Terms of Service

Agreement to these Terms

These Terms of Service (the “Terms”) are a binding agreement between you and Aspen Labs, LLC (“Vizzion,” “we,” “us,” or “our”) and govern your use of our websites at vizzion.io and app.vizzion.io, our customer dashboard, the embeddable visualization widget, and related services (together, the “Service”).

By accessing or using the Service — including by embedding the widget, creating an account, or uploading a photo through a widget — you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service. If you use the Service on behalf of a business, you represent that you are authorized to bind that business, and “you” refers to that business.

Definitions

• “Customer” means a business that registers for or subscribes to Vizzion and embeds the widget on a website it controls.
• “End User” means a person who interacts with the widget on a Customer’s website (for example, by uploading a photo and entering an email).
• “User Content” means content you provide, including photos you upload and the selections you make.
• “Visualization” means an image generated by the Service that previews a product, material, or service applied to a photo.

The Service

Vizzion provides software that lets a Customer embed a widget on its website. An End User uploads a photo, selects options the Customer has configured, and the Service generates a Visualization that previews how a product or service might look. Where the Customer enables it, the End User provides an email address to receive or reveal the Visualization, and the Customer receives the submission as a lead. Vizzion provides the software only; it does not provide the products or services that Customers sell and is not a party to any transaction between a Customer and an End User.

Eligibility and accounts

You must be at least 18 years old to use the Service. The Service is intended for business use by Customers and for personal, non-commercial use by End Users previewing a product or service.

If you create an account, you must provide accurate information and keep it current. You are responsible for safeguarding access to your account and for all activity that occurs under it. Sign-in may use a one-time link sent to your email; keep that email secure. Notify us promptly at trey@vizzion.io if you suspect unauthorized use.

Subscriptions, billing, and trials

Vizzion offers free and paid plans. The plans, features, usage limits, and current prices are described on our pricing page. By selecting a paid plan, you agree to the fees, billing period, and usage limits that apply to it.

• Subscription term and renewal. Paid plans are offered on a subscription basis (for example, monthly or annually) and renew automatically for successive periods of the same length unless cancelled before the renewal date.
• Free trials. We may offer a free trial on paid plans. Unless you cancel before the trial ends, the plan may convert to a paid subscription. Trial terms shown at sign-up control.
• Plan changes. You can request to upgrade, downgrade, or change plans by contacting trey@vizzion.io; changes are applied on a prorated basis. Usage above your plan’s limits may be subject to the overage settings you select or may pause certain features until the next cycle.
• Cancellation. You may cancel at any time. Cancellation stops future renewals; unless required by law, access continues until the end of the period you have already paid for.
• Taxes. Fees are exclusive of taxes, and you are responsible for any applicable taxes other than taxes on our income.
• Price changes. We may change prices or plan features. We will provide reasonable advance notice, and changes take effect on your next billing period.
• Refunds. Except where required by law or expressly stated in writing, fees are non-refundable, and there are no refunds or credits for partial periods or unused capacity.

Customer responsibilities (businesses using the widget)

If you are a Customer, you also agree that:

• You control your website and configuration. You are responsible for where you embed the widget, the domains you allow, the materials and options you configure, and your use of the leads and Visualizations you receive.
• You provide your own legal notices and consents. You will maintain your own privacy policy and obtain any notices, permissions, or consents required for collecting and using End-User information through the widget. As between you and Vizzion, you are the party responsible for that information (the controller or business), and Vizzion acts as your service provider or processor, as described in our Privacy Policy. A data processing addendum is available on request at trey@vizzion.io.
• You will use leads lawfully. You will comply with all laws that apply to your outreach and marketing (for example, email and communications laws) and will honor End-User requests to access, correct, or delete their information.
• You will not misrepresent Visualizations. You will not present a Visualization as a photograph of a completed project, a guarantee of results, or a binding quote, and you will not remove or obscure any disclaimers.
• Brand assets. You grant Vizzion a limited license to use your name, logo, and brand assets solely to operate the Service for you (for example, branding the widget and result emails).

Terms for End Users (people using a widget)

If you use a widget on a business’s website:

• You are interacting with that business, which is responsible for its products, services, pricing, and follow-up communications. Vizzion provides the visualization software only.
• You may upload a photo and provide an email address to receive a Visualization. Standard message and data rates may apply to any communications you receive.
• The business and Vizzion will handle your information as described in the business’s privacy notice and in our Privacy Policy.

Your content and the rights you grant

You keep ownership of your User Content. Uploading content does not transfer ownership to us.

To operate the Service, you grant Vizzion and the Customer whose widget you used a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for example, to generate a Visualization), create derivative works from, and display your User Content and the resulting Visualization, in order to provide and improve the Service, communicate with you, and as otherwise described in our Privacy Policy. This license ends when the content is deleted from our active systems, except for residual backup copies and as needed to comply with law or resolve disputes.

When you submit User Content, you represent and warrant that:

• you have all rights and permissions necessary to submit it and to grant the license above;
• the content does not infringe or violate anyone’s rights;
• the content does not depict a person without that person’s consent (or, for a minor, the consent of a parent or legal guardian); and
• you are at least 18 years old, and any photo depicting a person is of an adult who has agreed.

Acceptable use

You agree not to, and not to allow anyone to:

• use the Service in violation of any law or to upload content you have no right to use;
• upload photos of other people or property without permission, or upload unlawful, infringing, hateful, harassing, or sexually exploitative content — uploading any sexual content involving a minor is strictly prohibited;
• upload malware, attempt to gain unauthorized access, probe or test the security of the Service, or interfere with its operation;
• scrape, copy, or harvest data; reverse engineer; or use the Service to build a competing product;
• circumvent usage limits, verification, or other technical protections; resell or sublicense the Service except as expressly permitted; or
• misrepresent a Visualization as a real, completed, or guaranteed result, or use the Service to deceive.

We may investigate suspected violations and may remove content or suspend access to protect the Service and its users.

Visualizations are illustrative previews

Intellectual property and feedback

The Service, including its software, design, text, and trademarks (but excluding your User Content and a Customer’s own brand assets), is owned by Vizzion or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. You may not use our name or logos without permission, except to accurately refer to the Service.

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

Third-party services

The Service relies on third-party providers (for example, hosting, storage, email delivery, image generation, and abuse prevention) and may link to or interoperate with third-party websites and services. We are not responsible for third-party services, and your use of them may be governed by their own terms and policies. The providers we use to process personal information are described in our Privacy Policy.

Copyright and content complaints

We respect intellectual property rights. If you believe content on the Service infringes your copyright, send a notice to trey@vizzion.io that includes: (1) your signature; (2) identification of the copyrighted work; (3) identification of the allegedly infringing material and where it is located; (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized; and (6) a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act on the owner’s behalf.

We may remove allegedly infringing content and may terminate repeat infringers. If you believe your content was removed in error, you may submit a counter-notice using the same contact.

Disclaimers

THE SERVICE AND ALL VISUALIZATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT VISUALIZATIONS WILL BE ACCURATE, RELIABLE, OR REPRESENTATIVE OF ANY ACTUAL PRODUCT, SERVICE, OR RESULT. VIZZION IS NOT A PARTY TO, AND IS NOT RESPONSIBLE FOR, ANY TRANSACTION OR AGREEMENT BETWEEN A CUSTOMER AND AN END USER. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, VIZZION AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You will defend, indemnify, and hold harmless Vizzion and its affiliates from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or relating to your User Content, your use of the Service, your violation of these Terms or any law, or, if you are a Customer, your handling of End-User information and your products, services, and communications. We may assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate with us.

Suspension and termination

You may stop using the Service at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms, if your use poses a risk to the Service or others, or as needed to comply with law. We may also discontinue the Service or any part of it. Upon termination, your right to use the Service ends; sections that by their nature should survive (including content licenses already granted, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

Changes to the Service and these Terms

We may modify the Service and these Terms from time to time. When we make material changes to these Terms, we will update the “Last updated” date at the top and, where appropriate, provide additional notice. Changes take effect when posted unless stated otherwise, and your continued use of the Service after that means you accept the revised Terms. If you do not agree, stop using the Service.

Governing law and dispute resolution

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules, and by applicable U.S. federal law.

Informal resolution first

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at trey@vizzion.io. If we cannot resolve it within 60 days, either party may pursue the options below.

Binding individual arbitration

Except for the exceptions below, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis, administered by a recognized arbitration provider under its applicable rules. Arbitration will take place in the State of Florida or another mutually agreed location, and judgment on the award may be entered in any court of competent jurisdiction.

Exceptions and opt-out

Either party may bring an individual claim in small-claims court or seek injunctive relief to protect intellectual property or stop misuse. You may opt out of arbitration by emailing trey@vizzion.io within 30 days of first accepting these Terms; if you opt out, disputes will be resolved in the state or federal courts located in the State of Florida, and you and Vizzion consent to their jurisdiction. To the extent a dispute proceeds in court rather than arbitration, those courts have exclusive jurisdiction and venue.

General terms

• Entire agreement. These Terms and the documents they reference are the entire agreement between you and Vizzion regarding the Service and supersede prior agreements on that subject. A separate signed agreement with Vizzion, if any, controls where it conflicts with these Terms.
• Severability. If any provision is found unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Notices. We may provide notices to you by email, through the Service, or by posting them. You may send notices to us at trey@vizzion.io.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Export and sanctions. You will comply with applicable export-control and sanctions laws and will not use the Service if you are barred from doing so.

Contact us

Questions about these Terms can be sent to:

• Email: trey@vizzion.io