These Terms and Conditions (“Terms”) govern your use of the AI Assistant Chatbots powered by OpenAI L.L.C. or its affiliates (“OpenAI”) (the “Chatbots”) within the Viber App which offers access to certain AI-powered assistants (the “Services”). These Terms form a legally binding contract between you and Viber Media S.a.r.l. (“Viber“, “our“, “we” or “us“). These Terms supplement, and should be read together with the Viber Terms of Service and Viber Privacy Policy, as amended from time to time (“Viber Terms”), which govern your overall use of Viber’s services. Any matter in relation to the operation and your use of the Services not expressly covered herein shall be governed by the Viber Terms.
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
- The Chatbots are AI-powered assistants designed to provide informational and support interactions in various categories (e.g., sports, relationship, coaching, mindfulness, wellness, productivity and other areas). Each Chatbot relies on inputs, prompts, and context you provide to generate responses, and also uses your past prompts and conversation history to provide continuity and relevant responses. The quality and relevance of responses therefore depend directly on the information you choose to share. It supports text or media (and in the future, also voice or audio) inputs or prompts.
- By using the Services, you hereby agree, accept and acknowledge that your use of any Chatbot, including the provision and use of any content, data and information through the Chatbots, is at your own risk and Viber disclaims all responsibility and liability for any consequence as a result of the foregoing.
- You agree to use the Service only for lawful purposes and in compliance with these Terms, the Viber Terms, and applicable laws. Your use of the Services is also subject to the Viber Acceptable Use Policy, which are deemed incorporated in these Terms by reference. You also agree not to input personal data of others or any content without proper consent or authorization.
- When using the Services, you agree to the collection, processing, use, and sharing of your data in accordance with the Viber Privacy Policy. In addition to our usual data processing activities and practices related to your overall use of the Viber’s services, including interactions with chatbots, as described in the Viber Privacy Policy, you also acknowledge and agree that any content, data or information you input to interact with the Chatbots (“Chat Data”) will be collected and processed by Viber, as data controller, and transmitted to and stored by Open AI, as our processor, solely as necessary to provide you with the Services, which includes maintaining conversational context across sessions and ensuring relevant responses based on your previous inputs. The Chat Data will be stored for as long as necessary to provide you with the Services.
- While using the Services, we may ask for optional user feedback such as comments, ratings, or suggestions regarding your experience with the Chatbots (collectively, the “Feedback”). Providing any Feedback is entirely voluntary and will not affect nor restrict your ability to use the Services. If you choose to provide Feedback, this information will be processed based on our legitimate interests to evaluate and improve the Services without any fee or compensation to you.
- All content, data, results and responses via the Chatbots are powered, produced and generated by OpenAI. We do not create, author, or verify the responses. Viber bears no responsibility and disclaims any liability for any content, data, results and responses provided through the Chatbots.
- The Services are provided to you “As Is” and Viber disclaims any warranties and guarantees thereto, and shall not be liable to you for any use of the Services or any content, results and data generated within this Chatbots, including inter alia with respect of their accuracy, appropriateness, reliability, fitness to a specific purpose, lawfulness, associated rights, display, storage, etc.
- Viber reserves the right, but not the obligation, to review, monitor, and moderate any content via the Chatbots. Viber may block, suspend or remove any content within this Chatbots if it deems it unauthorized, inappropriate, illegal or violating these Terms, any Viber Terms or applicable law.
- You will defend, indemnify, and hold harmless Viber and any of its affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of, misuse of or inability to use the Services, including any content you input in the Chatbots (including Chat Data), any actions or decisions you take based on outputs of the Chatbots, any infringement or alleged infringement of any intellectual property, privacy, or other rights of any third party, and your breach of these Terms, the Viber Terms or applicable law. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses.
- Viber reserves the rights to change the services and activities suggested in the Chatbots, and update and revise these Terms from time to time at its own discretion. Your continued use of the Services shall constitute your consent or acceptance to any such changes.
- Viber reserves the right to terminate, suspend or restrict your access to the Services at any time in our sole discretion. We may also terminate, suspend or restrict your access if we determine, in our sole discretion, that you have violated any of these Terms or any of the Viber Terms, including our Acceptable Use Policy.
- These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict-of-laws principles. You agree that any and all disputes and causes of action arising out of or connected with these Terms, shall be resolved individually, without resort to any form of class action, exclusively before a court located in London, UK.