Terms and Conditions
Effective Date: The date the subscriber agreed to these Terms and Conditions (herein after “Agreement”).
Welcome to ViziSmart! These Terms and Conditions ("Terms") govern use of a subscribers, both person and entity, (“you” and “your”) of ViziSmart’s software application and/or web-application ("Application") and subscription services ("Services"). By accessing or using our Application and Services, You agree to be bound by these Terms. If You do not agree with any part of these Terms, You may not use our Application or Services.
1. Subscription and License
1.1 Subscription: By subscribing to our Services, You are granted a non-exclusive, non-transferable, revocable license to access and use the Application for Your internal business purposes or personal use to manage and communicate properties, tenants and maintenance providers in relation to you properties, so long as such access and use are in accordance with these Terms. You are also agreeing to communicate with an artificial intelligence assistance and to be communicated with via text messages, calls, emails, and the likes to receive notifications, updates, reports, information, and other communications from ViziSmart, Vizismart’s employees, Application, a related providers. These communications may survive the Term of the Subscription and terminate upon an explicit request from You to cease all or some of such communications. By subscribing, You are agreeing to this Agreement and ViziSmart’s Privacy Policy found at https://vizismart.com/policy.
1.2 License Restrictions: You warrant and represent that all Application shall be used only for or in connection with lawful purposes and that such use shall strictly comply with all applicable laws and regulations, including the laws and regulations of the jurisdictions in which the Application and Services are purchased, resold, integrated, or used. You may not:
- Copy, modify, or create derivative works of the Application.
- Distribute, transfer, sublicense, lease, lend, or rent the Application to any third party.
- Reverse engineer, decompile, or disassemble the Application.
- Use the Application for any unlawful or unauthorized purpose.
2. User Responsibilities
2.1 Account Security: You are responsible for maintaining the confidentiality of Your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or breach of security.
2.2 Compliance: You agree to use the Application and Services in compliance with all applicable laws and regulations. You must not use the Application in a manner that could damage, disable, overburden, or impair ViziSmart’s servers or networks.
3. Payment and Renewal
3.1 Subscription Fees: You agree to pay a monthly subscription as presented on ViziSmart’s website on the date you agree to these Terms. Subscription fees are non-refundable except as required by law.
3.2 Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel it in accordance with our cancellation policy. You authorize us to charge the applicable subscription fees to your designated payment method.
3.3 Cancellation: You may cancel your subscription at any time by following the cancellation procedures specified in your account settings. The cancellation will be effective on the first of the month following the month in which you cancel.
4. Intellectual Property
4.1 Ownership: All intellectual property rights in and to the Application and Services, including but not limited to patents, trademarks, copyrights, and trade secrets, are owned by ViziSmart or its licensors. These Terms do not grant you any ownership rights to the Application or Services. ViziSmart shall retain all right, title, and interest in and to any software programs, tools, specifications, data, information, templates, scripts, ideas, concepts, inventions, works of authorship, products, know-how, processes, techniques, and the like used, produced or incorporated into and/or by the Application. You herein agree that ViziSmart retains all proprietary rights in and to all products, specifications, designs, discoveries, inventions, patents, copyrights, trademarks, trade secrets, and other proprietary rights relating or similar to Application or Services. You shall not copy or reverse engineer, or cause or enable any third party to copy or reverse engineer, the Application.
4.2 Feedback: If you provide ViziSMart and its affiliates with any feedback or suggestions regarding the Application or Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback or suggestions into the Application or Services.
4.3 Confidentiality: You shall keep confidential and not directly or indirectly disclose to any third party any Confidential Information of ViziSmart, as defined herein, without ViziSmart’s prior written consent. “Confidential Information” includes, but is not limited to, business, financial, statistical, and commercial information, pricing, technical data and information, formulae, analyses, trade secrets, ideas, methods, processes, know how, computer programs, designs, data sheets, schematics, configurations, and drawings. Confidential Information does not include information that (i) is or becomes generally available to the public other than as a result of disclosure by Buyer; (ii) is or becomes available to Buyer on a non-confidential basis from a source other than Seller when such source is not, to the best of Buyer’s knowledge, subject to any confidentiality obligation with Seller; or (iii) was independently developed by Buyer without reference to Seller’s Confidential Information, and Buyer can verify development of such information by written documentation.
Section 4 survives the termination of the subscription and Terms.
5. Termination
5.1 Termination by You: You may terminate your subscription at any time by following the cancellation procedures specified in Your account settings. The cancellation will be effective on the first of the month following the month in which you cancel.
5.2 Termination by Us: We may terminate or suspend your access to the Application and Services immediately, without prior notice or liability, if you breach any of these Terms.
5.3 Effect of Termination: Upon termination of your subscription, Your right to use the Application and Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
6. Disclaimers and Limitation of Liability
6.1 Disclaimers: The Application and Services are provided on an "as is" and "as available" basis. We disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.2 Limitation of Liability: In no event shall ViziSmart, its affiliates, or its licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) Your use or inability to use the Application or Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Application or Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Application or Services by any third party; (v) any misinformation, misdirection, errors or omissions in any content or in the communication with and from the artificial intelligence and Applciation; and (vi) any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Application or Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
Section 6 survives the termination of the subscription and Terms.
7. Indemnification
You agree to indemnify, defend, and hold harmless ViziSmart, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Your violation of these Terms or Your use of the Application or Services, including, but not limited to, any use of the Application or Services other than as expressly authorized in these Terms.
Section 7 survives the termination of the subscription and Terms.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which ViziSmart is headquartered in Texas, USA, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in that jurisdiction.
Section 8 survives the termination of the subscription and Terms.
9. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. You are advised to review these Terms periodically for any changes. Your continued use of the Application and Services following the posting of changes constitutes your acceptance of those changes.
10. Severability
If any term, condition, or provision herein is invalid, ineffective, or unenforceable under present or future laws, then the remainder of the terms, conditions, and provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. The invalid, ineffective, or unenforceable terms, conditions, and provisions hereof shall be deemed to be modified to the extent necessary to render the offending unenforceable terms, conditions, and provisions valid, effective, and enforceable, in a manner that reflects the Parties’ original intent as closely as possible.
11. Relationship between the Parties
You and ViziSmart are independent entities. Neither shall have authority to bind the other except to the extent authorized herein. There is no intent herein to constitute or create a joint venture, partnership, or formal business relationship of any kind. Both You and ViziSmart shall act independently at all times, and shall not act as an agent for the other.
12. Notices
All notices, request, consents, claims, demands, waivers and other communications related to Buyer’s Order (each, a “Notice”) shall be in writing and addressed to the legal@vizismart.com. If you have any questions about these Terms, please contact us at founders@vizismart.com.
Terms and Conditions
Effective Date: The date the subscriber agreed to these Terms and Conditions (herein after “Agreement”).
Welcome to ViziSmart! These Terms and Conditions ("Terms") govern use of a subscribers, both person and entity, (“you” and “your”) of ViziSmart’s software application and/or web-application ("Application") and subscription services ("Services"). By accessing or using our Application and Services, You agree to be bound by these Terms. If You do not agree with any part of these Terms, You may not use our Application or Services.
1. Subscription and License
1.1 Subscription: By subscribing to our Services, You are granted a non-exclusive, non-transferable, revocable license to access and use the Application for Your internal business purposes or personal use to manage and communicate properties, tenants and maintenance providers in relation to you properties, so long as such access and use are in accordance with these Terms. You are also agreeing to communicate with an artificial intelligence assistance and to be communicated with via text messages, calls, emails, and the likes to receive notifications, updates, reports, information, and other communications from ViziSmart, Vizismart’s employees, Application, a related providers. These communications may survive the Term of the Subscription and terminate upon an explicit request from You to cease all or some of such communications. By subscribing, You are agreeing to this Agreement and ViziSmart’s Privacy Policy found at https://vizismart.com/policy.
1.2 License Restrictions: You warrant and represent that all Application shall be used only for or in connection with lawful purposes and that such use shall strictly comply with all applicable laws and regulations, including the laws and regulations of the jurisdictions in which the Application and Services are purchased, resold, integrated, or used. You may not:
- Copy, modify, or create derivative works of the Application.
- Distribute, transfer, sublicense, lease, lend, or rent the Application to any third party.
- Reverse engineer, decompile, or disassemble the Application.
- Use the Application for any unlawful or unauthorized purpose.
2. User Responsibilities
2.1 Account Security: You are responsible for maintaining the confidentiality of Your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or breach of security.
2.2 Compliance: You agree to use the Application and Services in compliance with all applicable laws and regulations. You must not use the Application in a manner that could damage, disable, overburden, or impair ViziSmart’s servers or networks.
3. Payment and Renewal
3.1 Subscription Fees: You agree to pay a monthly subscription as presented on ViziSmart’s website on the date you agree to these Terms. Subscription fees are non-refundable except as required by law.
3.2 Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel it in accordance with our cancellation policy. You authorize us to charge the applicable subscription fees to your designated payment method.
3.3 Cancellation: You may cancel your subscription at any time by following the cancellation procedures specified in your account settings. The cancellation will be effective on the first of the month following the month in which you cancel.
4. Intellectual Property
4.1 Ownership: All intellectual property rights in and to the Application and Services, including but not limited to patents, trademarks, copyrights, and trade secrets, are owned by ViziSmart or its licensors. These Terms do not grant you any ownership rights to the Application or Services. ViziSmart shall retain all right, title, and interest in and to any software programs, tools, specifications, data, information, templates, scripts, ideas, concepts, inventions, works of authorship, products, know-how, processes, techniques, and the like used, produced or incorporated into and/or by the Application. You herein agree that ViziSmart retains all proprietary rights in and to all products, specifications, designs, discoveries, inventions, patents, copyrights, trademarks, trade secrets, and other proprietary rights relating or similar to Application or Services. You shall not copy or reverse engineer, or cause or enable any third party to copy or reverse engineer, the Application.
4.2 Feedback: If you provide ViziSMart and its affiliates with any feedback or suggestions regarding the Application or Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback or suggestions into the Application or Services.
4.3 Confidentiality: You shall keep confidential and not directly or indirectly disclose to any third party any Confidential Information of ViziSmart, as defined herein, without ViziSmart’s prior written consent. “Confidential Information” includes, but is not limited to, business, financial, statistical, and commercial information, pricing, technical data and information, formulae, analyses, trade secrets, ideas, methods, processes, know how, computer programs, designs, data sheets, schematics, configurations, and drawings. Confidential Information does not include information that (i) is or becomes generally available to the public other than as a result of disclosure by Buyer; (ii) is or becomes available to Buyer on a non-confidential basis from a source other than Seller when such source is not, to the best of Buyer’s knowledge, subject to any confidentiality obligation with Seller; or (iii) was independently developed by Buyer without reference to Seller’s Confidential Information, and Buyer can verify development of such information by written documentation.
Section 4 survives the termination of the subscription and Terms.
5. Termination
5.1 Termination by You: You may terminate your subscription at any time by following the cancellation procedures specified in Your account settings. The cancellation will be effective on the first of the month following the month in which you cancel.
5.2 Termination by Us: We may terminate or suspend your access to the Application and Services immediately, without prior notice or liability, if you breach any of these Terms.
5.3 Effect of Termination: Upon termination of your subscription, Your right to use the Application and Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
6. Disclaimers and Limitation of Liability
6.1 Disclaimers: The Application and Services are provided on an "as is" and "as available" basis. We disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.2 Limitation of Liability: In no event shall ViziSmart, its affiliates, or its licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) Your use or inability to use the Application or Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Application or Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Application or Services by any third party; (v) any misinformation, misdirection, errors or omissions in any content or in the communication with and from the artificial intelligence and Applciation; and (vi) any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Application or Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
Section 6 survives the termination of the subscription and Terms.
7. Indemnification
You agree to indemnify, defend, and hold harmless ViziSmart, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Your violation of these Terms or Your use of the Application or Services, including, but not limited to, any use of the Application or Services other than as expressly authorized in these Terms.
Section 7 survives the termination of the subscription and Terms.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which ViziSmart is headquartered in Texas, USA, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in that jurisdiction.
Section 8 survives the termination of the subscription and Terms.
9. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. You are advised to review these Terms periodically for any changes. Your continued use of the Application and Services following the posting of changes constitutes your acceptance of those changes.
10. Severability
If any term, condition, or provision herein is invalid, ineffective, or unenforceable under present or future laws, then the remainder of the terms, conditions, and provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. The invalid, ineffective, or unenforceable terms, conditions, and provisions hereof shall be deemed to be modified to the extent necessary to render the offending unenforceable terms, conditions, and provisions valid, effective, and enforceable, in a manner that reflects the Parties’ original intent as closely as possible.
11. Relationship between the Parties
You and ViziSmart are independent entities. Neither shall have authority to bind the other except to the extent authorized herein. There is no intent herein to constitute or create a joint venture, partnership, or formal business relationship of any kind. Both You and ViziSmart shall act independently at all times, and shall not act as an agent for the other.
12. Notices
All notices, request, consents, claims, demands, waivers and other communications related to Buyer’s Order (each, a “Notice”) shall be in writing and addressed to the legal@vizismart.com. If you have any questions about these Terms, please contact us at founders@vizismart.com.
