Terms Of Use

Last updated November 01, 2024

AGREEMENT TO OUR LEGAL TERMS

We are VisionAriser Technology Ltd (Company', 'we', 'us', or 'our'), a company registered in the United Kingdom at 85 Great Portland Street, London W1W 7LT.

We operate the website https://visionariser.com (the 'Site'), the mobile application VisionAriser (the 'App'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').

You can contact us by email at contact@visionariser.com or by mail to 85 Great Portland Street, London W1W 7LT, United Kingdom.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and VisionAriser Technology Ltd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by contact@visionariser.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
SUBSCRIPTIONS
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENCE
MOBILE APPLICATION LICENCE
SOCIAL MEDIA
SERVICES MANAGEMENT
PRIVACY POLICY
COPYRIGHT INFRINGEMENTS
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including:
All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content')
Trademarks, service marks, and logos contained therein (the 'Marks')

Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world. They are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to:

Access the Services
Download or print a copy of any portion of the Content for your personal, non-commercial use or internal business purpose

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@visionariser.com.

If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors and ensure that any copyright or proprietary notice appears or is visible.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the rights and obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission.

You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services.

When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions for any purpose, commercial, advertising, or otherwise.

This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

Confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading
To the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution
Warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions
Warrant and represent that your Submissions and/or Contributions do not constitute confidential information

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of this section, any third party's intellectual property rights, or applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the 'COPYRIGHT INFRINGEMENTS' section below.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete
You will maintain the accuracy of such information and promptly update it as necessary
You have the legal capacity and agree to comply with these Legal Terms
You are not a minor in your jurisdiction of residence
You will not access the Services through automated or non-human means
You will not use the Services for any illegal or unauthorized purpose
Your use of the Services will not violate any applicable law or regulation

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to:

Keep your password confidential
Be responsible for all use of your account and password
Allow us to remove, reclaim, or change an inappropriate, obscene, or objectionable username

5. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Cancellation

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at contact@visionariser.com.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

6. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services without written permission
Trick, defraud, or mislead us and other users
Circumvent, disable, or interfere with security-related features of the Services
Disparage, tarnish, or otherwise harm us and/or the Services
Use any information obtained from the Services to harass, abuse, or harm another person
Make improper use of our support services or submit false reports of abuse or misconduct
Use the Services in a manner inconsistent with any applicable laws or regulations
Engage in unauthorized framing of or linking to the Services
Upload or transmit viruses, Trojan horses, or other material that interferes with any party's use of the Services
Engage in any automated use of the system, such as using scripts to send comments or messages
Delete the copyright or other proprietary rights notice from any Content
Attempt to impersonate another user or person
Upload or transmit any material that acts as an information collection or transmission mechanism
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services
Harass, annoy, intimidate, or threaten any of our employees or agents
Attempt to bypass any measures of the Services designed to prevent or restrict access
Copy or adapt the Services' software
Decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services
Use, launch, develop, or distribute any automated system
Make any unauthorized use of the Services
Sell or transfer your profile
Use the Services to advertise or offer to sell goods and services

7. USER GENERATED CONTRIBUTIONS

The Services may invite you to:

Chat, contribute to, or participate in blogs, message boards, and online forums
Create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials
Represent and warrant that your Contributions:
- Do not infringe proprietary rights
- Are created by you or have necessary licenses, rights, consents, releases, and permissions
- Have the consent of identifiable individuals and are not false, inaccurate, or misleading
- Are not unsolicited or unauthorized advertising, promotional materials, or other forms of solicitation
- Are not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable
- Do not ridicule, mock, disparage, intimidate, or abuse anyone
- Are not used to harass or threaten any other person or promote violence
- Do not violate any applicable law, regulation, or rule
- Do not violate the privacy or publicity rights of any third party
- Do not violate any applicable law concerning child pornography or intended to protect minors' well-being
- Do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap
- Do not otherwise violate any provision of these Legal Terms or any applicable law or regulation

Violation of the above may result in termination or suspension of your rights to use the Services.

8. CONTRIBUTION LICENCE

By posting your Contributions, you automatically grant, and represent and warrant that you have the right to grant, to us:

An unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, and distribute such Contributions
A license that applies to any form, media, or technology now known or hereafter developed
We do not assert any ownership over your Contributions. You retain full ownership and any intellectual property rights associated with your Contributions.
We have the right to edit, re-categorize, pre-screen, or delete any Contributions at any time and for any reason, without notice.

9. MOBILE APPLICATION LICENCE

Use Licence

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms. You shall not:

Decompile, reverse engineer, or attempt to derive the source code of the App
Use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended
The following terms apply when you use the App obtained from either the Apple Store or Google Play

10. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a 'Third-Party Account') by either:

Providing your Third-Party Account login information through the Services
Allowing us to access your Third-Party Account

11. SERVICES MANAGEMENT

We reserve the right to:

Monitor the Services for violations of these Legal Terms
Take appropriate legal action against violators
Manage the Services to protect our rights and property

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://visionariser.com/privacy. By using the Services, you agree to be bound by our Privacy Policy.

13. COPYRIGHT INFRINGEMENTS

If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a 'Notification').

14. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.

Denial of access: We reserve the right to deny access to and use of the Services, including blocking certain IP addresses, without notice or liability, for any reason or for no reason.
Termination: We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
Prohibited actions: If we terminate or suspend your account, you are prohibited from registering and creating a new account under certain conditions.
Legal action: We reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to:

Change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice.
Not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
Experience interruptions, delays, or errors due to hardware, software, or other problems or maintenance related to the Services.
Change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.

16. GOVERNING LAW

These Legal Terms are governed by and interpreted following the laws of the United Kingdom.

If your habitual residence is in the EU and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence.
VisionAriser Technology Ltd and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Cambridgeshire.

17. DISPUTE RESOLUTION

Informal Negotiations: The Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration: Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator.

Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually.

Exceptions to Informal Negotiations and Arbitration: The Parties agree that certain Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration.

18. CORRECTIONS

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

19. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.

We disclaim all warranties, express or implied, in connection with the Services and your use thereof.
We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites or mobile applications linked to the Services.
We will not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

20. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.

Our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.
Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand.

22. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications.

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

24. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

25. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.

Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.