Terms of Service.

The short version.

These Terms of Service (“Terms”) govern your access to and use of vivelyy.com and Vivelyy's influencer marketing services (together, the “Services”). Vivelyy (“Vivelyy,” “we,” “us”) connects local businesses — restaurants, bars, coffee shops, and neighborhood spots — with creators to run influencer marketing campaigns.

By visiting our site, signing up as a client, or joining as a creator, you agree to these Terms. If you're agreeing on behalf of a business, you're confirming you have the authority to bind that business.

If you don't agree with these Terms, please don't use the Services. Questions about them are welcome — contact details are in the “Contact & Legal” section below.

Eligibility.

• You must be at least 18 years old to create an account or enter into a campaign agreement with us.
• Business clients must be legally authorized to operate and to enter into agreements on behalf of the business they represent.
• Creators must have active, accurate social media accounts and the right to create and license the content they produce for us.
• We may decline service to anyone, or remove access, at our discretion — particularly where we suspect fraud, misrepresentation, or a violation of these Terms.

What Vivelyy does.

Vivelyy provides influencer marketing services, including campaign strategy, matching local business clients with creators, campaign coordination, and performance reporting. The specific scope, deliverables, and timeline for any campaign are set out in the applicable proposal, order form, or campaign brief (“Campaign Agreement”), which is incorporated into these Terms.

We may change, add to, or discontinue features of the Services at any time. We'll give reasonable notice of changes that materially affect an active campaign.

If you're booking a campaign.

• Campaign details. You're responsible for providing accurate business information, goals, budget, and brand guidelines needed to run your campaign.
• Approvals. Where a Campaign Agreement includes a content approval step, you agree to review and respond within the timeframe specified — delays on your end may push back campaign timelines.
• No guaranteed results. We work hard to match you with the right creators and run effective campaigns, but we don't guarantee specific outcomes (sales, followers, engagement, or reservations) unless explicitly stated in your Campaign Agreement.
• Content usage. Any rights to use creator content beyond the creator's own channels (e.g. reposting on your business's social accounts or website) must be specified in your Campaign Agreement.

If you're creating for Vivelyy campaigns.

• Deliverables. You agree to produce and deliver content according to the specifications, deadlines, and usage terms set out in your Campaign Agreement.
• Authenticity. Content must reflect your genuine experience and comply with FTC guidelines and platform rules on sponsored content — including clear disclosure (e.g. #ad, #sponsored, or the platform's paid-partnership tag) on every piece of branded content.
• Ownership & license. You retain ownership of the content you create. By delivering content under a campaign, you grant Vivelyy and the relevant client a license to use, reproduce, and display that content for the purposes and duration specified in your Campaign Agreement.
• Payment. Creator compensation, timing, and payment method are set out in your Campaign Agreement and are contingent on delivering agreed content on time and as specified.
• Independent status. Creators work with Vivelyy as independent contractors, not employees. Nothing in these Terms creates an employment, partnership, or agency relationship.

Billing.

• Fees for client campaigns are set out in your Campaign Agreement and are due on the schedule specified there.
• Payments are processed by a third-party payment processor; by making a payment you also agree to that processor's terms.
• Late payments may result in a pause of campaign work until the balance is resolved.
• Except as required by law or as stated in your Campaign Agreement, fees are non-refundable once campaign work has begun.
• All fees are exclusive of applicable taxes, which are your responsibility unless otherwise stated.

What belongs to whom.

The Vivelyy name, logo, site design, and all related materials are owned by Vivelyy and may not be used without our written permission.

Clients and creators retain ownership of their own brand assets, trademarks, and content, subject to the licenses granted under a Campaign Agreement. Nothing in these Terms transfers ownership of your intellectual property to Vivelyy beyond what's needed to deliver and report on a campaign.

What's not okay.

• Misrepresenting your identity, business, or content performance.
• Posting sponsored content without proper disclosure.
• Using the Services for unlawful, deceptive, or infringing purposes.
• Attempting to circumvent Vivelyy to transact directly with a matched client or creator in a way that breaches an active Campaign Agreement.
• Interfering with the security or normal operation of our site or systems.

Violating these terms may result in suspension or termination of your access to the Services.

The fine print.

The Services are provided “as is” and “as available.” We don't warrant that the Services will be uninterrupted, error-free, or that any campaign will achieve particular results.

To the fullest extent permitted by law, Vivelyy will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenue, arising from your use of the Services. Our total liability for any claim relating to the Services is limited to the amount you paid to Vivelyy in the six months before the claim arose.

Nothing in these Terms limits liability where it cannot be limited under applicable law.

Covering our respective sides.

You agree to indemnify and hold Vivelyy harmless from claims, damages, and expenses (including reasonable legal fees) arising from your breach of these Terms, your content, or your violation of any law or third-party right.

Ending the relationship.

You may stop using the Services at any time. We may suspend or terminate your access if you violate these Terms, or for any other reason with reasonable notice, except where immediate termination is warranted (e.g. fraud or a safety issue).

Provisions that by their nature should survive termination — including payment obligations, intellectual property, disclaimers, and limitation of liability — will survive.

How disagreements get resolved.

Vivelyy is based in the United States, and these Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Services will be resolved in the state or federal courts located in Illinois, and you consent to their jurisdiction.

Before filing a claim, we encourage you to contact us — most issues can be resolved directly.

Keeping things current.

We may update these Terms from time to time to reflect changes to our Services or for legal reasons. We'll update the effective date above, and where changes are significant, we'll provide additional notice. Continuing to use the Services after changes take effect means you accept the updated Terms.

Questions about these terms.

Reach out any time at lisbeth@vivelyy.com. These Terms, together with any Campaign Agreement you've signed, make up the entire agreement between you and Vivelyy regarding the Services. If any part of these Terms is found unenforceable, the rest remains in effect.