Visme Terms & Conditions of Use

Please read these Terms carefully. By using Visme or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement.

These “Terms of Use” (sometimes referred to as this “Agreement”) constitutes a legal agreement between you and Visme, a service of Easy WebContent, Inc. (“Visme”, “Easy WebContent”, “we,” or “us”). You are a customer (“Subscriber”) (or will become a Subscriber if you agree to our Terms of Use by submitting an account via our Sign-up Form). The “Term” is the time during which you are entitled to use our system to create and deploy our services. If an individual purports, and has the legal authority, to sign these Terms of Use electronically on behalf of an employer or client, “you” refers to the employer or client. If not, “you” refers to the individual signing hereon. You are responsible for assuring that all the terms and conditions of this Agreement are complied with. By submitting the form to join Visme, you will be agreeing to the terms of this Agreement. In addition, by submitting that form, after typing in your name, E-mail, or other indication of your identity, you do confirm to us that typing in such indication of identity constitutes your “signing” of this Agreement for all purposes under applicable law. Any individual submitting the form on behalf of another individual or entity, listed as the Customer above, does hereby represent and warrant that such agreement is being made with full authority.

Terms and Conditions in a nutshell:

– Pay for use of the service (No payment is due for free version and you have no obligation to sign-up for Premium plans as a free subscriber)
– We provide free/trial period of our services so you can try before you consider paying for Premium plans to see if our service fits your needs.
– We’ll provide use of the service. You use the service for creating digital content on your browser.
– You do not use Visme service to create unlawful or malicious content, add external images and assets unless you have permission or are authorized to use.
– We take no responsibility in any way for the content changes and your overall usage of Visme.
– You cannot resell Visme services unless you are signed up for a reseller plan or have direct permission from us.
– Visme has the right to suspend and/or cancel your account if it finds use of service for inappropriate material that is pornographic in nature, illegal activity and information that is inappropriate.

Visme and Conditions in detail:

1. General Terms
These terms regulate the provision of all services operated under Visme website http://www.visme.co, http://www.easywebcontent.com and all sub-domains associated with the service (the “Service”). Your use of any Service is subject to these Terms and Conditions. Visme holds the right to update and change these terms at anytime without notice or acceptance by you. By signing up for the Service you fully accept these Terms and Conditions.

2. Overview of Terms

You agree that the Service, contains copyrighted material both electronic and printed media, software, documentation, photos, trade secrets, and other intellectual property. The Service and material are the proprietary property of Visme. You agree that you will not store, copy, lease, rent, loan, transfer, transmit, display, or attempt to discover any programming code or any source code used in or with the Service. You may not sell, assign, rent any right in the Service which includes Software, Documentation, Code, in any manner in whole or in part.

You agree that violations by you or any other person, party, company, or entity will be prosecuted to the fullest extent of the law in federal and state courts of Maryland, United States.

3. Services

The service is a web based service and allows users that register for an account to create digital content in form of Presentations, Infographics and other forms of visual content.  Once the content is created using the Service it can only be published in the Visme hosting environment, embed to a website or downloaded for offline use depending on service level.

You understand and agree that Visme may implement and establish limits concerning the Service and may modify such practices from time to time without notice to you.

To register for service you must provide Visme with a valid email address which will also serve as your username; a password may be assigned to you and you can change it if desired from your login area. You are responsible for maintaining confidentiality of your password and information and are fully responsible for all activities within your account and Service. It is your responsibility to select strong passwords and change it from time to time to reduce and minimize risk of your account access by others.

During the registration process you agree to provide true, current and updated information about yourself. Visme holds the right to contact you at anytime via your email address or phone regarding any account changes, notifications, updates, but not limited to account introduction materials.

4. Service Terms
Visme does not allow the use of pornographic, sexually explicit, or violent nature material, photos, hate material, content with the sole purpose of causing harm, cracking programs, virus material, pirated software sites to be used with the Service.
Visme holds the right to suspend and terminate your account at anytime without further notice. You understand that all information, data, photo, content, images, forms, any tools used with the Service are the sole responsibility of the person from which registered for the service or the content originated. Visme is in NO WAY responsible for any content you uploaded, posted, transmitted to the Visme servers and Service. You understand that by posting your content with the Service you may be exposed to content that is offensive or objectionable, under no circumstances will Visme be liable in any way for your content or postings. Visme has the full right to remove any content that is against the Terms and Conditions posted on this page at anytime without any notice to you. You understand that if Visme is contacted by third parties claiming the material you have posted on your website is offensive or infringes upon copyright / patent laws or offensive in nature, Visme has the full right to remove such content or suspend your account. You also understand that by law Visme holds the right to preserve the content and text of your use of the Service and may also disclose the content if required to law enforcement.

Content created with Visme includes backups, but it is the users responsibility to always secure and backup their own files, images, photos, content and any related content uploaded by the user with the Service. Visme is not in any way responsible for any lost data, broken content, images, photos you add or create using Visme service.

Individuals under the age of 13 are prohibited from creating or using accounts through Visme websites. Students under the age of 13 may, however, use Visme services through accounts created by their teachers provided the teacher has obtained signed parental consent from the student’s parents.

5. Fees, Chargebacks, Refund Policy, Cancellation Policy
Once user agrees to convert to a paying customer (Premium plans) from a free version, the user agrees to pay the Service dues either on a month to month pay as you go service or a 12 month contract agreement with Visme. The first payment may be pro-rated to the upcoming billing period which occurs mid-month and will automatically renew until user has canceled account.

– Visme will not under any circumstances issue a refund for early contract termination once the clients credit card or Paypal account is charged and/or auto-renewed. We are required to provide a refund only if we terminate our Services to you without cause before the end of a month for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We may, at our sole discretion, offer refunds in other situations subject to any customer seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.

– Any user who disputes a credit card payment that is found to be a valid charge, will be appealed to our processor and further the user is subject to being permanently black listed from the Visme and no longer will be able to use the Service.

– Cancellations must be applied by the user from their login area. If user does not remember their login, it is user’s responsibility to contact Visme for assistance to login to the account to manage  settings.  It is user’s responsibility to cancel a service prior to next billing period if user wishes to no longer use service in the future. Refunds will not be provided or given to any account after the charge date.

6. Taxes

Visme is not liable for any taxes or other fees paid in accordance with purchases made from the user using the Service at Visme. The user takes full responsibility for all taxes and fees associated with the Service.

7. Visme Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the website and the services including any downloads from Visme website and/or services. Under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. our total liability in any event is limited to the amount, if any, actually paid by you for use of the website and the services for the one (1) month period ending on the date a claim is made and you hereby release us and our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.

– User shall defend, indemnify Visme harmless for any and all demands, liabilities, losses and costs and claims including attorney fees, that may arise or result from any service provided by Visme.

– You agree to hold Visme and its subsidiaries, affiliates, officers, directors, agents, employees, co- brands, sister companies, partners, harmless for any claim or demand, due to arising out of your Content, your use of Service, your guest and visitor actives, your connection to the service, your violation of the terms and service listed here.

IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. DISCLAIMER AND WARRANTIES

You understand that your use of the service is at your sole risk. You agree that the Service is provided on an as is basis and that Visme holds no liability or fault of any kind.

Visme will make significant effort to maintain and upgrade the Service, however, Visme is not responsible for loss of data, damage, revenue, customer information or other harm related to any information uploaded or used with the Service.

Any information downloaded with the Service or obtained through the Service is done at your own risk and discretion.

Notices to you may be made to you by email, the notices may also provide changes and updates to the Terms and Service.

9. Termination
Either party may terminate the Term of this Agreement at any time for any reason by providing Notice to the other party. We may suspend our Services to you at any time with or without cause. We will refund a pro rata portion of your monthly prepayment if we terminate you without cause. If you violate any of the terms of this Agreement, we reserve the right to terminate your account immediately with cause. In the event of termination of your account with cause, you understand that no refund will be given. Once terminated, we may remove any of your related data and files from our Website and any other storage. Additionally, if you do not log in to your account for 12 or more months, we may deem your account “inactive” and permanently delete your account and all data associated with it.

– You may cancel the Service at anytime logging into your account and cancel your account. No refunds are applicable if a charge to your account has already been made. It is your responsibility to cancel your account prior to next billing date if you wish to no longer use service or incur additional charge.

– After cancellation you will no longer have access to the Service including your content, files, images, and any other files uploaded to the Visme system.

10. Applicable Law and Jurisdiction
This Agreement will be governed by the laws of the State of Maryland. Except as otherwise provided in this page, each of the parties does hereby agree that any dispute related to this Agreement, any other agreement between the parties, the Privacy Policy or the Services, will be decided by the state and federal courts located in Montgomery County, Maryland and agrees that that party is subject to the jurisdiction of such courts in such locality. If, under applicable law relating to the selection of venue in Maryland, a case may not be brought in a court located in Montgomery County, the case may be filed in a state or federal court of competent jurisdiction located in the State of Maryland where the case may be brought.

11. Non-Payment and Suspension of Service

In addition to any other rights granted to Visme herein, Visme reserves the right to suspend or terminate this Agreement and Customer’s access to the Service if Customer’s account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. If Customer or Visme initiate termination of this Agreement, Customer will be obligated to pay the balance due on Customer’s account computed in accordance with the Charges and Payment of Fees section above. Customer agrees that Visme t may charge such unpaid fees to Customer’s credit card or otherwise bill Customer for such unpaid fees.

In the event Customer’s account becomes three days (3 days) or more overdue, in addition to and not in lieu of any of its other rights or remedies under this Agreement, Visme reserves the right to suspend the Service provided to the Customer and block access to the system. Visme also reserves the right to impose a separate reconnection fee should Customer thereafter again request access to the Service. Customer agrees and acknowledges that Visme has no obligation to retain customer data if the account is more than 30 days overdue, and such customer data may be irretrievably deleted if the account is unpaid after 30 days.

12. Force Majeure : We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, then current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slow downs over the internet or any third party internet service providers.

13. Survivability
The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.

14. Severability
The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.

15. Amendments
No amendment or other change of this Agreement shall be effective unless and until the revised Agreement is posted by us on the Website.

16. Interpretation
The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.

17. No Changes in Agreement at Request of Member
Because of our huge number of Members, we cannot, as a practical matter, change this Agreement for any one Member or group of Members. If we did that, keeping up with the changes alone would be a logistical nightmare. In addition one reason we are able to offer our service at such a low cost, is that we are able to use this Agreement to reduce our financial risks.

18. Entire Agreement
The terms of the Privacy Policy posted on this Website are incorporated by reference herein. This Agreement, including such policy which is incorporated by reference herein, embody the entire agreement and understanding of the parties, and supersedes all prior agreements, representations and understandings between the parties hereto, relating to the subject matter hereof.