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: teachers, 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. A teacher reviews everything and sets the official grade of record. The AI never makes the final grading decision; your teacher 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.
Institutional access. The platform is licensed to schools and universities. If you are a teacher 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 teacher.
Teacher review. AI-generated grades are always advisory and are never the final grade by themselves. A teacher is responsible for every grade: the teacher 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 teacher 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 teachers, 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 teacher review, then permanently deleted. Your teacher has access to the recording within the Viva platform for assessment purposes. Students may request access to their recording through their school.
Optional voiceprint. Voice identity verification (voiceprint) is an optional feature that requires its own separate consent and is controlled by your school.
Optional video-integrity (gaze and presence). Video-integrity is a separate optional feature that requires its own separate consent and is controlled by your school. Where it is enabled, your camera is used during the interview to check simple things — 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 is not transmitted to or stored by Viva. Viva keeps only derived signals (such as how often a face was visible) and a small number of still images from flagged moments, for your teacher to review, 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 it, or withdraw consent, without penalty.
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 teacher is the final decision-maker on all grades. Voice-identity and video-integrity signals are advisory academic-integrity indicators only; a teacher 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.
Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by applicable law. Nor does it waive any private 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.