Terms of Service

1. Acceptance of Terms

By accessing and using VisiAI Toolkit (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must not use the Platform. VisiAI reserves the right to modify these Terms at any time. Your continued use of the Platform after such modifications constitutes your acceptance of the updated Terms.

2. Definitions

"VisiAI" refers to VisiAI Toolkit, Inc. and its affiliates.
"Platform" refers to VisiAI Toolkit's website, web applications, mobile applications, APIs, and related services.
"User" refers to any individual or entity that accesses or uses the Platform.
"Content" refers to all data, dashboards, visualizations, and other materials uploaded or created by Users.
"Services" refers to all features, functions, and tools provided by the Platform.

3. Account Registration & Responsibility

3.1 Account Creation

To use the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and maintain the confidentiality of your account credentials.

3.2 User Responsibility

You are solely responsible for:

Maintaining the confidentiality of your account credentials and password
All activities that occur under your account
Notifying VisiAI immediately of any unauthorized access or breach

3.3 Account Termination

VisiAI reserves the right to suspend or terminate your account at any time, with or without cause, and without liability. Upon termination, your access to the Platform will cease immediately.

4. Acceptable Use Policy

You agree not to use the Platform to:

Upload, transmit, or store content that is illegal, offensive, defamatory, or violates intellectual property rights
Engage in harassment, discrimination, or hate speech
Attempt to gain unauthorized access to the Platform or other users' accounts
Conduct phishing, fraud, or scams
Introduce viruses, malware, or code that disrupts the Platform's functionality
Attempt to reverse-engineer, decompile, or extract the Platform's source code
Violate any applicable laws or regulations
Use automated tools to scrape or excessively access the Platform without permission

Violation of this policy may result in immediate suspension or termination of your account.

5. Intellectual Property Rights

5.1 VisiAI's Intellectual Property

All content, features, and functionality of the Platform, including text, graphics, logos, code, and design, are the property of VisiAI or its licensors and are protected by copyright, trademark, and other intellectual property laws.

5.2 Your Content

You retain all ownership rights to content you upload to the Platform ("Your Content"). By uploading Your Content, you grant VisiAI a worldwide, non-exclusive, royalty-free license to use, process, and display Your Content for the purpose of providing the Services. This license does not grant VisiAI the right to sell, distribute, or repurpose Your Content outside of the Platform.

5.3 Restricted Use

You may not reproduce, distribute, modify, or create derivative works of any Platform content without explicit written permission from VisiAI.

6. Subscription & Payment Terms

6.1 Billing

Paid subscriptions are billed according to your selected plan (monthly or annual). Billing occurs at the beginning of each billing cycle. You authorize VisiAI to charge your payment method on file.

6.2 Renewal & Cancellation

Subscriptions automatically renew unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing cycle.

6.3 Refund Policy

Unless otherwise stated, all purchases are non-refundable. If you dispute a charge, you must contact us within 30 days of the transaction date. VisiAI reserves the right to investigate and resolve billing disputes at its discretion.

6.4 Price Changes

VisiAI may modify subscription prices with 30 days' notice. Changes will apply to future billing cycles. Continued use after the notice period constitutes acceptance of new pricing.

7. Service Availability & Limitations

7.1 "As-Is" Service

The Platform is provided on an "as-is" basis without warranties of any kind. VisiAI does not guarantee that the Platform will be uninterrupted, error-free, or meet your specific requirements.

7.2 Maintenance & Downtime

VisiAI may perform scheduled maintenance and updates that may temporarily interrupt service. We will endeavor to provide advance notice when possible.

7.3 Service Level Agreement (SLA)

Paid subscribers are entitled to a 99.9% uptime SLA. For details on SLA terms and credit policies, refer to your subscription agreement.

7.4 Data Backup & Loss

While VisiAI maintains backups, we are not responsible for data loss or corruption. You are responsible for maintaining your own backup copies of Your Content.

8. Limitation of Liability

8.1 Disclaimer of Damages

To the fullest extent permitted by law, VisiAI shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, loss of data, or loss of business opportunities, even if advised of the possibility of such damages.

8.2 Maximum Liability

VisiAI's total liability to you for any claim arising from your use of the Platform shall not exceed the total amount paid by you to VisiAI in the 12 months preceding the claim (or $100, whichever is greater).

9. Indemnification

You agree to indemnify, defend, and hold harmless VisiAI and its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

Your use of the Platform in violation of these Terms
Your Content or data uploaded to the Platform
Your violation of applicable laws or third-party rights

10. Confidentiality

10.1 Confidential Information

Each party may disclose confidential information to the other. The recipient agrees to maintain confidentiality and use such information only for purposes outlined in these Terms or the Services.

10.2 Exceptions

Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law or court order.

11. Third-Party Services & Links

The Platform may integrate with or link to third-party services, platforms, and websites. VisiAI is not responsible for the content, accuracy, or practices of third parties. Your use of third-party services is governed by their terms and policies.

12. Dispute Resolution & Governing Law

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of California, United States, without regard to its conflict of law principles.

12.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco, California.

12.3 Arbitration Clause

Any dispute arising under these Terms must first be resolved through good-faith negotiation. If unresolved within 60 days, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA), with each party bearing its own costs.

13. Export Compliance

The Platform is subject to U.S. export control laws, including the Export Administration Regulations (EAR). You agree not to access or export the Platform to prohibited countries or entities, or for prohibited purposes.

14. Compliance with Laws

VisiAI and its users must comply with all applicable federal, state, and international laws. VisiAI reserves the right to cooperate with law enforcement requests and may disclose user information as required by legal process.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, or if not possible, severed. The remaining provisions shall continue in full force and effect.

16. Contact Information

For questions about these Terms of Service, please contact:

VisiAI Toolkit Legal Team
Email: legal@visiaitoolkit.com
Phone: +1-415-555-0198
Address: 600 California St, San Francisco, CA 94108, USA