Terms of service
Application of these terms
These Terms will only apply if:
(a) Subscriber’s business activity is not in the context of the activities of an establishment of Subscriber in the EEA; and/or
(b) Subscriber is not offering services to data subjects who are in the EEA
If Subscriber’s business activity is in the context of the activities of an establishment of Customer in the EEA or Subscriber is offering services to data subjects who are in the EEA, Subscriber is required to sign additional Data Processing Agreement before downloading and installing any Visuals API application. The Data Processing Agreement is available on request by contacting us at [email protected]
Modifications to These Terms
We reserve the right at all times to discontinue or modify any part of these Terms as we deem necessary or desirable. We suggest that you revisit our Terms from time to time to ensure that you stay informed of any such changes to the Visuals API Service. Your use of the Visuals API Service after we update these Terms will constitute acceptance of the modified Terms. We also reserve the right to change or discontinue any aspect or feature of the Visuals API Service, including, but not limited to, requirements for access or use.
Modifications to The Visuals API Service
You understand and agree that the Visuals API Service may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. We may, in our sole discretion, elect to suspend or terminate access to or use of the Visuals API Services to anyone who violates these Terms.
To utilize the Visuals API Service, you need to create an account by registering on the Visuals API contact form.
Subscription Period, Subscription Fees Subscription Period
Your subscription can be on a month-to-month, yearly, quarterly basis, or another duration as described in your account features (“Subscription Period”).
The subscription is subject to fees based on your chosen account type (“Subscription Fees”). For renewals, Visuals API or its payment processor may automatically charge your card the current fee for your account type, plus applicable taxes, with all payments being non-refundable. Your card will be charged an advance subscription fee on the day you sign up for a Paid Account. In case of payment issues, Visuals API reserves the right to suspend or terminate your account and these Terms. Price changes or material feature reductions will be communicated at least thirty days in advance and will apply upon your next subscription renewal.
Renewals and Cancellations
To ensure a seamless experience, your Visuals API account will auto-renew using the payment information provided, unless canceled before the current Subscription Period ends. By proceeding with payment, you authorize recurring charges for subsequent periods. Cancellations, effective immediately, can be done anytime via customer service. Post-cancellation, Visuals API access will cease, with no refund for paid fees.
Occasionally, we may introduce extra features to enhance the Visuals API service, available for an additional fee. Unless otherwise specified, these Terms apply to such offerings.
Visuals API Service Limitations
We strive to maintain the Visuals API service available 24/7 but do not guarantee uninterrupted access. We aren’t liable for any service unavailability and may not provide support, updates or maintenance unless part of your plan. A 24-hour notice is aimed for scheduled downtime. Access may be suspended or terminated if your usage negatively affects the service or violates these Terms.
You shall not, nor allow others to, transmit sensitive or criminal offense data via Visuals API. Any such data transmitted will be at your own risk and responsibility, and deemed as occasional submission.
License to Use the Visuals API
Service License:Subject to these Terms, Visuals API grants you a revocable, limited, non-transferable, non-exclusive license to (i) access and use the Visuals API Service; (ii) integrate the Visuals API in your applications. Except for the license grant, these Terms don’t grant any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in the Visuals API Service, which remains with Visuals API. All updates to the Visuals API Service are governed by these Terms.
Compliance: You agree to abide by local laws regarding your right to download, install, import, export or use the Visuals API, and ensure you have sufficient consent and rights to access, use, and store data via the Visuals API Service. You agree not to (a) sell, rent, lease, transfer, assign, or otherwise commercially exploit the Visuals API Service; (b) modify, adapt, or hack the Visuals API Service or attempt unauthorized access; (c) use the Visuals API Service unlawfully or infringe on any intellectual property rights; (d) disrupt the integrity or performance of the Visuals API Service; (e) decipher, decompile, reverse engineer, or discover the source code of any software; (f) use the Visuals API Service for malicious purposes or violate these Terms.
Support: Visuals API will use reasonable efforts to provide you with maintenance and support for the Visuals API Service in line with its standard practices (the “Support Services”). The current support policy will be provided upon request. Visuals API is not obligated to support versions other than the current and immediate prior version. Any patches, updates or new versions will be provided to subscribers with the same level of support.
Protection of Service Data, Security & Privacy, Confidentiality
Visuals API will maintain reasonable administrative, physical, and technical safeguards for the protection, confidentiality, and integrity of Service Data transmitted through the Visuals API Service. Service Data refers to electronic data, text, or other materials submitted and stored within the Visuals API Service by the Subscriber. Notwithstanding, the Subscriber is solely responsible for compliance with all applicable laws regarding the collection and/or processing of Personal Data.
To the extent Service Data constitutes Personal Data, the Subscriber is the data controller, and Visuals API is the data processor. For a signed Data Processing Agreement, contact us at [email protected]. By agreeing to these Terms, the Subscriber grants Visuals API a general authorization to engage processors for providing the Visuals API Service. Visuals API will inform the subscriber of any changes in such processors in accordance with the procedure of modifying these Terms.
List of Processors
- Amazon Web Services – Web hosting, file storage, and backup services in Ireland and the US (Privacy Shield certified).
- Google LLC, Google Ireland Limited, Google Asia Pacific Pte. Ltd., or related entities (“Google”).
- OVH Groupe SA – Web hosting, file storage, and backup services.
“Confidential Information” encompasses all confidential or proprietary information and documentation. Exceptions include information publicly known, already known to the receiving party, learned from a lawful third party, or required by law to be disclosed. Both Visuals API and the Subscriber agree to maintain confidentiality and only use such information for the service.
Intellectual Property Rights: Visuals API service, materials, software, trade names, and trademarks are exclusively owned by Visuals API and protected by relevant laws. Usage does not grant any ownership or intellectual property rights. Commercial or promotional use requires prior written permission. All rights not expressly granted in these Terms are reserved by Visuals API.
Term and Termination
Your rights to use the Visuals API service remain effective until the end of the applicable Subscription Period unless terminated earlier. These Terms may terminate without notice upon (i) your choice to cancel your account, (ii) the posting of a new version of these Terms with notice to you through the Visuals API service, or (iii) any material breach by the Subscriber, its agents, or Customers of these Terms.
Upon termination, all licenses granted to you by Visuals API will cease, and you are required to promptly delete or uninstall any Visuals API applications or widgets, as applicable.
Disclaimer of Warranties
THE VISUALS API SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VISUALS API EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VISUALS API DOES NOT WARRANT THAT:
(I) THE USE OR QUALITY OF THE VISUALS API SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE RESULTS OBTAINED FROM USE OF THE VISUALS API SERVICE WILL BE ACCURATE OR RELIABLE; OR (III) ANY ERRORS IN THE VISUALS API SERVICE WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE VISUALS API SERVICE REMAINS WITH YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VISUALS API OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (AND WITH RESPECT TO FREE ACCOUNTS FOR ANY DIRECT DAMAGES), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION OR DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE WIDGET OR THE VISUALS API SERVICE EVEN IF VISUALS API OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL VISUALS API’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF MONEY THAT YOU HAVE PAID TO VISUALS API IN THE PRECEDING TWELVE MONTHS PERIOD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN VISUALS API AND RECEIVED THROUGH OR ADVERTISED ON OR THROUGH THE VISUALS API SERVICE. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF VISUALS API’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE VISUALS API PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY VISUALS API.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, VISUALS API’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Any claims or damages that you may have against Visuals API shall only be enforceable against Visuals API and not any other entity or its officers, directors, shareholders, representatives or agents.
YOU ACKNOWLEDGE AND AGREE THAT THE INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS AND THAT (i) THE INTERNET IS NOT A SECURE INFRASTRUCTURE, (ii) VISUALS API HAS NO CONTROL OVER THE INTERNET, AND (iii) VISUALS API SHALL NOT BE LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW RELATED TO THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET THAT MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE VISUALS API SERVICE.
You agree to indemnify, defend and hold Visuals API and its officers, directors, employees, shareholders, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees in connection with (i) your use of the Visuals API Service,
(ii)your agents and Customers’ use of the Visuals API Service; (iii) your violation of these Terms, (iv) your agents and Customers’ violation of these Terms; (v) your violation of any third-party rights, including any intellectual property rights; or (vi) your agents and Customers’ violation of any third-party rights, including any intellectual property rights.
By using the Visuals API Service, you consent to receive electronic communications from Visuals API. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Visuals API Service. These electronic communications are part of your relationship with Visuals API. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Dispute Resolution and Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in San Francisco County, California.
The parties agree that they shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, the parties agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions
This provision shall survive the termination of these Terms. Change of the Terms We reserve the right to make changes to the Visuals API Service or these Terms at any time. Such amended Terms shall be effective within 10 days from posting through the Visuals API Service and will have no effect on transactions that were completed before such posting. Please check the Terms published on the Visuals API Service regularly to ensure that you are aware of all terms governing the Visuals API Service. Our failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of these Terms.
Export Compliance and Use Restrictions
The Visuals API Service and any associated software may be subject to U.S. export control and economic sanctions laws. You agree to comply with all such laws and regulations as they relate to access to and use of the Visuals API Service by you, your agents and Customers. You shall not access or use the Visuals API Service if you are located in any jurisdiction in which the provision of the Visuals API Service is prohibited under U.S. or other applicable laws or regulations (a “Prohibited Jurisdiction”) and you shall not provide access to the Visuals API Service to any government, entity or individual located in any Prohibited Jurisdiction. You represent, warrant and covenant that (a) you are not named on any U.S. government list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person; (b) you are not a national of, or a company registered in, any Prohibited Jurisdiction; (c) you shall not permit agents or Customers to access or use the Services in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions; and (d) you shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you, your agents and Customers are located.
If you have any questions about these Terms or otherwise need to contact Visuals API for any reason, you can reach us at [email protected]