Terms of Service

1. Acceptance of these terms

By accessing vizionise.com, submitting a form, or purchasing any plan or service from Vizionise ("Vizionise", "we", "us", or "our"), you agree to these Terms of Service. If you are agreeing on behalf of a company or other entity, you represent that you have the authority to bind that entity, and "you" refers to that entity.

If you do not agree to these terms, do not use our website or purchase our services.

2. Our services

Vizionise provides website design and hosting, AI automation, and digital marketing services to businesses. Descriptions, feature lists, and package contents shown on our website are summaries for general information. The specific deliverables for your engagement are those set out in the plan you purchase or in a written proposal or scope of work we provide to you. Where a written proposal conflicts with the website, the written proposal controls.

We may modify, improve, or discontinue features over time. We will not materially reduce the core functionality of a plan you are actively paying for without notice to you.

3. Subscriptions, billing, and automatic renewal

By purchasing a plan, you authorize Vizionise and our payment processor to charge your payment method on a recurring basis for the plan and billing period you selected, at the price in effect at the time of each renewal.

Pricing

Current prices are listed on our pricing pages. Prices are quoted in U.S. dollars and are exclusive of applicable taxes. For digital marketing plans, our fees are management fees only and are separate from any advertising spend you pay to Meta, Google, or any other advertising platform.

Price changes

We may change subscription prices. If we do, we will give you notice before the change takes effect for your account, and the new price will apply from your next renewal. If you do not accept a price change, you may cancel before that renewal.

Failed payments

If a payment fails, we may retry the charge and may suspend or terminate your services until payment is current. You are responsible for keeping a valid payment method on file.

4. Cancellation

You may cancel at any time. There is no minimum term and no long-term contract. To cancel, email [email protected] from the email address associated with your account.

Cancellation stops your next renewal. It does not end your current billing period. You keep full access to your services through the end of the period you have already paid for, and your services then stop at the end of that period.

• Monthly plans. Cancelling stops the next monthly charge. The current month is not prorated or refunded.
• Annual plans. Cancelling stops the next annual charge. You keep full service through the end of the twelve-month period you prepaid. The unused portion of a prepaid year is not refunded and is not converted to a credit.

5. Refunds

We may issue a refund or credit in an individual case at our sole discretion. Doing so once does not obligate us to do so again and does not change these terms.

6. What happens when your subscription ends

This section is important. Please read it before purchasing.

Your website

Your website remains active through the end of your paid billing period and is then taken offline. Vizionise retains ownership of the website design, code, development files, templates, reusable components, hosting configuration, and related intellectual property.

Buyout and transfer

You may request a paid website buyout or ownership transfer. Any buyout or transfer is subject to Vizionise's written approval, payment of all outstanding balances, and payment of any applicable buyout, migration, licensing, or transfer fees. Vizionise may approve, reduce, or waive these fees in certain circumstances at its sole discretion.

Your own materials

Client-provided materials, including logos, photos, videos, written content, trademarks, and business information, remain your property at all times.

Domains

Domains are handled separately from the website. A domain managed or registered by Vizionise may be transferred to you after all outstanding invoices, renewal charges, administrative costs, and transfer fees are paid. Transfer of the domain does not include ownership of the website, design files, code, hosting, software licenses, or other Vizionise-owned assets.

Email and hosted services

Business email, hosting, monitoring, chatbots, automations, and other services bundled into your plan stop when your subscription ends. Export anything you want to keep before your paid period ends.

7. Intellectual property

Vizionise property. We retain all rights in our pre-existing and independently developed materials, including our code libraries, templates, frameworks, automation workflows, design systems, processes, tools, and know-how, along with the website assets described in Section 6. Nothing in these terms transfers ownership of those materials to you.

Your property. You retain all rights in the content and materials you provide to us, including your business name, logos, trademarks, photos, videos, written copy, and business data.

Your license. For as long as your subscription is active and in good standing, we grant you a non-exclusive, non-transferable license to use the website and deliverables we provide for your own business purposes. This license ends when your subscription ends, unless ownership is transferred to you through an approved buyout under Section 6.

Third-party components. Themes, plugins, fonts, stock assets, and other third-party components remain subject to their own licenses, which may continue or terminate independently of these terms.

Portfolio use. We may display work we produced for you, along with your business name and logo, in our portfolio, case studies, and marketing materials. Tell us in writing if you prefer we do not, and we will honor that.

8. Your responsibilities

• Provide content, assets, approvals, and account access promptly so we can do the work
• Provide accurate and complete information, and keep your contact and billing details current
• Maintain the security of any credentials you share with us or we provide to you
• Review and approve deliverables within a reasonable time

You represent and warrant that you own or have the necessary rights to all content and materials you provide to us, and that our use of them will not infringe any third party's rights or violate any law. You agree to indemnify Vizionise against any claim arising from materials you supply.

Project timelines depend on your responsiveness. Delays in providing content, feedback, or approvals will extend delivery timelines, and do not entitle you to a refund or credit.

9. Revisions, content updates, and scope

Plans include a specified number of revisions and a specified allowance of content update time per month, as listed for that plan. Unless we state otherwise in writing:

• Unused revisions and unused monthly content update time do not roll over to later months
• Revisions mean adjustments within the agreed scope, not a new design direction or added pages
• Work beyond the plan's stated scope, including added pages, new features, rebuilds, or rush requests, is quoted and billed separately and requires your approval before we begin

10. No guarantee of results

Marketing, search, and automation outcomes depend on many factors outside our control, including your market, pricing, offer, competition, sales process, responsiveness to leads, seasonality, and changes to third-party platforms and algorithms.

Any figures, estimates, projections, benchmarks, case studies, or sample results shown on our website or produced by our estimator tools are illustrative only. They are based on general benchmarks, are not specific to your business, and are not a promise, projection, or guarantee of the results you will achieve.

11. Third-party platforms and advertising spend

Our services often depend on third-party platforms such as Meta, Google, hosting providers, domain registrars, and software vendors. Those platforms set their own rules and may change them, change their algorithms, restrict features, reject content or ads, or suspend, disable, or ban accounts at their discretion.

Vizionise is not responsible or liable for the decisions, outages, policy changes, pricing changes, or account actions of any third-party platform, or for any resulting loss of visibility, traffic, data, or revenue.

Advertising spend is paid by you directly to the advertising platform and is separate from our management fees. You are responsible for your ad account balances and for any spend incurred.

12. AI features and reviews

Some services use artificial intelligence, including chatbots, automations, and content generation. AI output can be inaccurate, incomplete, or unsuitable for a particular situation. It is not legal, financial, medical, or other professional advice. You are responsible for reviewing AI-generated output before relying on it or publishing it, and for supervising how AI features interact with your customers.

Review generation

Where we provide review request or review generation features, those features must be used in compliance with all applicable platform policies and laws, including the policies of Google and other review platforms and applicable rules on endorsements and testimonials. You are responsible for that compliance.

Vizionise does not solicit, filter, gate, or suppress customer reviews based on anticipated sentiment. Our review features are designed to request reviews from customers and to help you monitor and respond to them, not to screen out negative feedback.

13. Service availability and support

We use commercially reasonable efforts to keep hosted services available and to respond to support requests promptly during normal business hours. We do not offer or guarantee any specific uptime percentage, response time, or resolution time, and we do not provide a service level agreement unless we have signed one with you in writing.

Services may be unavailable during scheduled maintenance, emergency maintenance, or events outside our control, including outages at hosting providers, registrars, or third-party platforms. We are not liable for downtime, data loss, or interruptions caused by those events.

References to always-available or continuously running features, such as an AI chatbot, describe the intended function of the feature and are not a guarantee of uninterrupted availability.

14. Acceptable use

You agree not to use our website or services to:

• Violate any law or regulation, or infringe anyone's intellectual property or privacy rights
• Publish content that is unlawful, deceptive, defamatory, harassing, or harmful
• Transmit malware or attempt to gain unauthorized access to our systems or anyone else's
• Interfere with, overload, or disrupt our website, infrastructure, or services
• Resell, sublicense, or redistribute our services or materials without our written permission

15. Suspension and termination by Vizionise

We may suspend or terminate your services, with or without notice, if you fail to pay amounts due, breach these terms, use the services unlawfully, or create risk or legal exposure for us or others. We may also terminate a subscription for convenience by giving you notice, in which case we will refund any amount you have prepaid for service beyond the termination date.

On termination, Section 6 governs what happens to your website, domain, and materials.

16. Disclaimer of warranties

Our website and services are provided "as is" and "as available", without warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the services will be uninterrupted, timely, secure, or error-free.

17. Limitation of liability

To the fullest extent permitted by law, Vizionise will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any lost profits, lost revenue, lost business, lost goodwill, lost or corrupted data, or business interruption, even if we have been advised of the possibility of those damages.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. In that case, our liability is limited to the greatest extent permitted by law.

18. Indemnification

You agree to defend, indemnify, and hold harmless Vizionise and its owners, employees, and contractors from any claim, demand, loss, liability, damage, cost, or expense, including reasonable attorneys' fees, arising out of or relating to the content and materials you provide, your use of the services, your products or services, or your violation of these terms, any law, or any third-party platform policy.

19. Governing law and venue

These terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules. You agree that any dispute arising out of or relating to these terms or our services will be brought exclusively in the state or federal courts located in Pinellas County, Florida, and you consent to the personal jurisdiction of those courts.

20. Changes to these terms

We may update these Terms of Service from time to time. When we do, we will revise the "Last updated" date at the top of this page and post the updated version here. For material changes affecting an active subscription, we will make reasonable efforts to notify you. Continued use of our website or services after an update means you accept the revised terms.

21. General

Entire agreement. These terms, together with our Privacy Policy and any written proposal or scope of work, are the entire agreement between you and Vizionise regarding the services.

Severability. If any provision is found unenforceable, the rest remains in full effect and the unenforceable provision will be modified to the minimum extent necessary.

No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

Assignment. You may not assign these terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.

Independent contractor. Vizionise is an independent contractor. These terms do not create a partnership, joint venture, employment, or agency relationship.

Survival. Sections 5, 6, 7, 10, 16, 17, 18, and 19 survive termination.

22. Contact us