Terms of Service
By using the website ("the Site") and services provided by Vysual, Inc. ("Vysual," "we," "us"), including our SaaS platform for creating, sharing, and fundraising through digital collectibles and visual stories generated by AI ("Services"), you agree to these legally binding rules ("Terms"). You also consent to our Privacy Policy and agree to adhere to any additional rules posted on the Site.
We may modify these Terms periodically. If changes occur, we'll notify you via the Site or email. Changes will be communicated to users based in the European Union at least 15 days before implementation. The effective date of new Terms will be clearly stated, and by continuing to use Vysual after this date, you agree to the new Terms. While translations of these Terms may be provided for convenience, the English version prevails in case of discrepancies.
Vysual is designed for personal, non-commercial use, except as specifically outlined herein.
Creating an Account
To access certain features, you must create an account with us. Provide accurate, complete information during registration. Impersonation or offensive usernames are not allowed, and such actions may lead to account termination.
Your account security is your responsibility. Notify us immediately at support@vysual.ai if unauthorized use occurs.
Account creation is available to individuals who are the age of majority in their jurisdiction, capable of forming a binding contract. Minors aged 13 to 18 may use our Services under a parent or legal guardian's account with their permission and direct supervision. Users under 13 are prohibited. The account owner is liable for all actions taken by minors using their account.
Things Not to Do
We expect all users to help maintain a respectful and safe environment. Prohibited actions include:
Violating laws or infringing on others' rights.
Posting false, misleading, or fraudulent information.
Offering illegal or prohibited items.
Engaging in abusive, defamatory, or harassing behavior.
Distributing spam or malicious software.
Misusing other users' personal information.
Attempting to interfere with the proper functioning of the Services.
Decompiling, reverse engineering, or otherwise attempting to obtain source code of the Services.
How Campaigns Work
Vysual serves community organizations and individuals by providing a platform for storytelling and fundraising through digital collectibles and visual stories. Causes can fundraise, solicit stories for community engagement, or create collectibles as tokens of appreciation. Causes subscribe to our platform, gaining access to analytics, reports, and campaign management tools.
Users can create, share, and collaborate on visual stories at no cost. While users retain rights to their creations, purchasing a story as a donation grants the buyer the right to use the image freely. Vysual facilitates these transactions but is not directly involved in the contract between the user creating the story and the buyer.
How Funding Works
Supporting a Campaign
When you contribute to a campaign by purchasing digital collectibles, your payment is processed immediately, based on the donation amount you specify. The entire transaction amount is collected by Vysual, subject to successful transaction processing.
Organizers may need additional information from you to fulfill rewards or incentives. Such requests will be relevant to the delivery of the reward and will exclude sensitive personal information like Social Security numbers or payment details. For concerns about information requests, contact support@vysual.ai.
Refunds are not offered by Vysual. Campaign management, including the delivery of collectibles and any promised rewards, rests solely with the organizer. Vysual facilitates the transfer of digital collectibles but does not guarantee the products or offer refunds.
Creating a Campaign
Organizers have the discretion to refund donations. Cancelling and refunding a donation absolves the organizer of further obligations to the supporter.
Fees are deducted before disbursing funds to your account, which includes Vysual's 2% fee and any applicable payment processing fees.
Vysual assists in resolving payment disputes. If a dispute arises, we'll represent the charge to settle it. Should the dispute be upheld, you authorize us to charge the provided credit card for the disputed amount.
What We Are Not Responsible For
Vysual is not liable for damages or losses from your use of the Services. We do not mediate disputes between users or between users and third parties. The execution and delivery of campaigns are beyond our control, and we do not endorse any content submitted to the Site. By using our Services, you release Vysual from all claims, damages, and demands arising from disputes or the use of the Services. You assume full risk for engaging with content accessed through the Services.
Our Fees
Creating an account on Vysual is free. Organizations pay a subscription fee for access to the platform and a 2% fee on funds raised through campaigns. Payment processing fees, which vary by location, are additional. All fees will be disclosed for your review and agreement. Should our fee structure change, we will announce updates on our Site. Vysual partners with payment providers to collect funds, but is not responsible for their performance. You are responsible for any additional fees or taxes from using Vysual.
Other Websites
Vysual may include links to third-party websites. Accessing these sites is at your own risk; we neither control nor endorse them. Our partnership with companies like Stripe for payment processing means you also agree to their terms when contributing to a campaign.
Your Intellectual Property
Your content remains yours. However, by submitting content to Vysual, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content in connection with the Services. This includes promotional use and the ability to modify the content for these purposes. You are responsible for ensuring you have the rights to the content you submit and for any royalties or fees due for its use.
Vysual's Intellectual Property
Vysual's content and services are protected by various intellectual property laws. You may use our content for personal, non-commercial purposes only, with a proper license for commercial use available upon request. Unauthorized use, modification, or distribution of Vysual content is prohibited.
How We Deal with Copyright Issues
We adhere to the DMCA and respond to valid copyright infringement notices. Repeat infringers' accounts may be terminated. For copyright claims, contact our designated Copyright Agent at the provided address: Vysual, Inc. Attn: Copyright Agent 9528 Miramar Rd #1275 San Diego, CA 92126 support@vysual.ai
Deleting Your Account
You may terminate your Vysual account at any time by submitting a written request to support@vysual.ai. We'll retain certain information as necessary for legal purposes or for our legitimate business operations. Termination of your account does not affect the rights granted by you in relation to content previously submitted. Campaigns initiated prior to account deletion will not be automatically removed. For questions or specific requests regarding campaign deletion, please contact us directly.
Our Rights
Vysual reserves the right to modify, suspend, or discontinue the Services at any time, for any reason, without notice. We determine eligibility for using Vysual and may cancel accounts or limit access based on violations of our Terms. Our eligibility criteria may change. In jurisdictions where our practices are prohibited, the right to access Vysual is revoked. We reserve the right to cancel transactions, campaigns, or accounts at our discretion. Actions taken by Vysual are not subject to public disclosure, though we will provide explanations for restricted or terminated accounts where appropriate, barring legal or safety concerns.
Warranty Disclaimer
Vysual's Services are provided on an "as is" and "as available" basis without warranties of any kind. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Indemnification
You agree to indemnify and hold Vysual harmless from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.
Limitation of Liability
Vysual and its affiliates will not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Services. Direct damages are limited to $100.
Dispute Resolution and Governing Law
We encourage you to contact Vysual support to resolve any issues before seeking legal recourse. Our support team is available to assist with any concerns, and you can reach out via our Help Center or by emailing support@vysual.ai.
For Creators Based in the European Union: If, after contacting us, you feel your issue has not been resolved, we may agree to engage in mediation in good faith. Mediation may be conducted through organizations such as The Centre for Effective Dispute Resolution (CEDR) or IPOS Mediation.
Governing Law: These Terms, and any dispute arising from the use of the Services, will be governed by and construed in accordance with the laws of the State of Delaware regarding corporate governance matters and by the laws of the State of California for disputes relating directly to the use of the Services, without giving effect to any choice or conflict of law provision or rule.
Jurisdiction: Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City and County of San Diego, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver of Jury Trial: You hereby waive any right to a jury trial in any legal proceeding arising out of or related to these Terms or the Services provided.
Other
These Terms constitute the entire agreement between you and Vysual regarding the Services. They supersede all prior communications. Invalid or unenforceable provisions will be modified to the minimum extent necessary. Your rights under these Terms are not transferable without our consent. Vysual may transfer its rights without restriction.
Effective Date: April 1, 2024.