Effective from: 11.9.2024

The following terms and conditions govern all use of the Visiofy services (the Services).

The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein (the Agreement). If you create an account to use Visiofy’s platform, you agree that we may automatically upgrade the Services, and these terms will apply to any upgrades. Your agreement is with Visiofy.

Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use any of the Services.

General Terms

• You must be 16 years or older to use the Services.
• Use of the Visiofy platform and related services requires a Visiofy account. You agree to provide complete and accurate information when registering. You are solely responsible for any activity that occurs under your username and for keeping your password secure.
• You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
• One person or legal entity may not use more than one account to circumvent the free tier or trial period time limits of the Services.
• The Services allow you to upload and manage visual assets, including images, videos, and related content (Content). You agree not to use the Services for hosting any illegal or unauthorized files or content.

The following activities and Content are prohibited:

• Illegal content and conduct.
• Intellectual property infringement.
• Technologically harmful content.
• Impersonation.
• Content that collects or shares personal information about visitors in ways that violate the General Data Protection Regulation (GDPR).
• Spam or machine-generated content.
• Any action that requires, or may require, an unreasonable or excessively large load on our infrastructure.
• Use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site.
• Reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site.
• Violating any copyright, trademark, patent or other intellectual property or proprietary right.  

You may not use the Services in any way that could damage, disable, overburden, or impair them, or interfere with another party's use of the Services.

Copyright and Content Ownership

• Your content remains yours, which means that you retain any intellectual property rights that you have in your content.
• You are entirely responsible for the Content hosted on your account and any harm resulting from that Content or your conduct.
• By using Visiofy’s content hosting services, you grant Visiofy a world-wide, royalty-free, and non-exclusive license to reproduce, review, modify, adapt, and publish the Content for any purpose .
• If you delete Content, Visiofy will use reasonable efforts to remove it, but cached or referenced Content may not be immediately unavailable.
• Visiofy reserves the right to refuse or remove any Content that violates these terms or is objectionable, in its sole discretion.

You agree to defend and indemnify Visiofy against any claim, demand, or suit arising from your Content or use of the Services that violates this Agreement or applicable law.

Paid and Trial Services

• Visiofy offers free and paid subscription plans. The features of each plan are specified at https://www.visiofy.com/pricing.
• A two-week free trial is available for new users to evaluate the paid version of the Services.
• If you do not upgrade to a paid plan after the trial period, Visiofy reserves the right to remove your hosted Content.
• Payments for paid plans are collected by stripe.com or by invoice. Subscription fees are charged on a pre-pay basis, covering either a monthly or yearly period as indicated.
• Subscriptions are set to auto-renew unless you cancel before the end of the applicable period.

Responsibility of Visitors

• Visiofy does not review all material posted or shared through its Services and is not responsible for content’s use, effect, or accuracy.
• Visiofy reserves the right to deny access to users who misuse the Services in a manner that could damage, disable, or overburden them.

Intellectual Property

This Agreement does not transfer any Visiofy or third-party intellectual property rights to you. All rights to Visiofy's platform and services remain with Visiofy.

Changes

Visiofy may update these Terms of Service periodically. Your continued use of the Services following these changes constitutes acceptance of the new terms.

Cancellation and Termination

• You can cancel your account at any time by navigating to the "Settings" tab in your account dashboard on https://www.visiofy.com.
• Visiofy may terminate your access to the Services for violation of this Agreement at any time.

Availability

Visiofy will strive to have the Service available 24 hours a day, 7 days a week (“Service Hours”) during the term of the subscription.

Notwithstanding the above mentioned, Visiofy shall have the right to temporarily suspend the provision of the Service during the Service Hours in accordance with the following, without any obligation to compensate any damages or service level failures:

Visiofy shall have the right to suspend the availability of the Service for a reasonable duration, if this is necessary in order to perform installation, change or maintenance work in respect of the Service. If Visiofy suspends the Service for this reason, Visiofy strives to minimize any inconvenience resulting from the suspension.

Visiofy shall have the right to deny access to the Service without any prior notice, if Visiofy suspects that the Customer or User burdens or uses the Service in a manner which may jeopardize the availability of the Service to other users. Visiofy shall without undue delay inform the Customer of the reasons for such denial.

Customer and Users further acknowledge that interruptions to the availability of the Service may also occur due to no fault of Visiofy, for example, in the event of data connection disruptions or interruptions to the availability of systems or components delivered by third parties.

Warranty and limitation of liability

Except as specifically provided under these Terms, the Service is provided “as is” and with the functionalities available at each time without warranty of any kind, either express or implied, including but not limited to the warranties of merchantability, title, non-infringement, and fitness for a particular purpose. Visiofy makes no warranty of any kind that the Service, or any results of the use thereof, will meet yours or any other person’s requirements, operate without interruption, achieve any intended result, be compatible or work with any software, system or other service, or be secure, accurate, complete, free of harmful code, or error-free. Visiofy is not responsible for the circumvention of any privacy settings or security measures contained in the Service, its Website or associated applications.

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VISIOFY SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS OR LOSS OF GOODWILL, COST OF REPLACEMENT GOODS OR SERVICES, OR USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY. VISIOFY’S TOTAL AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS, THE SERVICE AND THE WEBSITE, SHALL BE LIMITED TO THE AGGREGATE SERVICE FEES PAID BY THE CUSTOMER (IF ANY) FOR THE SERVICE FOR THE LAST 3 MONTHS PRECEDING THE OCCURRENCE FOR WHICH DAMAGES ARE CLAIMED.

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Visiofy has no other obligations or liabilities than those that have expressly been agreed upon in these terms.

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Governing Law and Dispute Resolution

These Terms shall be exclusively governed by and construed in accordance with the laws of Finland without regard to its choice of law provisions.

Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one (1). The seat of arbitration shall be Helsinki, Finland. The language of the arbitration shall be English. The arbitral proceedings and award shall be confidential.

Nothing in these Terms shall be deemed to limit the Parties’ rights to seek interim injunctive relief or to enforce an arbitration award in any court of law. With respect to any violation of any intellectual property rights and/or confidential information of Visiofy and/or payment obligations under these Terms, Visiofy shall have the right, at its sole discretion, to seek remedies in public courts within any applicable territory.

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Contact Details

Please contact us regarding these Terms of Service at:

Name: Feel5D Oy

Business ID: FI28551381

Email: info@visiofy.com

Website: visiofy.com

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