{"service":{"name":"Viber","url":"https://www.viber.com/en/terms/viber-terms-use/","lang":"ENG","sector":"Communication","hq":"Luxembourg","hq_category":"EU","is_public":"Indirectly public","is_paid":"Optionally paid","date":"May 2018"},"document":{"title":"","text":"Viber Terms of Use\nThanks for sending us good vibes by using the various services available within Viber! You may be\nsurprised, but we will refer to all such services, including additional apps published by Viber Media\nS.a.r.l, and also third party services which are powered by Viber’s technology, as the “Services”.\nThe Terms of Use (or, the “Terms”) presented below are the basic rights and obligations that you and us\nhave between us when you use our Services. The language of the Terms will seem legal (basically,\nbecause they are) but we still tried to make them as simple as possible for you to read, so that we are\nsure that you knowingly choose to enjoy our Services under these binding Terms (which actually\nconstitute a binding agreement between Viber Media S.a r.l. and yourself).\nWhen you use our Services, in addition to enjoying a world of good vibes, you also agree to the Terms\nand they affect your rights and obligations. You can choose not to enjoy the Services, if you don’t want\nthese Terms to apply (and by these Terms we also mean our Privacy Policy, Cookies and Tracking\nTechnologies Policy, DMCA Policy, and other policies on our policies page, which are incorporated\nherein).\nNO ACCESS TO EMERGENCY SERVICES: Viber is not a replacement for your ordinary mobile or fixed\nline telephone and does not allow you to make emergency calls to emergency services. You must make\nalternative communication arrangements to ensure that you can make emergency calls if needed.\nSome features of our Services may be subject to additional terms and conditions, which you should read\nbefore making use of those features, and they add up to these Terms. You understand that, just like a\nregular mobile phone service, anyone with knowledge of your phone number may call you or send you\nmessages through our Services and anyone you send a message to can use the content of your\nmessage as they desire.\n1. Legal Capacity; Children and Minors. If you are under the age of consent in your country to form a\nbinding agreement, you should only use our Service if you are either an emancipated minor, or have the\nlegal consent of your parent or guardian for your use of our Service. You should use our Service only if\nyou are fully able to understand and enter into and comply with these Terms. Our Services are not\nintended for children under 13: if you are under 13, please wait until you turn 13 to use them.\n \n2. Updates to Terms. We are always working on adding additional features to our Services, and\nbecause of that, and also since sometimes applicable laws change, we may revise and reissue these\nTerms occasionally, by posting updated Terms. You consent and agree to receive notices of updates of\nthese Terms through our posting of updated Terms on the Services. You should visit this page regularly\nto review the current Terms. If you do not agree to updated Terms, you should stop using our Services\nand/or close your account. Your continued use of any of our Services will be deemed as your\nacceptance of any revisions.\n \n3. The Information You Give Us to Use the Service Must Be Correct. To access the Viber Service or\nsome of the features we offer in the Viber Service, you will be asked to provide true and complete\nregistration details, including your correct age. If we at Viber believe the details are not correct, current,\nor complete, we have the right to prevent you from accessing our Services, or any of its resources and to\nterminate or suspend your account.\n \n4. Online Privacy Notice. Your privacy is important to us. To better protect your privacy, we provide\nnotices explaining our information practices and the choices you can make about the way your\ninformation is collected and used at our Services. Click here to view our Privacy Policy. If you are a\ncitizen of the European Economic Area, learn how you can exercise your data subject rights here. If you\nare a resident of California (US), learn how you can exercise your privacy rights here.\n \n\n5. Trademarks and Copyrights. Our Services and materials incorporated by Viber on our Services\n(“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”).\nSome of the characters, logos, or other images incorporated by Viber in our Services are also protected\nas registered or unregistered trademarks, trade names, and/or service marks owned by Viber or others\n(“Trademarks”). Viber or its licensors own the title, copyright, and other intellectual property rights in the\nMaterial and Service, and by using our Services, you do not acquire any ownership rights in Service or\nMaterials contained therein. Viber respects the intellectual property rights of others and asks users of our\nServices to do the same.\n \n6. Your Use of Our Material. Your right to make use of our Service and any Material or other content\nappearing on it is subject to your compliance with these Terms. You may not modify, or use the Material\nor any other content on our Services for any purpose not permitted by these Terms. Such prohibited use\nviolates these Terms and may be a violation of the Copyrights and/or Trademarks protected by law.\nYou may access and display Material and all other content displayed on our Services for non-\ncommercial, personal, entertainment use on any computer, tablet, smart watch, or mobile device you\nown or control. The Material and all other content on this Service may not otherwise be copied,\nreproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless\nspecifically authorized by Viber. Also, decompiling, reverse engineering, disassembling, or otherwise\nreducing the code used in any software on this Service into a readable form in order to examine the\nconstruction of such software and/or to copy or create other products based (in whole or in part) on such\nsoftware, is prohibited. You may not rent, lease, lend, sell, redistribute or sublicense the Material and/or\nthe Services.\n7. Call Services; Premium Services. As part of our Service, we offer you to call your friends who use\nViber, through our Service, free of charge (calls use your data plan unless connected to Wifi). Viber also\noffers you the opportunity to become a premium “Viber Out” user, which allows you to call non-Viber\nusers (landlines or mobiles) around the world at such rates as presented\nherein https://account.viber.com/en/rates-index.\nIn addition, you are allowing certain incoming calls generated outside the Viber network, by your friends\nor other people calling your number, to be received by your mobile device or desktop through the\nLicensed Application (hereinafter: “Viber In”). “Viber In” is provided to you for free and you may disable\nthe ‘Viber In’ service at any time by changing the application settings.\n8. Charges for Viber Out Service and Other Products or Features.\n8.1 Calling non-Viber phone numbers and premium rate numbers with Viber Credit:\n8.1.1 The rates for calling landlines and mobile phones outside of the Viber community consist of a\nper-minute rate as set out on http://account.viber.com/. After a 4-hour call duration, the call will be\ndisconnected and require a re-dial.\n8.1.2 Viber may change the rates for calling phones at any time without notice to you by posting\nsuch change at http://account.viber.com/. The new rate will apply to your next phone call after the new\nrates have been published. Please check the latest rates before you make your call. If you do not accept\nthe new rates, do not make your call.\n8.1.3 The duration of a call shall be based on one-minute increments. Fractions of minutes will be\nrounded up to the next minute. At the end of a call, fractional cent charges will be rounded up or down to\nthe nearest whole cent. For example a total call at a price of €0.034 will be rounded to €0.03. During the\ncall, charges incurred will be deducted automatically from the Viber Credit balance in your User\nAccount.\n8.1.4 The use of Viber Out is subject to our Fair Usage Principles.\n \n8.2 Subscriptions/Calling plans. Viber offers cost-saving calling plans specifying a fixed price for\nspecified destinations and time periods. We also offer recurring calling plans which renew on a\nperiodical basis and are a type of subscription. Our calling plans, including the unlimited plans, are\nintended for individual use only and are subject to our Fair Usage Principles to prevent fraud and\nmisuse. They also exclude special, premium, service, satellite, and non-geographic numbers. We may\nterminate your subscription and/or offer you an alternative calling plan if we notice that your usage is in\nbreach of our Fair Usage Principals. We reserve the right to change our calling plans and subscriptions\nor stop offering them at any time. Reduction to the prices of our calling plans will not affect previously\n\npurchased and existing calling plan(s). For Subscriptions which include a bundle of features, we will\nnotify you in the event that the types of products in the Subscriptions change and you will have the right\nto terminate the subscription. Unused minutes or credit will not roll from one month to the next.\n \n8.3 Sticker Subscriptions. In certain locations, Viber offers digital sticker subscriptions for a fixed\nprice, allowing Users to download otherwise paid-for stickers for free during the subscription period. Our\ndigital stickers are protected by copyright and are intended for Users’ individual use only.  The use of our\ndigital stickers is subject to our Fair Usage Principles to prevent fraud and misuse. We reserve the right\nto change our sticker subscriptions or stop offering them at any time.  We also may remove at any time\nany sticker packs included in a subscription. For Subscriptions which include a bundle of features (e.g.,\nstickers and other services), we will notify you in the event that the types of products in the Subscriptions\nchange and in that event you will have the right to terminate that subscription. We reserve the right to\nlimit access to sticker packs downloaded through a subscription, following termination or expiry of the\nsubscription. Our Payments Policy explains the terms relating to the way in which you pay us for\nSubscriptions, including whether such payment is to be made through your mobile phone bill.\n \n8.4 The charges for other Viber products or features will be confirmed to you before you complete\na purchase from Viber. Viber may change the prices of such products at any time without any notice to\nyou. You can choose whether or not to accept the new charges prior to completing your next purchase\nof the applicable product. The new prices will apply to your next purchase after the new prices have\nbeen published.\n \n8.5 From time to time, Viber may offer products or features available at no charge for a trial period,\nat Viber’s sole discretion, including as to duration and scope of no charge offers. However, Viber\nreserves the right to charge you for such products (at the normal rate) in the event that Viber determines\n(in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any\nservice, proxy or other device or anonymous IP address that prevents us from locating you.\n \n8.6 Viber may collect VAT or other indirect taxes at the applicable rate for the particular country (as\nper applicable tax rules) at the time of purchase of Viber Credit or at the time you use the Viber Credit.\n \n8.7 Using the Service on mobile applications will use some of the data allowance available on the\ndata package to which you have subscribed with your mobile network operator as the case may be. Out-\nof-country usage may in any event lead to significantly higher costs than regular usage, and you are\nsolely responsible for keeping yourself informed and paying for possible roaming and other applicable\ncharges levied by your mobile network operator.\n \n9. Payments; Refunds. You can find information about payments, credits, and refunds in our Payments\npolicy.\n \n9.1 You can purchase credits (“Viber Credit”) using any payment method made available to you by\nViber from time to time. The Viber Credit that you purchase will be applied to your User Account at the\ntime of purchase. We will send you an acknowledgment of your order of Viber Credit [by email]. We use\nthe services of third parties to process your payments to us or to third parties and we require that these\nthird parties take the appropriate organizational and technical measures to protect your personal data\nand traffic data and to comply with relevant laws. Please review the terms of use and privacy policies of\nthose third parties before providing your banking or payment information. You agree that you are not\nrelying on the future availability of any feature or product offered through the Service in agreeing to or\nmaking payments hereunder. You can change your payment method and billing information by logging\ninto your Viber account at http://account.viber.com/. You agree that Viber may use information regarding\nyour selected payment method provided by your issuing bank or applicable payment system. If you pay\nwith foreign currency, you agree that the amount you are eventually credited may vary, as a result of\nforeign currency conversion policies of our third party payment processors, which you can find at the\nrelevant website or location where you make the actual purchase.\n\n \n9.2 If you do not use your Viber Credit for a period of six months (including Viber Credit that has\nbeen allocated to you by a Viber administrator), such credits will be frozen. You can reactivate the Viber\nCredit by accessing your Viber-Out account on viber.com, and following the instructions therein. If your\nViber account is deactivated, your Viber Credit will be lost. For this purpose, Viber Account may be\ndeactivated in any of the following: (i) You actively deactivate your account. (ii) You remove Viber from\nyour mobile device and do not reinstall it within three months (iii) You do not log in to Viber for twelve\nconsecutive months.\nFor Japanese numbers (+81), Viber Credit expires within 180 days of purchase, with no ability to\nreactivate.\n \n9.3 Viber Credit currently can be used only for Viber Out calls.\n \n9.4 Automatic Recurring Charge. The recurring charge feature will be automatically enabled when\nyou buy Viber Credit through the Viber mobile application or website and check the appropriate\ncheckbox at the time of purchase. Your Viber Credit balance will be recharged with the same amount\nand by the same payment method you initially designated when you registered your account every time\nyour Viber account balance goes below the threshold set by Viber from time to time. You can disable the\nrecurring charge feature at any time by accessing your User Account. Any charges mentioned in\nspecific currencies are solely considered as examples, and do not take currency fluctuations or\ndiscrepancies into account.\n \n9.5 Payment for Subscriptions (e.g. recurring calling plans) are made on a recurring payment\nbasis. This means that you agree that at the applicable recurring intervals your payment method will be\ncharged, until you actively elect to terminate the Subscription.\n \n9.6 In the event of any errors relating to the pricing or specifications, Viber shall have the right to\nrefuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to\ncancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may\napply.\n \n10. Refunds.\n \n10.1 Except as provided by law, all purchases are final and non-refundable. If you believe that\nViber has charged you in error, you must contact Viber within 90 days of such charge. No refunds will be\ngiven for any charges more than 90 days old. If you purchase any digital content from Viber, any right\nyou may have to withdraw from or cancel the purchase will terminate once the digital content has been\ndelivered to you upon your request, and you will not be entitled to claim any refund, except where you\nbelieve Viber has charged you in error. If you use third party services to purchase Viber Out Credit, such\npurchase is also subject to the terms of such third party (including with respect to payment terms,\nrefunds, etc.).\n \n10.2 Viber reserves the right to refuse a refund request if it reasonably believes or suspects (i) that\nyou are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in\nrespect of the same product or feature; (ii) that you are in breach of the terms of this License; (iii) that you\nare using any of our products fraudulently or that your User Account is being used by a third party\nfraudulently; or (iv) that you purchased your credit through a third party service and the terms of such\nthird party do not allow such refund. This refund policy does not affect any of your statutory rights to\npursue a claim.\n \n11. Public Content. THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR\nEXPRESSED IN OR ON COMMUNITIES, CHANNELS AND/OR CHAT BOTS, COMMENT SECTIONS,\nCOMMUNITY CHATS, OR OTHER FORUMS ON THIS SERVICE (“FORUMS”) ARE NOT NECESSARILY\n\nTHOSE OF THE VIBER GROUP OR CONTENT PROVIDERS. VIBER DOES NOT UNDERTAKE TO\nMONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF\nVIBER. VIBER MAY BLOCK, REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT\nANY TIME IN VIBER’S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK\nAND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.\n \n12. User Content.\n \n           (a) We want you to share your good vibes through our service! This is why we have different\nfeatures allowing you to do so. However, because we want to protect you and other Users and make\nsure your experience is positive, we reserve the ultimate right at all times (but will not have an obligation)\nto remove or refuse to distribute any User Content on the Service, to suspend or terminate users, and to\nblock participants of our Forums without liability to us, including where such User Content, in our sole\ndiscretion, violates these Terms, including these House Rules, the Public Account, Public Chat, Bot,\nCommunity and Channels and VAP Terms & Guidelines,  these Content Guidelines (which are part of\nthese Terms) or any additional applicable terms and policies, or applicable laws, and/or infringes any\nthird party rights, or that we otherwise find objectionable. We also reserve the right to respond to user\nsupport requests or reports provided through the Viber App, or protect the rights, property or safety of\nViber, its users and the public.\nWhen you create digital stickers on our Service they must meet our Content Guidelines, and must not\nfurther contain, imply or promote adult or adult-related content; alcoholic beverages; tobacco or\ntobacco-related products; weapons and other dangerous products or services; gambling, betting and\nlotteries content; or any illegal products, services or activities, or content that is not suitable for minors or\nthe publication of which requires the minimal “age gating” or other regulators’ restrictions or limitations\nunder any applicable international or local laws, rules and regulations. For further instructions please see\nour ad content guidelines at https://www.viber.com/en/terms/viber-advertising-policy/.\n (b) License: When you use our public Forums, your content is public and you allowing anyone, on\nViber and elsewhere to view it and associate it with you. Your content will be used to help improve how\nwe offer content to you and other users. By posting or uploading any User Content to Viber, you\nspecifically grant us and our affiliates a non-exclusive, transferable, sub-licensable, royalty-free,\nworldwide license to use any intellectual property rights for the content that you share publicly on or in\nconnection with our Service, including without a limitation host, store, display, reproduce, modify, adapt,\nedit, publish, and distribute such content. This License will end once you delete such content or your\naccount unless users who have seen the content saved it. Removed content may persist in backup\ncopies for a reasonable period of time (but will not be available to others).\n \n13. Our Use of Your User Content. Viber will consider anything you provide to Viber, including\nfeedback, ideas or suggestions and/or contribute to this Service as available for our use free of any\nobligations to you (including any payment). Under no circumstances will we pay you for the use of your\nideas or submissions.\n \n14. Claims of Infringement. If you believe that any materials accessible on or from the Service infringe\nyour copyrights, you may request the removal of those materials (or access thereto) by contacting our\ncopyright agent. Please go to the DMCA notification page to review our DMCA notification guidelines\nand procedures – Viber DMCA Policy.\n \n15. Responsibility for Your Use. You may only use our Service and its contents for lawful purposes\nand in accordance with applicable law and you are prohibited from storing, distributing, or transmitting\nany unlawful material through this Service, otherwise you may be exposed to criminal and/or civil liability.\nYou agree that if a third-party claims that material you have contributed to our Service is unlawful, you\nwill bear the burden of establishing that it is lawful. You understand and agree that all materials publicly\nposted or privately transmitted on or through this Service are the sole responsibility of the sender, not\nViber, and that you are responsible for all material you upload, publicly post or otherwise transmit to or\nthrough this Service.\n\n \n16. System Abuse; Bulk Messaging. Without limitation, you agree not to send, create, or reply to so\ncalled “mailbombs” (i.e., sending copies of a single message to many users, or sending large or multiple\nfiles or messages to a single user with malicious intent) or engage in “spamming” (i.e., sending\nunsolicited messages for business or other purposes) In addition, you agree not to send “bulk\nmessaging” (i.e. sending messages for business or other commercial purposes) without written\npermission by Viber, or undertake any other activity which may adversely affect the operation or\nenjoyment of this Service by any other person, including placing malware on the Service.\nYou may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource,\ncontained on this Service.\n \n17. Security of User Accounts. If you create a User Account by selecting a password and providing\nyour name, You are responsible for all activities that occur under your User Account. You agree to notify\nViber immediately of any unauthorized use of your User Account or any breach of security with respect\nto your User Account including your password. Viber will not be liable for any loss that you may incur as\na result of someone else using your User Account, either with or without your knowledge. In addition, you\nmay be held liable for any losses incurred by us or another party due to someone else using your User\nAccount. Viber shall be entitled to monitor your User Account and password and, at its discretion,\nrequire you to change your password. If you use a username and password that Viber considers\ninsecure, Viber will be entitled to require this to be changed and/or terminate your User Account.\n \n18. Violation of Security Systems. You are prohibited from using any services or facilities provided in\nconnection with this Service to compromise security or tamper with system resources and/or accounts.\nThe use or distribution of tools designed for compromising security (e.g. password guessing programs,\ncracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any\nviolation of system security, Viber reserves the right to release your details to system administrators at\nother sites, law enforcement and/or governmental authorities in order to assist them in resolving security\nincidents.\n \n19. Termination. We aspire that you will always continue to share good vibes through the use of our\nService, but you may terminate your relationship with Viber at any time. If you are using our free Service,\nyou may simply cease to use the Service. If you registered for our “Viber Out” service (described above),\nyou can request that Viber delete your account and our cancellation policy shall apply. Where\npermissible under the law, Viber has the right to terminate your rights under our Service without notice.\n \n20. Disclaimer of Warranties. Although we make great efforts to make our Service error and\ninterruption free, we cannot promise that such efforts will result with such desired performance. YOUR\nUSE OF THIS SERVICE IS AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE\nGIVEN BY US SHALL CREATE A WARRANTY. THE SERVICE AND ALL THE MATERIALS, INFORMATION,\nSOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND\n“AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE\nFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIBER, ITS PARENT RAKUTEN\nAND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF VIBER (“THE VIBER GROUP”) DISCLAIM\nALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES\nOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE\nVIBER GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THIS\nSERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE\nCORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE\nFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE VIBER GROUP DOES NOT WARRANT\nOR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE\nMATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE\nSERVICE OR ANY WEBSITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS,\nACCURACY, RELIABILITY, OR OTHERWISE. THE VIBER GROUP MAKES NO WARRANTIES THAT YOUR\nUSE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT\nOF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE VIBER GROUP ASSUMES\n\nNO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS,\nINFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICE OR ANY\nOTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF\nTHE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO\nYOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.\nIF YOU ARE ACCESSING A UNITED KINGDOM OR LUXEMBOURG VERSION OF THE SERVICE,\nNOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL\nINJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS, OR\nEMPLOYEES.\n21. Limitation of Liability. THE VIBER GROUP DISCLAIMS ALL LIABILITY, WHETHER BASED IN\nCONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT\nACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL,\nCONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY\nUSE OF, OR INABILITY TO USE, THE SERVICE OR ANY OTHER SITE, APP OR SERVICE, OR THE\nMATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE\nSERVICE OR ANY OTHER SITE, APP OR SERVICE, REGARDLESS OF THE BASIS UPON WHICH\nLIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE VIBER GROUP HAS BEEN ADVISED OF\nTHE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY\nMEMBER OF THE VIBER GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,\nREPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF\nAPPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY\nTO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY\nAPPLICABLE LAW. In no event shall our total liability to you for all damages (other than as may be\nrequired by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).\nThe foregoing limitations will apply even if the above stated remedy fails of its essential purpose.\n \n22. Indemnity. You agree to indemnify and hold harmless The Viber Group from and against any and\nall claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from\nyour breach of these Terms, including any of the foregoing provisions, representations or warranties,\nfrom your placement or transmission of any content onto Viber’s servers and/or from any and all use of\nyour User Account.\n \n23. Release. If you have a dispute with one or more users (including game developers and/or\nmerchants), you release The Viber Group from claims, demands, liabilities, costs, or expenses and\ndamages (actual and consequential of every kind and nature, known and unknown, arising out of or in\nany way connected with such disputes). In entering into this release, you expressly waive any\nprotections (whether statutory or otherwise) to the extent permitted by applicable law that would\notherwise limit the coverage of this release to include only those claims which you may know or suspect\nto exist in your favor at the time of agreeing to this release.\n \n24. Investigations. Viber may seek to gather information from a user who is suspected of violating\nthese Terms and from any other user. Viber may suspend any users whose conduct or postings are\nunder investigation and may remove such material from its servers as it deems appropriate and without\nnotice. If Viber believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or\nmodify any submission, posting or emails, remove the material permanently, cancel postings, warn\nusers, suspend users and passwords, terminate accounts, or take other corrective action it deems\nappropriate. Viber may fully cooperate with any law enforcement authorities or court order requesting or\ndirecting Viber to disclose the identity of anyone posting any content, or publishing or otherwise making\navailable any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT\nYOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE VIBER GROUP FROM ANY CLAIMS\nRESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE VIBER GROUP DURING OR AS A\nRESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF\nINVESTIGATIONS BY EITHER A MEMBER OF THE VIBER GROUP OR LAW ENFORCEMENT\nAUTHORITIES.\n \n\n25. Reservation of Rights. Viber reserves the right to modify or discontinue, temporarily or\npermanently, all or any part of this Service and/or any software, facilities, and services on this Service,\nwith or without notice and/or to establish general guidelines and limitations on their use.\n \n26. Local Regulations. We make no representation that our Service is available for use or permitted by\nlaw in any particular location. To the extent you choose to access our Service, you do so at your own\ninitiative and are responsible for compliance with any applicable laws, including but not limited to\napplicable local laws. You are responsible for complying with local laws, if and to the extent local laws\nare applicable. You specifically agree to comply with all applicable laws concerning the transmission of\ntechnical data exported from the United States or the country you reside in.\n \n27. Third-Party Services. This Service may link you to other sites on the Internet and third party\npartners which cooperate with us to provide you certain Services. These sites may contain information or\nmaterial that some people may find inappropriate or offensive. These other sites are not under the control\nof Viber, and you acknowledge that (whether or not such sites are affiliated in any way with Viber) Viber is\nnot responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the\ncontent of such sites, and that your use of such sites is subject to their respective terms of use. The\ninclusion of such a link does not imply endorsement of any site by Viber or any association with its\noperators.\n \n28. Viber cannot ensure that you will be satisfied with any products or services that you purchase from\nany third-party site that links to or from Viber since the third-party sites are owned and operated by\nindependent retailers. Viber does not endorse any of the merchandise, nor has Viber taken any steps to\nconfirm the accuracy or reliability of any of the information contained on such third-party sites. Viber\ndoes not make any representations or warranties as to the security of any information (including, without\nlimitation, credit card and other personal information) you might be requested to give any third-party, and\nyou irrevocably waive any claim against us with respect to such sites. We strongly encourage you to\nmake whatever investigation you feel necessary or appropriate before proceeding with any online\ntransaction with any of these third-parties.\n \n29. Proprietary Online Services. Any area of this Service that is accessed through any proprietary\nonline service is subject to the rules, policies and guidelines of such proprietary online service.\n \n30. Jurisdictional Issues. The Materials and all other content in this Service are presented for the\npurpose of providing information regarding the Viber Services available in the United States and\nelsewhere.\n \n31. Choice of Law. To the extent permitted by law, and with the exception of Section 8 (which will be\nconstrued in accordance with the FAA and New York law), these Terms shall be governed by, construed\nand enforced in accordance with the laws of the State of New York, as they are applied to agreements\nentered into and to be performed entirely within New York.\n \n32. Binding Arbitration of All Disputes; No Class Relief.\nThis section sets forth the exclusive way you can resolve any dispute you may have with us. If you ever\nwish to seek any relief from us, you agree to do it only through arbitration, and you waive the ability to\npursue class action.\n(a) U.S. Residents: To the fullest extent permissible by law, with the exception of disputes\npertaining to Viber’s intellectual property rights and certain statutory claims that, pursuant to law, are not\narbitrable, any dispute of any kind between you and Viber arising under these Terms shall be resolved\nthrough binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an\nindividual basis with no class relief. The arbitrator shall be a retired judge or justice of any New York state\nor federal court with substantial experience in the internet industry and shall follow New York substantive\nlaw in adjudicating the dispute, except that this Section 8(a) shall be construed as a “written agreement\n\nto arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this\nSection 8(a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county\nthat encompasses the billing address you have provided to Viber. For any claim in which you seek U.S.\n$10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by\ntelephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the\narbitrator determines are not frivolous, Viber shall pay the costs and fees of JAMS and the arbitrator.\nViber agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the\narbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR\nCLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A\nCLASS ACTION.\n(b) Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual\nclaim) arises out of or relates to the Service or the Terms (a “Section 8(b) Dispute”), then you and we\nagree to send a written notice to the other providing a reasonable description of the Section 8(b)\nDispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most\nrecent contact information that you provide us. But if no such information exists or if such information is\nnot current, then we have no obligation under this Section 8(b).  Your notice to us must be sent to us\nat Viberforeigndispute@viber.com. For a period of sixty (60) days from the date of receipt of notice from\nthe other party, Viber and you will engage in a dialogue in order to attempt to resolve the Section 8(b)\nDispute, though nothing will require either you or Viber to resolve the Section 8(b) Dispute on terms\nwhich either you or Viber, in each of our sole discretion, are uncomfortable with.\nIf your Section 8(b) dispute against Viber involves a paid Viber Service and we are unable to\nresolve it through dialogue (as described above), Viber will Directive 2013/11/EU on Consumer\nAlternative Dispute Resolution. The European Commission Online Dispute Resolution (“ODR”) can be\naccessed at eu.europa.eu/odr.\n \n33. How to Contact Us. This Service is controlled and operated by Viber Media, S.à r.l., a société à\nresponsabilité limitée incorporated under the laws of the Grand Duchy of Luxembourg, with registered\noffice at 2, rue des Fossé, L-1536 Luxembourg, Grand Duchy of Luxembourg, and registered with the\nTrade and Companies Register of Luxembourg. Please forward any comments or complaints about the\nService to https://help.viber.com/en/contact. Please forward any questions regarding privacy\nto https://help.viber.com/en/contact. and other legal matters to https://help.viber.com/en/contact.\n \n34. General. If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or\nfor any reason unenforceable, then that provision shall be deemed severable from this agreement and\nshall not affect the validity and enforceability of any remaining provisions. This is the entire agreement\nbetween you and Viber relating to the matters contained here and the Service.\nIn the event you read these terms in any language other than English, you agree that in the event of any\ndiscrepancies, the English version shall prevail.\nCurrent Terms of Use PDF Viber Terms of Use May 2018\nPrevious Terms of Use PDF Viber Terms of Use update February 2017\nPrevious Terms of Use PDF Viber Terms of Use September 2016\nPrevious Terms of Use PDF Version Viber Terms of Use June 2014\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":0,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit, but only for the US citizens and businesses."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":0,"explanation":"The ToS forbids the user, who is a citizen of the US, to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]}