Please read these Terms carefully before using the Viva platform. By accessing or using the platform, you agree to be bound by them.

These Terms apply to all users: instructors, school administrators, and students, at institutions globally.

1. About Viva

Viva is an AI-powered oral-assessment platform. Students submit their work, then have a short spoken conversation with an AI about it. The AI produces a suggested grade and feedback. An instructor reviews everything and sets the official grade of record. The AI never makes the final grading decision; your instructor does.

2. Eligibility and Accounts

Age. Users must be at least 14 years old to create an account. Where a school enrols younger students, the school is responsible for any additional consent required under applicable law. For example, COPPA for students under 13 in the US, UK GDPR for students under 13 in the UK, PIPA for students under 14 in South Korea, or equivalent local law elsewhere.

Biometric consent for students under 18 (UK schools and colleges). Where a school or college in England or Wales enables the optional voice-identity verification (voiceprint) feature or the optional video-integrity (gaze and presence) feature for any student under 18, sections 26 to 28 of the Protection of Freedoms Act 2012 may require the school to notify every parent and to obtain the written consent of at least one parent before the biometric data is processed. A student may refuse or object regardless of parental consent, and the school must then provide a reasonable alternative assessment method without detriment. The institution, not Viva, is responsible for meeting these requirements.

Institutional access. The platform is licensed to schools and universities. If you are an instructor or administrator, your access is governed by the Master Service Agreement between your institution and Viva. If you are a student, your access is provided through your school's licence.

Accurate information. You agree to provide accurate, current, and complete information when creating an account, and to keep it up to date.

Account security. You are responsible for keeping your login credentials confidential. Do not share your account with anyone. Notify us immediately at legal@vivaproof.com if you suspect unauthorised access.

Institutional responsibility. Your school is responsible for ensuring its users comply with these Terms.

3. The Assessment Process

How it works. When assigned a Viva assessment, you submit your work and then participate in an AI-led oral interview about it. The interview is recorded, transcribed, and used to generate a suggested score and feedback for your instructor.

Instructor review. AI-generated grades are always advisory and are never the final grade by themselves. An instructor is responsible for every grade: the instructor either reviews each result before it is released or, for an assignment, chooses in advance to release results automatically once grading is complete. No grade is ever set by automated means alone.

Microphone and browser. The oral interview requires a working microphone and a supported browser. Where your school has enabled the optional video-integrity feature, a working camera is also required for that feature; if you are not enrolled in that feature, you do not need a camera. You are responsible for ensuring your device meets the technical requirements available from your institution. Viva is not responsible for assessment disruptions caused by your hardware, network, or browser.

Academic integrity. By participating in a Viva assessment, you confirm that:

• The work you submit is your own (or an appropriately attributed collaboration permitted by your school); and
• You are the person participating in the oral interview.

Impersonation, unauthorised assistance during the interview, or any other academic dishonesty violates these Terms and your school's academic integrity policy.

Accessibility. Viva provides accommodation pathways for students with disabilities or additional needs, including extra time, captioning, and first-language options. Contact your instructor or school's support team to arrange accommodations.

4. Acceptable Use

You agree not to:

• (a) use the platform for any unlawful purpose;
• (b) impersonate another person during an oral interview or submit another person's work as your own;
• (c) attempt to manipulate, bias, or deceive the AI assessment system, including, where the video-integrity feature is enabled, by feeding the camera a photograph, recording, or artificial video input, or by arranging for another person to assist off-camera;
• (d) use automated tools, bots, or scripts to access or extract data from the platform;
• (e) reverse engineer, decompile, or attempt to extract source code or AI model parameters;
• (f) upload or transmit viruses, malware, or other harmful content;
• (g) harass, intimidate, or harm other users;
• (h) access or attempt to access another user's account or data without authorisation;
• (i) use the platform to train, develop, or test any competing AI product or service; or
• (j) share your account credentials with others.

Viva reserves the right to suspend or terminate access to any user who violates these Terms, without prior notice where immediate action is necessary.

See also: our Acceptable Use Policy for more detailed conduct rules.

5. Privacy and Data

Privacy Policy. Our Privacy Policy explains how we collect, use, and protect personal data and governs our data practices.

Institutional controller. For students and instructors, your school is the data controller and Viva is the data processor. Your school's own privacy policy also applies.

Student data. Viva processes student data only as directed by your school and in accordance with our Data Processing Agreement. We do not sell student data or use it for advertising.

Voice recording. Oral interviews are recorded and stored for up to 30 days after the session to support instructor review, then permanently deleted. Your instructor has access to the recording within the Viva platform for assessment purposes. Students may request access to their recording through their school.

Voiceprint (Biometric Data). Voice-identity verification (voiceprint) is optional, and your institution must obtain your separate, explicit consent before it is enabled. Where you are a minor, the consent of a parent or legal guardian is required. A voiceprint is used solely to verify that you are the person taking the interview — it is never used for grading, and never for any other purpose. You may decline voiceprint enrolment, or withdraw consent at any time, without penalty; your institution will then assess you through an alternative method. Viva's biometric retention schedule and destruction guidelines are published at vivaproof.com/privacy.

Video-Integrity Signals (Gaze and Presence). Video-integrity is an optional feature. Where your institution enables it, and only with the separate, explicit consent it must obtain from you (or, where you are a minor, from a parent or legal guardian), the Platform uses your device camera during the interview to derive attention and presence signals — for example, whether a face is present and whether your gaze is directed at the screen. Face and gaze analysis is performed locally in your browser; the live video stream is not transmitted to or stored by Viva. Viva retains only derived numeric signals and a limited number of still images captured at flagged moments, held as evidence for the reviewing instructor and deleted on the same schedule as the associated interview record. These signals are used solely to surface possible integrity concerns to your instructor. They are never used to identify you from your face, to infer your emotions or mood, for automated decisions, or for any other purpose. The feature does not create a faceprint or other facial-identity template. You may decline video-integrity enrolment, or withdraw consent at any time, without penalty; your institution will then assess you through an alternative method.

6. Intellectual Property

Viva's IP. The platform, including all software, AI models, scoring methodologies, user interfaces, and documentation, is owned by Viva and protected by intellectual property law. You may not copy, modify, distribute, sell, or sublicense any part of it.

Your content. You retain ownership of the work you submit. By submitting work for assessment, you grant Viva a limited licence to process it for the purpose of providing the assessment service.

Feedback. Any feedback you provide about the platform may be used by Viva without restriction or compensation.

7. Disclaimers and Limitation of Liability

The platform is provided "as is." Viva does not warrant that it will be error-free or uninterrupted.

AI grades are advisory. Viva does not warrant the accuracy of AI-generated grades or feedback. The instructor is the final decision-maker on all grades. Voice-identity and video-integrity signals are advisory academic-integrity indicators only; an instructor reviews every flag, and no grade or integrity finding is determined by these signals alone.

Limitation. To the fullest extent permitted by applicable law, Viva's total liability to any user for any claim arising out of these Terms shall not exceed the total fees paid by the user's institution for that user's access in the preceding 12 months.

Excluded losses. Viva is not liable for: loss of data (beyond our data processing obligations), loss of marks or academic standing resulting from a user's own conduct, or any indirect, consequential, or punitive damages.

7.5 Nothing in these Terms limits or excludes either party's liability for death or personal injury caused by negligence, for fraud, or for wilful misconduct or gross negligence; nor does it waive any right of action that applicable law confers on you directly and that cannot be waived by contract, including under applicable biometric privacy law.

8. Changes to These Terms

We may update these Terms from time to time. We will notify your institution of material changes by email and in-platform notice at least 30 days before they take effect.

9. Governing Law and Disputes

For institutional customers, these Terms are governed by the law specified in that institution's Master Service Agreement with Viva. The governing law is agreed at the time of contracting to reflect the institution's jurisdiction. Common examples include Korean law (for Korea/APAC institutions), English law (for UK/EEA institutions), and the law of the State of Delaware (for US institutions), among others.

For individual users with disputes not covered by an institutional contract, disputes will be resolved by binding arbitration under the rules of a mutually agreed arbitration body in the applicable jurisdiction, or in a court of competent jurisdiction if arbitration is not enforceable where you live.

10. Contact

legal@vivaproof.com
Viva Proof, Inc., Boston, MA, USA
vivaproof.com

© 2026 Viva Proof, Inc. All rights reserved. These Terms apply to institutions globally.
Also see our Privacy Policy.