Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and VIVIFi, a division of VIVID Group ("Company," "we," "our," or "us"), concerning your access to and use of the VIVIFi website and client portal platform (collectively, the "Services").

By accessing or using our Services, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must discontinue use of the Services immediately.

2. Description of Services

VIVIFi provides a client portal platform for construction financing, bridge lending, investment advisory, and construction management services. Our Services include but are not limited to:

• Client portal access for project tracking and management
• Document upload, storage, and electronic signature capabilities
• Financial reporting and draw schedule management
• Construction progress tracking with Gantt charts and milestone reporting
• Payment processing and invoice management
• Communication tools between clients and the VIVIFi team

3. User Accounts

To access certain features of the Services, you must create an account or be provided credentials by a VIVIFi administrator. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. Acceptable Use

You agree not to use the Services to:

• Violate any applicable federal, state, local, or international law or regulation
• Upload or transmit viruses, malware, or any other malicious code
• Attempt to gain unauthorized access to any portion of the Services or any other systems or networks
• Interfere with or disrupt the integrity or performance of the Services
• Upload false, misleading, or fraudulent documents or information
• Use the Services for any purpose other than its intended business use
• Share your account credentials with unauthorized third parties

5. Document Management and Electronic Signatures

Our Services include document management and electronic signature capabilities. By using these features, you acknowledge and agree that:

• Electronic signatures executed through our platform are legally binding to the extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Uniform Electronic Transactions Act (UETA).
• You are responsible for reviewing all documents before signing them electronically.
• Documents uploaded to the platform are stored securely but you should maintain your own copies of all important documents.
• We may use third-party services (such as DocuSign) to facilitate electronic signatures, and your use of those services is subject to their respective terms.

6. Payment Terms

Certain Services may require payment. All payments processed through our platform are handled by Stripe, a third-party payment processor. By making a payment, you agree to Stripe's terms of service. All fees are non-refundable unless otherwise stated in writing. We reserve the right to change our fees at any time with reasonable notice.

7. Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8. Confidentiality

You acknowledge that through your use of the Services, you may have access to confidential information belonging to VIVIFi, its clients, or its business partners. You agree to maintain the confidentiality of all such information and not to disclose it to any third party without prior written consent.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Fulton County, Georgia.

12. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Services and updating the "Last updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

13. Contact Information

For questions about these Terms, please contact us at: