Terms and Conditions
Last Updated: January 15, 2025
INTRODUCTION.
Thank you for choosing to visit Visitid.ai, herein referred to as "Company", “Visitid.ai”, "We", "Us", or "Our". The following Terms and Conditions ("Terms") delineate the governing framework for your access, interaction, and use of all features, functionalities, services, content, and offerings presented, facilitated, or offered through our official website, sub-domains, affiliated platforms, app, and Service (collectively, "the Platform"). You, as the user of the Platform, and us, the Company, may collectively be referred to as “Parties” within these Terms. The term "User" within these Terms shall have distinct meanings based on the applicable agreement governing your use of the Services:
Agency/Reseller Users: If you are an agency or reseller utilizing the Services to resell, market, or provide access to End Users, you are bound by the Master Services Agreement (MSA), which outlines your rights and obligations.
Direct Users: If you are a direct user of the Services accessing them for your own purposes, you are bound by the End User License Agreement (EULA), which governs your use of the Platform and its features.
Our Platform is designed to provide you with an in-depth understanding of our services, offerings, and operations, and to facilitate your interaction and engagement with us. By accessing, browsing, registering, or engaging in any form of interaction on or through our Platform, you willingly and expressly acknowledge, accept, and agree to be bound, without limitation or qualification, by these Terms. Furthermore, you confirm that you possess the legal authority to enter into this agreement, and that you will abide by all of its stipulations. It is imperative that you read and comprehend these Terms in their entirety before proceeding. If, for any reason, you disagree with or cannot comply with these Terms, we urge you to refrain from using our Platform.
In addition to these Terms, you are also bound by our Privacy Policy, which explains our practices concerning the collection, use, and sharing of your personal information. By agreeing to these Terms, you also consent to the data practices stated in our Privacy Policy.
We reserve the right to modify, amend, replace, or terminate these Terms at any point in time, at our sole discretion. It remains your responsibility to periodically review these Terms for any updates or changes. Your continued use of our Platform post any modifications signifies your acceptance of the amended Terms.
SERVICES.
By using the Platform, you gain access to our proprietary software, tools, and services designed to analyze and identify visitors to your website(s) ("Services"). The use of the Services is governed by either the End User License Agreement ("EULA") or the Master Service Agreement ("MSA"), depending on the nature of your relationship with us:
EULA: If you are a direct user of the Services, your use is governed by the EULA, which outlines the terms and conditions specific to individual or business users utilizing the Services for their own purposes.
MSA: If you are an agency or reseller utilizing the Services to market, resell, or provide access to End Users, your use is governed by the MSA, which specifies the terms applicable to such arrangements.
Both the EULA and MSA are hereby incorporated into these Terms by reference. By accepting these Terms, you agree to comply with the applicable agreement. In the event of a conflict between these Terms and the EULA or MSA, the terms of the EULA or MSA will govern your use of the Services.
The Services are provided on an "as is" and "as available" basis. We reserve the right to update, modify, or discontinue certain features of the Services at any time without prior notice. Continued use of the Services constitutes your acceptance of any such updates or modifications.
PAYMENT TERMS.
All payments for the Services are subject to the terms outlined in these Terms and the applicable governing agreement—either the End User License Agreement ("EULA") or the Master Services Agreement ("MSA").
Direct Users: Payments for direct users are governed by the EULA. Direct users must prepay for the Services as specified during the purchase process. Payment is required in full before access to the Services is provided. Subscription-based pricing and terms for renewals are outlined in the EULA.
Agency/Reseller Users: Payments for agency/reseller users are governed by the MSA. Agencies or resellers must purchase credits in advance and allocate them to subaccounts under their management. Invoicing for additional credits or recurring purchases will be handled in accordance with the terms of the MSA and applicable Statement(s) of Work ("SOW").
General Payment Terms: All payments are final, non-refundable, and must be made in U.S. dollars unless explicitly stated otherwise. Users are responsible for any applicable taxes, fees, or other charges associated with their purchase or use of the Services, unless stated otherwise.
Non-Payment and Suspension: If a payment fails or is disputed (e.g., chargebacks), the Service Provider reserves the right to suspend or terminate access to the Services until the outstanding balance is resolved.
USER OBLIGATIONS.
As a user of the Platform, you agree to the following obligations:
Compliance with Laws: You are solely responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and industry standards, including but not limited to the California Consumer Privacy Act (CCPA). This includes updating your website's privacy policy, obtaining any necessary consents from visitors/end users, and implementing all required disclosures.
Proper Use of the Services: You shall not use the Services for unlawful purposes, to violate the rights of any third party, or in a manner inconsistent with these Terms, the EULA, or the MSA. Prohibited activities include, but are not limited to, reverse engineering, copying, or sublicensing the Services.
Accuracy of Information: You warrant that all information provided to us during account creation or otherwise is accurate, complete, and truthful. Any false or misleading information may result in immediate suspension or termination of your access to the Services.
Responsibility for Data Collection: You are responsible for ensuring that your use of the Services aligns with applicable privacy laws. This includes obtaining necessary consents from your website visitors and responding to data deletion or access requests.
Notification of Issues: You agree to notify us promptly of any technical issues, security breaches, or other concerns that may affect your use of the Services or your compliance with these Terms.
Failure to adhere to these obligations constitutes a material breach of these Terms and may result in the immediate termination of your account and access to the Services.
PROHIBITED USES.
Users are required to adhere to specific standards of conduct to maintain the integrity and functionality of the Service. The following activities are strictly prohibited on the Service and constitute a violation of these Terms:
· Illegal Activities: Users shall not use the Service for any unlawful purposes, nor in furtherance of illegal activities. This includes, but is not limited to, engaging in fraud, theft, or any other criminal behavior.
· Infringement of Intellectual Property: Users are prohibited from posting, uploading, sharing, or otherwise distributing any content that infringes upon the intellectual property rights of others, including copyrights, trademarks, patents, trade secrets, or any other proprietary rights.
· Harassment and Abuse: Users must not engage in harassment, bullying, stalking, or any other behavior that is intended to threaten, intimidate, or coerce other users or individuals. This includes the use of abusive, defamatory, offensive, or obscene language and content.
· Misrepresentation and Impersonation: Users are forbidden from impersonating any person or entity, or falsely stating or otherwise misrepresenting their affiliation with a person or entity. This also includes providing false or misleading information during the account creation or verification process.
· Spam and Malware Distribution: Users must not use the Service to transmit spam, including unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. The distribution of viruses, malware, or any other harmful or destructive software or data is also strictly prohibited.
· Interference with the Service: Users shall not interfere with or disrupt the Service or servers or networks connected to the Service, nor disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
· Content Violations: Users are prohibited from posting or transmitting content that is violent, pornographic, discriminatory, or otherwise offensive or inappropriate, as determined in the sole discretion of Visitid.ai.
· Bypassing Security Measures: Attempting to bypass any measures Visitid.ai may use to prevent or restrict access to the Service, including attempting to access areas or features of the Service for which the user does not have access rights, is strictly prohibited.
Violations of these prohibited uses may lead to immediate termination of the user's account and legal action, where appropriate.
DATA PRIVACY.
Commitment to Privacy: At Visitid.ai, we are deeply committed to maintaining the trust and confidence of our users. We understand that when you choose to provide us with information about yourself, you trust us to act responsibly and in your best interests, hence we take that trust seriously and are committed to ensuring the privacy and security of your personal information.
Collection of Data: We may collect various types of information, including personal and non-personal data, as you interact with our Platform. Personal data could include your name, email address, or physical address.
Use of Data: Your data aids us in offering a more tailored and user-friendly experience, processing your orders efficiently, responding to your inquiries promptly, and keeping you informed about our latest products and offerings.
Privacy Policy: For a more detailed understanding of how we collect, use, and protect your personal data, please refer to our comprehensive Privacy Policy. By using our Platform, you consent to the practices detailed in our Privacy Policy.
Changes to the Provision: We may update this DATA PRIVACY provision from time to time. Any changes will be effective immediately upon posting the updated provision on our Platform. Your continued use of our Platform following such updates signifies your acceptance of the changes.
THIRD PARTY LINKS.
External Links Disclaimer: The Platform may contain links to external websites and resources provided by third parties. These links are provided for your convenience and information only. The inclusion of any link does not imply endorsement, approval, or control by the Company of the external site or its contents. These third-party sites have their own terms and conditions and privacy policies, which we do not govern or endorse.
User Discretion Advised: When you access third-party websites, you do so at your own risk. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. We encourage you to review the terms and privacy policies of any third-party website or service that you visit.
No Liability for Third-Party Websites: The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites or services. We do not guarantee the accuracy, completeness, or usefulness of any information on third-party websites and do not warrant the safety or legality of any third-party website or service.
No Affiliation or Endorsement: The presence of links to third-party websites does not constitute an affiliation with, endorsement of, or sponsorship by the Company of those websites, their operators, or the content, products, or services contained or accessible through those websites.
Changes and Removal of Links: We reserve the right, at any time and without notice, to add to, change, update, or modify our Platform, including the removal or alteration of any third-party links. However, we do not have any obligation to review, monitor, check, or remove any third-party content or websites.
INTELLECTUAL PROPERTY.
All content, materials, and intellectual property featured or displayed on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, data compilations, page layout, design, and any other content (collectively, "Content"), are the exclusive property of Visitid.ai, its affiliates, or its licensors and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws.
Ownership of Intellectual Property: Visitid.ai and its licensors retain all rights, title, and interest in and to the Platform and its Content. The use of the Platform does not grant you any ownership or intellectual property rights in the Platform or the Content, except as expressly provided in these Terms.
License to Use the Platform: Visitid.ai grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and its Content solely for your personal or authorized business use, as permitted by these Terms.
Restrictions on Use: You agree not to:
Copy, reproduce, modify, create derivative works from, display, perform, publish, distribute, transmit, broadcast, or otherwise exploit any portion of the Platform or its Content without the prior written consent of Visitid.ai.
Remove, alter, obscure, or interfere with any copyright, trademark, or other proprietary rights notices displayed on or within the Platform or its Content.
Reverse engineer, decompile, or disassemble any part of the Platform, except to the extent that such activity is expressly permitted by applicable law.
Trademarks: All trademarks, service marks, logos, trade names, and trade dress (collectively, "Trademarks") displayed on the Platform are the property of Visitid.ai or their respective owners. The use of any Trademarks without the express written consent of Visitid.ai or the respective owner is strictly prohibited. Nothing on the Platform or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Platform without our written permission or that of the third-party rights holder.
Reporting Intellectual Property Violations: If you believe that any content on the Platform infringes your intellectual property rights, please contact us with detailed information about the alleged infringement, including a description of the content, the location on the Platform, and proof of your ownership of the intellectual property rights. Visitid.ai reserves the right to remove or disable access to any content that it believes, in its sole discretion, may infringe the intellectual property rights of others.
Reservation of Rights: Visitid.ai reserves all rights not expressly granted in these Terms. No part of the Platform or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way without the express prior written consent of Visitid.ai, except as expressly permitted in these Terms.
GOVERNING LAW.
Jurisdiction & Applicability: These Terms, including all agreements and policies incorporated by reference, shall be governed by, and construed in accordance with, the laws of the State of Pennsylvania, without giving effect to any principles of conflicts of laws thereof that would lead to the application of the laws of another jurisdiction.
Scope: The laws of the State of Pennsylvania shall govern all matters arising out of or relating to these Terms, including, without limitation, its validity, interpretation, construction, performance, and enforcement.
Exclusivity: Both parties agree that any legal action or proceeding arising out of or in connection to the obligations, rights, and remedies of parties under these Terms shall be brought exclusively in the courts of Pennsylvania. Each party consents and submits to the exclusive jurisdiction of these courts in any such action or proceeding and waives any objection to venue or inconvenient forum.
International Use & Compliance: If you access our Platform from outside the United States, you are responsible for compliance with local laws. Visitid.ai makes no representation that materials or content available through our Platform are appropriate or available for use outside of the United States, and accessing them from territories where their contents are illegal is prohibited.
Waiver of Class Action: You and Visitid.ai agree that any proceedings to resolve or litigate any dispute will be conducted on an individual basis and not as a class action or other representative action, whether within a class-wide arbitration, by a class action, or otherwise. Both parties expressly waive any ability to maintain any class action in any forum.
AMENDMENTS.
We reserve the right to modify, update, or change these Terms at any time and without prior notice. Any modifications will be effective immediately upon posting on our Platform. It is your responsibility to review these Terms periodically to stay informed of any updates or changes. By continuing to access our website and use our services after the modifications have been made, you agree to be bound by the revised Terms.
· Changes to Terms: We may modify these Terms to reflect changes in our business practices, legal requirements, or improvements to our services. We will make reasonable efforts to provide notice of material changes to these Terms. Such notice may be provided through our website, by email, or by other means we deem appropriate. It is your responsibility to review the updated Terms.
· Continued Use: By continuing to access our website and use our services after the modifications have been made, you indicate your acceptance of the modified Terms. If you do not agree with the modified Terms, you should discontinue using our Platform and services.
· Effect on Prior Agreements: Any modifications to these Terms will apply prospectively and will not affect any rights or obligations that arose prior to the effective date of the modifications. If you have entered into any separate agreements with us, the terms of those agreements will prevail in the event of any inconsistency with these Terms, unless expressly stated otherwise.
· Right to Terminate: We reserve the right to terminate, suspend, or restrict your access to our website and services, in whole or in part, at our sole discretion and without liability, if you fail to comply with these Terms or for any other reason we deem necessary.
Please note that any modifications to these Terms will not affect our commitment to protecting your privacy and maintaining the confidentiality and security of your personal information. Our privacy practices are governed by our Privacy Policy.
WAIVER.
No Automatic Waivers: The failure or delay of Visitid.ai in exercising any right, remedy, power, or privilege under these Terms shall not constitute a waiver thereof. Similarly, any single or partial exercise of any right, remedy, power, or privilege hereunder shall not preclude further exercise of the same or of any other right, remedy, power, or privilege.
Written Requirement: Any waiver by Visitid.ai of a breach of any provision of these Terms shall only be effective if it is in writing and signed by an authorized representative of Visitid.ai. A waiver of any term or provision shall not be construed as a waiver of any subsequent breach or default, whether of a similar nature or otherwise.
Retaining Rights: No waiver by Visitid.ai of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Visitid.ai to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
HEADINGS.
The headings used in these Terms are for convenience and reference purposes only. They do not limit, interpret, or define the scope or intent of the provisions contained herein. The headings are not intended to be legally binding or to affect the meaning or interpretation of these Terms.
· Interpretation: The provisions contained in these Terms shall be interpreted in accordance with their plain meaning and intent, regardless of any headings or titles.
· Organization and Structure: The headings used throughout these Terms are provided to aid in navigating and understanding the content. They are organized in a logical manner and reflect the general subject matter of the respective sections.
· Non-Exclusive: The headings used in these Terms are not an exhaustive representation of the topics covered. Other terms and concepts may be included in each section, regardless of whether they are explicitly stated in the headings.
· No Legal Significance: The headings are not intended to have any legal significance or to modify or alter the rights and obligations of the parties under these Terms. They are simply a structural element to enhance readability.
Please note that the headings provision is included for organizational purposes and does not impact the substantive rights and obligations set forth in these Terms.
SEVERABILITY.
Enforceability of Terms: In the event that any provision or part of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect.
Modification of Invalid Terms: The invalid, illegal, or unenforceable provision shall be modified to the extent necessary to render it valid, legal, and enforceable while preserving its intent. If modification is not possible, the affected provision or part thereof shall be deemed severed from these Terms, but all other provisions and parts of these Terms shall continue in full force and effect.
Effect on Agreement: The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision or part of these Terms, which shall remain in full force and effect as though such invalid, illegal, or unenforceable provision had never been included.
Construction: These Terms shall be construed as if each provision and part thereof were drafted independently, and any presumption or rule of construction against construing ambiguities in favor of the drafting party shall not apply to the interpretation or construction of these Terms.
ENTIRE AGREEMENT.
Comprehensive Understanding: These Terms, including any additional policies or agreements incorporated by reference, constitute the entire agreement and understanding between Visitid.ai and you, superseding all prior or contemporaneous communications, proposals, understandings, agreements, or representations, whether oral or written, between the parties regarding the subject matter herein.
No Reliance on Oral Representations: You acknowledge that you have not relied upon any representation, promise, or warranty made by Visitid.ai, except as expressly set forth in these Terms.
No Oral Modifications: Any modifications, amendments, or supplements to these Terms must be made in writing and signed by an authorized representative of Visitid.ai. No oral modifications or agreements shall be valid.
Survival: Any provision that, by its nature, should survive termination or expiration, shall survive termination or expiration, including but not limited to provisions governing intellectual property, limitation of liability, indemnification, dispute resolution, and governing law.
Consistency: In the event of any conflict or inconsistency between the provisions of these Terms and any other agreements or policies, the provisions of these Terms shall prevail.
CONTACT US.
Communication Channels: If you have any questions, concerns, or feedback regarding these Terms, our Platform, or any of our products or services, please feel free to contact us through any of the following channels:
· Email: info[at]visitid.ai
Provide Sufficient Information: To assist us in addressing your concerns effectively, please ensure that your communication includes your name, contact information, and a clear description of your question or issue.
Updates: We may update the contact information provided herein from time to time. It is your responsibility to check this provision for the most current contact information.
No Legal Advice: Please note that any information provided through our contact channels is for general informational purposes only and does not constitute legal, financial, or professional advice. For specific legal or financial concerns, consult with a qualified professional.
Record Keeping: We may retain records of your inquiries and our responses for our records and as required by applicable laws and regulations.