Terms of Service

Effective starting: January 18, 2025

Welcome to Visuail, an AI-powered platform ("Service") operated by Visuail LLC, a California limited liability company. These Terms and Conditions ("Terms") govern your access to and use of our website and services located at visuail.com ("Site").

By using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Use of the Service

1.1 Eligibility

You must be at least 18 years old and capable of entering into a legally binding contract to use the Service.

1.2 Account Registration

You may be required to create an account. You agree to provide accurate information and keep it updated. You are responsible for maintaining the confidentiality of your credentials.

1.3 License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for lawful purposes only.

2. Intellectual Property

All content on the Service, including software, design, text, images, and logos, is the intellectual property of Visuail LLC or its licensors and is protected under applicable copyright and intellectual property laws. You may not copy, modify, distribute, or create derivative works without prior written permission.

3. Restrictions

You agree not to reverse engineer, decompile, disassemble, or misuse the Service in any unlawful or unauthorized manner.

4. User Content

You retain ownership of all content you upload ("User Content"). By uploading, you grant us a worldwide, royalty-free license to use it solely to operate and improve the Service.

5. Data and Privacy

Your use of the Service is also governed by our Privacy Policy.

6. Disclaimers

The Service is provided "as is" without warranties of any kind. We do not guarantee uninterrupted or error-free operation.

7. Limitation of Liability

To the extent permitted by law, Visuail LLC shall not be liable for any indirect, incidental, or consequential damages. Our liability shall not exceed the amount paid by you in the past twelve (12) months.

8. Indemnification

You agree to indemnify and hold harmless Visuail LLC and its affiliates from any claims resulting from your use of the Service or your violation of these Terms.

9. Termination

We reserve the right to suspend or terminate your access to the Service at any time and for any reason.

10. Governing Law

These Terms are governed by the laws of the State of California. All disputes will be resolved in courts located in San Mateo County, California.

11. Modifications

We may update these Terms from time to time. We will notify you of significant changes. Continued use of the Service constitutes acceptance of the updated Terms.

12. Contact

For questions about these Terms, please contact us at support@visuail.com.

13. Service Evolution

The Service may evolve over time. Features may be added, modified, or removed, and functionality may change as we continue to improve the product.

While we strive to provide a reliable experience, we do not guarantee uninterrupted access, and occasional downtime, errors, or data loss may occur.

14. Dispute Resolution and Arbitration

If you have any issue or dispute with Visuail LLC, we encourage you to reach out to us first at support@visuail.com so we can try to resolve it informally. Most concerns can be quickly resolved in this way.

If we cannot resolve the dispute informally, you and Visuail LLC agree to resolve any claim, dispute, or controversy arising out of or in connection with the Service by final and binding arbitration. This means you waive the right to a trial by jury or to participate in a class action lawsuit.

The arbitration will be conducted in San Mateo County, California, under the rules of the American Arbitration Association (AAA), and will be governed by the Federal Arbitration Act and California state law.

You may opt out of this arbitration agreement within 30 days of first using the Service by sending an email to support@visuail.com with the subject line "Arbitration Opt-Out."

To the extent permitted by law, this agreement excludes the application of the laws of any other jurisdiction, and any dispute shall be resolved exclusively under U.S. federal law and the laws of the State of California.

The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court with jurisdiction. Arbitration shall be conducted on an individual basis only; class arbitrations and class actions are not permitted.

15. Use of AI Services

The Service may utilize third-party artificial intelligence (AI) models and systems, to generate content, suggestions, or insights. By using the Service, you acknowledge and agree that such AI-generated output is provided "as is" and may not always be accurate, complete, or appropriate for your specific use case.

You are solely responsible for reviewing and verifying any AI-generated content before using it in any context. Visuail LLC does not guarantee the quality, truthfulness, legality, or reliability of any content generated via AI and disclaims all liability arising from its use.

Use of the Service in connection with AI features is also subject to the terms of the respective third-party providers.

16. User Conduct, Content, and Termination

You agree not to use the Service to create, upload, or distribute any content that is illegal, unlawful, harmful, offensive, deceptive, infringing, harassing, defamatory, obscene, or otherwise objectionable. This includes content generated by AI features.

You are solely responsible for any content you create using the Service. Visuail LLC does not assume responsibility for user-generated or AI-generated content and is not obligated to monitor or review it.

We reserve the right, at our sole discretion, to refuse, remove, or disable access to any content for any reason, at any time, with or without notice.

We also reserve the right to suspend or terminate your access to the Service, temporarily or permanently, at any time, for any reason, including (but not limited to) violations of these Terms, suspected misconduct, or legal concerns.

We may also cooperate with law enforcement or third parties if we believe your use of the Service violates applicable laws or rights.

17. Indemnification

You agree to indemnify, defend, and hold harmless Visuail LLC and its affiliates, officers, directors, employees, agents, and third-party service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees and costs) arising out of or in any way connected with:

• Your access to or use of the Service;
• Your violation of these Terms;
• Your content, including any user-generated or AI-generated content you create or share;
• Your violation of any third-party rights, including intellectual property, confidentiality, or privacy rights.

This indemnification obligation applies to claims brought by other users, third parties, and government authorities. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

18. Limitation of Liability

To the fullest extent permitted by law, Visuail LLC and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or revenue, whether incurred directly or indirectly, arising from your use of the Service or reliance on any AI-generated content.

In no event shall our total cumulative liability to you for all claims relating to the Service exceed the greater of: (a) the amount you paid us in the twelve (12) months prior to the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

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

19. Copyright Complaints & DMCA Policy

If you believe that any content on the Service infringes your copyright, please notify us at support@visuail.com with the following information: a description of the copyrighted work, the URL or location of the allegedly infringing material, your contact details, a statement that you believe the use is unauthorized, and your signature. We may remove or disable access to the content in question.

20. Export Control

You may not use the Service if you are located in a country subject to U.S. government embargoes, sanctions, or restrictions, or if you are listed on any U.S. government list of prohibited or restricted parties.

21. No Refunds

All payments made to Visuail LLC for use of the Service are non-refundable. This includes one-time payments, subscriptions, and any other fees, regardless of usage or satisfaction.

We do not offer partial or prorated refunds for unused time or features. If you cancel your subscription or stop using the Service, you will not receive a refund for any remaining time on your plan.

22. Eligibility and Account Information

By using the Service, you represent and warrant that you are at least 18 years of age, or the legal age of majority in your jurisdiction. You also agree to use your true and legal name when creating an account or interacting with the Service.

You may not create an account or access the Service if you have been previously suspended or terminated by Visuail LLC. You further agree not to create multiple accounts for the purpose of circumventing restrictions or enforcement actions.

You are responsible for providing accurate, current, and complete information at all times, and for maintaining the security of your account. You are solely responsible for all activity that occurs under your account.

23. Contact Information

You agree to keep your contact information, including your email address, accurate and up to date. We are not responsible for any missed notices or updates if you fail to maintain a valid email address associated with your account.

You agree that we may provide you with notices regarding the Service, including changes to these Terms, by email or by posting on the Visuail website. Notices will be deemed given when sent or posted, regardless of whether you actually read them.

24. Screen Recording, Audio Features and Chrome Extension

The Service, including the Visuail web application and Chrome Extension, may allow you to record screen content, browser tabs, windows, or audio. You are solely responsible for ensuring that you have all necessary rights, consents, and permissions to record and upload any such content. You must not record or share any content that violates privacy, intellectual property, or confidentiality laws. By using these recording features, you consent to the processing, storage, and transmission of your recordings to our servers for playback, editing, or AI-based enhancement features. We do not review or monitor your recordings except as required to operate and maintain the Service, comply with legal obligations, or at your request. Recordings are transmitted securely and handled in accordance with our Privacy Policy.

25. Entire Agreement + Severability

These Terms constitute the entire agreement between you and Visuail LLC regarding the Service and supersede all prior agreements or understandings.