Terms & Conditions
Terms of Service governing access to and use of Vivo Control’s software, hardware, mobile applications, cloud platforms, and related services.
Terms and Conditions
Effective Date: December 20th, 2025
These Terms of Service (“Terms”) govern access to and use of the software, hardware, mobile applications, cloud platforms, and related services provided by Vivo Control, Inc. (“Vivo Control,” “we,” “us,” or “our”) (collectively, the “Services”).
These Terms apply to property owners, property managers, and other business customers (“Customer”) who access or use the Services, whether the Services are sold, installed, or supported through an Authorized Dealer.
By accessing or using the Services, Customer agrees to be bound by these Terms. If you are accepting these Terms on behalf of an entity, you represent that you have authority to bind that entity.
1. Authorized Dealers
Vivo Control may market, sell, install, or support the Services through Authorized Dealers. Authorized Dealers are independent contractors and are not agents, partners, or employees of Vivo Control.
All pricing, subscription fees, billing terms, payment obligations, and commercial terms are set solely by Vivo Control, regardless of whether an Authorized Dealer is involved in the sale or installation of the Services.
Authorized Dealers may facilitate sales, onboarding, installation, and first-line support pursuant to separate agreements. Vivo Control is not responsible for dealer workmanship, installation quality, on-site labor, cabling, or representations made outside Vivo Control’s written materials.
2. Account Registration and Access
Customer must provide accurate, complete, and current account information and keep it up to date. Customer is responsible for all activity under its account, including activity by property staff, tenants, visitors, and dealer-managed users.
Customer must safeguard account credentials and notify Vivo Control immediately of any unauthorized access. Vivo Control may suspend or restrict access to protect security, system integrity, or legal compliance.
3. License Grant and Permitted Use
Subject to these Terms and payment of applicable fees, Vivo Control grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services during the subscription term.
Customer may use the Services solely for property access management, visitor entry, credential issuance, audit logging, and related operational purposes.
Customer shall not reverse engineer, copy, resell, or misuse the Services or bypass security controls.
4. Fees, Billing, and Payment
Customer agrees to pay all fees established by Vivo Control, including subscription, per-unit, per-user, and applicable service fees. Vivo Control bills Customer directly, regardless of Authorized Dealer involvement.
Fees are billed in advance unless otherwise stated and are non-refundable, except as required by law or expressly agreed in writing. Vivo Control may suspend Services for non-payment after reasonable notice.
5. Hardware and Installation
Certain Services require Vivo Control-approved hardware, which may be sold or installed by Authorized Dealers.
Vivo Control is not responsible for failures caused by improper installation, network conditions, power interruptions, environmental factors, physical damage, vandalism, or third-party equipment. Hardware warranties, returns, and replacements may be governed by separate written terms.
6. Gate, Door, and Barrier Systems Disclaimer
Vivo Control does not design, manufacture, own, operate, install, repair, maintain, or service any physical gates, doors, barriers, operators, locks, motors, hinges, access hardware, or related mechanical or electromechanical systems (collectively, “Access Hardware”).
The Services do not control, guarantee, or ensure the proper, continuous, or safe operation of any Access Hardware. While the Services may transmit signals or commands to compatible third-party equipment, the physical operation and condition of Access Hardware remain entirely outside of Vivo Control’s control.
Customer is solely responsible for selecting, contracting with, and supervising any third parties used to install, repair, service, inspect, or maintain Access Hardware, including ensuring compliance with all applicable building codes, safety standards, accessibility requirements, and life-safety regulations.
Vivo Control does not recommend, approve, or assume responsibility for any installer, contractor, technician, or service provider chosen by Customer, whether or not such party is an Authorized Dealer.
Vivo Control shall not be liable for any failure, malfunction, delay, injury, damage, or loss arising from:
- Improper installation or maintenance of Access Hardware
- Mechanical or electrical failure
- Power, network, or environmental conditions
- Misuse, obstruction, or physical damage
- Acts or omissions of third-party installers or service providers
Customer acknowledges that the Services are not a life-safety system and shall not be relied upon as the sole means of operating, securing, or ensuring the safe functioning of any Access Hardware.
7. Privacy and Data Processing
Vivo Control processes personal information in accordance with its Privacy Notice, which is incorporated by reference.
Customer is the data controller, and Vivo Control acts as a service provider / processor with respect to tenant and visitor personal information. Customer is responsible for providing legally required notices, obtaining required consents, and managing individual rights requests, with Vivo Control’s assistance where applicable.
8. Third-Party Services
The Services may integrate with third-party services. Vivo Control does not control and is not responsible for third-party services or their terms.
9. Suspension and Termination
Vivo Control may suspend or terminate access if Customer breaches these Terms, fails to pay fees, or uses the Services unlawfully or in a manner that poses risk.
Upon termination, access rights cease immediately, outstanding fees remain due, and data handling follows the Privacy Notice and applicable law.
10. Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIVO CONTROL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIVO CONTROL SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. VIVO CONTROL’S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY CUSTOMER TO VIVO CONTROL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12. Indemnification
Customer agrees to indemnify and hold harmless Vivo Control from claims arising out of Customer’s use of the Services, violations of law, improper installation or servicing of Access Hardware, or failure to provide required notices or obtain consents.
13. Governing Law
These Terms shall be governed by the laws of the State of New York, without regard to conflict of law principles.
14. Changes to These Terms
Vivo Control may update these Terms from time to time. Continued use of the Services constitutes acceptance of the updated Terms.
15. Contact Information
- Email: info@vivocontrol.com
- Phone: +1 (646) 868-3008
- Mail: Vivo Control, Inc, 1185 Avenue of the Americas, 3rd Floor, New York, NY 10036