Terms of Service

1. Who these Terms cover

These Terms of Service govern the Visualizely websites and, when accepted as part of an account registration, order or other agreement, the Visualizely services. “Visualizely,” “we,” “us” and “our” mean Visualizely Inc., operating in Ontario, Canada. “You” means the customer identified in an order, or the individual using a website or service, as the context requires.

Our services are intended for businesses and their authorized users. An individual accepting on behalf of an organization must have authority to bind it. Account holders must be at least 18 and legally capable of contracting. Requesting a demo, joining a waitlist or browsing a marketing page does not purchase a subscription or authorize a charge.

An order is a written or electronic offer that identifies the customer and service and that both parties accept. A signed master agreement, order or data-processing agreement controls over conflicting provisions here within its subject matter. This Privacy Policy explains personal-information handling; it does not replace a required data-processing agreement or individual consent.

2. Services and availability

Visualizely is an AI-assisted development platform for building websites, applications and business workflows. Depending on the agreed plan, services may include visual interface tools, databases, APIs, reusable components, CRM, AI search, marketing tools and integrations with external systems or industry-specific data sources. Only features and limits included in your accepted order are contracted services.

Demonstrations, illustrative interfaces, roadmaps and descriptions of planned features are not commitments to deliver every feature, meet a particular timetable or achieve a business result. Imports may require manual work; compatibility and retained functionality must be tested. Beta or preview features may change or be withdrawn and should not be relied on for critical operations without suitable safeguards.

We may maintain or improve the service and address security, legal or third-party changes. We will give reasonable notice of material reductions to paid core functionality where practicable and honour any remedies in your agreement or required by law. Uptime, support levels, data residency and disaster-recovery commitments apply only when expressly agreed.

3. Accounts and workspaces

Provide accurate account information, protect credentials, assign appropriate permissions and tell us promptly about suspected unauthorized access. You are responsible for users you authorize and for activities you control; you are not responsible for a security incident caused by our breach merely because it involves your account.

You may subscribe directly or receive access through an employer, client, partner or another organization. The accepted order determines the customer, payer, workspace administrator and permitted access. Paying for or introducing a subscription does not by itself transfer ownership of another person’s content or grant unrestricted access to their data.

Organizations must tell their users what administrators can access and establish appropriate rules for shared records, project ownership, permissions, offboarding and transfers. We act on verified, authorized instructions and may pause a disputed transfer while authority is established. Reseller, referral, commission, wholesale and exclusivity arrangements require a separate agreement.

4. Fees, renewals and cancellation

Your accepted order identifies the subscription, billing currency, applicable taxes, billing interval, included usage, additional charges and any minimum commitment. Published prices are subject to the qualifications shown with the offer. AI usage, third-party data or provider fees, domain services, implementation work or other extras are included only if expressly stated.

Advertising spend is separate from software or campaign-management fees unless your order says otherwise. You must approve campaign budgets and payment arrangements. We do not have unlimited authority to spend on your behalf.

Automatic renewal applies only if disclosed and accepted at purchase. We will disclose renewal price changes before they take effect and provide any notice or cancellation opportunity required by law or the order. A marketing-page price is not permission to bill an existing payment method.

Cancellation, renewal and refund arrangements are set out in your accepted order. If they are not specified, ask us to confirm them in writing before purchasing. These Terms do not create an automatic renewal or a blanket no-refund rule.

Tell us promptly about a billing error so we can investigate. This does not shorten a statutory dispute period. Fees already properly earned and other valid accrued obligations survive cancellation.

5. Your content and our platform

You and your licensors retain rights in the content, designs, business records, prompts, contact data and other material you provide (“Customer Content”). You give us and our service providers the limited rights needed to host, copy, process, transmit, display, back up and modify that content to deliver your requested services, protect the service and comply with law. Public display is limited to content you choose or authorize to publish.

You must have permission to use uploaded photographs, licensed data, logos, imported websites, code and contact lists, and to instruct us to process them. Importing a website does not transfer another person’s rights. You must not upload confidential information from another organization without authority.

Visualizely and its licensors retain rights in the platform, underlying software, controls, tools and template library. During your subscription you may use them as allowed by your plan. Incorporating a template or component into an authorized project does not grant the right to resell the library or extract it as a competing product. Export, self-hosting and post-termination component rights depend on the applicable licence or order; no unrestricted source-code transfer is implied.

We do not gain ownership of your business data through this service licence. AI-generated material may not be unique or eligible for intellectual-property protection, and may include third-party material with separate restrictions.

6. AI and automated features

AI can produce inaccurate, incomplete, biased or insecure output. Review and test generated content, code, database changes, APIs, search results and marketing material before using or publishing them. Keep appropriate human approval for communications, deployments and decisions affecting people.

AI output is not legal, financial, tax, valuation or other professional advice. Do not use it as the sole basis for a consequential decision about housing, employment, credit or another person’s rights. You remain responsible for your instructions and authorized use; this does not excuse our own legal obligations.

AI processing depends on the feature, provider and customer configuration. Before personal or confidential information is used with an AI feature, its applicable processing terms must identify the permitted purposes, retention and any model-training use. This policy does not grant consent to use personal information for general-purpose model training. Contact us to confirm the applicable processing arrangement before submitting sensitive information.

7. Acceptable use and communications

Do not use the service to:

• Break the law, infringe rights, mislead people, impersonate others, discriminate unlawfully or distribute harmful or fraudulent content.
• Send spam, use unlawfully obtained contact lists, disregard unsubscribe requests or circumvent consent requirements.
• Distribute malware, expose credentials, attempt unauthorized access, interfere with other users or bypass usage and security controls.
• Collect or disclose personal information without a lawful purpose, appropriate notice and any required consent.

For email, SMS and other outreach, you must keep required consent records, identify the sender and provide effective unsubscribe options. Canadian campaigns must comply with Canada’s Anti-Spam Legislation (CASL) when applicable. A purchased list, public email address or newly captured lead is not automatically permission for every type of marketing. Connecting an advertising, analytics or messaging provider requires the necessary notices and permissions.

Do not upload payment-card authentication data, health records, government identification, biometric data or similarly sensitive regulated information unless we have expressly agreed in writing to support that use with suitable safeguards. Do not use the service for safety-critical control or emergency response.

8. Privacy, confidentiality and integrations

Each party must protect confidential information received from the other and use it only for the service or another authorized purpose. Disclosure is permitted to personnel and providers who need it and are bound by appropriate protections, or as legally required. Public information, independently developed information and information lawfully received without restriction are not confidential.

You determine the lawful purposes and permissions for personal information in your applications, websites and CRM. We process it to provide the service under the applicable agreement and authorized instructions. A data-processing agreement may be needed before onboarding client data. The Privacy Policy describes our own website and business processing and how these roles differ.

Use appropriate access settings and maintain the backups and independent records your business needs. No internet service can guarantee absolute security. Security incidents are handled under the agreement and applicable notification laws.

Third-party hosting, AI, data, domain, advertising, payment and other services may have separate terms, charges and availability. You authorize necessary exchanges when you connect a service. Review its terms before enabling it. We remain responsible for obligations that law or our agreement places on us for our own providers.

9. Suspension, termination and data

We may restrict access when reasonably necessary to address unlawful activity, a material breach, overdue fees, a credible security threat, loss of required third-party rights or a legal order. Where practicable, we will explain the issue and allow a reasonable opportunity to fix it. Urgent risks may require immediate action, limited to what is reasonably necessary.

Either party may terminate for a material breach that is not remedied within a reasonable period after written notice, subject to any specific process in the order. Other termination rights, including any termination for convenience, are set out in the order or applicable law. We will honour applicable refund and other remedies.

Before access ends, export your content through available tools or contact us to arrange a supported export. Formats, assistance, timing and any charges should be agreed before termination. Do not assume indefinite post-termination access. Deletion follows the agreement, our retention practices and legal obligations; restricted backups and legally required records may remain for a limited purpose.

Accrued payment duties and provisions intended to survive, including ownership, confidentiality, liability and dispute terms, continue after termination.

10. Service limits and warranties

We will provide the services with reasonable care and skill and in accordance with express commitments in your agreement. Except for those commitments and rights that cannot lawfully be excluded, services are provided on an “as available” basis without implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement.

We do not promise uninterrupted or error-free operation, compatibility with every external system, complete accuracy of third-party data or a particular commercial outcome, including leads, sales, rankings, cost savings or increased revenue. Illustrative examples and interfaces are not evidence of customer results. Nothing here disclaims responsibility that applicable law does not permit us to exclude.

11. Liability and third-party claims

To the extent permitted by law and unless an accepted agreement provides otherwise, neither party is liable to the other for indirect, special, incidental or consequential loss, or lost profits, revenue, goodwill or anticipated savings arising from the services. Each party’s aggregate liability arising from the services is limited to the fees paid or payable for the affected services during the 12 months before the event giving rise to the claim.

These exclusions and limits do not restrict liability for fraud, wilful misconduct, gross negligence, or anything that cannot lawfully be limited. They do not waive an individual’s statutory privacy or consumer rights or excuse payment of properly owed fees. Any different indemnity, insurance or liability arrangement must be expressly agreed; these Terms do not impose an unlimited customer indemnity.

If a third-party claim concerns Customer Content, platform rights or misuse of the service, notify the other party promptly and cooperate reasonably in addressing it. Neither party may admit liability or agree to a settlement on the other’s behalf without authority.

12. Ontario law and changes

Subject to mandatory law, these Terms are governed by the laws of Ontario and the federal laws of Canada applicable there. Courts in Ontario have jurisdiction over disputes, except where applicable law gives you the right to bring a claim elsewhere. There is no mandatory arbitration or class-action waiver in these Terms. Contact us first if you would like to try to resolve a concern informally; doing so is not a condition of exercising a statutory right.

We may update these Terms and will show the revised effective date. Material changes to an existing service agreement will be communicated and take effect only through the notice and acceptance process permitted by that agreement and law. Posting new terms does not retroactively change accrued rights or negotiated commitments.

If a provision is unenforceable, the rest remains effective to the extent permitted by law. A failure to enforce a provision is not a waiver. Assignment and other negotiated commercial matters follow your accepted agreement. Electronic orders and notices may be used where legally valid.

13. Industry-specific features

Additional requirements may apply when you use optional features in a regulated industry or connect licensed data. You are responsible for the professional authorizations, permitted purposes and disclosures relevant to your work. The provisions below apply only when you use the identified features.

Real-estate data and marketing

If you use listing feeds, property search or real-estate marketing tools, IDX, MLS®, VOW and other data access depend on the relevant board, association, brokerage and provider approvals, coverage, licences and fees. Access in one jurisdiction does not establish access elsewhere, and an agent licence alone may not authorize a feed. Preserve required attribution, disclaimers, refresh rules and display restrictions. Do not scrape, redistribute or reuse data beyond your permissions.

Listings and AI search results may be delayed or incomplete; confirm important property details with the responsible professional and source. We may remove data when permissions end or a provider requires it. Brokerages and agents remain responsible for registration, brokerage identification, accurate and authorized advertising, image and listing permissions, and supervision. In Ontario this includes applicable requirements under the Trust in Real Estate Services Act, 2002 and RECO rules. Applicable human-rights, fair-housing, privacy and advertising requirements also remain your responsibility.

For these features, Visualizely supplies software and does not act as a real-estate broker, representative or appraiser, or become a party to a property transaction. Templates and tools do not certify regulatory compliance.

14. Contact

For service, billing, contractual or privacy questions, contact Visualizely. Please identify the relevant account or company without including passwords or unnecessary sensitive information.