Terms of Use

Vivati is a private legacy platform operated by Kemja Limited, a company incorporated in England and Wales. Vivati allows individuals to record their voice, stories, and personal history in a secure digital Vault, and allows designated family members to access an AI-generated Companion presence built from those recordings after the Vault owner passes away.

These Terms of Use govern your access to and use of the Vivati platform. By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

Our registered address and company number are available on request at hello@kemja.co.uk.

You must be at least 18 years of age to create an account. Vivati supports two types of account:

• ·Vault Owner: An individual who creates a Vault to record their own voice, stories, and personal history. By creating a Vault, you confirm that all content you upload is your own or that you have obtained all necessary consents from any third parties whose voice, image, or personal data appears in your recordings.
• ·Authorised Representative: A family member or trusted individual who creates a Vault on behalf of an elderly or incapacitated relative. Where a Vault is created on behalf of another person, the Authorised Representative confirms that they have that person's informed consent to record, upload, and store the content.
• ·Family Member (Companion Access): A person who accesses a Vault after the Vault Owner's passing, using an access code provided by the Vault Owner or Authorised Representative.

You are responsible for maintaining the confidentiality of your account credentials. You must not share your password or account access with any other person. You are solely responsible for all activity that occurs under your account.

Notify us immediately at hello@kemja.co.uk if you become aware of any unauthorised access to your account.

Vivati allows you to upload audio recordings for playback. Voice cloning, which generates a synthetic voice model from your recordings, is currently disabled while we implement the required consent mechanisms under UK GDPR. When voice cloning is re-enabled, it will require separate explicit consent at the point of activation.

By uploading audio recordings, you confirm that the voice in the recordings is your own, or that you are an Authorised Representative acting with the full informed consent of the person whose voice is recorded.

The "Who You Are" section of your Vault asks questions that may touch on your faith, spiritual beliefs, values, health, and personal convictions. This information is special category data under UK GDPR. It is used solely to improve the authenticity of your Companion. It is stored securely, never shared publicly, and you may skip any question.

By answering questions in this section, you give your explicit consent to the processing of this special category data for the purpose described above. You may delete your answers at any time from your Vault.

You must not:

• ·Upload recordings or content that belongs to or features any other person without their explicit consent.
• ·Attempt to access any Vault or account that does not belong to you and for which you have not been granted an access code.
• ·Use the Companion to impersonate any living person with intent to deceive, harass, harm, or defraud.
• ·Use the Service in any way that violates any applicable law or regulation.
• ·Upload content that is unlawful, defamatory, obscene, threatening, or otherwise harmful.
• ·Attempt to reverse-engineer, scrape, or extract data from the Service or its underlying systems.
• ·Misrepresent your identity, your relationship to a Vault Owner, or the nature of your consent.
• ·Provide the contact details of any person who has asked not to be contacted, or whose details you do not have a legitimate basis to share.

Where you provide the name and email address of a family member or other third party for the purpose of sending a Vault notification, you confirm that you have a legitimate basis for sharing that information with us and that doing so is consistent with the expectations of the person concerned. Kemja Limited will use those details solely to send a single notification email on your behalf and will not contact that person for any other purpose without their consent.

You retain full ownership of all content you upload or create on Vivati. By uploading content, you grant Kemja Limited a limited licence to store, process, and deliver it solely for the purpose of operating the Vault and Companion features. This licence does not permit Kemja Limited to sell, publicly display, or otherwise commercialise your content. The licence ends when you delete your account.

The Companion is powered by AI and generates responses from the content recorded in the relevant Vault. You acknowledge that:

• ·The Companion is not a real person and does not represent the actual views or personality of the Vault Owner.
• ·AI-generated responses may be inaccurate, incomplete, or inconsistent. Kemja Limited makes no warranty as to their accuracy.
• ·The Companion is not a substitute for grief counselling, therapy, or professional care. If you are experiencing severe distress, please contact a qualified professional or call Samaritans on 116 123.
• ·Kemja Limited is not liable for emotional distress or other consequences arising from use of the Companion.

• ·Subscriptions renew automatically unless you cancel before the renewal date.
• ·Where a free trial is offered, you will be charged at the applicable rate at the end of the trial unless you cancel beforehand.
• ·Refunds are not provided except where required by law, including your rights under the Consumer Rights Act 2015.
• ·We will give you at least 30 days' notice of any price increase before it affects your subscription.

We commit to maintaining your content for as long as your account is active and your subscription is paid. Where a subscription lapses, we will retain your content for a grace period of no less than 90 days and notify you by email at least 30 days before any scheduled deletion.

Kemja Limited's total aggregate liability to you shall not exceed the greater of the total amount you have paid to Kemja Limited in the 12 months preceding the claim, or £100. Nothing in these Terms limits our liability for death or personal injury caused by negligence, or any other liability that cannot be excluded by law. Nothing in these Terms affects your statutory rights.

These Terms are governed by the laws of England and Wales. Any dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales, except where applicable consumer protection law provides otherwise.

If we make a material change, we will notify you by email at least 14 days before the change takes effect. Continued use of the Service after that date constitutes acceptance of the updated Terms.

Kemja Limited, England and Wales. General enquiries: hello@kemja.co.uk