use the software outside the contractually agreed use

5. Customer Obligations

The customer undertakes to: • Use the platform only within the framework of applicable laws • Keep their access data secret and protect it from unauthorized access • Immediately inform VYVA of any misuse • Regularly make backup copies of their data

6. Availability

VYVA strives for the most uninterrupted availability of the platform. An availability of 99% on an annual average is targeted. Excluded are maintenance work, which is usually carried out outside regular business hours.

7. Remuneration and Payment

The remuneration is based on the selected plan. Payment is made monthly or annually in advance. In case of payment default, VYVA is entitled to block access to the platform.

8. Term and Termination

The contract is concluded for an indefinite period. Both parties can terminate with a notice period of 30 days to the end of the month. The right to extraordinary termination for good cause remains unaffected.

9. Liability

VYVA is liable without limitation for intent and gross negligence. For slight negligence, VYVA is only liable in case of breach of essential contractual obligations (cardinal obligations) and only to the extent of the contractually typical, foreseeable damage. Liability for data loss is limited to the typical recovery effort that would have occurred with regular and risk-appropriate backup copies.

10. Data Protection

The processing of personal data is carried out in accordance with applicable data protection regulations. Details can be found in our privacy policy.

11. Final Provisions

The law of the Federal Republic of Germany applies. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.