Please read these Terms carefully before using the Viva platform. By accessing or using the platform, you agree to be bound by them. These Terms apply to all users: instructors, institution administrators, and students, at institutions globally.

1. About Viva

Viva is an AI-powered oral-assessment platform. Students submit their work, then have a short spoken conversation with an AI about it. The AI produces a suggested grade and feedback. An instructor reviews everything and sets the official grade of record. The AI never makes the final grading decision; your instructor does.

2. Eligibility and Accounts

Age. Students under 14 may use Viva only through a school that has an agreement with Viva. The school is responsible for any consent its law requires for younger students (for example, COPPA for students under 13 in the US, or PIPA for students under 14 in Korea). Anyone creating an account on their own, outside a school, must be at least 14.

Institutional access. The platform is licensed to institutions. Instructor/administrator access is governed by the Master Service Agreement between your institution and Viva. Student access is provided through your institution's licence.

Accurate information. You agree to provide accurate, current, and complete information when creating an account, and to keep it up to date.

Account security. You are responsible for keeping your login credentials confidential. Do not share your account with anyone. Notify us immediately at legal@vivaproof.com if you suspect unauthorised access.

Institutional responsibility. Your institution is responsible for ensuring its users comply with these Terms.

3. The Assessment Process

How it works. When assigned a Viva assessment, you submit your work and participate in an AI-led oral interview about it. The interview is recorded, transcribed, and used to generate a suggested score and feedback for your instructor.

Instructor review. AI-generated grades are always advisory and never final by themselves. An instructor either reviews each result before release or, per assignment, chooses in advance to release results automatically once grading is complete. No grade is ever set by automated means alone.

Microphone, camera, and browser. The oral interview requires a working microphone and a supported browser. Where your school uses Camera Check, your camera is used for that feature during the interview. If your camera is off or unavailable, the interview still goes ahead. Viva is not responsible for assessment disruptions caused by your hardware, network, or browser.

Academic integrity. By participating in a Viva assessment, you confirm that the work you submit is your own (or an appropriately attributed collaboration permitted by your institution), and that you are the person participating in the oral interview. Impersonation, unauthorised assistance during the interview, or any other academic dishonesty violates these Terms and your institution's academic integrity policy.

Accessibility. Viva provides accommodation pathways for students with disabilities or additional needs, including extra time, captioning, and first-language options. Contact your instructor or institution's support team to arrange accommodations.

4. Acceptable Use

You agree not to: use the platform unlawfully; impersonate another person during an interview or submit another person's work as your own; manipulate, bias, or deceive the AI assessment system — including, where Camera Check is enabled, by feeding the camera a photograph, recording, or artificial video input, or by arranging for another person to assist off-camera; use automated tools, bots, or scripts to access or extract data; reverse engineer or decompile the platform; upload malware or harmful content; harass or harm other users; access another user's account or data without authorization; use the platform to train or test a competing AI product; or share your account credentials.

Viva reserves the right to suspend or terminate access for violations, without prior notice where immediate action is necessary. See also our Acceptable Use Policy for detailed conduct rules.

5. Privacy and Data

Privacy Policy. Our Privacy Policy explains how we collect, use, and protect personal data — including a dedicated plain-language section for students and families — and governs our data practices.

Institutional controller. For students and instructors, your institution is the data controller and Viva is the data processor. Your institution's own privacy policy also applies.

Student data. Viva processes student data only as directed by your institution and in accordance with our Data Processing Agreement. We do not sell student data or use it for advertising. If you're in Grade 9 or above, data with your name and other identifiers removed may be used to improve Viva where your school's agreement allows it. You can opt out at any time in Settings or by writing to privacy@vivaproof.com, with no effect on your grades; see the Privacy Policy, §5.

Voice recording. Oral interviews are recorded so your instructor can review them. The recording is deleted 90 days after your grade is released, or 180 days after the interview if a grade is never released. The countdown pauses while an integrity flag, a grade review or a retry your instructor allowed is open on that interview, or while your school has placed a documented, time-limited hold on your class. You can ask your school to delete it sooner. Your instructor can listen within Viva for assessment purposes only, and you can request access to your recording through your school.

Voice ID (voiceprint): optional. Voice ID is an identity-verification feature offered in eligible classes unless your school turns it off. It is never offered in Grade 6–8 classes, or to anyone under 14 in Korea. If it is offered to you, you'll be asked for your own separate, explicit consent on its own screen before your first interview, never bundled with account creation, these Terms or any other agreement. Saying no doesn't change your interview or your grade, and you can turn it off at any time in Settings. In Illinois, it is offered only to university students 18 or older, who first sign the written biometric release Illinois law requires; for students under 18, it is not offered unless the school has signed a BIPA Rider with Viva and a parent has signed a written release.

Camera Check (video integrity). Camera Check is a separate feature your school may turn on. Where it's used, your camera checks simple presence and attention signals during the interview: whether a face is present and whether your gaze is on the screen. Analysis happens locally in your browser; live video is never transmitted to or stored by Viva. Viva keeps only derived signals and a small number of still images from flagged moments, visible only to your instructor and deleted on the same schedule as your interview record. It does not identify you from your face, does not create a faceprint, and is never used to infer your emotions or mood, to grade you, or to train AI. Your school decides whether to use it and tells you before your first interview; in the US, you'll also be asked for your own consent on its own screen. In Illinois, it is used only for students 18 or older who first sign Illinois's written biometric release. If your camera is off or unavailable, your interview still goes ahead.

6. Intellectual Property

The platform, including all software, AI models, scoring methodologies, user interfaces, and documentation, is owned by Viva. You may not copy, modify, distribute, sell, or sublicense any part of it. You retain ownership of the work you submit; submitting it grants Viva a limited licence to process it for providing the assessment service. Feedback you provide about the platform may be used by Viva without restriction or compensation.

7. Disclaimers and Limitation of Liability

The platform is provided “as is.” AI grades are advisory; the instructor is the final decision-maker on all grades. Voice ID and Camera Check signals are advisory academic-integrity indicators only; an instructor reviews every flag, and no grade or integrity finding is determined by these signals alone.

Limitation. To the fullest extent permitted by applicable law, Viva's total liability to any user for any claim arising out of these Terms shall not exceed the total fees paid by the user's institution for that user's access in the preceding 12 months.

Excluded losses. Viva is not liable for loss of data (beyond our data processing obligations), loss of marks or academic standing resulting from a user's own conduct, or indirect, consequential, or punitive damages.

Nothing in these Terms excludes liability for death or personal injury caused by negligence or fraud, or any liability that cannot be excluded by applicable law — nor does it waive any private right of action applicable law confers on you directly and that cannot be waived by contract, including under applicable biometric privacy law.

8. Changes to These Terms

We will notify your institution of material changes by email and in-platform notice at least 30 days before they take effect.

9. Governing Law and Disputes

For institutional customers, these Terms are governed by the law specified in that institution's Master Service Agreement with Viva. For individual users with disputes not covered by an institutional contract, disputes will be resolved by binding arbitration under the rules of a mutually agreed arbitration body in the applicable jurisdiction, or in a court of competent jurisdiction if arbitration is not enforceable where you live.

10. Contact

legal@vivaproof.com
Viva Proof, Inc., Boston, MA, USA
vivaproof.com

© 2026 Viva Proof, Inc. All rights reserved.
Also see our Privacy Policy · Acceptable Use Policy · Trust Center.