Terms & Conditions

Last updated: December 1st, 2020

These Terms & Conditions define the relationship between the Olivia AI (“Olivia”) group (“we” or “us”) and visitors, users, or others ("User" and / or "you") who wish to access or use the www.olivia.ai website or the Olivia mobile application (the "App") (together, the "Service") operated by Olivia.

Your access to and use of the Service is conditional upon your acceptance of and compliance with these Terms and fino run GmbH's Terms of Service (as explained in section 4 below). By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

The Olivia AI group includes the following companies:

→ Olivia AI, Inc. which is a company registered in the United States of America and whose address is 7700 Windrose Ave, Suite G300, Plano TX 75024, United States;
→ Olivia AI Europe, LTD. which is a company registered in the Republic of Ireland and whose address is The Tara Building, Tara St, Dublin, D02 F991, Ireland and whose registered number is 656517; and
→ Olivia Desenvolvimento de Software do Brasil Ltda. which is a company registered in Brazil and whose address is Rua Funchal, 375 - Conjunto 72, 04551-065 São Paulo, SP.

1. Right to Use our AppIf you do not agree to the Terms, please do not download our App, and if you have already started the download please click "Cancel", which will terminate the downloading process.

You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you to download a copy of our App onto your device, exempting Olivia from any responsibility should permission not have been obtained. You may be charged by your service providers for Internet access on your device, and these costs will be entirely borne by you. When downloading our App, you accept full responsibility in accordance with these Terms for the use of our App or any service on or in relation to any device, whether or not it is owned by you.

We license use of our App to you on the basis of these Terms and subject to any rules or policies applied by any app store provider or operator from whose site you downloaded our App. We do not sell our App to you or to any other user, so that we remain the owners of our App at all times.

Our App is available to handheld mobile devices running Apple iOS and Android OS.

We and our subcontractors do not accept any responsibility whatsoever for unavailability of our App, or any difficulty or inability to download or access content or any other communication system failure which may result in our App or Service being unavailable. We will not be responsible for any support or maintenance for our App.

In order to use our App, you are required to have a compatible mobile telephone or handheld device, Internet access, and the necessary minimum specifications. The version of our App software may be upgraded from time to time to add support for new functions and services. From time to time, updates to our App may be issued through the relevant app store. Depending on the update, you may not be able to use our App until you have downloaded the latest version of our App and accepted any new terms.

2. AccountsWhen you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service and immediate discontinuation of your license to use our Service.

You are entirely responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer, device and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

When using our Service, you must comply with the provisions of our Community Guidelines. You are responsible for making all arrangements necessary for you to have access to our app. You are also responsible for ensuring that all persons who access our app through your device are aware of these terms, and that they comply with them.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

3. Collection and Use of InformationThrough our services, we may use automatic means (including, for example, cookies and web beacons) to collect and process information about your use of the services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the services or certain features or functionality. All information we collect through or in connection with the services is subject to the Olivia Data Privacy Notice (“Privacy Notice”). The data collected by and shared with Olivia will be handled in accordance with the aforementioned Privacy Notice.

4. Account Information Service Provider (AISP)For EU / UK users, we use a tool provided by Fino run GmbH Limited (www.fino.ai/en/) ("fino") that allows you to send information from your payment accounts to us and other service providers.

We use an account information service provider, currently fino, to enable us to provide the Service by securely accessing your payment account data.

In order to use the Service, you will be asked to agree to fino’s Terms of Service, which will be available for you to review through a link on the consent screen. Those Terms of Service set out the terms on which you agree to fino accessing information on your payment accounts for the purposes of transmitting that information to us. fino is subject to EU data protection laws and is required to treat your data in accordance with those laws, as well as the Terms of Service and fino's Privacy Policy which will be available for you to review through a link on the consent screen.

5. Intellectual PropertyThe Service and its original content, features and functionality are and will remain the exclusive property of Olivia and its licensors. The Service is protected by, amongst other things, copyright and trademark laws and treaties in the United States and other countries. All such rights are reserved. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Olivia. We license your use of the Service on the basis of these Terms. Olivia will not disclose any personal financial information provided.

6. Your ContentThe Service may contain information, text, links, graphics, photos, videos, or other materials published by the users of the App (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.

By submitting Your Content to the Service, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.

You retain any ownership rights you have in Your Content, but you grant Olivia the following license to use that Content:

When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Olivia. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

Any ideas, suggestions, and feedback about Olivia or our Service that you provide to us are entirely voluntary, and you agree that Olivia may use such ideas, suggestions, and feedback without compensation or obligation to you.

While we’re not required to do so, we may, at our sole discretion, screen, delete, or remove Your Content at any time and for any reason, including for a violation of these Terms, a violation of our Community Guidelines, or if you otherwise create liability for us.

7. Content of OthersA significant portion of the content on our Service is produced by other users. That content is the sole responsibility of the person or organization that submitted it. Although Olivia reserves the right to review or remove any or all content that appears on the Services, we do not necessarily review all of it. So we cannot, and do not, take responsibility for any content that others provide through the Services.

We do not want the Service put to bad or malicious uses. But because we do not review all content, we cannot guarantee that content on the Service, or that our users’ use of our Service, will always conform to the guidelines set forth in our Terms & Conditions.

8. Respecting Others' RightsYou may not use the Service, or enable anyone else to use the Service, in a manner that:
→ violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;
→ bullies, harasses, or intimidates;
→ defames; and/or
→ spams or solicits our users.

9. Links To Other WebsitesOur Service may contain links to third party web sites or services that are not owned or controlled by Olivia.

Olivia has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings, messages, content or information transmitted from any of these entities/individuals or their websites.

You acknowledge and agree that Olivia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the Terms & Conditions and Privacy Policies of any third party web sites or services that you visit.

10. Copyright InfringementOlivia honors copyright laws, including the Digital Millennium Copyright Act (DMCA). We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If we become aware that one of our users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please report by emailing us at hello@olivia.ai.

11. TerminationWe may terminate or suspend your account and bar access to the Service immediately, without prior notice if:
(A)  you breach, or Olivia reasonably suspects that you have breached, Section 5 (Intellectual Property), Section 6 (Your Content), Section 8 (Respecting Others' Rights) and / or Section 15 (Eligibility) of the Terms;
(B) you have violated, or Olivia reasonably suspects that you have violated, any of our policies, including our Community Guidelines and Content Policies;
(C) your conduct on the Service is considered by Olivia, or another user, to be defamatory; or
(D) your account needs to be removed due to unlawful conduct.

We may terminate your account and these Terms at any point by providing you with 30 days' prior written notice. Such notice will be provided either via a notification on our Service app or website, or by the latest email address you provided to us. If you wish to terminate your account, you may do so through the Olivia app or by emailing us at hello@olivia.ai.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, Section 5 (Intellectual Property), Section 6 (Your Content), Section 11 (Termination), Section 12 (Indemnification), Section 13 (Limitation of Liability), Section 14 (Disclaimer), Section 16 (Exclusions) and Section 17 (Governing Law).

12. IndemnificationYou agree to defend, indemnify and hold harmless Olivia in full and on demand from and against any and all claims, damages, demands, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), interest, judgments, settlements and penalties incurred by Olivia howsoever arising from or relating to any claim in respect of A) your use of and access to the Service, by you or any person using your account and password, or B) a breach of these Terms.

13. Limitation Of LiabilityThe material and information displayed on our Service is provided without any guarantees, conditions or warranties as to its accuracy.  Nothing in these Terms excludes or limits: (i) Olivia's liability for death or personal injury caused by Olivia's negligence or for fraudulent misrepresentation; or (ii) either party's liability for any liability which cannot legally be excluded or limited.

Subject to the foregoing, in no event shall Olivia, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, whether or not we have been informed of the possibility of such damage, for any of the following relating to or arising from the Service or these Terms:
(A) any indirect, incidental, special, consequential or punitive loss or damage, howsoever arising; or
(B) any loss of profits, revenue, data, use, goodwill, whether direct or indirect. 

Subject to the foregoing, Olivia's total aggregate liability in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise relating to or arising from the Service or these Terms shall not exceed 100 USD.

14. DisclaimerWe aim to update our Service regularly, and may change the content at any time. We may from time to time, without incurring any liability to you, temporarily suspend or withdraw any or all of the Service functionality for such periods as we shall determine, including without limitation, for technical, security, maintenance, administrative or other reasons (whether within our control or not).

Any of the material on our Service may be out of date at any given time, and we are under no obligation to update such material.

Subject to applicable law, the Service is available to all users "as is" without any representations or warranties of any kind. Save as expressly set out in these Terms, all conditions, warranties or other terms, either express or implied (whether implied by statute, common law, course of dealing or otherwise), are expressly excluded to the fullest extent permitted by law. We make no representations, warranties or undertakings that the Service, or the server that makes it available, will be free from defects.

15. EligibilityThe Service is designed for users who satisfy the following criteria:

(A) Are over 18 years of age.
(B) Live in the Republic of Ireland, the Federative Republic of Brazil, or the United States of America.
(C) Intend to use the Service for their own personal non-commercial use.
(D) Whose use or access of the Service does not violate any applicable law.

16. ExclusionsSome jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

17. Governing LawIf you are an Ireland-based user of the Service:
These Terms, and any issues, disputes or claims arising out of, or in connection, with these Terms (whether contractual or non-contractual in natures such as claims in tort, from breach of statute or regulation or otherwise) shall be governed by and construed in accordance with the laws of Ireland, and the parties hereby submit to the exclusive jurisdiction of the Irish courts to settle any disputes or claims which may arise in connection with these terms and conditions of use. The foregoing does not affect your right to refer any dispute to the European Online Dispute Resolution (ODR) Platform for resolution via

If you are a Brazil-based user of the Service:
These Terms shall be governed and construed in accordance with the laws of the Federative Republic of Brazil, without regard to its conflict of law provisions.

If you are a non-Ireland- and non-Brazil-based user of the Service:
These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. You acknowledge that these Terms have not been entered into wholly or partly in reliance on, nor have you been given, any warranty, statement, promise or representation by Olivia or on its behalf other than as expressly set out in these Terms.

18. ChangesWe reserve the right, at our sole discretion, to modify or replace these Terms at any time. Unless otherwise required by law, we will provide you notice of the changes through our Service and/or an appropriate communication channel used by Olivia (e.g. email) at least 30 days before any changes become effective so that you have the opportunity to review the changes. If you object to any of the changes, you may terminate your account by giving us written notice within that 30 day period.

By continuing to access or use our Service after any changes become effective, you agree to be bound by the revised Terms.

19. Contact UsYou can contact us (whether with questions or to make a complaint relating to any aspect of the provision of the Service) by using our Talk to a Human feature in the application or by emailing us at hello@olivia.ai.