Terms of Service

Last Updated: May 1, 2025

Welcome to Visiomagic. These Terms of Service ("Terms") govern your access to and use of the Visiomagic website and services. Please read these Terms carefully before using our services.

Acceptance of Terms

By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our services.

Changes to Terms

We may modify these Terms at any time. If we make changes, we will provide notice by updating the date at the top of the Terms and, in some cases, provide additional notice (such as adding a statement to our website or sending you a notification). Your continued use of our services after such notice indicates your acceptance of the modified Terms.

Account Registration

To use certain features of our services, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information and to keep this information up to date. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Privacy

Please refer to our Privacy Policy for information about how we collect, use, and share your information.

User Content

Our services may allow you to create, post, store, and share content, including messages, text, photos, and other materials (collectively, "User Content"). You retain all rights in and to your User Content, and you grant us a non-exclusive, royalty-free, worldwide, transferable, sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in connection with providing and promoting our services.

You represent and warrant that:

• You own or have the necessary rights to use and authorize us to use your User Content as described in these Terms;
• Your User Content does not violate the rights of any third party, including intellectual property rights and privacy rights; and
• Your User Content complies with these Terms and all applicable laws and regulations.

Prohibited Conduct

You agree not to:

• Use our services in any way that violates these Terms or applicable law;
• Use our services for any illegal purpose or to promote illegal activities;
• Impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
• Interfere with or disrupt our services or servers or networks connected to our services;
• Attempt to gain unauthorized access to our services, user accounts, or computer systems;
• Harass, threaten, intimidate, or harm any other user or third party;
• Upload or transmit viruses, malware, or other types of malicious software;
• Collect or store personal information about other users without their permission;
• Create multiple accounts for disruptive or abusive purposes; or
• Encourage or enable any other individual to do any of the foregoing.

Intellectual Property

Our services and all content and materials included on our services, other than User Content, including text, graphics, logos, images, and software, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use our services for your personal, non-commercial use.

Subscriptions and Payments

Some of our services may require payment. When you subscribe to a paid service:

• You agree to pay all fees and charges associated with your subscription;
• Unless otherwise stated, subscriptions will automatically renew until you cancel;
• You authorize us to charge your payment method for the subscription fees;
• If your payment cannot be completed, we may suspend or terminate your access to the paid services; and
• All fees are non-refundable unless otherwise stated.

Termination

We may terminate or suspend your access to our services at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in San Francisco County, California.

General Terms

These Terms constitute the entire agreement between you and us regarding your use of our services and supersede any prior agreements between you and us relating to your use of our services. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect.

Contact Us

If you have any questions about these Terms, please contact us at:

Visiomagic
123 10th Street
San Francisco, CA 94103
United States
Email: [email protected]