Terms and conditions applicable to the use of the Services
(Effective date: September 1, 2020)
The platform accessible through the visible.me domain name (the “Site”), the Visible.me app (the “App”), and the services offered through both the Site and the App are provided by VISIBLE.ME (hereinafter referred to as “us”, “we” or the “Company”), a United States entity with registered address at 6907 Magenta Lane. Austin, TX 78739. You may contact us by sending an email to firstname.lastname@example.org or filling out this Visible.me form.
In order to be able to use the Services, you will need to create an Account (as this term is further described in section 2.a below) and comply with other requirements set forth in these STC. Please note that the Account also enables you to use the functionalities aimed at interacting with the product accessible through the Site and the App. Should you decide to use those functionalities, the Developer Terms and Conditions apply to you in addition to these STC.
Access to the Services
- Eligible individuals
Services are offered to individuals and companies, either conducting business activities on their own or acting as consumers. For purposes of these STC, ‘consumer’ shall be interpreted as any individual or company using the Services for a purpose other than to conduct a business or commercial activity.
The Services are only addressed to individuals being sixteen (16) years of age or older. By filing out the registration forms and requesting into our Services, you warrant and represent that you have that legal age.
- Account creation
In order to access the Services, you will need to register and create a personal and non-transferable account(the “Account”). To this end, you must provide true, accurate, current, complete and accurate information, as requested during the registration process, that refers to you. You cannot sign up or otherwise create an account with us on behalf of a third party.
We may provide different plans offering different functionalities and features, and subject to different pricing conditions. Services definition may vary from time to time and further and detailed information on the current features and functionalities of the Service is provided during sign up process. Account ownership is based on the data provided when signing up and, to this end, it is important as mentioned above that all information you have submitted is true, accurate, current and complete. Note that when you are providing your information and accepting these STC, you are entering into an agreement with us which described which are the obligations we have with regards to each other. If you have problems accessing or logging in into the Services, please contact us.
- Provision of the Services
Once Account has been successfully created, Services will be available and ready to use. Note, however, that access to and use of certain functionalities and Services may be subject to payment requirements. We will provide any information in connection with the same in the Site and/or the App.
This section does not preclude your rights as consumer under section 7 below —if you are using the Services as a consumer, you are entitled to cancel and withdraw from these STC and the Services under the terms and conditions detailed in that section.
- Services and third parties service providers
To ensure you are provided with high-quality Services, we may rely on from time to time third parties service providers. You understand that those providers act beyond our reasonable control and that we shall not be held liable by any damages caused by an action or omission attributable to them.
Also, you may decide to use third parties to process the information you may collect through the Services. In all those cases, you acknowledge and agree that those third parties are beyond our reasonable control, and that we will not be liable for any damages arising out the use of said information by those third parties. We recommend you to carefully review any terms and conditions governing the use of those third parties’ services and any integration tools they may offer before start using their services. Note that the use of said services may result in the transmission of any kind of information (either confidential or having a personal nature, among others) outside our platform, and third parties not related to the Company may subsequently be gaining access to, modifying or even deleting said information.
- Account security and credentials
Accounts are to be used by you, and it is strictly forbidden to share nor allow others to use it. You must keep credentials for your Account secured at all times. It is strictly forbidden to share said sets of data with any third parties, nor to write them down for recovery purposes. Should you suspect that your Account or your credentials have been or are being used by a third party, or have been compromised, you must contact us immediately at email@example.com. Otherwise, we may attribute all use of your Account to you, and you agree to be responsible for all activities that occur under your Account.
- Use of your Account and Services
You must use your Account and the Services complying with law and public order. In particular but without limitation, you shall not:
- Access the Site, App, Accounts and/or the Services by any means other than through interfaces provided by us and as otherwise expressly authorized under these STC;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise tamper the security measures, usage rules or other protection measures implemented by us, our service providers or any third parties to protect the Site, the App, the Accounts or the Services, as well as the restricted features or functionalities available for given categories of Accounts other than the one you are holding, or to attempt to do any of those actions;
- Access, tamper with, or use non-public areas of the Service or the Site or App, the computer systems of the Company, or the technical delivery systems of our providers;
- Processing of data considered as ‘sensitive’ under European data protection laws as well as those relating to payment details can only be done as long as you have obtained our prior written approval;
For clarification purposes, this includes health data or any other information relating to an individual’s health, as well as to upload any documents related to the same or ask for the upload of the same;
- Use any metatags or other hidden text or metadata in the Site, the App or Services, as well as forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- Use, display, mirror, or frame the Site, App or Services, any individual element within the Site or Service, the layout and design of any portion of the Service or the Site or App, or the intellectual property rights and other proprietary rights of the Company;
- Attempt to access or search the Services, Site or App, or scrap or download content from the Services, Site or App, or otherwise use, upload content to, or create new links, reposts, or referrals in the Services, Site or App through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers or search engines;
- Reverse engineer, decompile or disassemble software used in connection with Visible.me, Site, App or Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services, the App or the Site;
- Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Site, the App or the Services or your access to or use of the Site, App or Services;
- Impersonate or misrepresent your affiliation with any person or entity, as well as stalk or harass other users or third parties, or share or use offensive or pornographic materials;
- Activities such as vulnerability scanning, load testing, penetration tests or bypassing our security measures in any intended way are strictly prohibited to be carried out on our platform without our previous written approval;
- Use the Services and, in particular, the functionalities aimed at ensuring interaction of the Services and our product to monitor the availability, performance or functionality of our Services or the Site or the App, or for benchmarking or other competitive purposes;
- Send any unsolicited or unauthorized electronic commercial communications, chain letters or other form of non-authorized solicitation; or/and
- Otherwise, use the Account, Site, App or Services in a manner contrary to the rights and legitimate interests of the Company or any other third party, or in any other manner that may tamper, disrupt, overload or otherwise damage the Site, the App or the Services. You may let us know about any abuse by filing out the following Visible.me: https://www.visible.me/contact-us
For avoidance of doubt, you —or any third party authorized by you— may carry out any action that enables the Services or the App to interoperate and communicate with a given software program, provided that any such integration has been developed by means of the public APIs and related products and services provided by us as part of our range of technical products for developer and integrator users. You understand that we do not control the use of any information collected by third parties —regardless of whether said collection of information took place in the past, is taking place in the present or is intended to be carried out in the future— by means of said integrations and that further third parties’ terms and conditions may apply to you APIs usage. Therefore, you understand and agree that we shall not defend, indemnify or hold you harmless for any and all costs or damages arising from those third parties actions and integrations.
- Materials available in the Services or the Site
The Site, the App and the Services may include information, graphics, text, images and other materials uploaded by other Account holders or third parties. Said materials are solely for your use in connection with the Site, App and Services, and their legality, accuracy and completeness are the sole responsibility of the party that have uploaded them to or provided as part of them. Use of the materials may be subject to specific terms and conditions or license terms, and you are responsible to obtain any required licenses or authorizations, and to comply with any licenses or terms and conditions applicable to them.
- Your contents
We do not claim ownership on the contents you may upload or otherwise use in connection with the Site, App or Services. However, to ensure we can provide you with the Services, you grant us a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable, license under all your intellectual property rights to use, reproduce, distribute, communicate and public perform or display (including, among others, the rights to broadcast and transmit), transform and modify, and/or adapt your contents in connection with the operation of the Site, the App and/or the Services. You represent and warrant that you have the rights necessary to grant the license hereunder, and that your contents do not infringe the law or third party rights or interests.
Please note that by submitting contents (photos or videos) into the Service, said contents are made publicly available to third parties. Please, evaluate whether you want to share said contents under those conditions before submitting them as part of the Services.
- Third parties’ intellectual property & other proprietary rights
Without prejudice to section 3.b above, you accept not to upload into the Services or the Site or App, or post, email, transmit, share or otherwise use, in conjunction with, or related in any manner with the Services contents in respect of which you do not count with the prior authorization of their titleholders. We are not responsible for said contents nor the actions you may take with respect of the contents, and you shall not use third parties’ contents unless you have first obtained the permission of its owner.
By way of example, you shall not use photographs, music, texts, graphics, information, trademarks, trade names, or other contents protected under intellectual property rights that are not yours, except when the corresponding owner has expressly given its approval. It is strictly forbidden to use the Services to circumvent the rights of any titleholder upon its intellectual property or other exclusive rights, such as for instance, providing through the Services links to P2P platforms including infringing materials.
Notwithstanding section 11 below, we may delete at any time any content that breaches this section, without prior notice and accepting no liability for any such deletion.
- Review of your contents
You acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud or when unlawful content is reported to us, we may be required by third parties to review certain content submitted by you to determine whether it is illegal or whether it breaches these STC. We may at our sole discretion modify, prevent access to, delete, or refuse to display content that we believe violates the law or these STC. However, you acknowledge that we have no obligation to monitor or review any content submitted by you.
- Obligations vis-à-vis Respondents
- Account information
You undertake to submit true, accurate, current and complete information for the Account creation, and to notify us from time to time so as to keep said information actual and accurate. In particular, when providing details on payment methods used for paying any fees associated with our provision of the Services to you, to make sure that said method is valid and can be used by you.
- Collaboration with us
You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of the Company in connection with the use of the Site, the App, your Account or the Services.
Fees and payments
Payment for the Services shall be subject to the Payment Terms and Conditions, which are included into these STC by reference.
The term for our Services shall commence upon creation of an Account with us and shall remain in force indefinitely unless terminated by you. Any Account having pre-paid features shall be subject to a particular term, as selected by you when signing up for said Services, and shall automatically renew on monthly or annual periods, depending on the term contracted, unless you, at any time, decide to cancel their renewal of your Account. In any such cases and except that you decide to cancel your entire Account, the subscription for which you have paid for will run for the entire contracted term, and your Account will be downgraded to a basic free Account.
As mentioned above, you may terminate your Account at any time, and we reserve the right to terminate your Account under the conditions set forth in section 6 below. These STC apply as long as you count with an Account at our Site/App, regardless on the type of Account you held at each moment (free or paid one).
This section shall not prevent the rights you have as a consumer in connection with the cancellation of or withdrawal from your Account. For further information please refer to section 7 below.
Suspension and termination of the Account
- Termination or suspension by the Company
We are entitled to suspend your Account in the event that you provide us with untrue, inaccurate, not current or incomplete information when creating your Account, as well as when you fail to comply with these STC or other mandatory provisions by law. Upon occurrence of any of these, we will contact you and request you to remedy your breach of these STC.
We are entitled to terminate your Account in the event you fail to redress any STC breach in the non-extendable term of fifteen (15) calendar days from notification date. Additionally, your Account may be terminated in the event you substantially breach these STC, including without limitation any case in which the Account is used to commit fraud (e.g. to carry out phishing attacks) or willfully addressed to breach the law. Account termination may result in data loss.
- Termination by you
You may terminate your Account at any time by using the account termination option. If you terminate your Account you may still be able to access the Site or the App, but you will not have access to the Services, features and content that are available to Account holders. Please note that this may result in data loss.
Cancellation of your subscription – withdrawal right
The Services are available upon completion of the sign up process and creation of your Account (except for those functionalities subject to any of the subscription plans provided by us). By creating your Account and expressly requesting the Services, you waive to your withdrawal right, if applicable.
Social media and third parties’ platforms
The Services may include functionality that allows you to access and post content to social media and third parties platforms regarding your activities while using our Services. If you choose to use this functionality, we may:
- have access to certain information that you make available through the social media or third parties’ platforms at issue, provided that the data has been made available to us under the terms and conditions and privacy policies set forth by said third parties; or
- post status messages, notes, photos, videos and other materials to the applicable Social Media or third party platform on your behalf.
Subject to all the applicable third parties’ terms and conditions and privacy policies, by connecting your Account with your account on a social media or third party platform, you grant us permission to access and use the information that you make available through the social media or third parties’ platform at issue. To manage the information provided to us, please review the privacy settings applicable to your social media or third parties’ platform accounts.
Disclaimer of warranties and damages
To the maximum extent permitted by applicable law, the Site, the App and the Services are provided “as is”, “with all faults” and “as available” and the entire risk of use and performance, remains with you. The Company and its suppliers do not make any representations, warranties, or conditions, express, or implied, or statutory, and hereby disclaim any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, quiet enjoyment, or non-infringement and does not make any warranty or claim that the Services will be available or provided on an uninterrupted, timely, or secure basis; will be accurate, complete, reliable, or function properly; meet your requirements; be error free or free from viruses, worms, or other harmful or malicious components. You may have additional rights under your local laws that these STC cannot change and, in any such cases, the Company’s liability is limited in accordance with and to the extent permissible under said local laws.
Limitation of liability
To the maximum extent permitted by applicable law, in no event will the Company be liable for any consequential, incidental, exemplary, punitive, or special damages, including any damages to or for loss of data or privacy, revenue, profits, or property (including buildings, wiring, fixtures, devices, computers, peripherals, and animals) or for injury or death, arising from or relating to these STC, your Account, or the Services.
Subject to sections 9 and 10 above, Company’s maximum, aggregate liability to you , and your exclusive remedy under these terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these terms, your Account, the Services, the Site or the App will not exceed a total maximum amount equivalent to fees paid to the Company in the last twelve (12) months preceding the date in which the damage took place.
The limitation of liability set forth in this section shall only apply to the maximum extent permitted by law. In particular, it shall not be applicable in the event of gross negligence or willful misconduct, or —subject to you using the Services as a consumer— injury or death.
You shall indemnify, defend and hold the Company, its officers, directors, employees, agents, partners, suppliers, and/or licensors harmless and will keep them indemnified from and against any claim, loss, expense, liability, damage, or demand, including reasonable attorney’s fees, relating to, arising from, or allegedly arising from (a) your use of the Site, the App or the Services, and activities occurring under your Account; (b) any violation of these STC; or (c) your violation of any other party’s rights or applicable law. The Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Amendments to the STC
We may modify from time to time these STC. We will provide you with reasonable prior written notice of any change. Should the changes substantially modify these STC, we will provide you with prior notice. If you do not agree to any amendments to the STC, you shall (as your sole remedy) stop using the Site, the App and the Services. By continuing to use the Services, the Site, or the Services, you are providing your agreement to be bound by the updated terms of the STC.
The illegality, invalidity, nullity or unenforceability of any of the sections of these STC will not affect the validity of its other provisions, which shall remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted sections.
If, at any time, we fail to respond to a breach of these STC by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in writing and signed by the Company.
Payment Terms and Conditions
Effective date: September 1, 2020
This document (the “PTC”) sets forth the terms and conditions under which the services provided through the visible.me domain name (the “Site”) and related App (the “App”), and offered by Visible.me (the “Services”) are to be paid and invoiced. Visible.me (“us”, “we” or the “Company”) is a United States entity with registered address at 6907 Magenta Lane. Austin, TX 78739. You may contact us by sending an email to firstname.lastname@example.org or filing out this contact-us form.
We reserve at any time the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Site and the App, in connection with those of our Services selected by you. We reserve the right to change the price and to institute new charges at any time upon notice to you (i.e. on the website and/or by email).
By continuing to use or access the Services after such changes come into effect, you agree to be bound by the new or increased charges. Any fees paid hereunder are non-refundable, except when required by law.
Subject to applicable legal requirements, failure to pay fees may result in the suspension or termination of your Account, as this term is further described in the Service Terms and Conditions, and may further result in a loss of your data associated with the use of the Services.
The prices for the Services include VAT and any other taxes, as applicable. VAT is the value added tax that must be applied to our services sold within the European Union (EU). If you are located within Spanish territory, VAT must be paid in all cases. If you are located within the EU and you have received a VAT number issued by a member State of the European Union, you may use your VAT number when making payment and, thus, you may be exempted from paying VAT.
Payment of the Services is to be made by credit or debit card. Payments are processed by means of a third party, which is certified in accordance with PCI Level 1 requirements. Therefore, we have no access to payment information, nor subsequently store said piece of information.
Invoicing and reimbursements
The Services are invoiced in advance, with monthly or annual frequency, depending on the period contracted. We will be sending you the invoice in paper, unless you have authorized to receive it electronically to the email address you provided when creating your Account.
Fees are nonrefundable. We will not refund any amount nor grant any credit for contracts that are cancelled before reaching their end date.