Terms of Service
Welcome to Vizzly Technology Inc. (“Vizzly,” “we,” “us,” or “our”). These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Vizzly regarding your access to and use of the Vizzly platform, website, and related services (collectively, the “Service”).
By accessing or using the Service, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. Please read these Terms carefully, as they contain important information regarding your rights, obligations, and legal remedies. They include provisions such as limitations of liability, disclaimers of warranties, and dispute resolution procedures.
If you have any questions about these Terms, please contact us at founders@vizzly.co.
These Terms are a legal agreement between you (“Licensee” or “you” and its derivatives) and Vizzly. The agreement consisting of these Terms and other documentation referred to in these Terms ("Agreement") shall govern your use of the Vizzly service (“Service”) that enables users (the “User” or “Project Owner”) to build dashboards and reporting capabilities for web applications or websites (collectively, a “Project”) that can be made accessible for use by your team, organisation or third-party customers, partners or visitors (“End Users”). This Agreement governs your use of any products and services provided by Vizzly including the website at Vizzly.co (the “Site”) and your access to and use of our Project building, hosting, and management platform (the “Platform”). By entering into a transaction on the Site or Platform, you agree to be bound by the terms and conditions set out below (the “Contract”).
These Terms do not apply to any third party websites, services and applications (“Third Party Services”) that you may access through the Platform, such as payment processors or messaging applications. We are not responsible for the content or practices of Third Party Services and provide links to Third Party Services only for the convenience of our users. We encourage you to carefully review the terms of service of any Third Party Service you access through the Platform.
If you have any question relating to the Terms before you enter into a transaction, please contact founders@vizzly.co. If you do not wish to be bound by this Contract, do not use, access or register with the Service.
Subject to these Terms, Vizzly grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to access and use the functionality of the Platform to build, host and manage Projects. The license granted here includes the right to access, use, and make a reasonable number of copies of any written descriptions of the functionality, technical requirements, or use of the Platform (collectively, “Documentation”), and to use any changes to the Platform made available to all Vizzly Users at no additional cost (each, an “Update”) when each Update is made available. Such updates are applied automatically to the Platform.
Except as explicitly permitted in these Terms, you may not, directly or indirectly: (i) modify or create derivative works of the Platform; (ii) decompile or reverse engineer the Platform; (iii) rent, lease, share, distribute, or sell the Platform to any third party; (iv) remove, alter or deface proprietary notices in the Platform or Documentation; (v) interfere with the Platform’s operation; (vi) use the Platform to violate the law or the rights of any third party; or (ix) attempt to do any of the foregoing.
Vizzly reserves the right to terminate the Agreement upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format.
Vizzly only provides the Service for the purpose of enabling the Project Owner to build the Project. Vizzly does not operate the Project in any way and does not assume any responsibility or liability for any business, transactions and activities carried out in the Project. The Project may not be used for business, transactions and activities that are illegal. Furthermore, you agree not to use the Service in any other way that harms or may harm the reputation of Vizzly, or which may endanger the provision of the Service to other parties. Such activities include, but are not limited to, any unauthorised load testing, security testing or any other use of the Service that causes an unreasonable load on the resources used by Vizzly to provide the Service.
You are solely responsible for providing the required terms of use, terms of sale, other terms as well as legally mandated documents (including without limitation privacy policies) applicable to the use of the Project by the End Users of the Project (together the "Project Terms"). You shall ensure that the Project Terms are available to the End Users of the Project at all times and that such End Users have accepted and shall comply with the Project Terms. You may determine the actual terms and conditions of the Project Terms, but you are solely responsible for ensuring that such terms and conditions comply with all applicable laws, rules and regulations and the terms and conditions of this Agreement at all times.
To access the Platform, you must create an account (an “Account”). All personal information that we collect in relation to your Account is subject to our Privacy Policy. You are solely responsible for ensuring that the personal data relating to the End Users of the Project is collected and processed in accordance with all applicable laws.
Fees may be applicable to the use of the Service, for which you will need an active and fully paid-for Subscription ("Subscription") over the Term ("Term") of your use of the Service, from Account creation to termination. Where a free trial period ("Trial") is offered after Account creation, Vizzly will temporarily waive the requirement for a paid Subscription for use of the Service. You will be informed via the Platform or a member of the Vizzly team prior to the end of your Trial period about the requirement to upgrade to a paid Subscription.
Vizzly reserves the right to change its price lists. Vizzly shall notify existing Users of a change in the fees charged for the Service at least thirty (30) days in advance. Should you wish not to accept such a change in fees, you may terminate this Agreement in accordance with the terms below.
Unless separately agreed otherwise, any fees shall be charged monthly in advance for monthly subscriptions and yearly in advance for annual subscriptions. For invoices sent separately, the payment term is thirty (30) days from the date of the invoice. Vizzly reserves the right to suspend the provision of the Service due to any payments that remain unpaid after the thirtieth (30th) day from the payment date of the invoice until such due amounts have been paid in full.
All listed fees and any amounts payable are net amounts, exclusive of possibly applicable VAT, sales tax, or any other applicable taxes and charges imposed by any government entity in connection with your use of the Service. You are solely liable for any such taxes and charges.
Your Failure to Pay or Failure to Pay on Time: If you have any outstanding balance due on your account, then we have the right to withhold Delivering any Product and Services to you until you have paid your account balance in full. If your payment is late, we may charge interest on your outstanding late balance at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by law, calculated from the date such amount was due until the date that payment is received by us. You agree to reimburse us for all reasonable costs and expenses incurred (including reasonable attorneys' fees) in collecting any overdue amounts.
Vizzly will use commercially reasonable efforts to make the Platform available at all times, except for scheduled downtime and any unavailability caused by events beyond our reasonable control, such as fires, natural disasters, government actions, civil unrest, Internet service provider failures or delays, or denial of service attacks that would not be stopped by the use of standard security measures.
Vizzly will provide all Updates to the Platform applicable to your Account as and when they become available. Online documentation, community forums and video tutorials are available at all times to all Users. In addition, live chat support is available for those customers on specific Subscriptions (see our Pricing page for more information).
Termination by You or by Us. Either of us may terminate any Product Subscription under these Terms immediately if the other commits any material breach of any term of these Terms and which (in the case of a breach capable of being remedied) shall not have been remedied within thirty (30) days of a written request to remedy the breach.
Termination by Us. We may terminate any Product Subscription under these Terms upon our reasonable determination that your Use of the Product or Documentation or Services (i) violates any applicable law or regulation or (ii) poses a threat to the secure or reliable provision of Services to other customers, or to the Cloud Infrastructure, or to the data contained therein.
What Happens if a Product Subscription is Terminated? Any termination of any Product Subscription pursuant to these Terms shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination. Upon termination of any Product Subscription pursuant to these Terms, you will immediately uninstall or destroy (or at our sole option) all copies of the Product and Documentation in its possession or control, and your duly authorized officer shall certify in writing to us that you have complied with this obligation.
Vizzly’s (and its licensors’) Ownership of IP. The content, organization, graphics, design, compilation, know-how, concepts, methodologies, procedures, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary rights. Some of the content on the Site maybe the copyrighted work of third parties. Vizzly, the Vizzly logo, and other Vizzly trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Vizzly. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. In addition, the Product and Documentation contain proprietary and confidential information of Vizzly and its licensors. Vizzly and its licensors exclusively own all rights, title and interest in and to any software programs, tools, utilities, processes, inventions, devices, methodologies, specifications, documentation, techniques and materials of any kind used or developed by Vizzly or its personnel in connection with the Products and performing the Services (collectively “Vizzly Materials”), including all worldwide patent rights, copyright rights, trade secret rights, know-how and any other intellectual property rights (“Intellectual Property Rights”)therein. You will have no rights in any trademarks, the Vizzly Materials or the Webite except as expressly set forth in these Terms.
Your Ownership of IP. For purposes of these Terms, “Customer Data” means all nonpublic data provided by you to Vizzly to enable provision of the Services. You own all right, title and interest in and to your Customer Data.
All the materials on Vizzly’s Site are provided "as is". Vizzly makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Vizzly does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.
Indemnity: You agree to indemnify, defend, and hold harmless Vizzly, its affiliates, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with your use of the Platform or any violation of this Agreement, including but not limited to any claims arising from misuse of the Platform, violation of third-party rights, or illegal activities related to your Project.
Limitation of Liability: To the fullest extent permitted by law, Vizzly, its affiliates, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, damages for loss of profits, revenue, data, or business, or for interruption of business or for downtime, arising out of or in connection with this Agreement or your use of the Platform, even if Vizzly has been advised of the possibility of such damages. Vizzly’s total liability to you for any claims under this Agreement, whether in contract, tort, or otherwise, is limited to the total amount you paid Vizzly for the Service in the 12 months preceding the claim.
Vizzly is not liable for any loss of Customer Data or for any damages related to unavailability or downtime of the Service.
The materials appearing on Vizzly’s Website may include technical, typographical, or photographic errors. Vizzly will not promise that any of the materials in this Website are accurate, complete, or current. Vizzly may change the materials contained on its Website at any time without notice. Vizzly does not make any commitment to update the materials.
Vizzly has not reviewed all of the sites linked to its Site and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Vizzly of the site. The use of any linked website is at the user’s own risk.
Vizzly may revise these Terms at any time without prior notice. When we do so, we will make a new copy of the Terms available on this page. Any changes to the Terms will be effective immediately for new users and five (5) days after notice of such changes is posted on the Site for existing users. By using the Site or Platform, you are agreeing to be bound by the current version of these Terms of Service.
1. International Data Transfers
In the course of providing our services, we may need to transfer your personal data to entities located outside the United Kingdom (UK) or European Economic Area (EEA), including the United States (US). Any such transfers will occur under the following conditions:
Adequate Safeguards: We will ensure that your personal data is protected in compliance with applicable data protection laws. Transfers will be based on one of the following safeguards:
- Standard Contractual Clauses (SCCs): We will utilize SCCs approved by the European Commission or the UK’s Information Commissioner’s Office (ICO) for transfers between the UK and US.
- UK Data Protection Laws: Transfers will be conducted in accordance with the UK General Data Protection Regulation (UK GDPR) and relevant UK data protection laws.
2. Your Rights
When your personal data is transferred outside the UK, your rights under applicable data protection laws remain intact. These include the right to:
- Access your data.
- Rectify inaccuracies in your data.
- Request erasure of your data.
- Restrict or object to the processing of your data.
- You may also request a copy of the safeguards in place for your data transfers.
3. Data Security
We take appropriate technical and organizational measures to secure your personal data during transfers. This includes encryption, strict access controls, and regular security audits to prevent unauthorized access, loss, or misuse of your data.
4. Consent to Data Transfer
By using our services or providing your personal data, you explicitly consent to the transfer of your data to the US and other jurisdictions where our affiliates or service providers operate. If you do not consent to such transfers, please discontinue use of our services.
Please read our Privacy Policy.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
International Use: If the Platform is used outside of the United Kingdom, you are responsible for complying with all local laws and regulations applicable to the use of the Platform. Cross-border disputes will be resolved in accordance with English law.
Arbitration: In the event of any dispute arising out of or relating to this Agreement, the parties agree to first attempt to resolve the dispute through informal discussions. If the dispute cannot be resolved, it will be settled by binding arbitration conducted in accordance with the rules of the London Court of International Arbitration (LCIA). The arbitration shall take place in London, and the language of the arbitration shall be English.Any claim related to Vizzly shall be governed by the laws of England and Wales without regards to its conflict of law provisions.
