You must be at least 13 years old to use all Viber Services. References to “Administrator” refer collectively to Public Account Administrators, Public Chat Administrators, Bot Administrators, Community Administrators (including Superadmins) and VAP Administrators. The Viber Policies and these Guidelines apply to all uses of the Services as follows:
- THE SERVICES
1.2 You will only use the Services for lawful purposes. In this respect, you may not, without limitation: (a) intercept or monitor, damage or modify any communication which is not intended for you; (b) use any type of spider, virus, worm, defects, trojan-horse, time bomb or any other malicious or infringing codes or instructions that are designed to distort, delete, damage or disassemble the Services, Viber App or the Viber API or underlying software or any communication; (c) use of the Services, Viber App or the Viber API in such a manner that disrupts, or interferes with, the normal and proper functioning and operation of Viber’s servers, systems and networks or that creates a security risk or threat to Viber, the Viber App or the Viber Users or that fails to comply with Viber’s documentation or other technical instructions relating to the Viber API; (d) send any unsolicited communication (“SPAM”) not permitted by applicable law or promote bulk marketing products, the purpose of which is to send SPAM, including bulk messaging, bulk email software, lists of email without opt-in of the Viber User; (e) use the Services to promote false, misleading, dishonest, inaccurate, unrealistic or deceptive products or services or to otherwise mislead Viber Users; (f) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way or use the Services to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; (g) use any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights; (h) use the Services in any way directed to minors under the age of thirteen (13); (i) omit or fail to disclose any information that may be applicable to a Guest, Follower, Subscriber or Member (as defined below) or your Public Account, Bot or Community (as defined below) and ensure that you make all relevant disclosures; (j) use the Services to assist or enable direct conversations between Viber Users and healthcare providers or to send or collect any patient data or health-related data obtained from healthcare providers (k) use the Services in any manner which is considered by Viber as non-fair usage, including without limitation any use which is abnormal or unusual or takes an unreasonable advantage of the ability to open Public Accounts freely;
1.3 When you publish content or information using the Services, it means that you are allowing all Viber Users to access and use that information, and to associate it with you (i.e. your name and profile picture, and, if you activate your location button on the chat screen, your location if you choose to attach it to your messages).
1.4 When you choose to use our Services, you agree and opt-in to receive from Viber and/or Administrator notifications related to the Public Account, Public Chat, Bot and/or Communities that you choose to follow, subscribe, patriciate in, join and/or administer.
- GUESTS, FOLLOWERS OR SUBSCRIBERS.
2.1 PUBLIC ACCOUNT. The Public Accounts feature enables you to view as guests, follow or subscribe to Public Accounts, which includes the Public Chat feature (each, a “Public Account”). When you visit a Public Account without Following it or Subscribing to it, you will be a “Guest” of a Public Account. As a Guest, if you click the “follow” button, you become a Follower of the Public Account and automatically a Subscriber of the Public Account as well. As a “Follower” of a Public Account, you may receive notices of updates to the content available in the Public Account and in the Public Chat included within the Public Account. As a “Subscriber” of a Public Account, you will be able to send and receive one-on-one messages with the Public Account. When you send a message to a Public Account you will automatically become a Subscriber of the Public Account with all that it entails. At any time, you can “unfollow” or “unsubscribe” or both “unfollow” and “unsubscribe” from any Public Account by clicking the “unfollow” and/or “unsubscribe” button.
2.2 PUBLIC CHAT. Public Chat, is a chat feature within the Public Account feature which enables Viber Users to share content, engage in conversations and create chats that are available to the general public between other Viber Users who may have a common interest or affiliation (each a “Public Chat”). the Public Chat feature provides the ability to digitally follow particular Public Chat and watch all content and other information introduced in it.
2.3 BOT. The Viber Bot feature enables you to subscribe to third parties’ Bot(s) and to send and receive one-on-one messages from the Bot(s) (the “Bot”). When you visit a Bot without subscribing to it, you will be a “Guest” of the Bot. As a Guest, if you click the “subscribe” button or any button presented to you by the Bot, or write a one-on-one message to the Bot, you will automatically become a “subscriber” of the Bot and be able to send and receive messages from the Bot. At any time, you can unsubscribe from any Bot by clicking the “unsubscribe” button.
2.4 COMMUNITY. Communities are group chats through which Viber Users can exchange messages and engage with one another and can include up to 1 billion Viber Users (a “Community”). If you join you will become a “Member” of such Community. As a part of a Community, Viber Users can share content, engage in conversations, and share the Community with other Viber Users. Viber Users can leave a Community at any time by selecting the “Leave and delete” button. All Members of the Community can see the username and the photo of all the other Members of the Community.
Please be aware that the content of the conversations exchanged between Viber Users and Administrators through the Community, Public Account feature or the Bot feature, are not end-to-end encrypted and may be stored by Viber as well as the relevant Administrator(s) and their third party providers.
- VIBER ADMIN PANEL
In order to create a Public Account (which includes the Public Chat feature) and/or a Bot, you will need to do so via a designated website that integrates with the Viber App called the Viber Admin Panel or “VAP”. The VAP allows you to create Public Accounts and Bots, and to receive analytics of all your Public Accounts and Bots in a way that will enable you to monitor and track the activity of each Public Account and Bot that you manage, subject to the Viber Policies and these Guidelines (the “Analytics”). In the event that a Public Account has several Administrators, each Administrator will be able to see the information that the VAP provides on such account including analytics. Viber makes no warranties, representations or guarantees as to the accuracy and/or completeness of the Analytics provided via the VAP.
Subject to these Guidelines and the Viber Policies, Viber grants you a limited, revocable, non-exclusive, non-sublicensable license to copy and use the Analytics relating to the Public Account and/or Bot that you administer, solely for the purpose of monitoring the activity of your Public Account and/or Bot; Viber shall not be liable to any inaccuracies in any content and/or reports.
4.1 PUBLIC ACCOUNT ADMINISTRATORS. If your Public Account is approved by Viber (via the VAP), you will open the Public Account and automatically become a Public Account Administrator (“Public Account Administrator”). As a Public Account Administrator, you have the option to either publish your Public Account or keep your Public Account unpublished. You can at any time elect to un-publish your Public Account. If you chose to publish your Public Account, and received approval from Viber to publish it, then it will be open and available for all Viber Users to search for, see, follow and subscribe to. However, even if your Public Account is unpublished, you may still direct Viber Users to your Public Account. As Public Account Administrator you have the right and ability to add or remove other Public Account Administrators. All Public Account Administrators will be subject to these Guidelines and Viber Policies, and to compliance with all applicable laws and regulations. You acknowledge and agree that Viber reserves the right not to approve your Public Account and/or not to publish it, or stop its publication, at any time, in its sole discretion.
4.2 PUBLIC CHAT ADMINISTRATORS. Once your Public Account was created and approved by Viber, it will automatically include a Public Chat which will be incorporated within the Public Account feature, and you will automatically become the administrator of such Public Chat (“Public Chat Administrator”). The Public Chat includes between 2-100 other Viber Users or “Participants” who can participate in such Public Chat, and As a Public Chat Administrator, you will have the right and ability to add or remove Participants of the Public Chat you have initiated, as well as delete content posted by any of the Participants. Participants can only remove the content that they posted. There can be more than one Public Chat Administrator for each Public Chat. Participants in a Public Chat shall be added by the Public Chat Administrator only subject to their full consent to these Guidelines and Viber Policies, and to compliance with all applicable laws and regulations. As Public Chat Administrator you have the right and ability to add or remove other Public Chat Administrators. All Public Chat Administrators will be subject to these Guidelines and Viber Policies, and to compliance with all applicable laws and regulations. A Public Chat Administrator may only open and administer one Public Chat within its Public Account under the terms above.
4.3 BOT ADMINISTRATORS. If your Bot is approved by Viber (Via the VAP), you will open the Bot and automatically become a Bot Administrator (“Bot Administrator”). The creation and maintenance of the Bot shall be subject to the Viber Developer Distribution Agreement, as amended from time to time. As a Bot Administrator, you have the option to either publish your Bot or keep your Bot unpublished. You can at any time elect to un-publish your Bot. If you chose to publish your Bot and received approval from Viber to publish it, then it will be open and available for all Viber Users to search for, see and subscribe to. However, even if your Viber is unpublished, you may still direct Viber Users to your Bot. As a Bot Administrator, you will have the right and ability to add or remove other Bot Administrators. There can be more than one Bot Administrator for each Bot. Bot Administrators will be subject to these Guidelines and Viber Policies, and to compliance with all applicable laws and regulations. You acknowledge and agree that Viber reserves the right not to approve your Bot and/or not to publish it, or stop its publication, at any time, in its sole discretion.
4.4 COMMUNITY ADMINISTRATORS. The option to create a Community is open to all Viber Users. Upon creating a Community, you will automatically become a “Superadmin” of your Community. As a Superadmin you can add or remove other Superadmins, other Community Administrators and/or Members from the Community, control who can post in the Community, choose whether the Community can be shared by other Members or not, and delete messages by other Members. Superadmins can also revoke invite links and enlist other Viber Users to the Community to become Superadmins or “Community Administrators”. As a Community Administrator you can remove Members from the Community, delete messages posted by Members of the Community and send an invite to other Viber Users to become Members of the Community. There can be multiple Superadmins and Community Administrators to a Community, with a total limitation of 250 combined. Other Superadmins and/or Community Administrators can be added only subject to their full consent to these Guidelines and Viber Policies, and to compliance with all applicable laws and regulations. You acknowledge and agree that Viber reserves the right not to approve your Community and/or not to publish it, or stop its publication, at any time, in its sole discretion.
4.5 Integrating Your Public Account and Bot with Third Party Platforms. As a Public Account Administrator and Bot Administrator, you may also automate your Public Account (including the Public Chat feature) and Bot messages and conversations with your Subscribers or integrate them with third party platforms via Viber’s Application Programming Interface (“Viber API”) and you are responsible for ensuring such third party agrees to the Viber Developer Distribution Agreement and these Guidelines. If you do so, you are liable towards Viber and Viber Users for such third party’s acts in connection with any access you provide to your Public Account and Bot and your conversations, including without limitation, for any breach of Viber Users’ privacy and security of information, any breach of the Viber Policies or any breach of laws and regulations, even once you have closed such Public Account and/or Bot. Therefore, you should only use third parties that you trust and which are obligated to comply with these Guidelines and the Viber Developer Distribution Agreement.
4.6 Automatic Subscription to Viber Public Account and Bot. Once you have become an Administrator of your own Public Account or Bot, you will automatically become a Subscriber and Follower of the Public Accounts, and a Subscriber of the Bots, administered by Viber, if any, in order to allow us, amongst other things, to provide you with useful information and notifications relating to Public Accounts and Bots. Of course, you may always elect to unfollow and unsubscribe from such Public Accounts, and unsubscribe from Bots, at any time.
- ADMINISTRATOR OBLIGATIONS
5.1 Generally. As an Administrator (including Superadmin), you undertake to ensure that all content uploaded and displayed in your Public Account (which any reference herein shall include the Public Chat),your Bot or your Community, complies with Viber’s Public Content Policy and all applicable laws and regulations as well as to these Guidelines and the Viber Policies and that you will not engage in or permit third parties to engage in any behavior that is prohibited under any of them. You understand that Viber is not responsible for any content you provide and/or for any loss of data or content. You own, control and are responsible for all content, including photographs, images, video and audio content that you transmit, disclose, disseminate or otherwise distribute, or content that you elicit, collect or store using the Public Account, the Bots and the Communities you shall not take any unlawful or improper actions with respect to such content in violation of Viber’s or any third parties’ rights or applicable laws and regulations. Viber may remove any or all content if it deems that such content is unauthorized or illegal or violates these Guidelines or any other Viber Policies. You must ensure that you store and backup any data that is important to you, as Viber may not store your content or data.
5.2 Public Account, Bot and Community Terms. You are not permitted to establish terms for your Public Account(s),Bot(s) and/or Communities that conflict, or are inconsistent, with these Guidelines and/or the Viber Policies. Any and all products or services you offer through the Public Account(s), Bot(s) and/or Communities must comply with the Viber Policies and these Guidelines. As Administrator, you are responsible for ensuring that access to your Public Account(s), Bot(s) and/or Communities are restricted (through available Viber gateway restrictions) insofar as is required to ensure compliance with applicable laws and regulations, these Guidelines and the Viber Policies. Viber may remove any or all content if it deems that such content is unauthorized or illegal or violates these Guidelines or any other Viber policies.
5.3 Third Parties. Any agreement or engagement you may have with any third party in connection with the Services must comply, and not conflict, with these Guidelines and the Viber Policies. All third party use of the Services on your behalf is subject to these Guidelines and the Viber Policies and you shall remain liable for the conduct of such third parties acting on your behalf. You may not facilitate or encourage the violation of these Guidelines or the Viber Policies in any manner whatsoever or through any third party. If you administer a Public Account, a Bot and/or a Community on behalf of a third party, you must ensure that you have all authority, approvals and rights to act on behalf of such third party.
5.4 Administrators Claims. Viber is not responsible for any claims in connection with the removal of an Administrator or Superadmin from the applicable Service, including but not limited to claims or disputes between or among Administrators and/or Superadmins.
5.5 Administrator Liability. Administrators (including Superadmins) will be jointly and severally liable to Viber and Viber Users for acts or omissions, including without limitation, (i) for any breach of Viber Users’ privacy and security of information, (ii) any breach of the Viber Policies or these Guidelines; and/or (iii) any breach of applicable laws and regulations, even after the Administrator has closed the Service account. Therefore, you should only add Administrators that you trust.
5.6 One-On-One Messaging in Public Account(s) and Bot(s). As an Administrator of Public Account(s) or Bot(s), you may only send one-on-one messages to Viber Users who have subscribed to receive messages under your Public Account(s) and Bot(s). You may not send messages to any Viber User who has requested not to receive any messages from you or has unsubscribed from your Public Account(s) or your Bot(s), at any time. We reserve the right to limit the subscription period of Subscribers and your right to send messages to Subscribers who have become Inactive Subscribers. An “Inactive Subscriber” is a Subscriber of a Public Account or a Bot who has not initiated a one-on-one message with the Administrator for a certain period of time, which period of time may be determined by Viber in its sole discretion.
- OFFICIAL PARTY PUBLIC ACCOUNTS, BOTS AND COMMUNITIES
6.1 A Public Account (which any reference herein shall include the Public Chat), a Bot or a Community for an entity, organization, brand, place or public figure (an “Official Party”) may be administered only by an authorized representative of that entity, organization, brand, place or public figure.
6.2 Any Public Account, Bot or a Community created for the purpose of expressing an interest in, or support for, an Official Party shall not mislead others into thinking it is an official page of such Official Party, or violate the personal, privacy, proprietary or other rights of any third party.
6.3 If your Public Account, your Bot or you Community is not the official Page of an Official Party, you must: (a) not speak on behalf of, or post content to mislead Viber Users to think the source of the content and its subject matter is from the authorized representative of the Official Party; and (b) you must make clear that the Public Account, the Bot or the Community are not the official page of the Official Party.
- PUBLIC ACCOUNT, BOT AND COMMUNITY NAMES
7.1 Public Account (which any reference herein shall include the Public Chat), Bot and Community names chosen by an Administrator must accurately reflect their content.
7.2 You may change the name of your Public Account, Bot or Community provided that it does not change the subject matter or content of the Public Account, the Bot or the Community and its relationship with the name.
7.3 Public Account, Bot and Community names must comply with certain terms and conditions defined by Viber in its sole discretion, and must not, for example:
- Include words that are all capitals, except for acronyms and only use grammatically correct capitalization;
- Include character symbols, such as excessive punctuation and trademark designations;
- Include names of a business or brand that is not your own business or brand or if you are unauthorized to do so or if you are violating applicable copyright or trademark laws;
- Include excessive or unnecessary descriptions or explanations; and/or
- Violate the personal, privacy, proprietary or other rights of any third party.
7.4 We may require you to change the Public Account, the Bot or the Community name if the name fails to meet the above requirements, and in the event you fail to do so, we reserve the right to remove certain of your rights as an Administrator (or Superadmin where applicable) of your Public Account, Bot or Community.
- COLLECTION OF DATA
8.1 If you collect content and information from Viber Users by any means or through any third party, you will make it clear and understandable that you (and not Viber) are collecting this content and information. You will comply with all applicable laws and regulations with regard to your collection, storage and use of Viber User content and information, including without limitation, providing notice and obtaining Viber User consent for the same. Regardless of how you obtain content and information from Viber Users, you are responsible for securing all necessary permissions to reuse their content and information and are solely responsible for any failure to do so. You are considered a controller of such data for purposes of GDPR.
8.2 You will not collect Viber Users’ content or information, or otherwise access the Services or Viber, using automated means (such as harvesting bots, robots, spiders, or scrapers), without our permission or in any manner not permitted by the Viber Policies and these Guidelines.
8.4 You must not use any information or data you may have received from Viber, via the Services or otherwise, about Viber Users or other persons or entities you reach using the Services, for any purpose other than to support the messages and conversations you have with Viber Users under the applicable Service, within the Viber App.
8.5 Unless you obtain Viber’s prior written consent, you may not use or permit others to use the applicable Service’s messages: (a) to share or ask Viber Users to share or provide payment card details, financial account numbers or other payment and cardholder data or any sensitive data; or (b) to include a link from the message to an external site where payment information may be collected or (c) collect any sensitive data about Viber Users.
- PUBLIC ACCOUNT INFO SCREEN
9.1 Info Screens are available to anyone who visits and views your Public Account (which any reference herein shall include the Public Chat) or Bot.
9.2 You may choose to provide your contact information in your Info Screen, for example your email address.
9.3 Your Info Screen may not be deceptive, misleading, or infringe anyone else’s personal, privacy, proprietary or other rights. You must ensure that your Info Screen is correct, accurate and up-to-date.
- LICENSE GRANTS
10.1 As a creator of a Public Account (which any reference herein shall include the Public Chat), a Bot or a Community, you hereby grant to Viber a limited, non-exclusive, royalty-free license to display the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features owned (or licensed) by you, in connection with (i) the distribution of the Viber App that incorporates said Public Account(s),Bot(s) and/or Communities and (ii) Viber’s publications, case studies, and marketing materials, for the purpose of promoting the Viber App, including the Services. Nothing in this Agreement grants you a right to use any of Viber’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
10.2 As the creator of a Public Account, Bot and/or Community, you represent and warrant that you have, or was given the right with respect to, all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to said Public Account, Bot and/or Community. If you use third-party materials, you represent and warrant that you have the right to distribute the third-party material in said Public Account, Bot and/or Community. You agree that you will not submit material to Viber App that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including patent, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material.
11.1 If you create and/or distribute an offer to the Viber Users, the following terms and conditions shall apply:
11.1.1 You are responsible for ensuring that your offer complies with these Guidelines, the Viber Policies and all applicable laws, rules and regulations. Offers may be subject to many regulations (e.g. alcohol and age restrictions, truth in advertising, etc.).
11.1.2 You may not make any offers directed to minors under the age of thirteen (13).
11.1.3 You may only run an offer if you are the merchant for or the manufacturer of a certain product or service that you are authorized and licensed to promote.
11.1.4 You must not offer unavailable products or services.
11.1.5 You must clearly describe in detail any restrictions, eligibility requirements and special terms on your offer (such as expiration date or limitations on redemption and refunds). You may not omit or conceal any relevant or important information, terms, conditions or fees prior to allowing for the purchase, installation or download of a product or service, or binding the Viber User by another undertaking.
11.1.6 You must obtain the Viber User’s explicit consent prior to allowing for the purchase, installation or download of a product or service or binding the Viber User by another undertaking.
11.1.7 You are solely responsible for your offer and any activities in relation thereto, including without limitation improper redemption, fraud, disputes or other issues that arise from the distribution or redemption of your offer.
11.1.8 If your offer is redeemable by a merchant who is not owned, controlled or operated by you, it is your sole responsibility to communicate with the merchant and ensure they honor your offer.
12.1 If you use the Services to communicate or administer a promotion or campaign of any sort, you are responsible for the legal operation of that promotion and for any activities in relation to such promotion or campaign, including, by clearly stipulating the rules, terms and eligibility requirements, and complying with applicable laws, rules and regulations governing the promotion and any applicable prizes, including rules relating to minors;
12.2 Promotions must include the following:
12.2.1 A complete release of Viber and waiver of claims against Viber by each entrant or participant in the promotion.
12.2.2 Acknowledgement that the promotion is in no way sponsored, endorsed or administered by, or associated with, Viber.
12.3 You may not promote services, activities or sites that collect personal information from Viber Users without their explicit consent or by deceptions, shams, scams or phishing.
12.4 Viber will not assist you in the administration of your promotion, and you agree that if you use the Viber App to administer your promotion, you do so at your own risk.
- Viber reserves the right to charge for the use of certain features of the Services, which may have been provided for free. For further details regarding fees, charges and payment terms, please see our Payment Policy. We reserve the right to limit or apply terms to your ability to process payments and/or sell products or services via the Public Accounts, Bots or Communities.
- CLOSING YOUR PUBLIC ACCOUNT, PUBLIC CHAT, BOT OR COMMUNITY. You can close your Public Account, Public Chat, Bot or Community at any time. Viber may stop and close any Public Account, Public Chat, Bot or Community or the use of such Services by a specific Superadmin, Administrator, Participant, Follower, Subscriber or Viber User for any or no reason without liability in its sole discretion. In the event of any of the above, you will immediately stop any and all use of the applicable Service. Please note that content and information that you have previously shared with others, or posted, and which others have shared with you, may be maintained in the Public Accounts and Public Chats in which you have participated, the Bot with which you interacted or the Community which you were a Member of.
- We may periodically make updates to the Services and accordingly to these Guidelines. You hereby consent to regularly downloading and allowing installation of updates in order to maximize benefits from the Services. In addition, you hereby agree that your continued use of the Viber Services constitutes your agreement to the modified Guidelines.
- COMMENTS AND SUGGESTIONS.
17.1 We welcome and encourage comments regarding the Services, including notices on Service malfunctions, as well as suggestions for supplementary features and functionality. Although we are by no means obliged to answer or take action based on your comments and/or suggestions you may provide us with a basis for implementing them in the Services or in other products and services by us or our co-brands and affiliates. Feel free to email us at email@example.com.
17.2 We appreciate your feedback and suggestions about the Service, however you understand and agree that we may use your feedback and/or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
© 2018, Viber Media S.àr.l. All rights reserved.