(Info)
LEGAL
Terms and Conditions
Version Effective Date: July 21, 2023
Thank you for using the Vizcom platform (the “Services”). These Terms of Service (the “Agreement”) explain what rights you have with respect to images and other assets which you might generate with the Service, or prompts you might enter into the Service (the “Assets”), your use of the Services, and other important topics like arbitration. Please read it carefully. Our privacy policy outlines how we handle your data here.
This Agreement is entered into by Vizcom Inc. and the entity or person agreeing to these terms (the "Customer," “You” or “Your”) and govern the Customer's access to and use of the Services.
This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.
Other documents referenced here may also bind Customer’s use of the Services, including the Community Guidelines below.
Automatic Renewal
If you subscribe to a Premium Account (defined in Section 2) or other subscriptions we make available to you, then your subscription will be automatically renewed on a monthly, yearly, or any other basis depending on the subscription you select at Vizcom’s then-current subscription fee for the subscribed services unless you opt out of the auto-renewal in accordance with the subscription terms in Section 5 below.
Important Information about Arbitration, Consents, and Updates to the Agreement
Please be aware that Section 16 of these Terms contains provisions governing how disputes that you and Vizcom have against each other will be resolved, including without limitation, any disputes that arose or were asserted prior to the effective date of the Agreement. Section 16 contains, among other things, an agreement to arbitrate which requires, with limited exceptions, that all disputes between you and Vizcom be resolved by binding and final arbitration. Unless you opt out of the agreement to arbitrate within thirty (30) days of the effective date of the Agreement:
(I) You and Vizcom will only be permitted to pursue disputes or claims and seek relief against the other party on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and each of us waives our right to participate in a class action lawsuit or class-wide arbitration.
(II) You are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.
Communications
Please be aware that Section 8 of the Agreement below contains your opt-in consent to receive communications from us, including via emails, text messages, calls, and push notifications.
Changes to These Terms
Please note that the Agreement is subject to change by Vizcom in its sole discretion at any time. When changes are made, Vizcom will make a new copy of the Terms available on the Site and within the App, and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site or within the App. We will also update the “Last Revised” date at the top of the Terms. If we make any material changes, and you have registered with us to create an Account (as defined in Section 2.1), we will also send an email to you at the last email address you provided to us pursuant to the Agreement. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of receiving the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to the Agreement will be effective immediately for new users of the Site, the App, and or Services and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an email notice of such changes to registered users. Vizcom may require you to provide consent to the updated Agreement in a specified manner before further use of the Site, the App, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site, the App, and/or the Services. Otherwise, your continued use of the Site, the App, and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1. How the Services Work
Vizcom offers a platform that is designed to allow users to draw or import content, such as a line drawing or a sketch, and generate 2D or 3D designs by utilizing Vizcom’s AI technology (“Designs”).
1.1 Teams
Users may create shared, virtual workspaces on the App (“Teams”) and invite other users on the Apps to view and collaborate on content within the Team (“Collaborators”). Users may organize Designs by creating “Projects” and share Projects with Collaborators within their Teams.
1.2 Premium Accounts
Certain features of the Service, such as additional drawing tools, unlimited image generations, ability to download high-res images, and unlimited Teams, are only available to Premium Accounts (defined below) for additional fees as described in Section 5.
1.3 Beta Services
Vizcom may, from time to time, offer access to services that are classified as a trial or beta version (“Beta Services”). Access to and use of Beta Services may be subject to additional agreements. Vizcom makes no representations that Beta Services will ever be made generally available and reserves the right to discontinue or modify Beta Services at any time without notice. Beta Services are provided AS IS and WITH ALL FAULTS and may contain bugs, errors, or other defects. Your use of any Beta Services is at your sole risk.
2. Registration and Accounts
2.1 Registration and Account Creation
In order to access and use certain features of the Services, you may need to register or create an account on the Services (“Account”) and provide certain information about yourself as prompted by the account registration form, including, but not limited to, an email address and password (“Registration Data”). You agree to provide information required for your use of the Services and to update such information so it remains true, accurate, current, and complete. A “Premium Account” is an Account with additional features on the Service and is subject to additional fees described in Section 5. Vizcom reserves the rights to establish eligibility criteria to use the Services, and in some cases, at Vizcom’s sole discretion, impose limitations or restrictions on certain Accounts including, but not limited to, deletion of Accounts. You agree not to create an Account or use the Services if you have been previously removed by Vizcom or if you have been previously banned from any of the Services. You acknowledge and agree that Vizcom will use your Registration Data in accordance with its Privacy Policy.
2.2 Third-Party Service
If you access the Services through a third-party service, such as a Google account, (“TPS”) as part of the functionality of the Services, you may link your Account with a TPS by allowing Vizcom to access your TPS, as is permitted under the applicable terms and conditions that govern your use of each TPS. You represent that you are entitled to grant Vizcom access to your TPS account (including, for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable TPS. By granting Vizcom access to any TPS accounts, you understand that Vizcom may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials accessible through the Services (collectively, “Content”) that you have provided to and stored in your TPS account (“TPS Content”) so that it is available on and through the Services. Unless otherwise specified in this Agreement, all TPS Content shall be considered to be User Content (as defined below). Depending on the TPS account you choose and subject to the privacy settings that you have set in such TPS account, personally identifiable information that you post to your TPS account may be available on and through the Services.
2.3 Account Responsibilities
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Vizcom of any unauthorized use, suspected unauthorized use of your Account, or any other breach of security. You agree not to create an Account using a false identity or false information or on behalf of an individual other than yourself. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. Vizcom cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Vizcom of any unauthorized use, suspected unauthorized use of your Account, or any other breach of security. You agree not to create an Account using a false identity or false information or on behalf of an individual other than yourself. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. Vizcom cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. Access to the Service
3.1 Access and Use
Subject to this Agreement, Vizcom grants you a non-transferable, non-exclusive, revocable, limited right to access and use the Services solely for your own personal or internal business use.
3.2 Application License
Subject to your compliance with the Agreement, Vizcom grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the desktop application on a reasonable number of computers that you own or control and to run such copy or copies of the desktop application solely for your own personal or internal business purposes.
3.3 Certain Restrictions
By accessing and using the Services you agree that you will not, and will not permit any third party to:(i) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services;(ii) frame or utilize framing techniques to enclose any trademark, logo, or other Vizcom Content (including images, text, page layout, or form);(iii) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services;(iv) access or use the Services in order to build a similar or competitive website, product, or service; and(v) copy, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means any part of the Services, except as expressly permitted herein. Unless otherwise indicated, any future release, update, or other addition to the functionality of the Services shall be subject to this Agreement. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.
3.4 Modification and Suspension
Vizcom reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Vizcom will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
3.5 No Support or Maintenance; Necessary Equipment
You acknowledge and agree that Vizcom will have no obligation to provide you with any support or maintenance in connection with the Site or Services. You are solely responsible for any fees, including Internet connection fees, that you incur when accessing the Services.
3.6 Updates
You understand that the Services are evolving. As a result, Vizcom may require you to accept updates to the App that you have installed on yourcomputer. You acknowledge and agree that Vizcom may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.
4. OWNERSHIP
Excluding any User Content that you may provide (defined in Section 6 below) and Designs created through use of the Services, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Services and its content are owned by Vizcom or Vizcom’s suppliers. Neither this Agreement (nor your access to the Services) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access and download rights expressly set forth in Section 3.1 and 3.2. Vizcom and its suppliers reserve all rights not granted in this Agreement. There are no implied licenses granted under this Agreement.
5. SUBSCRIPTION TERMS
5.1 Payment
If you have a Premium Account or register for a subscription, you agree to pay all fees associated with the Premium Account or subscription, including but not limited to any applicable subscription fees (“Subscription Fees”), any service fees imposed by Vizcom, and any other fees posted to your Account (each, as defined herein and collectively, the “Fees”). The total Fees owed by you in connection with a subscription will be presented to you at the time of purchase and available for viewing through the App. You are responsible for selecting your desired subscription option, and you are responsible for payment of the applicable Subscription Fees at the time you elect to create a Premium Account or otherwise select your subscription. All Fees are non-refundable. You may be required to provide your credit card or other accepted payment method (each a “Payment Method”) when you subscribe to the Services or register for a Premium Account. Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on Apps or by e-mail delivery to you.
5.2 AUTOMATIC RENEWAL
Your subscription will continue indefinitely until terminated in accordance with the Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period at Vizcom’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at least one (1) day prior to the Renewal Commencement Date via your Account page. If you do not wish for your subscription to renew automatically, or if you want to change or terminate your subscription, please log in to your Account and change or terminate your subscription via the Account page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current subscription period. By subscribing, you authorize Vizcom to charge your Payment Method now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Vizcom does not receive payment from you, (i) you agree to pay all amounts due on your Account upon demand and/or (ii) you agree that Vizcom may either terminate or suspend your subscription and continue to attempt to charge your Payment Method until payment is received (upon receipt of payment, your account will be activated and, for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
5.3 Cancellation Period
If you are a consumer who is a resident of the EU or the UK, you have a legal right to cancel your subscription until 14 days after the day on which the subscription was entered into. This means that during that period if you change your mind or decide for any other reason that you do not want to continue receiving the Services, you can notify us of your decision to cancel your subscription and receive a refund. Advice about your legal right to cancel your subscription terms is available from your local Citizens’ Advice Bureau or Trading Standards office. To cancel a subscription, you just need to let us know that you have decided to cancel. The easiest way to do this is to cancel the subscription on your Account page. If you cancel your subscription, we will refund you the price paid for the subscription.
5.4 Taxes
The payments required under Section 5 of this Agreement do not include any Sales Tax that may be due in connection with the Services provided under this Agreement. If Vizcom determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Vizcom shall collect such Sales Tax in addition to the payments required under Section 5 of this Agreement. If any services or payments for any services, under this Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Vizcom, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Vizcom for any liability or expense Vizcom may incur in connection with such Sales Taxes. Upon Vizcom’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales, use, excise, services, or other tax measured by the value of sales.
5.5 Payment Processor
Vizcom uses a third-party payment processor (“Payment Processor”) as the third-party service provider for payment services. By using the Services, you agree to be bound by our Payment Processor’s Privacy Policy, and hereby consent and authorize Vizcom and our Payment Processor to share any information and payment instructions you provide with third-party service provider(s) to the minimum extent required to complete your transactions. By making a purchase through the Services, you also agree to be bound by our Payment Processor’s services agreement. Our current Payment Processor is Stripe, Inc. and you hereby agree to Stripe’s privacy policy (https://stripe.com/privacy) and terms of use (https://stripe.com/legal). All information that you provide to us or to our Payment Processor must be accurate, current, and complete. By making a purchase, you authorize Vizcom to charge your Payment Method in accordance with this Section 5, and you agree that Vizcom is authorized to charge your Payment Method for all fees and charges due and payable to Vizcom hereunder and that no additional notice or consent is required. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD USED TO PAY ANY AMOUNTS OWED IN CONNECTION WITH THE SERVICES.
5.6 Free Trials and Other Promotions
Any free trial or other promotion that provides Premium Account features or any other additional features on the Services must be used within the specified time of the trial. At the end of the trial period, these additional features expire and any further use of the features is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact Company to have the charges reversed.
6. USER CONTENT; DESIGNS
6.1 User Content
"User Content" means all Content that you upload, post, e-mail, transmit, or otherwise make available through the Services, including any Content you submit for purposes of rendering a Design. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate Section 7. You further represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform, and display your User Content (in whole or in part) worldwide and/or to incorporate it into other works in any form, media, or technology now known or later developed for the full term of any worldwide intellectual property right that may exist in your User Content. You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by Vizcom. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates Section 7.
6.2 Designs
You are solely responsible for your use of your Designs created through the Services. For Free Accounts, Vizcom owns all rights to the Designs generated through use of the Services. For Premium Accounts, you own all rights to the Designs generated through use of the Services, subject to the license granted below. You assume all risks associated with your use of your Designs, including any potential copyright infringement claims from third parties or any disclosure of your Designs that personally identifies you or any third party. Because you alone are responsible for your Designs, you may expose yourself to liability if, for example, your Design violates Section 7.
6.3 License
For Free Accounts, you hereby grant (and you represent and warrant that you have the right to grant) to Vizcom an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content and Designs for the purposes of providing, promoting, and improving the Services.
For Premium Accounts, you retain full ownership rights to any User Content and Designs you create through use of the Services. No license is granted to Vizcom for your User Content or Designs.
You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content and Designs.
6.4 No Obligation to Pre-Screen Content
You acknowledge that Vizcom has no obligation to pre-screen Content (including, but not limited to, User Content and Designs) that you upload, create, or download, although Vizcom reserves the right in its sole discretion to pre-screen, refuse, or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your User Content. In the event that Vizcom pre-screens, refuses, or removes any Content, you acknowledge that Vizcom will do so for Vizcom’s benefit, not yours. Without limiting the foregoing, Vizcom shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
6.5 Enforcement
We reserve the right (but have no obligation) to review any User Content and Designs and to investigate and/or take appropriate action against you if you, in our sole discretion, violate Section 7 or any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content and Designs, terminating your Account in accordance with Section 13, and/or reporting you to law enforcement authorities.
6.6 Feedback
If you provide Vizcom with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to Vizcom all rights in such Feedback and agree that Vizcom shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Vizcom will treat any Feedback you provide to Vizcom as non-confidential and non-proprietary. You agree that you will not submit to Vizcom any Feedback that you consider to be confidential or proprietary.
6.7 Storage
Unless expressly agreed to by Vizcom in writing elsewhere, Vizcom has no obligation to store any of your User Content or Designs. Vizcom has no responsibility or liability for the deletion or accuracy of any Content, including your User Content and Designs; the failure to store, transmit, or receive the transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving the use of Vizcom Apps. Certain Services may enable you to specify the level at which such Services restrict access to your User Content and Designs. You are solely responsible for applying the appropriate level of access to your User Content or Designs. If you do not choose, the system may default to its most permissive setting. You agree that Vizcom retains the right to create reasonable limits on Vizcom’s use and storage of the Content, including your User Content and Designs, such as limits on file size, storage space, processing capacity, and similar limits described on the Site and as otherwise determined by Vizcom in its sole discretion. Vizcom is not obligated to backup any User Content or Designs, and your User Content and Designs may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content and Designs if you desire.
7. ACCEPTABLE USE POLICY
You agree not to:
use the Services to upload, transmit, display, or distribute any User Content or Designs that:
violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or
that is in violation of any law, regulation, or obligations or restrictions imposed by any third party, or is otherwise objectionable;
upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data;
send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
abuse other users’ personal information that you receive through the Services, such as to:
harvest, collect, gather, or assemble information or data regarding other users, including e-mail addresses, without their consent;
interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies, or procedures of such networks;
attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means;
interfere with any other user’s use and enjoyment of the Services;
upload, draw, share, or otherwise provide Content that violates any of the terms set forth herein;
impersonate any person or entity, including any employee or representative of Vizcom;
use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
8. VIZCOM COMMUNICATIONS
8.1 Generally
You may have the opportunity to provide us with your e-mail address. By providing your email address to us, you consent to receiving email communications from Vizcom for administrative or operational purposes related to your Account. Communications from us may include communications about your use of the Services.
8.2 Promotional Email Communications
If you opt-in to receive marketing or promotional email communications from us, you will have the ability to opt out of receiving such communications by following the unsubscribe instructions in the communication itself. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITION OF USING THE SERVICES. CONSENT TO THESE PROMOTIONAL MESSAGES IS NOT REQUIRED TO ACCESS THE SITE OR SERVICES.
8.3 Electronic Communications
The communications between you and Vizcom use electronic means, whether you use the Services or send us emails, or whether Vizcom posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Vizcom in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Vizcom provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
9. INDEMNIFICATION
You agree to indemnify and hold Vizcom (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Services, (ii) your User Content or use of your Designs, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. Vizcom reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Vizcom. Vizcom will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
10. THIRD-PARTY LINKS, APPLICATIONS; OTHER USERS AND THIRD PARTIES
10.1 Third-Party Links, Applications
The Services may contain links to third-party websites and services, and applications for third parties (collectively, “Third-Party Links & Applications”). For example, we provide you with the ability to join the Vizcom Discord via a link to Discord’s website or application, accessible through the Services. Such Third-Party Links & Applications are not under the control of Vizcom, and Vizcom is not responsible for any Third-Party Links & Applications. Vizcom provides access to these Third-Party Links & Applications only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Applications. You use all Third-Party Links, & Applications at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Applications, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Applications.
10.2 Other Users and Third Parties
Each user of the Services is solely responsible for any and all of its own User Content and Designs. Because we do not control User Content or the use of Designs, you acknowledge and agree that we are not responsible for any User Content or use of Designs, whether provided by you or by others. We make no guarantees regarding the accuracy, suitability, or quality of any User Content or Designs. Your interactions with other users, including any interactions with Collaborators or third parties, are solely between you and such users and third parties. You agree that Vizcom will not be responsible for any loss or damage incurred as the result of any such interactions. We do not oversee the collaborations or interactions that take place in Teams nor do we oversee the use of the Designs by users. If there is a dispute between you and any user of the Services or you and any third party, we are under no obligation to become involved. Provided, however, we reserve the right to intercede in such disputes at our sole discretion.
11. DISCLAIMERS
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITH ALL FAULTS AND NO GUARANTEES REGARDING OUTCOMES OR PERFORMANCE. WE HAVE NO LIABILITY FOR RESULTS IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE ADEQUACY OF ANY DESIGN OR CONTENT, OR THE ACTIONS OR OMISSIONS OF A USER, INCLUDING BUT NOT LIMITED TO THE USER’S USE OF THE DESIGNS. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT WHETHER PROVIDED BY VIZCOM OR ANOTHER USER OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WHEN USING OUR SERVICES, YOU WILL BE EXPOSED TO CONTENT FROM A VARIETY OF SOURCES, AND THAT VIZCOM IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, LEGALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO ANY SUCH CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OBJECTIONABLE, OR HARASSING, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST VIZCOM WITH RESPECT THERETO.
VIZCOM (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
FROM TIME TO TIME, VIZCOM MAY OFFER BETA SERVICES. SUCH BETA SERVICES ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT VIZCOM’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO BETA SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VIZCOM (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF VIZCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU OR PAYABLE TO YOU ON OR THROUGH THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (II) ONE HUNDRED ($100) DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VIZCOM AND YOU. FOR USERS IN THE EU, COMPANY DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY COMPANY’S NEGLIGENCE; (ii) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH OR EU LAW.
13. TERM AND TERMINATION
Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may suspend or terminate your rights to access and use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of your rights under this Agreement, your Account will be deleted and your right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Vizcom will not have any liability whatsoever to you for any termination of your rights under this Agreement, including for termination of your Account or deletion of your User Content. Even after your rights under this Agreement are terminated, the following provisions of this Agreement will remain in effect: Sections 1, 3.3 - 3.6, and 4-17.
14. COPYRIGHT POLICY
Vizcom respects the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Your physical or electronic signature;
Identification of the copyrighted work(s) that you claim to have been infringed;
Identification of the material on our services that you claim is infringing and that you request us to remove;
Sufficient information to permit us to locate such material;
Your address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Vizcom is:
Designated Agent: Kaelan Richards
Address of Agent: 2989 Harrison Ave, Rochester Hills MI
Telephone: 248-872-3378
Email: kaelan@vizcom.co
15. INTERNATIONAL USERS AND PROVISIONS
The Services can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Vizcom intends to announce such services or content in your country. The Services are controlled and offered by Vizcom from its facilities in the United States of America. Vizcom makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law. The following provisions shall apply only if you are located in the countries listed below:
15.1 United Kingdom
A third party who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
15.2 Germany
Notwithstanding anything to the contrary in Section 12 (Limitation of Liability), Vizcom is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).
16. ARBITRATION CLAUSE AND CLASS ACTION WAIVER
Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires that you and Vizcom arbitrate disputes against one another.
Dispute Resolution
PLEASE BE AWARE THAT THIS SECTION 16 CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND VIZCOM HAVE AGAINST EACH OTHER WILL BE RESOLVED. AMONG OTHER THINGS, THIS SECTION 16 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND VIZCOM BE RESOLVED BY BINDING AND FINAL ARBITRATION. THIS SECTION 16 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THIS SECTION 16 CAREFULLY.
16.1 Applicability of Arbitration Agreement
Subject to the terms of this Arbitration Agreement, you and Vizcom agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services, or the Terms, including claims and disputes that arose between us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that:
You and Vizcom may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and
You or Vizcom may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms.
16.2 Informal Dispute Resolution
There may be instances when a Dispute arises between you and Vizcom. If that occurs, Vizcom is committed to working with you to reach a reasonable resolution. You and Vizcom agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Vizcom therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you also agree to participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties in writing. Notice to Vizcom that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to contact@vizcom.co or regular mail to our offices located at 1950 Cambridge Dr, Mountain View, CA 94043. The Notice must include:
Your name, telephone number, mailing address, e‐mail address associated with your account (if you have one);
The name, telephone number, mailing address, and e‐mail address of your counsel, if any; and
A description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
16.2 Informal Dispute Resolution
There may be instances when a Dispute arises between you and Vizcom. If that occurs, Vizcom is committed to working with you to reach a reasonable resolution. You and Vizcom agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Vizcom therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you also agree to participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties in writing. Notice to Vizcom that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to contact@vizcom.co or regular mail to our offices located at 1950 Cambridge Dr, Mountain View, CA 94043. The Notice must include:
Your name, telephone number, mailing address, e‐mail address associated with your account (if you have one);
The name, telephone number, mailing address, and e‐mail address of your counsel, if any; and
A description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
16.3 Waiver of Jury Trial
YOU AND VIZCOM HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Vizcom are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
16.4 Waiver of Class and Other Non-Individualized Relief
YOU AND VIZCOM AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 16.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 16.9 (Batch Arbitration) entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Vizcom agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in San Francisco, California. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Vizcom from participating in a class-wide settlement of claims.
16.5 Rules and Forum
These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of Notice, you and Vizcom agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS rules.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include:
The name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account;
A statement of the legal claims being asserted and the factual bases of those claims;
A description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars;
A statement certifying completion of the Informal Dispute Resolution process as described above; and
Evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that:
The Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution;
The claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and
The factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and otherwise agree, or the Batch Arbitration process discussed in subsection 16.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the applicable JAMS rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration.
You and Vizcom agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
16.6 Arbitrator
The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the JAMS roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then JAMS will appoint the arbitrator in accordance with the applicable JAMS rules, provided that if the Batch Arbitration process under subsection 16.9 (Batch Arbitration) is triggered, JAMS will appoint the arbitrator for each batch.
16.7 Authority of Arbitrator
The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following:
All Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator.
Except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator.
All Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator.
All Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator.
The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
16.8 Attorneys' Fees and Costs
The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Vizcom need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
16.9 Batch Arbitration
To increase the efficiency of administration and resolution of arbitrations, you and Vizcom agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Vizcom by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), JAMS shall:
Administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests);
Appoint one arbitrator for each batch; and
Provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Vizcom.
You and Vizcom agree to cooperate in good faith with JAMS to implement the Batch Arbitration process, including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include:
The appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and
The adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective, and/or mass arbitration or action of any kind or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
16.10 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 1950 Cambridge Dr, Mountain View, CA 94043 within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Vizcom account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have or may enter in the future with us.
16.11 Invalidity, Expiration
Except as provided in the subsection entitled “Waiver of Class and Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Vizcom as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitations for that claim or controversy, or it will be forever time-barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
16.12 Modification
Notwithstanding any provision in these Terms to the contrary, we agree that if Vizcom makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to Vizcom at: 1950 Cambridge Dr, Mountain View, CA 94043, your continued access and use of the Services, including the acceptance of products and services offered on or through the Services, following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services, or the Agreement, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Vizcom will continue to honor any valid opt-outs of the Arbitration Agreement that you made to a prior version of these Terms.
17.1 Generally
Your relationship to Vizcom is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Vizcom’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Vizcom may freely assign this Agreement. The terms and conditions set forth in these Agreement shall be binding upon assignees.
17.2 Export
The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to directly or indirectly export, reexport, or transfer any U.S. technical data acquired from Vizcom, or any products utilizing such data, in violation of the United States export laws or regulations.
17.3 Exclusive Venue and Governing Law
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Vizcom agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in California. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
17.4 Disclosures
Vizcom is located at the address in Section 17.9. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
17.5 Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
17.6 Copyright/Trademark Information
Copyright © 2024, Vizcom. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks. All goodwill generated from the use of any Vizcom Marks will inure to Vizcom’s benefit.
17.7 Force Majeure
Vizcom shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials. If a force majeure event occurs that affects Vizcom’s performance of its obligations under the Agreement: (a) Vizcom will contact you as soon as reasonably possible to notify you; and (b) Vizcom’s obligations under the Agreement will be suspended, and the time for Vizcom’s performance of its obligations will be extended for the duration of the force majeure event. You may cancel the Services affected by a force majeure event that has continued for more than 60 days. To cancel, please contact Vizcom at the information provided below.
17.8 Choice of Language
It is the express wish of the parties that the Agreement and all related documents have been drawn up in English. This Agreement, and any contract between you and Vizcom, are only in the English language. C’est la volonté expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglaise.
17.9 Contact Information:
Vizcom Technologies, Inc.
Address: 95 Third Street 2nd Floor - #7251 San Francisco, CA 94103
Telephone: 248-872-3378
Email: hello@vizcom.ai
Privacy Policy
Effective as of April 24, 2025.
Please click here to view the previous version of our Privacy Policy.
INTRODUCTION
Vizcom Technologies, Inc. (“Vizcom,” “we”, “us” or “our”) provides a web
based application that leverages AI to enable designers and artists to bring
ideas to life faster than ever before. This Privacy Policy describes how we
process personal information that we collect through our digital or online
properties or services that link to this Privacy Policy, including, as
applicable, our website, social media pages, marketing activities, live events
and other activities described in this Privacy Policy (collectively, the
“Service”).
This Privacy Policy does not apply to content that we process on behalf of
our customers. Our use of that data is governed by our customer
agreements covering access to and use of our Service.
NOTICE TO CALIFORNIA USERS: Please see the Notice to California
Users section for additional information for individuals located in California
(which we refer to as “California”) below.
NOTICE TO EUROPEAN USERS: Please see the Notice to European
Users section for additional information for individuals located in the
European Economic Area or United Kingdom (which we refer to as
“Europe”, and “European” should be understood accordingly) below.
INDEX
● Personal Information we Collect
● How we use your Personal Information
● How we Share your Personal Information
● Your Choices
● Other Sites and Services
● Security
● Data Retention
● International Data Transfers
● Children
● Changes to this Privacy Policy
● How to Contact us
● Notice to California users
● Notice to European users
PERSONAL INFORMATION WE COLLECT
We collect personal information relating to you (“Personal Information”)
as follows:
1) Information You Provide to Us. We collect Personal Information
you may provide to us through the Service(s) or in the event you
create an account to use our Service or communicate with us in any
manner. This information consists of contact information such as first
name, last name, e-mail address, billing and mailing addresses and
phone numbers.
(a) Account Information. While we intentionally minimize the
Personal Information required to use our Service, we do collect profile
data, such as the username and password that you may set to
establish an online account on the Service, including biographical
details, links to your profiles on social networks, preferences, and any
other information that you personally add to your account profile.
(b) User Submission. We receive and store any information you
knowingly provide, whether via computer, mobile phone, tablet, or
other wireless device that you provide to us in any other way. This
information may include user-generated content data, such as files,
photos, images, audio, music, videos, comments, questions, messages,
works of authorship, and other content or information that you
generate, transmit, or otherwise make available on the Service, as
well as associated metadata.
(c ) Other Information You Provide. We collect other information
that you may provide to us, such as when you participate in our
surveys or provide us with information to establish your identity or
age (collectively, “Other Information You Provide”).You are under
no obligation to provide any information to us. You also may access,
correct, update, or delete your information in your profile at your
convenience.
2) Third-party sources. We may combine Personal Information we
receive from you with Personal Information we obtain from other
sources, such as:
(a) Public sources, such as government agencies, public records,
social media platforms, and other publicly available sources.
(b) Marketing partners, such as joint marketing partners and event
co-sponsors.
(c ) Third-party services, such as social media services, that you use
to log into, or otherwise link to, your Service account. This data
may include your username, profile picture and other
information associated with your account on that third-party
service that is made available to us based on your account
settings on that service.
3) Automatic data collection. We, our service providers, and our
business partners may automatically collect, process and log
information about you, your computer or mobile device, and your
interaction over time with the Service and other online services, such
as:
(a) Device data, such as your computer or mobile device’s operating
system type and version, manufacturer and model, browser type,
settings, screen resolution, RAM and disk size, CPU usage, device
type (e.g., phone, tablet), Internet Protocol address, unique
identifiers (including identifiers used for advertising purposes),
language settings, mobile device carrier, radio/network
information (e.g., Wi-Fi, LTE, 3G), and general location information
such as city, state or geographic area.
(b) Online activity data, such as pages or screens you viewed, how
long you spent on a page or screen, the website you visited before
browsing to the Service, navigation paths between pages or
screens, information about your activity on a page or screen,
access times and duration of access, and whether you have opened
our emails or clicked links within them.
(c ) Communications and marketing interaction data such as your
interactions with our email or other communications (e.g., whether
you open and/or forward emails) – we may do this through use of
pixel tags (which are also known as clear GIFs), which may be
embedded invisibly in our emails. When you contact or send
communications to us, we may collect Personal Information such as
your first name, last name, email address, telephone number and
other important information about your inquiry or concern. We
further receive and store information based upon our exchanges
with you, including when you contact us through the Service,
email, social media, or otherwise, as well as when we receive your
preferences for receiving our marketing communications.
(4) Cookies and Similar Technologies.
We use cookies and other standard internet technologies to operate
and administer our Service and improve your experience.
(a)Cookies. A cookie is a small text file that is placed on your computer
or mobile device when you visit the site. It enables the website to
remember your actions and preferences (such as login, language, font
size and other display preferences) over a period of time, for example
so you don’t have to re-enter such information whenever you come
back to the website or browse from one page to another. A cookie can
be classified by its lifespan and the domain to which it belongs. By
lifespan, a cookie is either a:
(i) Session cookie which is erased when the user closes the
browser; or
(ii) Persistent cookie which remains on the user’s
computer/device for a pre-defined period.
As for the domain to which it belongs, there are either:
(iii) First-party cookies which are set by the web server of the
visited page and share the same domain; or
(iv) Third-party cookies stored by a different domain to the
visited page’s domain. This can happen when the webpage
references a file located outside its domain.
(b)How we use cookies.
We use cookies for the following purposes:
(i) Capture and store users’ preferences, account settings, and
certain login information (mainly for convenience, user
verification, and account security);
(ii) Compile statistics and analytics about your use of and
interaction with our Service, including details about how and
where our Service is accessed, how often a user visits or uses
the Service, the date and time of user visits to, and actions on
the Service, which areas of the Service are visited and for
how long, and other similar traffic, usage, and trend data;
(iii) Gather important functionality, testing, and performance
data about our Service, such as networking activity, CPU
load, and resource usage, among other relevant data;
(iv) Gather demographic information about our User base; and
(v) Perform other similar lawful functions.
We will not intentionally use cookies or similar technology other
than for the purposes stated in this Privacy Policy.
(c ) Cookies used by our Service.
The following lists enable you to recognize the cookies placed on your
browser when you use our Service. Although we strive to list all cookies
used by us or our technology partners, if you find a discrepancy or think
that a cookie has been omitted, please contact us.
(i) Our Cookies used on the website can be found here
(d)Your choices.
You may elect to allow or deny the use of cookies other than cookies that
are necessary for the proper functioning of the Service. If you prefer, you
can change your browser to prevent cookies or, at any time, you can
review the cookies placed by the Service and update your preferences to
allow or deny cookies. Please note that by blocking or deleting
cookies used by our Service, you may not be able to take full
advantage of the Service or the Service may not function correctly
or at all.
HOW WE USE YOUR PERSONAL INFORMATION
In addition to the specific uses above, we may use your Personal
Information for the following purposes or as otherwise described at the time
of collection:
(1) Service delivery and operations.
(a) To operate, maintain, improve and provide the Service;
(b) To give you access to the Service and related features, or to
restrict your access and enable security features of the Service;
(c ) To communicate with you about the Service (e.g., product
changes, feature updates, etc.), including by sending Service-
related announcements, updates, security alerts, and support
and administrative messages;
(d) To allow you to manage your account or account information,
update your account settings, and (where applicable) organize
your content within the Service.
(e) To provide technical support or customer service for the
Service, and respond to your requests, questions and feedback.
(f) To protect the integrity, safety, or security of our Service or our
users, and to comply with legal obligations.
(2) Service personalization.
(a) To understand your needs and interests
(b) To personalize your experience with the Service and our
Service-related communications
(c ) To remember your selections and preferences as you navigate
webpages.
(3) Marketing and advertising.
We, our service providers and our third-party advertising partners may
collect and use your Personal Information for marketing and advertising
purposes:
●Direct marketing. We may send you direct marketing
communications and may personalize these messages based on your
needs and interests. You may opt-out of our marketing
communications as described in the Opt-out of marketing section
below.
(4) Service improvement and analytics.
We may use your Personal Information to analyze your usage of the Service,
improve the Service, improve the rest of our business, help us understand
user activity on the Service, including which pages are most and least
visited and how visitors move around the Service, as well as user
interactions with our emails, and to develop new Services.
(5) Compliance and Protection.
(a) To comply with applicable laws, lawful requests, and legal
process, such as to respond to subpoenas, investigations or requests
from government authorities;
(b) To protect our, your or others’ rights, privacy, safety or property
(including by making and defending legal claims);
(c ) To audit our internal processes for compliance with legal and
contractual requirements or our internal policies;
(d) To enforce the terms and conditions that govern the Service;
and
(e) To prevent, identify, investigate and deter fraudulent, harmful,
unauthorized, unethical or illegal activity, including cyberattacks and
identity theft.
(6) Data sharing in the context of corporate events.
We may share certain Personal Information in the context of actual or
prospective corporate events – for more information see ‘How we Share
your Personal Information’ below.
(7) To create aggregated, de-identified and/or anonymized data.
We may create aggregated, de-identified and/or anonymized data from your
Personal Information and other individuals whose Personal Information we
collect. We make Personal Information into de-identified and/or anonymized
data by removing information that makes the data identifiable to you. We
may use this aggregated, de-identified and/or anonymized data and share it
with third parties for our lawful business purposes, including to analyze and
improve the Service and promote our business.
(8) Further uses
In some cases, we may use your Personal Information for further uses, in
which case we will ask for your consent to use of your Personal Information
for those further purposes if they are not compatible with the initial purpose
for which information was collected.
HOW WE SHARE YOUR PERSONAL INFORMATION
We may share your Personal Information with the following parties and as
otherwise described in this Privacy Policy, in other applicable notices, or at
the time of collection.
(1) Information Sharing
Please note that we do not sell or rent your Personal Information to
third-party companies for their marketing purposes.
(2) Agents and contractors.
We may share your Personal Information with our third-party agents,
contractors, or service providers who are hired to perform services on
our behalf or help us operate the Service or our business (such as
hosting, information technology, customer support, email delivery,
marketing, consumer research and website analytics). These
providers may operate or support certain functions of a Service. These
agents, contractors and service providers are allowed to use the
Personal Information shared with them only for the specific tasks or
purposes authorized by us as we have determined to be appropriate
for delivery of the Service. Any third party’s use of any Personal
Information shared with such third party by us will be limited to
supporting us in the delivery of the Service and for no other
purposes. Any Personal Information processed by any third-party
supporting us shall be processed consistently with this Privacy Policy.
We take steps to ensure that all service providers engaged by us to
process Personal Information can secure and protect any Personal
Information we share with them, and, in addition, when appropriate,
we require third parties, agents or contractors to execute a data
processing agreement that governs the processing of any Personal
Information we may engage such third party, agent or contractor to
process.
We may also disclose Personal Information in the context of actual or
prospective business transactions (e.g., investments in Vizcom,
financing of Vizcom, public stock offerings, or the sale, transfer or
merger of all or part of our business, assets or shares), for example,
we may need to share certain Personal Information with prospective
counterparties and their advisers. We may also disclose your Personal
Information to an acquirer, successor, or assignee of Vizcom as part
of any merger, acquisition, sale of assets, or similar transaction,
and/or in the event of an insolvency, bankruptcy, or receivership in
which Personal Information is transferred to one or more third parties
as one of our business assets.
(3) Legal disclosures.
We may disclose Personal Information about you as required or
permitted by law and/or to comply with a judicial proceeding, court
order, or legal process served on us or to professional advisors, such
as lawyers, auditors, bankers and insurers, where necessary in the
course of the professional services that they render to us. To the
extent permitted by applicable law, we may also disclose Personal
Information about you in response to a request from law enforcement
agencies, regulators, or other public agencies (including schools or
children services) or if such disclosure may prevent the instigation of
a crime, facilitate an investigation related to public safety or protect
the safety of a child using our Service, protect the security or integrity
of our Service, or enable us to take precautions against liability or to
protect our rights.
(4) Business transfers.
Information about our users, including Personal Information, may be
disclosed to third parties with whom we co-sponsor events, with
whom we jointly offer our Service, or whose products or services may
be of interest to you. When required by applicable law, we will inform
you of such disclosure prior to any such disclosure.
(5) Anonymized information.
We share aggregated, automatically collected, or otherwise non-
Personal Information with third parties for various purposes,
including (i) compliance with reporting obligations; (ii) for business or
marketing purposes; (iii) to assist us and other parties in
understanding our users’ interests, habits and usage patterns for
certain programs, content, services, promotions and/or functionality
available through the Service. We do not share Personal Information
about you in this case.
The full list of third parties that we disclose Personal Information to and
who act as our subprocessors for our Service can be found List of Data
Subprocessors
Payment processors
Any payment card information you use to make a purchase on the Service is
collected and processed directly by our payment processors, such as Stripe.
Stripe may use your payment data in accordance with its privacy policy,
https://stripe.com/privacy.
(6) Linked third-party services
If you log into the Service with, or otherwise link your Service account
to, a social media or other third-party service, we may share your
personal information with that third-party service. The third party’s
use of the shared information will be governed by its privacy policy
and the settings associated with your account with the third-party
service.
(7) Other users and the public
Your profile and other user-generated content data may be visible to
other users of the Service and the public. For example, other users of
the Service or the public may have access to your information if you
chose to make your profile or other Personal Information available to
them through the Service, such as when you provide comments,
reviews, or share other content. This information can be seen,
collected and used by others, including being cached, copied, screen
captured or stored elsewhere by others (e.g., search engines), and we
are not responsible for any such use of this information.
YOUR CHOICES
In this section, we describe the rights and choices available to all users.
Users who are located in California or Europe can find additional
information about their rights below.
(1) Access or update your information
If you have registered for an account with us through the Service, you
may review, correct, amend, update or delete certain account
information by logging into the account.
(2) Opt-out of communications
You may opt-out of marketing-related emails by following the opt-out
or unsubscribe instructions at the bottom of the email, or by
contacting us. Please note that if you choose to opt-out of marketing-
related emails, you may continue to receive service-related and other
non-marketing emails.
(3) Declining to provide information
We need to collect Personal Information to provide certain services. If
you do not provide the information we identify as required or
mandatory, we may not be able to provide those services.
(4) Linked third-party platforms
If you choose to connect to the Service through your social media
account or other third-party platform, you may be able to use your
settings in your account with that platform to limit the information we
receive from it. If you revoke our ability to access information from a
third-party platform, that choice will not apply to information that we
have already received from that third party.
(5) Cookies
For information about cookies, how to make choices about the use of
cookies and similar technologies, see our Cookie section in this
Privacy Policy.
OTHER SITES AND SERVICES
The Service may, from time to time, contain links to external websites,
mobile applications, and other online services operated by third parties. In
addition, our content may be integrated into web pages or other online
services that are not associated with us. These links and integrations are
not an endorsement of, or representation that we are affiliated with, any
third party. We do not control websites, mobile applications or online
services operated by third parties, and we are not responsible for the
Personal Information processing, privacy policies or the content of such
third-party websites or applications. We encourage you to read the terms of
use and privacy policies of the other third party websites, mobile
applications and online services you use.
SECURITY
The security of your Personal Information is important to us. We employ
technical, organizational and physical safeguards designed to protect the
Personal Information we collect. When you enter information into the
Service, we will encrypt that information using secure socket layer
technology (SSL) or similar technologies. We have security measures in
place to attempt to protect the Personal Information and other information
submitted to us and under our control against loss, misuse, and alteration.
While we cannot ensure or guarantee that loss, misuse, or alteration of
information will never occur, we use reasonable efforts to prevent it.
However, security risk is inherent in all internet and information
technologies and we cannot guarantee the security of your Personal
Information. In the event of a data breach or exposure of your Personal
Information to unauthorized individuals, we will notify you at the email
address you provided to us.
DATA RETENTION
We may retain Users’ account data internally for the following purposes:
(i) Billing information, excluding payments made via a third-party
payment processor, and transaction histories are retained to
resolve subsequent billing disputes and inquiries.
(ii) User account history is retained to support subsequent
customer service inquiries and to provide and improve and
develop the Service.
(iii) To promote safety and security on and for the Service.
(iv) To comply with legal obligations; and
(v) For other lawful purposes.
We may retain your information for as long as your account is active or to
provide you with the Service or as needed to carry out the purposes set out
herein. We only want to retain and process your Personal Information for as
long as needed for the purposes that we have collected your Personal
Information. Where applicable, we will delete your Personal Information
upon your request. We are entitled at all times to delete your Personal
Information without notice. In such case, we owe no compensation to you as
result of deletion of the Personal Information.
If you wish to obtain further information about the retention periods as
applied to your personal data, you may contact us at privacy@vizcom.co
INTERNATIONAL DATA TRANSFER
We are headquartered in the United States and may use service providers
that operate in other countries. Please note that your Personal Information
may be transferred to the United States or other locations where privacy
laws may not be as protective as those in your state, province, or country.
All Personal Information which we collect is sent to and stored on secure
servers in the United States or as otherwise indicated at the following
vizcom.ai/subprocessors. Such storage is necessary to process the
information. Vizcom operates globally and we may transfer the Personal
Information that we collect from you to our other offices and/or to the third-
parties as described herein. Accordingly, Personal Information may be
processed outside of your country or regional area. Wherever we transfer
your Personal Information, we will take reasonable steps to comply with
applicable law, protect your Personal Information, ensure an adequate level
of protection, and have appropriate safeguards for our users’ rights and
legal remedies.
Users in Europe should read the important information provided below
about transfer of Personal Information outside of Europe.
CHILDREN
The Service is not intended for use by anyone under the age of eighteen
(18). We do not knowingly collect any information from children under the
age of eighteen (18). If you believe that we have inadvertently collected
personal information in a manner prohibited by law, please contact us. If we
learn that we have collected personal information through the Service from
a child under the age of eighteen (18) without the consent of the child’s
parent or guardian as required by law, we will comply with applicable legal
requirements to delete the information.
CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this Privacy Policy at any time in our sole
discretion to reflect changes to our Personal Information practices at any
time or for other business purposes. If we make material changes to this
Privacy Policy, we will notify you by updating the date of this Privacy Policy
and posting it on our website, the Service or other appropriate means. Any
modifications to this Privacy Policy will be effective upon our posting the
modified version (or as otherwise indicated at the time of posting). In all
cases, your use of the Service after the effective date of any modified
Privacy Policy indicates your acknowledgement that the modified Privacy
Policy applies to your interactions with the Service and our business. If you
do not wish to accept the change(s) you may opt-out by deleting your
account.
HOW TO CONTACT US
In the event that you need to contact us for any reasons related to our
privacy practices or this policy, our contact information is as follows:
Email: privacy@vizcom.co
Mail: 95 Third Street 2nd Floor - #7251, San Francisco, CA 94103
Phone: 248-872-3378
NOTICE TO CALIFORNIA USERS
If you are a California resident, in addition to our Privacy Policy above, the
following additional privacy disclosures under the California Consumer
Privacy Act of 2018 (“CCPA”) and other California laws may be applicable
to you and may allow you to exercise your rights regarding your Personal
Information.
(1) General
If the CCPA is applicable, you have the right to know and understand how
we collect, use, disclose, and share your Personal Information, to access
your information, to request that we delete specific information, to exercise
your rights to opt-out, and also not be discriminated against when
exercising your privacy rights granted under the CCPA.
(2) Categories of Information We May Collect
We may collect the Personal Information described in the ‘Personal
Information We Collect’ section of this Privacy Policy.
(3) Your Rights and Choices
(a)Right to Know and Data Portability
The CCPA provides California residents specific rights to know about
our collection and use of their Personal Information over the past
twelve (12) months (the “Right to Know”). Once we receive your
request and confirm your identity, we will disclose to you:
(i) The categories of Personal Information we collected about you.
(ii) The categories of sources for the Personal Information we
collected about you.
(iii) Our business or commercial purpose for collecting that Personal
Information.
(iv) The categories of third parties with whom we share that
Personal Information.
(v) If we sold or disclosed (if applicable) your Personal Information
for a business purpose, we will provide two separate lists that:
a. identify the Personal Information categories that each
category of recipient purchased in connection with sales of
your Personal Information; and
b. identify the Personal Information categories that each
category of recipient obtained in connection with disclosures
of your Personal Information for a business purpose.
(b)Right to Delete
The CCPA provides California residents specific rights to delete their
Personal Information that we collected from them and retained,
subject to certain exceptions (the “Right to Delete”). We may deny
your deletion request if retaining the information is necessary for us
or our service provider(s) to:
(i) Provide the Service, take actions reasonably anticipated within
the context of our ongoing business relationship with you, fulfill
the terms of a written warranty conducted in accordance with
federal law, or otherwise perform our contract with you.
(ii) Detect security incidents, protect against malicious, deceptive,
fraudulent, or illegal activity, or prosecute those responsible for
such activities.
(iii) Debug the Service to identify and repair errors that impair
existing intended functionality.
(iv) Comply with the California Electronic Communications Privacy
Act (Cal. Penal Code § 1546 et. seq.) or another legal obligation.
Once we receive your request and confirm your identity, we will
delete or deidentify Personal Information and direct our service
providers to take similar action, unless subject to one of these
exceptions above.
(4) How to Exercise the Rights to Know or Delete
Only you, or someone legally authorized to act on your behalf, may
make a request to know or delete related to your Personal
Information. To exercise your rights to know or delete your Personal
Information, please submit a request via the contact details displayed
in the ‘ How to Contact Us’ section.
You may only submit a request to know twice within a 12-month
period. Your request to know or delete must:
(i) Provide sufficient information that allows us to reasonably verify
you are the person about whom we collected Personal
Information or an authorized representative, which may include:
your identification information, a signed permission authorizing
the representative to submit the request on your behalf, and any
other information permitted or recommended by the CCPA and
applicable regulations.
(ii) Describe your request with sufficient detail that allows us to
properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal
Information if we cannot verify your identity or authority to make the
request and confirm the Personal Information relates to you. We will
only use Personal Information provided in the request to verify the
requestor's identity or authority to make the request.
(5) Response Timing and Format regarding Requests to Know
or Delete
We will confirm receipt of your request within fifteen (15) business
days. If you do not receive confirmation within the fifteen (15)
business days timeframe, please contact us via the contact details
displayed in the ‘ How to Contact Us’ section.
We endeavor to substantively respond to a verifiable consumer
request within forty-five (45) days of its receipt. If we require more
time (up to another 45 days), we will inform you of the reason and
extension period in writing. We may deliver our written response by
email.
Any disclosures we provide will only cover the 12-month period
preceding our receipt of your request. The response we provide will
also explain the reasons we cannot comply with a request, if
applicable.
We do not charge a fee to process or respond to your verifiable
consumer request unless it is excessive, repetitive, or manifestly
unfounded, or as otherwise permitted by the CCPA. If we determine
that the request warrants a fee, we will tell you why we made that
decision and provide you with a cost estimate before completing your
request.
(6) Personal Information Sales Opt-Out Rights
Under the CCPA, you have the right to direct us to not sell your
Personal Information at any time (the "right to opt-out"). We do not
sell your Personal Information. However, if you need to exercise your
right to opt-out provided under CCPA, you (or your authorized
representative) may submit a request to us via the contact details
displayed in the ‘ How to Contact Us’ section.
NOTICE TO EUROPEAN USERS
(1) General
In addition to our Privacy Policy presented above, the following terms
apply only to individuals in the United Kingdom and the European
Economic Area (i.e., “Europe” as defined at the top of this Privacy
Policy).
(2) Personal information
(3) References to “Personal Information” in this Privacy Policy should be
understood to include a reference to “personal data” (as defined in the
GDPR) – i.e., information about individuals from which they are either
directly identified or can be identified.Controller
Vizcom is the controller in respect of the processing of your Personal
Information covered by this Privacy Policy for purposes of European
data protection legislation (i.e., the EU GDPR and the so-called ‘UK
GDPR’ (as and where applicable, the “GDPR”)). For further
information, please see the ‘How to Contact Us’ section above for our
contact details.
(4) Our Legal Bases for Processing
In respect of each of the purposes for which we use your Personal
Information, the GDPR requires us to ensure that we have a “legal
basis” for that use.
Our legal bases for processing your Personal Information described in
this Privacy Policy are listed below.
Where we need to perform a contract, we are about to enter
into or have entered into with you (“Contractual Necessity”).
Where it is necessary for our legitimate interests and your
interests and fundamental rights do not override those interests
(“Legitimate Interests”). More detail about the specific
legitimate interests pursued in respect of each Purpose we use
your Personal Information for is set out in the table below.
Where we need to comply with a legal or regulatory obligation
(“Compliance with Law”).
Where we have your specific consent to carry out the processing
for the Purpose in question (“Consent”).
(5) We have set out below, in a table format, the legal bases we rely on in
respect of the relevant Purposes for which we use your personal
information – for more information on these Purposes and the data
types involved, see the ‘How we Use your Personal Information’
section.
(6) Purpose and Categories of Personal Information Involved
Service delivery and operations.
Provide the Service;
Enable security features of the Service;
Communicate with you about the Service, including by sending
Service-related announcements, updates, security alerts, and
support and administrative messages;
Provide support for the Service, and respond to your requests,
questions and feedback.
Service personalization.
Understand your needs and interests
Personalize your experience with the Service and our Service-
related communications
Remember your selections and preferences as you navigate
webpages.
Marketing and advertising.
We, our service providers and our third-party advertising partners
may collect and use your personal information for marketing and
advertising purposes:
Direct marketing. We may send you direct marketing communications
and may personalize these messages based on your needs and
interests. You may opt-out of our marketing communications as
described in the Opt-out of marketing section below.
Service improvement and analytics.
We may use your personal information to analyze your usage of the
Service, improve the Service, improve the rest of our business, help
us understand user activity on the Service, including which pages are
most and least visited and how visitors move around the Service, as
well as user interactions with our emails, and to develop new
products and services.
(7) Retention
We retain Personal Information for as long as necessary to fulfil the
purposes for which we collected it, including for the purposes of
satisfying any legal, accounting, or reporting requirements, to
establish or defend legal claims, or for Compliance and protection
purposes. For further information pertaining to our Retention
practices, please see the ‘Data Retention’ section above.
(8) Sensitive Personal Information
We do not collect and we ask that you not provide us with any
sensitive Personal Information (e.g., social security numbers,
information related to racial or ethnic origin, political opinions,
religion or other beliefs, health, biometrics or genetic characteristics,
criminal background or trade union membership) on or through the
Service, or otherwise to us.
(9) No Automated Decision-Making and Profiling
As part of the Service, we do not engage in automated decision-
making and/or profiling, which produces legal or similarly significant
effects.
(10) European Users Rights
If you are an EU resident, you have specific rights regarding
accessing, correcting and deleting your Personal Information:
(i) the right to be informed about how your Personal Information is
being used;
(ii) the right to access the Personal Information we hold about you;
and
(iii) the right to request the correction of inaccurate Personal
Information we hold about you and to request the blocking or
deletion of your Personal Information where the processing does
not comply with local data protection laws.
To exercise any of the above rights, or if you have a question relating to
your rights, you (or your authorized representative) may submit a request to
us via the contact details displayed in the ‘ How to Contact Us’ section.
For information pertaining to our response time, deletion requests,
corrections, updates or changes to the Personal Information we hold about
you, please refer to the ‘Response Timing and Format regarding Requests
to Know or Delete’ section above.
If we decide not to change your Personal Information in the manner you
have requested, we will advise you of this in writing and your options if you
are not satisfied with our decision.
(11) Data Processing Outside Europe
We are a U.S.-based company and many of our service providers, advisers,
partners, or other recipients of data are also based in the U.S. This means
that, if you use the Service, your Personal Information will necessarily be
accessed and processed in the U.S. It may also be provided to recipients in
other countries outside Europe.
It is important to note that the U.S. is not the subject of an ‘adequacy
decision’ under the GDPR – basically, this means that the U.S. legal regime
is not considered by relevant European bodies to provide an adequate level
of protection for Personal Information, which is equivalent to that provided
by relevant European laws.
Where we share your Personal Information with third parties who are based
outside Europe, we try to ensure a similar degree of protection is afforded
to it by making sure one of the following mechanisms is implemented:
Transfers to territories with an adequacy decision. We may
transfer your Personal Information to countries or territories whose
laws have been deemed to provide an adequate level of protection for
personal information by the European Commission or UK Government
(as and where applicable) (from time to time).
Transfers to territories without an adequacy decision.
oWe may transfer your Personal Information to countries or
territories outside the EEA to a third country whose laws have
not been deemed to provide such an adequate level of
protection (e.g., the U.S., see above) and may not be subject to
an adequacy decision by the EU Commission or considered
adequate as determined by applicable data protection laws.
oHowever, in these cases:
▪we will use specific appropriate safeguards, which are
designed to ensure that your Personal Information
continues to receive the same protection that is at least
comparable to that provided in Europe or under the
applicable laws. We use the European Commission-
approved Standard Contractual Clauses or other data
transfer mechanisms available under applicable data
protection laws, and further contractual supplementary
measures where necessary to ensure the effectiveness of
the transfer mechanisms; or
▪in limited circumstances, we may rely on an exception, or
‘derogation’, which permits us to transfer your Personal
Information to such a country despite the absence of an
‘adequacy decision’ or ‘appropriate safeguards’ – for
example, reliance on your explicit consent to that transfer.
(12) You may contact us if you want further information on the specific
mechanism used by us when transferring your Personal Information
out of Europe. You may have the right to receive a copy of the
appropriate safeguards under which your Personal Information is
transferred by contacting us at privacy@vizcom.co
(13) User Contact Information
For users in the European Economic Area, the contact
information for the data protection regulator in your place of
residence can be found here:
https://edpb.europa.eu/about-edpb/board/members_en
For users in the UK
The contact information for the UK data protection regulator is below:
The Information Commissioner’s Office
Water Lane, Wycliffe House
Wilmslow - Cheshire SK9 5AF
Tel. +44 303 123 1113
Website: https://ico.org.uk/make-a-complaint/
Cookie Policy
To enhance your browsing experience and provide personalized content tailored to your interests, our website uses cookies and similar tracking technologies. By continuing to browse our site, you consent to our use of cookies in accordance with this Cookie Policy.
Cookies are small text files stored on your device when you visit a website. They enable the website to remember your actions, preferences, and visits, enhancing your browsing experience and providing valuable insights to help us improve our services.
We employ various types of cookies to ensure optimal website functionality and enhance user experience:
Essential Cookies: Essential Cookies: These are necessary for basic website operations, such as enabling page navigation, accessing secure areas, or managing user sessions. Without these cookies, the website cannot function properly.
Analytical Cookies: These cookies help us understand visitor interactions with our website by collecting information about page visits, time spent on the site, and other analytics data. This information is used to measure and improve website performance and user experience.
Functional Cookies: Functional cookies remember your preferences and choices, such as language settings or login details, providing a more personalized browsing experience and improved usability.
Our website may include cookies set by third-party service providers, such as analytics services or social media platforms. We do not control third-party cookie policies, so we recommend reviewing their respective privacy policies for more information about how they manage your data.
You can control and manage cookies directly through your browser settings. You have the option to accept, decline, or delete cookies at any time. However, disabling or declining cookies may affect website functionality and limit your ability to access certain features and services effectively.
We reserve the right to update or modify this Cookie Policy at any time. Changes will be effective immediately upon posting on our website. Your continued use of our site following updates indicates your acceptance of the revised policy.
Updates to Our Policies
We periodically review and update our Terms & Conditions, Privacy Policy, and Cookie Policy. Changes will be clearly posted on this page, and we recommend regularly reviewing these policies to stay informed about how we protect your information and manage our website.
Contact us
For any questions, concerns, or requests regarding these policies, please contact us directly at legal@vizcom.ai. We're happy to assist you.