These Terms and Conditions of Platform Use and Services ("Terms") govern use of Viv Europe's websites, checkout pages, client portal, applications, communications tools, and relocation-related services. Please read them carefully. In particular, you acknowledge that:
These Terms are between you and Viver Europa, Lda., trading as Viv Europe - NIPC 515916145, AMI licence 21426, registered at Praça da Justiça, n.º 168, São Victor, 4715-125 Braga, Portugal - contact@viveurope.com. In these Terms, "Viv Europe," "Viv," "we," "us," and "our" mean Viver Europa, Lda. and, where the context requires, the authorised personnel and subcontractors acting on its behalf.
"Client," "you," and "your" mean the person or entity that accesses the Platform, creates an account, accepts these Terms, places an Order, signs a proposal or Service Agreement, or receives Services.
A "Consumer" is a natural person acting for purposes outside their trade, business, craft, or profession. A "Business Client" is any person or entity acting wholly or mainly for business or professional purposes. A person who purchases a personal relocation service is normally treated as a Consumer even if they are employed, self-employed, a company owner, or relocating for work.
The "Platform" includes:
"Services" means the services expressly described in the applicable checkout summary, proposal, quotation, statement of work, service package, order confirmation, or signed Service Agreement. An "Order" means the document or digital record that identifies the Client, selected Services, price, payment terms, and any service-specific conditions - whether generated by you on the Platform (for example a self-serve proposal signed electronically) or prepared for you by our team as a custom Service Agreement.
"Authority" means any government, consulate, embassy, immigration office, border authority, tax authority, municipality, court, registry, regulator, or other public body. "Third-Party Provider" means a person or organisation other than Viv Europe that supplies a product or service, including banks, payment providers, electronic-signature providers, cloud hosts, software providers, insurers, landlords, estate agents, lawyers, accountants, translators, notaries, couriers, apostille services, medical providers, educational institutions, and government-platform operators.
You accept these Terms when you take any of the following actions after being given access to them:
Platform-use provisions also apply when you browse or use the Platform, to the extent reasonably applicable to that use.
You must be at least 18 years old and legally capable of entering into a contract. If you act for an organisation, you confirm that you have authority to bind it.
A principal purchaser may buy Services relating to a spouse, partner, child, parent, or other applicant. The principal purchaser confirms that they are authorised to provide the relevant person's information and instructions. A principal purchaser does not automatically have authority to waive another adult's rights, consent to optional personal-data processing for them, sign a public-authority form for them, or make legally binding declarations in their name. We may require each adult applicant to accept these Terms, sign documents, provide identity evidence, or give separate authorisation.
You agree that contracts, approvals, signatures, notices, and records may be created and retained electronically where permitted by law. We may retain evidence such as the Terms version, Order, date and time, account identifier, IP address, acceptance event, signature record, and payment confirmation. These records may be used as evidence of the transaction, but nothing in this clause creates an irrebuttable presumption or removes a right available under mandatory law.
Before an online purchase, you must be given an opportunity to review and correct material Order information. After contracting, we will make the applicable Terms and Order confirmation available in a durable format, including by email, downloadable file, or another medium that allows you to store and reproduce them unchanged.
Your contract may include:
If there is a direct conflict, the documents apply in the order listed above, unless the higher-ranking document expressly states otherwise and the change is lawful. No document may remove a mandatory consumer, data-protection, or other statutory right.
Real-estate mediation, legal representation, tax or accounting services, insurance intermediation, banking assistance, company formation, investment services, and other regulated or specialist activities may require separate terms, mandates, disclosures, or engagement letters. Those specific documents govern the relevant regulated service.
Marketing materials, social-media posts, webinars, general guides, estimates, and informal conversations do not expand the purchased scope unless they form mandatory pre-contract information or are expressly confirmed in the Order or in a written amendment by an authorised Viv Europe representative.
We provide only the Services expressly included in your Order. A feature visible in the Platform, a general description on the Website, or a service provided to another client does not mean that it is included in your package. Additional work, renewed documents, repeated submissions, appeals, litigation, responses to unexpected authority requests, services after a material change in your circumstances, and services outside the original process may require a separate Order and fee.
Depending on the Order, Services may include:
Viv Europe does not issue visas, residence permits, nationality decisions, appointments, tax numbers, social-security numbers, bank accounts, licences, leases, insurance policies, or government decisions. Final decisions are made by the relevant Authority or independent Third-Party Provider. No employee, contractor, agent, automated tool, or Platform message may guarantee an approval, appointment, timeline, border entry, account opening, property, or other result unless the result is entirely within Viv Europe's control and the guarantee is expressly stated in the Order.
Unless the Order expressly identifies a specific professional service delivered by a suitably qualified professional, the Platform and general relocation support are not a substitute for individualised legal, tax, accounting, financial, investment, medical, or insurance advice. You should obtain independent specialist advice before making a decision outside the express scope of your Order.
Immigration rules, consular checklists, Authority practices, appointment systems, document-validity rules, financial thresholds, and processing methods may change with little or no notice. Our guidance is based on the information reasonably available when provided and may need to be updated. A change in law, policy, practice, interpretation, or Authority request does not by itself mean that Viv Europe has breached the contract.
Subject to these Terms, Viv Europe grants you a personal, limited, non-exclusive, non-transferable, revocable licence to use the Platform for your own authorised relocation process during the applicable service period. You receive no ownership interest in the Platform or its software, templates, workflows, databases, designs, or content.
Unless a specific function expressly states that it transmits information to an identified Authority or Third-Party Provider, the Platform is an internal workflow and communication system only. Completing a task, uploading a document, changing a status, or pressing a button within the Platform does not by itself file an application, notify an Authority, reserve an appointment, create a legal right, or satisfy a government deadline.
We use reasonable efforts to keep the Platform available and functional. However, the Platform may be unavailable, delayed, degraded, or inaccurate because of maintenance, security work, software updates, internet or telecommunications failures, third-party outages, cyber incidents, demand, force-majeure events, or technical defects. Unless a separate written service-level agreement says otherwise, we do not promise uninterrupted, real-time, error-free, or continuously available access.
The Platform is not an emergency service. Do not rely on ordinary in-app chat or support queues as the sole method for dealing with detention, imminent removal, same-day border issues, expiring legal status, a deadline due within one business day, or another urgent legal or safety matter. Use the emergency or official channels appropriate to the situation and notify Viv Europe through the designated contact route.
You are responsible for a supported device, operating system, browser, internet connection, email account, telephone access, and software reasonably necessary to use the Platform. You must install security or compatibility updates when reasonably requested. We may stop supporting obsolete or insecure versions after reasonable notice, except where immediate action is reasonably required for security or legal compliance.
We may correct defects, deploy security updates, improve functions, change layouts, replace providers, add or remove non-essential features, and update technical requirements. We will not materially reduce paid core Services during an active Order without a valid reason, appropriate notice, and any remedy required by law.
We may offer optional beta, preview, pilot, or experimental features. Where reasonably practicable, those features will be identified as such. They may be incomplete, changed, suspended, or withdrawn and should not be used as the sole basis for a material or irreversible decision. Any mandatory consumer, privacy, or safety rights continue to apply.
Where an action, instruction, approval, signature, purchase, booking, or message is made through your authenticated account, Viv Europe may reasonably treat it as authorised by you until you notify us of suspected unauthorised access. You are responsible for consequences caused by your failure to secure your account or promptly report suspected compromise. You are not responsible for unauthorised activity caused by Viv Europe's breach of its legal or contractual security duties.
Before selecting an action such as confirm, approve, sign, purchase, pay, book, send, submit, authorise, complete, or equivalent wording, you must review all displayed information, including:
If information is wrong or unclear, do not approve the action. Contact us before proceeding.
Where you grant Viv Europe or a designated professional a power of attorney or other mandate, you authorise actions only within the written scope of that mandate. We may rely on the information and documents you provide and on approvals you give through the Platform or another agreed channel. You remain responsible for the truth, accuracy, completeness, and continuing validity of the underlying information. Viv Europe remains responsible for acting within the mandate and performing agreed Services with the standard required by law.
Unless expressly stated otherwise:
A Platform status is not a legal opinion, official decision, promise, waiver, or guarantee.
A technical upload confirmation does not mean that a document has been opened, is readable, is authentic, has the correct apostille or legalisation, is accurately translated, is within its validity period, or meets every Authority requirement. Even after a Viv Europe review, an Authority may request a different document, updated version, original, certified copy, additional evidence, or different format.
Notifications, reminders, task dates, countdowns, calendars, estimated completion dates, and progress bars are convenience features. They may depend on your inputs, automated rules, or information available at the time and may be delayed, duplicated, filtered as spam, or not delivered. They do not replace:
This clause does not remove a specific deadline-monitoring duty that the Order expressly assigns to Viv Europe.
An instruction may become irreversible once it is transmitted, processed, signed, booked, paid, or relied on by an Authority or Third-Party Provider. Government charges, bank fees, translation costs, courier charges, appointment fees, landlord payments, and other external costs may be non-refundable. Viv Europe is not responsible for a consequence to the extent it was caused by your informed instruction, selected option, approval, inaccurate data, failure to review, or decision to proceed despite a warning.
The Platform may occasionally contain a typographical error, duplicate record, outdated checklist, incorrect status, delayed synchronisation, broken link, or information that conflicts with a later official notice. You must promptly report an apparent error and should not rely on information that is obviously incorrect or inconsistent. We may correct errors and update records. An obvious pricing or technical error does not create a right to receive a service at an unintended price, subject to mandatory consumer law.
Do not sell property, resign from employment, terminate housing, liquidate investments, move substantial funds, make non-refundable bookings, relocate dependants or pets, or take another irreversible step solely because of a Platform status, estimate, automated output, or informal message.
To the extent a loss is caused by your own instruction, omission, inaccurate or late information, unauthorised use that you failed to report promptly, failure to review, ignored warning, failure to monitor official communications, or voluntary decision, you bear that loss. This allocation does not exclude Viv Europe's responsibility for performing the Services expressly assigned to it with reasonable skill and care or any liability that cannot lawfully be excluded.
The Platform may use artificial intelligence, machine learning, rules-based automation, optical character recognition, or similar technologies to:
Where required by law, the Platform will inform you when you are interacting directly with an AI system or when content has been generated or materially altered by AI.
AI and automated outputs are probabilistic and may be incomplete, inaccurate, outdated, misleading, or unsuitable for your circumstances. An output is based on the inputs and sources available to the system and may fail to identify an exception, discretionary practice, recent rule change, or document defect. Unless an authorised qualified person expressly confirms otherwise in writing, an AI or automated output is not:
You may request human review of a material automated output through the designated support channel. Viv Europe will not use a solely automated process to make a final decision producing legal or similarly significant effects concerning you where applicable law prohibits that practice or requires safeguards.
You must verify AI-generated or automatically extracted names, dates, numbers, translations, summaries, and proposed answers before using, approving, signing, or submitting them. You must not use an AI feature to fabricate evidence, conceal relevant facts, impersonate another person, produce fraudulent documents, or mislead Viv Europe, an Authority, or a Third-Party Provider.
Any processing of personal data through AI or automated features is governed by the Privacy Policy and applicable data-protection law. These Terms do not provide independent consent for optional processing that legally requires separate consent.
You must provide accurate, current, and complete registration information and keep your email address, telephone number, residential address, and other material contact information updated.
You must:
You are responsible for account activity to the extent it results from your breach of Section 8.2 or your authorised user's actions. You are not responsible for activity caused by Viv Europe's own breach of its legal or contractual obligations.
We may require identity verification, liveness checks, source-of-funds information, sanctions screening, anti-money-laundering information, or other due diligence where reasonably necessary for security, fraud prevention, legal compliance, or a Third-Party Provider's requirements. We may delay or suspend an action while verification is incomplete.
You agree to:
You acknowledge that inaccurate, incomplete, fraudulent, misleading, expired, untranslated, improperly legalised, or late information may cause rejection, delay, extra cost, account suspension, legal consequences, or termination of Services.
We may communicate through the Platform, the email address or telephone number registered to your account, scheduled video calls, and any other channel expressly agreed for the case.
You must monitor your registered email, spam or junk folders, Platform notifications, Authority portals, and physical mail. You must keep contact details current and ensure that you can receive messages.
Messages sent through social media, public comments, unofficial telephone numbers, or personal accounts are not reliable service channels. A message to an individual staff member is not necessarily notice to Viv Europe unless received through an authorised business channel or confirmed by Viv Europe.
Unless the Order expressly states a response-time commitment, response times are targets rather than guarantees and vary according to urgency, complexity, working days, staff availability, public holidays, and request volume.
Where a Platform message conflicts with a later official notice, receipt, law, or direct instruction from the competent Authority, the official source prevails. Notify us promptly so that the case can be reviewed.
We may keep records of service communications, meetings, consents, approvals, and support interactions where lawful and reasonably necessary for service delivery, quality, security, training, dispute resolution, or legal compliance. Any recording requiring consent will be handled in accordance with applicable law.
You retain ownership of documents, photographs, text, and other content that you upload or provide, subject to any rights belonging to third parties.
You grant Viv Europe a non-exclusive, worldwide, royalty-free licence, for the duration reasonably necessary to provide the Services and comply with legal obligations, to host, copy, organise, review, translate, adapt for formatting, transmit, and otherwise process Client content. This licence permits disclosure to authorised personnel, processors, professional partners, Authorities, and Third-Party Providers where reasonably necessary for the requested Services and in accordance with the Privacy Policy and applicable law.
You confirm that:
We may reject, quarantine, convert, compress, or request replacement of a file that is unsafe, corrupted, illegible, password-protected, incompatible, excessively large, or in an unsupported format.
The Platform is not a permanent personal archive. You must retain original documents and your own copies of important files, receipts, confirmations, and communications. Before account closure, you should download any material you are legally entitled and technically able to retain.
Our Privacy Policy explains how we collect, use, disclose, retain, transfer, and protect personal data, and how data subjects may exercise their rights. It applies alongside these Terms.
We implement technical and organisational measures designed to provide a level of security appropriate to the relevant risks. Measures may include access controls, authentication, encryption, logging, backups, monitoring, regular vulnerability scanning and independent security testing of our infrastructure, and contractual controls over processors. No online service, transmission method, device, or storage system can be guaranteed to be completely secure or continuously available.
We may temporarily restrict access, reset credentials, isolate files, suspend integrations, or take other proportionate steps to investigate, contain, and remediate an actual or suspected security incident. Where law requires notification of a personal-data breach, we will comply with the applicable notification duties.
Nothing in these Terms excludes or limits data-subject rights or liability that cannot lawfully be excluded or limited under the GDPR or other applicable data-protection law.
We will use reasonable measures to protect non-public Client information. This duty does not prevent disclosure:
The Platform may integrate with or depend on payment, electronic-signature, messaging, scheduling, identity-verification, cloud-hosting, analytics, document-processing, video-call, and other technology providers. We may replace a provider or integration where reasonably necessary for security, functionality, availability, cost, or compliance. The providers that process personal data are disclosed in the Privacy Policy.
Where you contract directly with an independent Third-Party Provider, that provider's terms, privacy policy, eligibility rules, fees, cancellation rules, and service standards apply. Viv Europe does not control and does not guarantee the provider's decision, performance, availability, price, solvency, security, or continued operation. Viv Europe is not responsible for an independent provider's act or omission merely because we introduced, referred, coordinated with, or technically integrated that provider. This does not exclude responsibility for Viv Europe's own negligent misrepresentation, breach of an express referral obligation, or other non-excludable liability.
We may use employees, affiliates, contractors, processors, or professional partners to perform parts of the Services. Where applicable law makes Viv Europe responsible for persons used to perform its own contractual obligations, these Terms do not exclude that responsibility.
Government websites, appointment systems, portals, payment pages, and databases are operated independently. They may be unavailable, contain errors, change without notice, reject access, lose availability, or impose new requirements. We are not responsible for those systems or decisions, except to the extent a loss was caused by Viv Europe's own failure to perform an expressly agreed duty with the required standard of care.
Viv Europe may have a commercial, referral, coordination, or group relationship with a Third-Party Provider. We will make disclosures required by applicable law. A referral is not a guarantee or a substitute for your own review of the provider and its contract.
You acknowledge that:
Viv Europe cannot guarantee that an Authority or Third-Party Provider will release an appointment slot, keep a booked appointment, accept a group appointment, accept a submission method, or process a file by a particular date. Where an appointment-booking or submission service is included, our obligation is to perform the expressly agreed booking or submission assistance with reasonable skill and care, not to guarantee availability or acceptance.
Tax numbers, social-security numbers, company registrations, bank accounts, payment services, and related approvals are controlled by Authorities and independent providers. A bank or payment provider may request additional evidence, reject an application, delay onboarding, impose minimum balances or fees, restrict transactions, freeze funds, or close an account under its own terms and legal duties. Viv Europe does not guarantee approval or continued access. You are responsible for reviewing account terms, fees, tax consequences, source-of-funds requirements, deposit-protection information, and transfer instructions before moving funds.
Unless a separate real-estate mediation agreement expressly states otherwise:
Any licensed real-estate mediation service is also governed by the applicable mediation agreement and mandatory sector rules.
Authorities may reject a document because of age, format, issuing body, certification, apostille, legalisation, translation, spelling, seal, signature, scan quality, or other requirements. You must verify personal details and review translations when reasonably able to do so. Courier, postal, notarial, translation, and apostille providers are independent unless the Order expressly states otherwise. Delivery dates and Authority acceptance are not guaranteed.
Specialist advice or regulated services supplied by another professional are governed by that professional's engagement and professional duties. Viv Europe's coordination or referral does not make Viv Europe the provider of that specialist advice unless the Order expressly says so.
You are responsible for travel, employment, property, pet, schooling, shipping, healthcare, insurance, tax-residence, and financial decisions. You should use refundable or flexible arrangements where possible and avoid irreversible commitments until the relevant approval has been formally issued.
The applicable price, currency, VAT treatment, instalments, and included Services are shown in the Order. You must pay amounts when due using an accepted payment method.
Payments may be processed by independent providers. Their terms and security procedures apply. Viv Europe generally does not receive full payment-card details.
If a payment fails or becomes overdue, we may pause access or Services after any notice required by law or the Order. Pausing does not extend an Authority deadline, document-validity period, or appointment. You remain responsible for fees for Services already performed and non-cancellable costs already incurred.
An add-on selected in the Platform creates a separate or amended Order only after the price, scope, and material conditions are displayed and you give the required confirmation. We will not treat an optional add-on as purchased merely because it is displayed or recommended.
Unless expressly included, Viv Europe fees do not include:
Where you pay or transfer funds in another currency, your bank or payment provider determines the exchange rate and fees. Viv Europe is not responsible for exchange-rate movements or third-party conversion charges.
You should contact us promptly about a disputed payment so that the matter can be investigated. Knowingly initiating a false, duplicate, or abusive chargeback may constitute a breach of these Terms. Nothing in this clause restricts a lawful cardholder, banking, or consumer right.
This Section applies whenever mandatory law gives a Consumer a right to withdraw from a distance or off-premises contract. It is not limited to a particular Viv Europe sales model merely because an Order was prepared manually or signed electronically. Business Clients do not have a statutory consumer withdrawal right unless the Order expressly grants one.
Where applicable, a Consumer may withdraw without giving a reason within 14 calendar days from the date the service contract is concluded, subject to the rules below and any longer period required by law. The Consumer may use the model withdrawal form in Annex 1 or send another clear statement identifying the Client and Order and stating the decision to withdraw.
We will begin paid Services during the 14-day withdrawal period only where the Consumer has made the legally required express request on a durable medium or another legally valid form. The acceptance of these Terms and the request for immediate performance should be collected separately where required by law.
If the Consumer validly requested that Services begin during the withdrawal period and then withdraws before full performance, the Consumer must pay only the proportionate amount for Services actually supplied up to the withdrawal notice, calculated in accordance with applicable law.
The Consumer loses the withdrawal right for a fully performed service only where all legal conditions are met, including any required prior express consent to full performance during the withdrawal period and acknowledgement that the withdrawal right will be lost after full performance.
Where an Order includes digital content not supplied on a tangible medium, any loss of the withdrawal right is subject to the separate consent, acknowledgement, confirmation, and other requirements imposed by applicable law.
Any refund due following a valid withdrawal will be made within the legally required period, normally using the original payment method unless otherwise agreed without cost to the Consumer. We may deduct only amounts permitted by law.
This Section does not reduce a statutory withdrawal right or create an exclusion that applicable law does not permit.
Viv Europe fees compensate the agreed professional, administrative, technical, coordination, and case-management work. They are not conditional on an Authority or Third-Party Provider granting the desired outcome. A rejection, delay, cancelled appointment, rule change, request for additional documents, refusal by a bank or landlord, or decision not to continue does not by itself create a refund right.
After any applicable withdrawal period, you may request cancellation in writing. Unless mandatory law or the Order provides otherwise:
Each Order should identify material service stages and, where appropriate, the portion of the price allocated to each stage. Any allocation must reasonably reflect the expected work and must not operate as an unlawful penalty or remove mandatory remedies. If the Order contains no allocation, the amount retained will be based on the Services actually performed and costs properly incurred, supported by Viv Europe's records.
Subject to mandatory law, no refund is due merely because Services are delayed, repeated, or cannot be completed due to:
Nothing in this Section removes a Consumer's mandatory remedies where Viv Europe fails to supply a paid Service, materially breaches the Order, or supplies a digital service or other service that is not in conformity with applicable law. Where a remedy is due, Viv Europe may first have a legally permitted opportunity to cure or bring the Service into conformity.
Refunds of government fees or payments made directly to Third-Party Providers are governed by the receiving body's rules. Viv Europe cannot refund money it did not receive, except where the Order expressly makes Viv Europe responsible for that amount.
Timelines, target dates, progress percentages, and estimated decision dates are planning estimates unless the Order expressly states that a date is guaranteed and within Viv Europe's control.
Delays may result from Authority backlogs, appointment scarcity, security checks, postal or courier delays, third-party processing, public holidays, strikes, outages, legal changes, document defects, requests for more evidence, or Client action or inaction.
The service and Platform-access period is stated in the Order. If the Order does not state a period, the default service and Platform-access period is two years from the date of the Order. The service period does not automatically extend because an Authority or Third-Party Provider is delayed, unless the Order, a written extension, or mandatory law provides otherwise.
If you do not respond to a material request for 45 consecutive days, we may pause active work after sending notice to your registered contact details. If inactivity continues for a further period stated in the notice, we may close the active case or terminate unperformed Services, subject to mandatory law. The financial consequences are governed by Section 17; closure does not automatically entitle Viv Europe to retain unearned amounts.
We may immediately or, where appropriate, after notice suspend Platform access or Services where reasonably necessary because of:
A suspension will be proportionate to the circumstances and will not remove rights that cannot lawfully be removed.
We may terminate an Order or account where:
You may terminate by written notice, subject to Sections 16 and 17 and any service-specific terms.
On termination:
Termination does not reverse an action already completed by an Authority or Third-Party Provider.
You must not, and must not help another person to:
We may investigate suspected misuse, preserve evidence, restrict access, and cooperate with competent Authorities where lawful.
The Platform and its software, architecture, workflows, databases, designs, branding, trademarks, written materials, videos, templates, questionnaires, checklists, educational content, and other Viv Europe materials are owned by or licensed to Viv Europe and protected by intellectual-property law.
You may use materials supplied for your case for your own personal process. You may not publish, sell, license, distribute, train a competing system on, scrape, or commercially exploit them without written permission.
Section 21.1 does not transfer ownership of your pre-existing documents or personal content to Viv Europe.
If you voluntarily provide ideas or feedback about the Platform, you grant Viv Europe a perpetual, worldwide, royalty-free right to use that feedback without identifying you or disclosing confidential personal data, unless otherwise agreed.
Third-party content and software remain subject to the rights and licences of their owners.
You must communicate professionally and must not threaten, harass, intimidate, discriminate against, defame, stalk, or disclose private personal information about Viv Europe staff, contractors, partners, or other clients. You must not secretly access or publish confidential internal systems, credentials, security details, or another client's information.
You must not record or publish a private meeting or non-public correspondence without the consent required by applicable law, except where mandatory law expressly permits the activity or the material is lawfully used to establish, exercise, or defend a legal claim.
This Section does not prevent lawful complaints, reviews, reports to regulators, protected disclosures, or the exercise of legal rights.
Viv Europe will perform the Services expressly included in the Order with the degree of skill and care required by applicable law.
We do not warrant a result controlled by an Authority or independent Third-Party Provider. We do not warrant that every general guide, automated output, or Platform feature will be suitable for every Client or remain current indefinitely.
Where mandatory consumer law concerning digital content or digital services applies, Viv Europe will provide the conformity, supply, update, cure, price-reduction, termination, and refund rights required by that law. These Terms do not contract out of those rights.
For Business Clients only, and to the maximum extent permitted by law, warranties not expressly stated in the Order are excluded. This does not exclude a warranty or duty that cannot lawfully be excluded.
Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by law. This includes, where applicable:
Viv Europe is not responsible for a loss to the extent it was not caused by Viv Europe's breach or was caused by:
This clause applies only to the extent of the relevant cause and does not excuse Viv Europe from an expressly assumed duty that it failed to perform with the required standard of care.
Where the Client is a Consumer, Viv Europe is responsible for direct loss that is reasonably foreseeable and caused by Viv Europe's breach of the contract or failure to use the legally required care. Subject to mandatory law, Viv Europe is not responsible for:
No financial cap in these Terms applies to a Consumer where imposing it would be unlawful or unfair.
For Business Clients only, to the maximum extent permitted by law:
This Section 24.4 does not apply to liability listed in Section 24.1.
Viv Europe is not liable for an independent Third-Party Provider's breach merely because Viv Europe referred, introduced, coordinated, or integrated the provider. Viv Europe remains liable for its own actionable misrepresentation or breach and for subcontractors to the extent required by law.
A party claiming loss must take reasonable steps to avoid or reduce it. No party may recover more than once for the same loss.
The liability rules in this Section apply to Platform actions, automated outputs, notifications, uploads, statuses, integrations, and account activity together with the specific responsibility rules in Sections 5 to 8.
A Business Client will indemnify Viv Europe against reasonable third-party claims, damages, penalties, and costs arising directly from:
The indemnity does not apply to the extent the claim was caused by Viv Europe's own breach, negligence, wilful misconduct, or non-compliance.
No Consumer indemnity applies except to the limited extent permitted by mandatory law for a third-party claim caused by the Consumer's deliberate unlawful or fraudulent conduct.
A Force Majeure Event is an event beyond a party's reasonable control that prevents or materially delays performance, including natural disaster, fire, flood, epidemic, war, terrorism, civil disorder, strike, widespread power or telecommunications failure, government action, Authority closure, major public-system failure, or a cyberattack despite legally required and reasonable security measures.
The affected obligation is suspended for the duration and extent of the Force Majeure Event. The affected party will use reasonable efforts to reduce the impact and resume performance. A Force Majeure Event does not excuse payment for Services already properly performed or costs already properly incurred.
If a Force Majeure Event prevents a material part of paid Services for a prolonged period, either party may terminate the affected unperformed part on reasonable notice. Any refund or payment will be calculated for the performed and unperformed portions, subject to mandatory law.
Please send a complaint with your name, Order or case reference, relevant dates, and requested resolution to contact@viveurope.com. We will investigate and respond through an appropriate channel.
Consumers may also use Portugal's official Livro de Reclamações Eletrónico at www.livroreclamacoes.pt.
Subject to the entity's territorial and subject-matter competence, Consumers may contact: CIAB - Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo), Rua D. Afonso Henriques, 1, 4700-030 Braga, Portugal - telephone +351 253 617 604 - geral@ciab.pt - ciab.pt. An up-to-date list of authorised Portuguese consumer alternative-dispute-resolution entities is available from the Direção-Geral do Consumidor.
Where Portuguese law provides for mandatory arbitration or mediation of a low-value consumer dispute at the Consumer's express choice, Viv Europe will comply with that legal procedure.
This Section does not remove a Consumer's right to use a competent court or another remedy that cannot lawfully be excluded.
These Terms and Consumer Orders are governed by Portuguese law. However, this choice does not deprive a Consumer of mandatory protections that would apply under the law of the country of the Consumer's habitual residence where applicable conflict-of-law rules provide those protections. A Consumer may bring or defend proceedings in any court made available by mandatory consumer-jurisdiction rules. Nothing in these Terms requires a Consumer to litigate exclusively in Braga or Portugal where such a restriction is prohibited.
For Business Clients, these Terms and each Order are governed by Portuguese law. Subject to any mandatory jurisdiction rule, the courts of the district of Viv Europe's registered headquarters in Portugal have exclusive jurisdiction.
The version accepted when an Order is concluded normally governs that Order's core scope, price, cancellation terms, and liability allocation. We will not retroactively change those core terms merely by posting a new version, unless:
We may update Platform-use, security, technical, acceptable-use, provider, and operational terms for a valid reason, including legal compliance, fraud prevention, cybersecurity, product improvement, provider replacement, or changed functionality. We will provide reasonable advance notice of a material adverse change unless urgent legal or security circumstances require faster action.
Where required by law, a Client materially and adversely affected by a change may terminate the affected unperformed Service or stop using the changed feature and receive any remedy required by law. Continued use after notice is treated as acceptance only to the extent legally valid. We will obtain express acceptance where mandatory law requires it.
You may not transfer an Order or account without our written consent, except where mandatory law permits it. Viv Europe may assign an Order to an affiliate, successor, purchaser of the relevant business, or replacement entity if the assignment does not reduce mandatory rights or materially impair the agreed Services. We will provide notice where required.
Viv Europe may subcontract parts of the Services, subject to applicable law, confidentiality, data-protection duties, professional requirements, and Section 13.3.
The contract documents identified in Section 3 constitute the agreement concerning the Order. This clause does not exclude liability for fraud, remove mandatory pre-contract information, or prevent reliance on a legally binding written representation.
A delay or failure to enforce a right does not waive it. A waiver is effective only for the specific matter for which it is given.
If a provision is invalid, unlawful, or unenforceable, it will be removed or limited to the minimum extent necessary. The remaining provisions continue in effect. A court or competent body may replace an invalid provision only as permitted by applicable law.
These Terms do not create a partnership, joint venture, fiduciary relationship, employment relationship, or general agency between the Client and Viv Europe. A specific power of attorney creates only the authority expressly stated in that document.
Headings are for convenience and do not alter interpretation.
Terms supplied to Consumers must be presented in a clear and comprehensible language appropriate to the transaction and as required by law. Viv Europe publishes convenience translations of these Terms; the English version is the governing version, without removing mandatory language or consumer rights.
Provisions concerning payment, intellectual property, confidentiality, acceptable use, liability, dispute resolution, data retention, and any term that by nature should survive remain effective after termination.
Questions about these Terms may be sent to: Viver Europa, Lda. (Viv Europe) - NIPC 515916145 - AMI licence 21426 - Praça da Justiça, n.º 168, São Victor, 4715-125 Braga, Portugal - contact@viveurope.com.
Complete and return this form only if you wish to withdraw from an eligible distance or off-premises contract.