Terms & Conditions

These Terms and Conditions of Services (“Terms”, “Terms of Service”, “Agreement”, or “Service Agreement”) govern the utilization of this services (the “Service”) operates by Visuality Systems Ltd. (“Visuality systems”, “us”, “we”, or “our”). These Terms set out the rights and obligations of all users regarding the use of the Service.

Please read these Terms carefully since you will be legally bound to them.

Your admittance to and utilization of the Service depends on your acknowledgment of and consistence with these Terms. These Terms apply to all visitors, clients, customers, and other people who access or utilize the Service.

By accessing or utilizing the Service you consent to be limited by these Terms and acknowledge every lawful consequence. If you don’t consent to the agreements of this Agreement, in entire or to some extent, kindly don’t use the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and utilization of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Description of Service

The “Service” means (a) the visualitynq.com website (the “Site”), and (b) all applications, software, data, text, images, and other materials provided by or on behalf of Visuality Systems. These terms and conditions are also subject to any modifications to services. Visuality Systems holds the right to modify, or discontinue the service or functionality thereof at any time without notice. All rights, titles, and interests in the service will remain with and belong exclusively to Visuality Systems. 

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine – or randomly–generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including the Company and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set regularly, typically monthly or yearly.

At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel. You may cancel your Subscription renewal through the Subscriptions section of the App Store, or by contacting Apple. Visuality Systems cannot view or make adjustments to subscriptions set up through the App Store.

All amounts paid are non-refundable. You further agree to be responsible for all taxes associated with the Service, along with any transaction fees and currency conversions added by your financial institution and intermediaries. All amounts are in US dollars.

Free Trial

Visuality Systems may, at its sole discretion, offer a Subscription with a free trial for a limited period (“Free Trial”).

You might be expected to enter your billing credentials to pursue the Free Trial.

Assuming that you truly do enter your charging data while pursuing the Free Trial, you won’t be charged by Visuality Systems until the Free Trial has ended. On the last day of the Free Trial time frame, except if you cancel your Subscription, you will be naturally charged the material Subscription expenses for the sort of Subscription you have chosen.

At any time and without notice, Visuality Systems reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Visuality Systems, in its just prudence and at whatever point, may change the Subscription charges for the Subscriptions. Any Subscription charge change will become effective at the finish of the then-current Billing Cycle.

Visuality Systems will furnish you with earlier notification of any adjustment of Subscription expenses to offer you a chance to end your Subscription before such change becomes compelling.

You proceeded with utilization of the Service after the Subscription charge change happen comprises your consent to pay the adjusted Subscription expense sum.

Copyright Policy:

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to: [email protected] and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual property

The Service, its origin content, features, functionality, and all items, including yet not restricted to messages, pictures, illustrations, or code are and will remain the exclusive property of Visuality Systems and are safeguarded by copyright, brand names, information base, and other licensed innovation privileges. You might show and duplicate, download or print bits of the material from the various region of the Service just for your non-business use. Some other use is precluded and may abuse copyright, brand name, and different regulations. These Terms don’t concede you have a permit to utilize any brand name of Visuality Systems or its members. You further make a deal to avoid utilizing, changing or erasing any exclusive notification from materials downloaded from the Service.

Links to Other Web Sites

The Service might contain connections to outsider sites or administrations that are not possessed or constrained by Visuality Systems.

Visuality Systems has zero power over and takes care of, the substance, privacy policy, or practices of any outsider sites or administrations. You further recognize and concur that Visuality Systems will not be capable or obligated, directly and indirectly, for any harm or misfortune caused or claimed to be brought about by or regarding the utilization of or dependence on any such happy, products, or administrations accessible on or through any such sites or administrations.

We firmly encourage you to peruse the agreements and privacy policy of any third party or administration that you visit.

Termination

You are entitled to stop utilizing our Services whenever and under any circumstance without notice to us, however, you will keep on being charged for Services until you cancel your account through the App Store or by reaching Apple.

We should keep our Service protected and very much kept up with as could be expected. To this end, we might have to end represents an infringement of these Terms. In the accompanying conditions, we will give notice to you preceding the end of your record: (a) you are in the break of these Terms, or (b) you are involving our Services in a way that can cause or has made a gamble of mischief or misfortune either Visuality Systems or different clients.

On such an occasion our notification will be utilizing email or direct message to the location recorded on the record at the hour of notice. Assuming you cure the issues that made us send the notification, agreeable to us, then, at that point, we won’t end your access or permission to our Services. If you don’t cure the remarkable reasons for our pink slip in these conditions, then we will end your record.

All arrangements of the Terms will endure end, including without restriction: possession arrangements, guarantee disclaimers, repayment, and constraints of responsibility. Upon end, your entitlement to utilize the Service will quickly stop.

Limitation of Liability

Visuality Systems, its directors, representatives, accomplices, agents, providers, or members, will not be obligated for (A) any misfortune or harm, roundabout, coincidental, exceptional, significant or corrective harms, including without limit, monetary misfortune, misfortune or harm to electronic media or information, generosity, or other elusive misfortunes, or (B) for any sum in the total in overabundance of the expenses really paid by you in the six (6) months going before the occasion leading to your case, coming about because of (I) your admittance to or utilization of the Service; (ii) your failure to access or utilize the Service; (iii) any direct or content of any outsider on or connected with the Service; (iv) any happy got from or through the Service; and (v) the unapproved admittance to, utilization of or modification of your transmissions or content, whether in light of guarantee, contract, misdeed (counting carelessness) or some other case in regulation, whether we have been educated regarding the chance of such harm, and regardless of whether a cure put forward in this is found to have fizzled of its fundamental reason.

Exclusions

As set out, over, a few purviews don’t permit the rejection of specific guarantees or the prohibition or limit of responsibility for considerable or coincidental harms, so the limits above may not concern you.

Governing Law

These Terms will be represented by, interpreted, and authorized as per, the regulations in Israel, as appropriate.

If any arrangement of these Terms is held to be invalid or unenforceable by a court of able locale, then any leftover arrangements of these Terms will remain in effect. These Terms comprise the whole understanding between us in regards to our Service and replace any earlier arrangements, oral, etc., in regards to the Service.

Dispute Resolution

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

All disputes and questions at all which will emerge between Visuality Systems and you regarding this Service Agreement, the development or application thereof or any arrangement contained in this Service Agreement, or concerning any demonstration, deed, or exclusion of any party or some other matter in any capacity connecting with this Service Agreement, will be settled by discretion. Such discretion will be led by a single arbitrator.

The arbitrator will be designated by an understanding between the parties or, in default of such understanding, the such referee will be delegated by an appointed authority regulating the question, upon the utilization of any of the parties and such appointed authority will be qualified for going about as such judge, if the person so wants.

The procedure to be followed will be consented to by the parties or, in default of such agreement, determined by the arbitrator. The authority will have the ability to continue with the arbitration and to convey their honor despite the default by any party regarding any procedural request made by the arbitrator.

The choice shown up by the arbitrator will be conclusive and restricting and no allure will lie in this manner. Judgment upon the honor delivered by the referee might be placed in any court having jurisdiction.

Changes

We hold the right, at our sole discretion, to alter or replace these Terms at any time. If a modification is material, we will put forth reasonable attempts to give something like 30 days notification preceding any new terms taking effect. What comprises a material change will be determined at our sole discretion.

By proceeding to access or utilize our Service after those updates become effective, your consent is to be limited by the modified terms. On the off chance that you don’t consent to the new terms, in entire or to some degree, kindly stop using the site and the Service.

Contact us

If you have any questions about these Terms and Conditions, You can contact us:

• By visiting this page on our website: https://visualitynq.com/contact-us/
• By sending us an email: [email protected]