Effective: October 24, 2024
These Terms of Use ("Terms") apply to your use of Vizdom, along with any associated software applications, technology and websites ("Services"), including personal, non-commercial use of our Services by consumers. You form a contract with us when you confirm that you accept these Terms or when you otherwise use the Services.
Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.
Vizdom is a software company focused on providing tools for creating and sharing diagrams. Our mission is to empower individuals and organizations with the ability to visualize and share complex information through diagrams, enhancing collaboration and productivity. For more information about Vizdom, please visit our About Page. Our Services are provided to you by Vizdom.
Minimum age. You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18, you must have your parent or legal guardian's permission to use the Services and ask them to read these Terms with you.
Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
What you can do. Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well any other documentation, guidelines, or policies we make available to you.
What you cannot do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you are prohibited from:
Software. Our Services may allow you to download software, such as our public libraries available for download. Our software may include open source software that is governed by its own licences that we've made available to you.
Corporate domains. If you create an account using an email address owned by an organisation (for example, your employer), that account may be added to the organisation's business account with us, in which case we will provide notice to you so that you can help facilitate the transfer of your account (unless your organisation has already provided notice to you that it may monitor and control your account). Once your account is transferred, the organisation's administrator will be able to control your account, including being able to access Content (defined below) and restrict or remove your access to the account.
Third party Services.Our Services may include third-party software, products, or services ("Third Party Services"), and certain features of our Services may interact with or rely on output from those services ("Third Party Output"). Third Party Services and Third Party Output are governed by their own terms, and we are not responsible for them.
Feedback. We appreciate your feedback about our Services, but you agree that we may use it to provide, maintain, develop, and improve our Services, without compensation to you.
Your content. You may provide input to the Services ("Input"), and receive output from the Services based on the Input ("Output"). Input and Output are collectively "Content". You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licences, and permissions needed to provide Input to our Services.
Ownership of content. As between you and Vizdom, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
Our use of content. By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use your Content solely for the purpose of providing, maintaining, and improving our Services, and as necessary to comply with applicable law or enforce our terms and policies.
Your responsibility for content.You are responsible for evaluating the accuracy, legality, and appropriateness of your Content and any visualizations generated from it. You agree to review and assess the suitability of the Output for your specific use case before sharing or using it.
We and our affiliates own all rights, title, and interest in and to the Services.
Paid subscriptions. Some of our Services allow you to purchase paid subscriptions to benefit from enhanced features and functionalities (the "Benefits"). The exact nature of the Benefits differs between Services and will be made clear to you before purchase. You can manage your paid subscription from your account settings.
Fees. All charges, including subscription fees, will be made clear to you before purchase.
Billing. If you sign-up for a paid subscription or purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
Cooling off period. You are entitled to cancel your purchase and request a refund without stating the reason during the 14 days following the date of your purchase (the "Cooling Off Period"). The refund will cover the relevant subscription fee prorated from the date you request cancellation to the end of the relevant subscription period you have paid for. To cancel and request a refund please contact Support, or fill out and send us the model withdrawal form, or alternatively you may complete the model withdrawal form as described under 'Termination and Suspension' below.
Cancellation. Following the Cooling Off Period, you can cancel your paid subscription at any time by updating your account settings. You will not be charged after you cancel your paid subscription. You will continue to have access to the Benefits until the end of the subscription period you have paid for, at which point your cancellation will become effective. Unless we specify otherwise, you will not receive a refund or service credit for any days between the day you cancel and the last day of the subscription period you have paid for.
Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days' notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
Your rights.You can stop using our Services and end your relationship with Vizdom at any time by simply closing your account and stopping your use of the Services.
EEA consumer withdrawal right. If you are an EEA-based consumer, you can close your account and withdraw from these Terms within 14 days of accepting them by contacting Support or filling out and sending us the model withdrawal form.
Vizdom rights. We may take action to suspend or terminate your access to our Services or close your account if we determine, acting reasonably and objectively:
Notice. If we terminate your account, we will make reasonable efforts to notify you in advance so you can export your Content or your data from the Services, unless it is not appropriate for us to do so, we reasonably believe that continued access to your account will cause damage to Vizdom or anyone else, or we are legally prohibited from doing so.
Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting Support.
How we provide the Services. We commit to provide the Services to you with reasonable skill and care and to act with professional diligence. We do not promise to offer the Services forever or in their current form for any particular period of time.
Liability. Provided that we have acted with professional diligence, we do not take responsibility for loss or damage caused by us, unless it is:
We do not take responsibility for loss or damage caused by events beyond our reasonable control. We do not exclude or limit our liability to you in any way where it would be unlawful for us to do so. You still have the full protections of the laws applicable to you.
Statutory rights. You have certain statutory rights that cannot be limited or excluded by a contract like these Terms or that you are legally entitled to, for example, by virtue of being a consumer. These Terms are in no way intended to affect or restrict those rights.
EEA consumer guarantee. If you are an EEA-based consumer, then EEA consumer laws provide you with a legal guarantee covering the Services. If you have any questions about your legal guarantee, please contact Support.
Concerns. If we have a dispute, we would first like to understand and try to address your concerns before any formal legal action. To share your concerns you can contact Support.
Court. If we cannot resolve our dispute, you or we can go to your local courts.
EEA consumer alternative dispute resolution. If you reside in the EEA, you can also raise the dispute with an alternative dispute resolution body via the European Commission's Online Dispute Resolution (ODR) Platform, which you can access at https://ec.europa.eu/consumers/odr.
If you believe that your intellectual property rights have been infringed, please contact Support. We may delete or disable Content alleged to be infringing and may terminate accounts of repeat infringers.
Assignment. You may not assign or transfer any rights or obligations under these Terms. We may assign or transfer our rights or obligations under these Terms to any affiliate or subsidiary or any successor in interest of any business associated with our Services. If we do, any rights you have as a consumer will not be affected. If you are not satisfied, you have the right to terminate your relationship with Vizdom and stop using our Services at any time.
Changes to these Terms or our Services.We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:
We will give you at least 30 days advance notice of changes that materially adversely impact you and the date that they will come into force either via email or an in-product notification. Any changes will only apply to our relationship going forward. If you do not agree to the changes, you must stop using our Services.
Delay in enforcing these Terms. If we or you delay enforcing a provision of these Terms, either of us can still enforce it later, and it will not prevent us or you from taking steps against the other at a later date. If any part of these Terms is determined to be invalid or unenforceable, it will not affect the enforceability of any other part of these Terms.
Trade controls.You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government licence for release or export.
These additional terms apply to all users of our Services, including those using the Services for personal, commercial, or business purposes. In the event of any conflict between the provisions of this Additional Terms Addendum and the rest of these Terms, the provisions of this Addendum shall take precedence.
Limitation of liability. NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS APPLY TO ALL USERS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.
VIZDOM's AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS ADDENDUM.
Indemnity. To the extent permitted by law, all users, whether individuals, businesses, or organizations, agree to indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys' fees) arising from third-party claims related to your use of the Services and Content, or any violation of these Terms.
Governing law (non-business use). For individual, non-business use, the law of the jurisdiction where you are a resident will govern these Terms.
Governing law (business or commercial use). For business or commercial use, Estonian law will govern these Terms, excluding its conflict of laws principles. Any claims arising out of or relating to these Terms will be brought exclusively in the courts of Estonia.