VIZZICAL LLC TERMS AND CONDITIONS, USAGE AND SERVICES AGREEMENT

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.vizzical.com website, and the Appto.io App on Android and iPhone, our cloud based application, our control panel (the “Service”) operated by VIZZICAL LLC (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance

of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

These Terms of Service (“Terms”) are between VIZZICAL LLC and Customer, on behalf of itself and its applicable Affiliates (“Customer”). The authorized party signing or electronically submitting the Order or accessing the Services represents that it has the authority to bind the Customer and understands and agrees to these Terms, and the applicable Service Descriptions (collectively the “Agreement”).

Acceptance
This Agreement consists of the following terms and conditions (hereinafter the “Terms” or “Terms of Service”). You must be of legal age (18 years or above) to enter into a binding agreement in order to accept the Terms. If you do not agree to the Terms, do not use any of our Services. By putting a check mark next to I AGREE and clicking on SUBMIT or using the API or Services, you represent that you have read and agree to the terms and conditions of this Agreement. You may terminate this Agreement for any reason by closing Your VIZZICAL LLC account and adhering the account closure procedures. VIZZICAL LLC reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. Violation of any part of the Terms of Service may result in termination of your account.
Services
  • You must provide your full legal name, a valid email address, company related details and any other required information to complete the sign-up process
  • You are responsible for maintaining the privacy and security of your account. VIZZICAL LLC will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password
  • VIZZICAL LLC may communicate with you via email regarding your account, system updates, or other issues related to your account
  • You are responsible for all voice and electronic data (“Content”) posted and activity that occurs in your account (even when Content is posted by others to your account)
  • You shall use VIZZICAL LLC ’s services for lawful purposes only. You shall not transmit using VIZZICAL LLC ’s services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give right to civil liability or otherwise violate any applicable law
  • If you are based of in India, You are required to sign an Indemnity document agreeing to abide by the rules and regulations of the Telecom Regulatory Authority of India (TRAI) and Department Of Telecommunication of the Govt. of Inida (DOT). Any violation of the agreement will lead to termination of Serivces.
  • VIZZICAL LLC reserves the right to refuse service to anyone for any reason at any time
Pricing and Payments
  • The pricing plans specified in the pricing page are subject to market & telecom industry standards. Price revisions may happen when (and as deemed necessary) by VIZZICAL LLC . VIZZICAL LLC reserves the right to change the pricing plans without notice
  • The pricing details specified in the pricing page are exclusive of applicable taxes. Service Tax is applicable & is extra
  • VIZZICAL LLC may suspend or refuse service and terminate this agreement if you default on any of your payment obligations
  • In the case of electronic payments, VIZZICAL LLC shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on account of the Cardholder having exceeded the preset limit mutually agreed by VIZZICAL LLC with our acquiring bank from time to time
Features
  • VIZZICAL LLC provides its services “As Is”. VIZZICAL LLC  reserves the right to modify, upgrade, suspend or terminate the Service with or without prior notice. VIZZICAL LLC  shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service
  • Feature requests by you may be executed by VIZZICAL LLC based on its discretion and depending on priorities. VIZZICAL LLC does not guarantee delivery of any feature that you may request
CONTENT
Content. Customer retains all rights to any and all of its Customer Content and VIZZICAL LLC shall not own or license any data, content, information or material in such Customer Content. Customer grants to VIZZICAL a non-exclusive, worldwide, royalty-free, license to use, modify, reproduce and distribute Customer Content, only as may be necessary to provide the Service, and Customer warrants that it has the right to grant such license and no Customer Content infringes on the rights of any third party. Each party shall apply reasonable technical, organizational and administrative security measures to keep Customer Content protected in accordance with industry standards, and Customer shall retain a current copy of Customer Content outside the Services. VIZZICAL will not monitor Customer’s or its users’ use of the Services, and VIZZICAL will not view, access or process any Customer Content, except: (i) for the sole purpose of providing and improving the Services, (ii) as directed or instructed by Customer and its users, and/or (iii) for compliance with VIZZICAL policies, applicable law, regulation, or governmental request. Customer shall comply with all intellectual property laws related to the Customer Content and legal duties applicable to Customer as a data controller by virtue of the submission or storage of Customer Content within the Services, including providing all information or notices Customer is required by law to provide to users and obtain consent of the users, where required Accounts. Customer is solely responsible for (i) the configuration of Customer’s Services account, (ii) the operation, performance and security of Customer’s equipment, networks and other computing resources used to connect to the Services, (iii) ensuring all users exit or log off from the Services at the end of each session, (iv) maintaining the confidentiality of Customer’s accounts, user id’s, conference codes, and passwords used in conjunction with the Services, and (v) all uses of the Services by Customer and its users. VIZZICAL reserves the right to suspend the Services or terminate the Agreement if Customer misuses or otherwise shares login information among users. Customer will notify VIZZICAL immediately of any unauthorized use of its account or any other breach of security of which Customer becomes aware. VIZZICAL will not be liable for any loss that Customer may incur as a result of a third party using Customer’s password or account. VIZZICAL reserves the right to review Customer’s account to the extent necessary to confirm compliance with applicable Use Levels, and to terminate or suspend Customer’s access for overuse and/or misuse. Customer agrees to pay for any overage in excess of permitted Use Levels.
COMPLIANCE
In connection with the performance, access and use of the Services under the Agreement, each party agrees to comply with all laws, rules and regulations including, but not limited to, export and import, data protection, and privacy laws and regulations applicable to that party. If necessary and in accordance with applicable law, VIZZICAL will cooperate with local, state, federal and international government authorities with respect to the Services and VIZZICAL provision of such Services to Customers. Specifically, without limiting the generality of the foregoing, Customer shall provide the relevant persons and/or participants with all information or notices Customer is required by applicable privacy and data protection laws to provide and, if necessary, obtain the consent of or provide choices to such persons and/or participants as required. Notwithstanding any other provision in these Terms, VIZZICAL shall have the right to immediately terminate the Agreement for noncompliance with applicable laws.
Support
  • VIZZICAL LLC provides support over email onsales@vizzical.com and over phone on +17327334704
  • Support over phone is available 24 hours. For Email support a response can be expected within 24 hrs.
  • Though VIZZICAL LLC will try to solve a reported problem regarding the use of the Service within a reasonable time, VIZZICAL LLC does not guarantee that the problem will be resolved.
Cancellation Policy
  • If you wish to discontinue your account with VIZZICAL LLC , you can email us at sales@vizzical.com expressing the same and we will facilitate the closure of your account
  • You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service
  • You will be required to pay your bills within 10 days of account closure failing which your security deposit will not be refunded
  • Your security deposit amount (if any) will be refunded to you within 30 days of payment of accrued and pending charges.
Privacy and Copyright Protection
  • VIZZICAL LLC ’sprivacy policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that VIZZICAL LLC  can use such data in accordance with our privacy policies.
  • VIZZICAL LLC has right to use the your logo to be put up on our marketing brochures and website
Disclaimer of Warranties
THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING OUT OF THE USE OF OUR SERVICES. VIZZICAL LLC disclaims all warranties whether express or implied, including but not limited to (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of the data provided by the Service, (v) Security and privacy of your data and (vi) that bugs or errors in the Service will be corrected
ADDITIONAL TERMS
Services Trial. VIZZICAL may make the Services available to Customer on a trial or promotional basis for a limited period of time (“Trial Period”), as specified in the applicable Order. The Trial Period shall terminate (i) at the end of the stated Trial Period, or (ii) if no such date is specified, thirty (30) days from the date of Customer’s initial access to the Services. Following expiration of the Trial Period, the Services may automatically continue unless cancelled by Customer, and Customer is responsible for payment of the applicable Fees set forth in the Order. During the Trial Period, VIZZICAL provides the Services “AS IS” and without warranty or indemnity, to the extent permitted by law, and all other Terms otherwise apply. VIZZICAL reserves the right to modify or discontinue any trials or promotions at any time without notice. Third Party Features. The Services may be linked to third party sites or applications (“Third Party Services”). VIZZICAL does not endorse, warrant or control such Third Party Services and is not responsible for the legality, quality, accuracy, reliability, or availability of any Third Party Services. Customer has sole discretion whether to purchase or connect to any Third Party Services and. Customer’s use of Third Party Services is governed solely by the terms relating to such Third Party Services. VIZZICAL is not liable for and makes no representations related thereto, including without limitation, content or the manner in which Third Party Services handle content. Beta Services. Customer acknowledges that Beta Services (“Beta Services”) are offered “AS-IS”, without warranty or indemnity of any kind and Customer’s access to and use of the Beta Services is at Customer’s sole risk. The Beta Services may contain bugs, errors and other defects and VIZZICAL has no obligation to provide technical support for Beta Services. VIZZICAL may discontinue provision of Beta Services at any time in its sole discretion and without prior notice to Customer. To the extent permitted by applicable law, VIZZICAL disclaims any warranties and conditions, whether express, implied, statutory or otherwise, and any liability with respect to the Beta Services. Customer agrees to receive correspondence and updates from VIZZICAL related to the Beta Services and acknowledges that opting out from such communications may result in cancellation of Customer’s access to the Beta Services. VIZZICAL does not make any representations or guarantees that the Beta Services will be publicly announced or made generally available. VIZZICAL may request that Customer provide feedback (“Feedback”) regarding the Beta Service, and Customer grants to VIZZICAL an irrevocable, perpetual, royalty-free, worldwide license to use and incorporate any Feedback into any VIZZICAL product or service (including the Beta Services) for any purpose. With respect to the Beta Services, these Terms supersede any conflicting terms and conditions in the Agreement, but only to the extent necessary to resolve conflict. Copyright. In the event Customer believes that the Services have been used in a manner that constitutes copyright infringement, Customer shall notify VIZZICAL in writing at: sales@vizzical.com and provide all of the following information, as required by the Digital Millennium Copyright Act (“DMCA”): (i) a statement that Customer has identified content in the Services that infringes a copyright of a third party for whom Customer is authorized to act; (ii) a description of the copyrighted work Customer claims has been infringed; (iii) a specific description of where the allegedly infringing material is located in the Services, including a URL or exact description of the content’s location; (iv) Customer’s name, address, telephone number, and e-mail address; (v) a statement that Customer has a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use); (vi) a statement that, under penalty of perjury, the information in Customer’s notice is accurate and that Customer is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and (vii) Customer’s electronic or scanned physical signature. VIZZICAL reserves the right to delete or disable allegedly infringing content, to terminate the accounts of users who are repeat infringers, and to forward the information in the copyright-infringement notice to the user who allegedly provided the infringing content. Cookies. By using the Services or websites, Customer agrees to the use of cookies which VIZZICAL uses to facilitate use of the Services and website. VIZZICAL does not store passwords or any other Customer personal information in the cookies, and VIZZICAL does not sell, trade or rent any Customer personal information to unaffiliated third parties Suspension of Service. VIZZICAL may temporarily suspend the Services if VIZZICAL determines, in its sole discretion, that continued provision would compromise the security of the Services due to, without limitation, hacking attempts, denial of service attacks, mail bombs or other malicious activities, and VIZZICAL will take action to promptly resolve any such security issues. VIZZICAL agrees to notify Customer of any such suspension and subsequent reactivation of the Services. High-Risk Use. Customer acknowledges that the Services are not designed or intended for access and/or use in or during high-risk activities, including but not limited to: medical procedures; on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or the design, construction, operation or maintenance of any nuclear facility. Customer understands that the Services do not allow and should not be used for calls to emergency services numbers (e.g., in the United States 911, or in the United Kingdom 999 and 112). VIZZICAL disclaims any express or implied warranty of fitness for high-risk activities. IN THE EVENT OF AN EMERGENCY WHILE USING ANY SERVICES, HANG UP AND DIAL “911”. USERS MUST UTILIZE THE TELEPHONE SERVICE PROVIDED BY THE USER’S LOCAL CARRIER TO MAKE A 911 CALL. Recordings. Certain Services provide functionality that allows a Customer to record audio and data shared during collaboration sessions. Customer is solely responsible for complying with all federal, state, and local laws in the relevant jurisdiction when using recording functionality. VIZZICAL disclaims all liability with respect to Customer’s recording of audio or shared data while using the Services, and Customer releases and agrees to hold VIZZICAL harmless from and against any damages or liabilities related to the recording of any audio and/or data. Voice and Data Charges; Customer Connectivity. Customer is responsible for all fees and charges imposed by Customer’s telephone carriers, wireless providers, and other voice and data transmission providers related to access and use of the Services. If Customer’s broadband connection or telephone service fails, Customer experiences a power failure, or other events take place outside of VIZZICAL control, the Services may not be fully functional or cease to function. Assignment. Neither party may assign its rights or delegate its duties under the Agreement either in whole or in part without the other party’s prior written consent, which shall not be unreasonably withheld, except that either party may assign the Agreement as part of a corporate reorganization, consolidation, merger, or sale of all or substantially all of its assets. Any attempted assignment without such consent shall be void. The Agreement will bind and inure to the benefit of each party’s successors or assigns. Notices. VIZZICAL may provide Customer with notice (i) in writing by personal delivery, commercially recognized overnight air courier or by certified or registered mail to the address last designated on Customer’s account, (ii) by email to address last designated on the Customer’s account, or (iii) electronically via postings on the VIZZICAL website, in-product notices, or any VIZZICAL self-service portal or administrative center. Unless otherwise specified in this Agreement, notices to VIZZICAL shall be in writing and delivered in person, by commercially recognized overnight air courier or by certified or registered mail to address for the VIZZICAL contracting entity specified below, or such other address as VIZZICAL may provide to Customer. Notice shall be deemed given (a) upon personal delivery; (b) if sent via commercially recognized overnight delivery, on the second business day after notice is sent, (c) if sent by registered or certified mail, on the fifth business day after notice is sent, (d) if sent by email, when the email is sent, or (e) if posted electronically, upon posting. General Terms. Captions and headings are used herein for convenience only, are not a part of these Terms, and shall not be used in interpreting or construing the Agreement. If any provision of the Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the Agreement and the other provisions shall remain in full force and effect. The parties are independent contractors and nothing in the Agreement creates a partnership, franchise, joint venture, agency, fiduciary or employment relationship between or among the parties. No person or entity not a party to the Agreement will be deemed to be a third party beneficiary of the Agreement or any provision hereof. VIZZICAL authorized resellers and distributors do not have the right to make modifications to the Agreement or to make any additional representations, commitments, or warranties binding on VIZZICAL. VIZZICAL failure to enforce any term of the Agreement will not be construed as a waiver of the right to enforce any such terms in the future. Unless otherwise specified, remedies are cumulative. The Agreement may be agreed to online, or executed by electronic signature and in one or more counterparts. No party will be responsible for any delay, interruption or other failure to perform under the Agreement due to force majeure events and acts beyond a party’s reasonable control, but only for so long as such conditions persist. Force majeure events may include: natural disasters; wars; terrorist activities, activities of local exchange carriers, telephone carriers, wireless carriers, and Internet service providers, labor disputes; and acts of government. Contracting Party, Choice of Law and Location for Resolving Disputes. The applicable VIZZICAL contracting entity, notice address, governing law and jurisdiction will depend on where the Customer is domiciled and the specific Services ordered or used, as set forth below.  
Limitation of Liability
  • YOU AGREE THAT VIZZICAL LLC SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE
  • YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VIZZICAL LLC RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL VIZZICAL LLC ’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE
  • IF ANY PROVISION OF THE TERMS OF SERVICE IS HELD INVALID OR OTHERWISE UNENFORCEABLE, THE ENFORCEABILITY OF THE REMAINING PROVISIONS SHALL NOT BE IMPAIRED THEREBY
Indemnification
You agree to indemnify and hold harmless VIZZICAL LLC , its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including legal fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services.