Terms of Service

Last updated: June 25, 2026

These Terms of Service (the “Terms”) govern your access to and use of the website located at www.byvivia.com and the checkout located at checkout.byvivia.com (together, the “Site”), and your purchase and use of products offered through the Site, including Vivia Intimate Bloom (the “Product”). The Site and the Product are operated by [VIVIA LEGAL ENTITY NAME], a company registered in the United Kingdom under company number [UK COMPANY NUMBER], with its registered office at [REGISTERED ADDRESS] (“Vivia,” “we,” “us,” or “our”). “Vivia” is our trading name.

Please read these Terms carefully. They contain important information about your legal rights, remedies, and obligations, including limitations and exclusions of liability and provisions governing how disputes are resolved.

1. Acceptance of Terms

By accessing or using the Site, creating an account, or placing an order for the Product, you agree to be bound by these Terms and by all policies referenced in them, including our Privacy Policy, Shipping Policy, and Refund Policy, each of which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access or use the Site or purchase the Product.

If you are entering into these Terms on behalf of another person or entity, you represent that you have the authority to bind that person or entity to these Terms.

2. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) to use the Site, create an account, or purchase the Product. By using the Site or placing an order, you represent and warrant that you are at least 18 years old and that the information you provide is accurate and complete. The Site is not intended for, and we do not knowingly collect information from, anyone under 18.

3. The Product and Its Cosmetic Nature

Vivia Intimate Bloom is a topical cosmetic and personal-care cream containing estriol and hyaluronic acid, intended to support comfort and address vaginal dryness associated with menopause. It is sold over the counter and does not require a prescription.

The Product is a cosmetic / personal-care product. It is not a medicine, drug, or medical device, and it is not intended to diagnose, treat, cure, or prevent any disease or medical condition. Any statements made on the Site about the Product have not been evaluated as therapeutic claims and should not be interpreted as such. Individual results may vary.

4. Medical Disclaimer — Not Medical Advice

The content provided on the Site, including text, articles, testimonials, and other materials, is for general informational and educational purposes only. It is not medical advice and is not a substitute for the advice, diagnosis, or treatment provided by a qualified physician, pharmacist, or other licensed healthcare professional.

Always seek the advice of your doctor or another qualified healthcare provider before using the Product, before starting, stopping, or changing any treatment, and with any questions you may have regarding a medical condition or your suitability for the Product — particularly if you are pregnant, breastfeeding, have a history of hormone-sensitive conditions, or are taking any medication. Never disregard professional medical advice or delay seeking it because of something you have read on the Site. If you think you may have a medical emergency, contact your doctor or emergency services immediately.

Your reliance on any information provided on the Site is solely at your own risk.

5. Accounts and Accurate Information

To purchase the Product or manage a subscription, you may need to create an account. You agree to provide accurate, current, and complete information and to keep that information up to date, including your shipping address, email address, and payment details. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly at info@byvivia.com of any unauthorized use of your account. We are not liable for any loss arising from your failure to safeguard your credentials.

6. Orders, Pricing, and Payment

All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at any time, including where we suspect fraud, an error in pricing or product description, or a violation of these Terms.

Prices are displayed at checkout and are stated in the applicable currency shown. A representative price for the Product is $150 for a 3-month plan; pricing for other plans is shown at checkout. Prices, plans, and promotions may change at any time, but changes will not affect orders we have already accepted. You are responsible for any applicable taxes, customs duties, or import charges, which may apply depending on your delivery location.

Payments are processed by our third-party payment processor, Stripe. By submitting payment information, you represent that you are authorized to use the payment method provided and you authorize us (and Stripe on our behalf) to charge that payment method for the full amount of your order, including recurring charges as described in Section 7. We do not store full payment card details ourselves; payment processing is subject to Stripe’s own terms and privacy policy.

7. Subscriptions, Recurring Billing, and Cancellation

The Product is sold on a recurring subscription basis. At checkout you may select a 1-month, 3-month, or 6-month plan. By purchasing a subscription, you authorize us to charge your payment method automatically on a recurring basis at the price and billing interval shown for your chosen plan, until you cancel.

• Automatic renewal. Your subscription renews automatically at the end of each billing cycle, and your payment method is charged the then-current price for the next cycle, unless and until you cancel.
• Authorization. You expressly acknowledge and agree that the charges are recurring and that no further authorization is required for each successive charge.
• How to cancel. You may cancel at any time before your next renewal by contacting us at info@byvivia.com, or through your account where that option is available. To avoid being charged for the next cycle, please cancel before that cycle’s renewal date.
• Effect of cancellation. Cancellation stops future charges and renewals. Cancellation is not retroactive and does not, by itself, refund charges already made or cancel a cycle already in progress; any refund of amounts already paid is governed by our Refund Policy and the guarantee described in Section 9.
• Price changes. We may change subscription pricing or plan terms from time to time. We will give you reasonable advance notice of any price change affecting your subscription, and the change will take effect on a future billing cycle. Your continued subscription after the change takes effect constitutes acceptance of the new price.

8. Shipping

Shipping timeframes, methods, costs, and delivery terms are described in our Shipping Policy, which is incorporated into these Terms by reference. Title to and risk of loss for the Product pass to you upon delivery of the Product to the carrier. We are not responsible for carrier delays once an order has been dispatched.

9. Returns, Refunds, and Money-Back Guarantee

We offer a 90-day money-back guarantee: if you are not satisfied with the Product, you may request a refund within 90 days, subject to the conditions set out in our Refund Policy. Returns and refunds, including any eligibility requirements and the process for requesting a refund, are governed by our Refund Policy, which is incorporated into these Terms by reference. Please review the Refund Policy for full details.

10. Intellectual Property

All content on the Site, including text, graphics, logos, images, photographs, video, audio, product names, the “Vivia” and “Vivia Intimate Bloom” names and marks, page layouts, and the selection and arrangement of such content (collectively, the “Materials”), is owned by or licensed to us and is protected by copyright, trademark, and other intellectual-property laws.

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Site and the Materials for your own personal, non-commercial purposes. You may not copy, reproduce, modify, distribute, publish, display, sell, license, or create derivative works from any of the Materials without our prior written consent. All rights not expressly granted are reserved.

11. Acceptable Use and Prohibited Conduct

You agree not to use the Site in any way that is unlawful or that could damage, disable, or impair the Site or interfere with any other party’s use of it. Without limitation, you agree not to:

• Use the Site in violation of any applicable law or regulation;
• Access, scrape, harvest, or collect data from the Site using any automated means (such as bots, spiders, or crawlers) without our prior written consent;
• Attempt to gain unauthorized access to the Site, accounts, systems, or networks, or circumvent any security measure;
• Introduce viruses, malware, or any other harmful or disruptive code;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Reverse engineer, decompile, or interfere with the operation of the Site;
• Use the Site to transmit unsolicited advertising, spam, or fraudulent content; or
• Use the Site or the Product for resale or other commercial purposes except under a separate written agreement with us.

12. User Content and Reviews

You may have the opportunity to submit content to the Site, such as reviews, comments, photographs, testimonials, or other materials (“User Content”). You are solely responsible for your User Content and represent that it is accurate, that you own or have the necessary rights to it, and that it does not infringe the rights of any third party or violate any law.

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, display, and distribute that User Content in connection with our business, including for marketing purposes, in any media. We may, but are not obligated to, monitor, edit, or remove User Content at our discretion. Please do not submit confidential information, and please do not submit personal medical questions or expect medical responses through the Site — we do not provide medical advice (see Section 4).

13. Third-Party Links and Services

The Site may contain links to, or integrate, third-party websites, content, or services (including our payment processor). We provide these for your convenience and do not control, endorse, or assume responsibility for any third-party websites, content, products, or services, or for their terms or privacy practices. Your use of any third party’s website or service is at your own risk and subject to that third party’s terms.

14. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Site and the Materials are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that any information on the Site is accurate, complete, or current.

Nothing in these Terms excludes or limits any warranty, right, or remedy that cannot be excluded or limited under applicable law, including any non-excludable statutory or consumer-protection rights you may have.

15. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Vivia, its affiliates, or their respective officers, directors, employees, agents, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of (or inability to use) the Site or the Product, whether based in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, our total aggregate liability arising out of or relating to these Terms, the Site, or the Product will not exceed the amount you paid to us for the Product in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

16. Indemnification

You agree to indemnify, defend, and hold harmless Vivia, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your breach of these Terms, your misuse of the Site or the Product, your User Content, or your violation of any law or the rights of any third party.

17. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them, the Site, or the Product (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of [GOVERNING LAW JURISDICTION], without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The courts of [GOVERNING LAW JURISDICTION] shall have jurisdiction over any dispute arising out of or in connection with these Terms, except that this does not deprive you of the protection of any mandatory consumer-protection laws of the country in which you reside. Before initiating any formal proceedings, you agree to first contact us at info@byvivia.com so that we can attempt to resolve the matter informally.

18. Jurisdiction and International Use

The Site is operated from the United Kingdom, and the Product is offered primarily to customers in the United States. We make no representation that the Site or the Product is appropriate or available for use in other locations. If you access the Site or purchase the Product from outside these locations, you do so on your own initiative and are responsible for compliance with applicable local laws.

19. Changes to These Terms

We may update or modify these Terms from time to time. When we do, we will revise the “Last updated” date above. Material changes will be effective when posted on the Site (or as otherwise required by law). Your continued use of the Site or continuation of a subscription after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and may cancel your subscription as described in Section 7.

20. Severability and Waiver

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later.

21. Contact

If you have any questions about these Terms, your order, or your subscription, please contact us at:

• Email: info@byvivia.com
• Website: www.byvivia.com
• Company: [VIVIA LEGAL ENTITY NAME], company number [UK COMPANY NUMBER], registered office [REGISTERED ADDRESS]