Derby Wife Studio
VIVARIA

VIVARIA Terms of Use

Last updated:
[DATE]
Contact:
[PRIVACY_EMAIL]
Company / legal owner:
[LEGAL_NAME]
Address:
[LEGAL_ADDRESS]
Draft notice. This document is an initial product draft for VIVARIA — Season 1: Afterclass, provided for transparency. It is not legal advice and must be reviewed by a qualified lawyer before production use. Bracketed placeholders must be completed before publishing.

These Terms of Use govern your use of VIVARIA — Season 1: Afterclass. By registering or using any part of the service, you agree to these terms, the Privacy Notice and the Community Guidelines. If you disagree with any of these documents, do not use the platform.

What is VIVARIA?

VIVARIA is an interactive entertainment web platform that lets registered users interact with fictional characters generated by artificial intelligence (“NPCs”), take part in seasonal narratives, unlock premium scenes, generate shareable video clips and exert narrative influence over the characters' development. Season 1: Afterclass is VIVARIA's first narrative arc.

VIVARIA is operated by [LEGAL_NAME] (the “Company”), with domicile at [LEGAL_ADDRESS].

Eligibility and minimum age

VIVARIA is intended exclusively for people over 18 years old. When registering, you declare under oath that you are at least 18 years old. If the Company has indications that a user is a minor, it will suspend the account without prior notice and apply the measures that proceed under applicable law.

User accounts

  • Each person may create only one personal account; accounts are strictly personal and non-transferable.
  • You are responsible for keeping your credentials confidential and for all activity under your account.
  • You must provide truthful, complete and up-to-date information; providing false information may result in suspension.
  • Assigning, selling, sublicensing or sharing account access with third parties is prohibited.

Acceptable use

You agree to use VIVARIA solely for entertainment and in accordance with the Community Guidelines. The following are prohibited, among others:

  • Using the platform for activities that are illegal under applicable Mexican or international law.
  • Attempting to access other users' accounts or restricted system areas.
  • Reverse engineering, decompiling or disassembling any part of the platform.
  • Using bots, scripts, automation or unauthorized tools to interact with NPCs or accumulate tokens.
  • Reselling, sublicensing or commercializing access to the platform or its content.
  • Using the platform in a way that affects its availability or performance for other users.

NPCs — fictional characters

VIVARIA's NPCs are fictional characters created by the Company. They do not represent real people; any resemblance to real people is coincidental and unintentional. NPC responses are automatically generated by AI models and do not represent the opinions, positions or advice of the Company or its collaborators.

AI-generated content

VIVARIA uses third-party AI models (Anthropic, PBC and OpenAI, LLC) to generate NPC responses and voice synthesis. This content:

  • Is automatically generated and may contain errors, inconsistencies or unexpected responses.
  • Does not constitute and must not be interpreted as medical, legal, financial, psychological or any other professional advice.
  • May vary between sessions even with an identical prompt.
  • Is subject to filters and moderation, but the Company does not guarantee it is free of inappropriate content at all times.
  • May be used in anonymized form to improve the platform's narrative quality.

Tokens

Tokens are digital entertainment credits for exclusive use within VIVARIA. They are not legal tender, not virtual assets under the LARITF, not securities, not payment instruments, not cryptocurrencies, and cannot be withdrawn, resold or converted into money under any circumstances. See the Token, Purchases and Refunds Policy for details.

Purchases and payments

  • All prices are published in Mexican pesos (MXN) and include applicable taxes.
  • Payments are processed by Mercado Pago; completing a purchase also means accepting Mercado Pago's applicable terms.
  • The Company does not store card data or payment instruments.
  • The price in effect when you confirm the purchase is the one that applies to that transaction.

Shareable video clips

Users may generate video clips based on their interactions with NPCs. When publishing a clip as public:

  • The user grants VIVARIA a non-exclusive, royalty-free license to host, display and, where applicable, use the clip for promotional purposes.
  • The user confirms the clip is visible to anyone with the link.
  • The user accepts the clip contains no personal information they do not wish to make public.
  • VIVARIA may remove the clip if it violates the Community Guidelines or these Terms.
  • NPC content within the clip is the Company's intellectual property.
  • Users may delete their clips at any time from their profile, removing public access (though cached or third-party copies may persist).

Narrative influence

  • Narrative influence lets users support an NPC's development within VIVARIA's narrative.
  • It is a fictional entertainment mechanic and grants no real rights over the character or the platform.
  • It does not imply investment, equity, expectation of return or any economic gain.
  • It may influence the narrative per the game mechanics, but the Company guarantees no specific narrative outcome or character continuity.
  • Tokens spent on narrative influence are non-refundable.

Moderation and account suspension

At its discretion and in accordance with the Community Guidelines, the Company may remove content that violates these rules or Terms, temporarily suspend an account while investigating a possible violation, and permanently cancel an account for serious or repeated violations. Unused tokens at the time of suspension may be withheld during the investigation period.

An affected user may appeal by writing to [SUPPORT_EMAIL] within 15 calendar days of the suspension notice, detailing their case.

Intellectual property

All rights over VIVARIA — including design, source code, characters, narratives, trademarks, logos, art and platform-generated content — belong to [LEGAL_NAME] or are used under license. Their reproduction, distribution, modification or commercial use is prohibited without the Company's prior written authorization. Users retain ownership of original content they contribute (if applicable), subject to the license granted in the clips section.

Limitation of liability

To the extent permitted by applicable Mexican law:

  • VIVARIA is provided as-is, without warranties of uninterrupted availability or absence of errors.
  • The Company is not liable for indirect, incidental or consequential damages arising from use of the platform.
  • The Company's maximum liability for any claim will not exceed the total amount paid by the user in the 30 calendar days before the event giving rise to the claim.
  • The Company is not responsible for the content of clips shared publicly by users.

No professional advice

VIVARIA's content, including conversations with NPCs and narratives, is fictional entertainment. Nothing on the platform constitutes or should be interpreted as medical, legal, financial, psychological, emotional or any other professional advice. For any real situation requiring specialized attention, consult a qualified professional.

Changes to the service

The Company may modify, suspend or discontinue the service (or parts of it) at any time, including token prices, narrative mechanics and available features. When changes are substantial, at least [X] days' notice will be given via email and an in-platform notice.

Governing law and jurisdiction

These Terms are governed by and interpreted under the laws of the United Mexican States. For any dispute, the parties expressly submit to the competent courts of [JURISDICTION], waiving any other jurisdiction that may correspond to them by reason of their present or future domicile.