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, institution 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 an institution enrols younger students, the institution 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.
Institutional access. The platform is licensed to institutions. Instructor/administrator access is governed by the Master Service Agreement between your institution and Viva. Student access is provided through your institution'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 institution 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 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 never final by themselves. An instructor either reviews each result before release or, per assignment, chooses in advance to release results automatically once grading is complete. No grade is ever set by automated means alone.
Microphone, camera, and browser. The oral interview requires a working microphone and a supported browser. Where your institution has enabled Camera Check, a working camera is also required for that feature; if you are not enrolled in it, you do not need a camera. 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 institution), and that 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 institution'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 institution's support team to arrange accommodations.
4. Acceptable Use
You agree not to: use the platform unlawfully; impersonate another person during an interview or submit another person's work as your own; manipulate, bias, or deceive the AI assessment system — including, where Camera Check is enabled, by feeding the camera a photograph, recording, or artificial video input, or by arranging for another person to assist off-camera; use automated tools, bots, or scripts to access or extract data; reverse engineer or decompile the platform; upload malware or harmful content; harass or harm other users; access another user's account or data without authorisation; use the platform to train or test a competing AI product; or share your account credentials.
Viva reserves the right to suspend or terminate access for violations, without prior notice where immediate action is necessary. See also our Acceptable Use Policy for detailed conduct rules.
5. Privacy and Data
Privacy Policy. Our Privacy Policy explains how we collect, use, and protect personal data — including a dedicated plain-language section for students and families — and governs our data practices.
Institutional controller. For students and instructors, your institution is the data controller and Viva is the data processor. Your institution's own privacy policy also applies.
Student data. Viva processes student data only as directed by your institution 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 until 90 days after your grade is released to support instructor review, then permanently deleted — sooner on request once grading is complete, unless the interview is part of an open grade review or integrity investigation, in which case it's retained until that's resolved. If your institution places a documented, time-limited retention hold on a class (for example written research consent or an open grade dispute), the recording is kept until the hold ends and then deleted. Your instructor has access to the recording within the Viva platform for assessment purposes. Students may request access to their recording through their institution.
Voice ID (voiceprint) — optional. Voice ID is an optional identity-verification feature offered to every student during onboarding, independent of your institution's own settings — it is not something your institution switches on or off. You'll be asked for your own separate, explicit consent on a standalone screen at the point your voice sample is captured — this consent is never bundled with account creation, the Terms, or any other agreement. You may decline or withdraw consent at any time without penalty; your institution will then assess you another way. In Illinois, this feature is not offered until your institution has signed a specific written agreement (a BIPA Rider) with Viva, as required by Illinois law.
Camera Check (video-integrity) — optional. Camera Check is a separate optional feature, controlled by your institution and disabled by default, requiring its own separate consent on its own screen. Where enabled, your camera checks simple presence/attention signals during the interview — whether a face is present, whether your gaze is on the screen. Analysis happens locally in your browser; live video is never transmitted to or stored by Viva. Viva keeps only derived signals and a small number of flagged still images, deleted on the same schedule as your interview record. It does not identify you from your face, does not create a faceprint, and is never used to infer your emotions or mood, or to grade you. You may decline or withdraw consent at any time without penalty.
6. Intellectual Property
The platform, including all software, AI models, scoring methodologies, user interfaces, and documentation, is owned by Viva. You may not copy, modify, distribute, sell, or sublicense any part of it. You retain ownership of the work you submit; submitting it grants Viva a limited licence to process it for providing the assessment service. 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.” AI grades are advisory; the instructor is the final decision-maker on all grades. Voice ID and Camera Check 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 indirect, consequential, or punitive damages.
Nothing in these Terms excludes liability for death or personal injury caused by negligence or fraud, or any liability that cannot be excluded by applicable law — nor does it waive any private right of action 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 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. 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.
Also see our Privacy Policy · Acceptable Use Policy · Trust Center.