End User Licensing Agreement
Visitid.ai
INTRODUCTION.
This End User License Agreement (“EULA”) is a legally binding agreement between you (“User” or “you”) and Visitid.ai owned by Investid, LLC (“Company,” “we,” “us,” or “our”), governing your access to and use of our proprietary software, tools, services, and associated technologies (collectively, the “Service”). By using the Service, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions outlined in this EULA. If you do not agree to these terms, you must not access or use the Service.
This EULA, along with our Privacy Policy, Payment Terms, and any additional agreements or policies referenced herein, constitutes the entire agreement between you and Visitid.ai with respect to your use of the Service. By accepting this agreement, you agree to abide by all applicable laws, regulations, and guidelines in connection with your use of the Service.
If you are entering into this agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to this EULA. In such cases, the terms “User” or “you” will refer to both you as an individual and the entity on whose behalf you are acting. Your continued use of the Service signifies your ongoing acceptance of and compliance with this EULA. Your continued use of the Service, including during any free trial period, signifies your ongoing acceptance of and compliance with this EULA.
GRANT OF LICENSE.
Subject to your compliance with this EULA and all applicable terms, Visitid.ai (“Company”) grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service, including any associated software, tools, and technologies, solely for your internal business purposes. This license is provided strictly in accordance with the terms and conditions set forth in this EULA and is limited to the functionality and features of the Service as specified in your selected plan.
Authorized Use: You may use the Service, including the pixel and any associated analytics tools, solely to analyze and identify visitors to your website(s) as permitted by your selected plan. The Service may only be used on websites that you own or operate, and you may not extend, assign, or sublicense access to the Service to any third party without the prior written consent of the Company.
Restrictions on Use: You agree not to:
Copy, modify, distribute, sell, sublicense, lease, rent, or otherwise exploit the Service or any portion thereof for any unauthorized purpose.
Use the Service for any unlawful purpose or in violation of any applicable law, regulation, or privacy standard, including but not limited to CCPA, or similar data protection laws.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Service, except to the extent expressly permitted by applicable law.
Share, disclose, or allow unauthorized access to your login credentials or the pixel provided by the Company.
Use the Service in any manner that may infringe upon the intellectual property or proprietary rights of the Company or any third party.
Updates and Modifications: The Company reserves the right to update, modify, or enhance the Service at its sole discretion. Such updates may be applied automatically or require your action to implement. By using the Service, you agree to accept and comply with any updates, modifications, or enhancements to the Service. The Company may discontinue or suspend certain features of the Service at any time without prior notice, provided that such changes do not materially impact the functionality of the Service as agreed upon in your selected plan.
Ownership and Reservation of Rights: The Service, including all software, data, algorithms, documentation, and other materials provided by the Company, are and remain the sole property of Visitid.ai and its licensors. This EULA does not convey any ownership rights to you. All rights not expressly granted to you under this EULA are reserved by the Company. No implied licenses or rights are granted.
Termination of License: This license will automatically terminate if you fail to comply with any term or condition of this EULA, including failure to make timely payments or unauthorized use of the Service. Upon termination, you must immediately cease all use of the Service, remove any pixel or related materials from your website(s), and destroy or return any proprietary materials provided by the Company.
Third-Party Software or Services: The Service may include or interact with third-party software, tools, or services. Your use of such third-party elements is subject to their respective license agreements, terms, and conditions. The Company makes no warranties or representations regarding third-party software or services and shall not be liable for their performance or availability.
By using the Service, you acknowledge and agree that your rights to access and use the Service are strictly limited to those explicitly granted in this section. Any unauthorized use constitutes a breach of this EULA and may result in immediate suspension or termination of your access to the Service, as well as legal action.
USER OBLIGATIONS.
Compliance with Laws and Regulations: You agree to use the Service only in compliance with all applicable local, state, national, and international laws, regulations, and standards. This includes, but is not limited to, adherence to privacy laws such as the California Consumer Privacy Act (CCPA). As the User, you are solely responsible for ensuring that your use of the Service, including the collection and analysis of website visitor data, complies with all relevant legal and regulatory requirements. Failure to do so may result in the suspension or termination of your access to the Service.
Accuracy and Security of Information: When registering for an account and using the Service, you must provide accurate, complete, and up-to-date information. This includes but is not limited to payment details, website information, and any other data necessary for the proper functioning of the Service. It is your responsibility to maintain the confidentiality of your login credentials and restrict access to authorized personnel only. You are liable for all activities conducted under your account. If you suspect unauthorized use or a security breach, you must notify the Company immediately.
Proper Use of the Service: The Service is provided for the specific purpose of enabling you to identify and analyze website visitor data. You agree to use the Service solely for its intended purpose and refrain from any activities that may disrupt its functionality or violate the rights of the Company or others. For example, you must not attempt to reverse engineer, decompile, or disassemble the Service, nor use it to collect data unlawfully or bypass security measures. You are prohibited from using the Service for any fraudulent, deceptive, or harmful purposes.
Data Handling Responsibilities: As the User, you are responsible for implementing appropriate measures to protect the data you collect through the Service, including personal information about website visitors. You must comply with all disclosure, consent, and opt-out requirements under applicable privacy laws and ensure that your website visitors are informed about the use of tracking technologies, where required. Any failure to handle data responsibly or in compliance with applicable laws may result in termination of the Service.
Restrictions on Sharing and Resale: The Service, including login credentials, the pixel, and any associated data, is provided solely for your internal business use. You may not share, resell, sublicense, or distribute access to the Service or its components to any third party without the prior written consent of the Company. Any unauthorized sharing or resale is strictly prohibited and constitutes a breach of this EULA.
Responsibility for Authorized Users: If you permit employees, contractors, or other authorized personnel to access the Service, you are responsible for ensuring that they comply with this EULA. Any violations by your authorized users will be treated as violations by you. It is your obligation to train and monitor such individuals to ensure compliance.
Reporting Issues or Violations: You are required to report any known or suspected violations of this EULA or issues with the Service to the Company promptly. This includes, but is not limited to, technical issues, unauthorized access, or breaches of data security. Your timely reporting helps maintain the integrity and security of the Service for all users.
By adhering to these obligations, you ensure the lawful and effective use of the Service while protecting the rights and interests of all parties involved. Non-compliance with these obligations may result in immediate suspension or termination of your access to the Service, as well as potential legal consequences.
ACCOUNT CREATION.
Upon prepayment for a specified number of records under the Service, you will automatically receive login credentials that grant you access to your account. These credentials are essential for using the Service, including managing the pixel integration and accessing visitor data analytics. Your account is considered active upon receipt of these credentials, and it serves as your primary means of utilizing the Service. A "Record" refers to a single data pull or identification event related to a visitor to the User's website. Each Record includes specific information about a website visitor as generated by the Service. The scope and type of information included in a Record are determined by the features and limitations of the selected plan and are subject to applicable privacy laws and regulations.
Account Security: You are solely responsible for maintaining the confidentiality and security of your login credentials. It is your obligation to ensure that unauthorized individuals do not gain access to your account. Sharing your credentials with third parties, intentionally or unintentionally, is strictly prohibited and constitutes a violation of this EULA. You must take reasonable precautions to safeguard your account, including using strong passwords and monitoring access.
Account Responsibility: Any activity performed under your account will be considered as having been conducted by you. It is your responsibility to monitor the use of your account and ensure that it complies with the terms of this EULA. If you suspect that your account credentials have been compromised or that there has been unauthorized use of your account, you must notify the Company immediately. Failure to do so may result in suspension or termination of your account and access to the Service.
Accuracy of Account Information: During account creation, you are required to provide accurate, complete, and up-to-date information. This includes, but is not limited to, business name, contact details, and payment information. You agree to update your account information as necessary to ensure its accuracy throughout your use of the Service. Providing false or outdated information may lead to account suspension or termination at the Company’s discretion.
PAYMENT TERMS.
All payments for the Service are required to be made on a prepayment basis. Users must select a package that includes a set number of Records, as defined in this EULA, and remit payment in full before accessing the Service. Payment can be made via credit card or Automated Clearing House (ACH) transfer. No invoicing or deferred payment options are available under this agreement.
Prepaid Records: Upon receipt of payment, the purchased number of Records will be credited to your account. These Records will remain available for use until they are consumed in accordance with your activity on the Service or until the term of your plan, if applicable, expires. Any unused Records at the end of your plan’s term may not roll over unless explicitly stated in your selected package details.
Adding Additional Records: If you require additional Records beyond your initial package, you may purchase them directly through your account. Once logged in, you will have access to options for adding Records to your existing balance. Payments for additional Records are also required to be made in advance via credit card or ACH transfer.
Taxes: All fees and payments under this agreement are exclusive of applicable taxes. You are solely responsible for paying all sales, use, value-added, or other similar taxes, duties, or charges imposed by any governmental authority in connection with your use of the Service, excluding taxes based on our income. Any taxes applicable to your purchase will be calculated at checkout, and by completing the transaction, you agree to pay the applicable tax amount.
Refunds and Adjustments: All payments are final, and no refunds will be issued, except as required by applicable law. You are responsible for reviewing your selected package and ensuring it meets your needs before completing your purchase. Adjustments to packages or Records must be handled by purchasing additional Records through your account.
Failure to Pay: Access to the Service, including your ability to utilize the pixel and retrieve visitor data, is contingent upon prepayment. If payment is not successfully processed or reversed due to a dispute, chargeback, or insufficient funds, your access to the Service may be suspended until the outstanding balance is resolved.
Payment Security: All payments are processed through secure payment gateways to protect your financial information. By making a payment, you agree to abide by any additional terms and conditions of the payment processor.
TERM AND TERMINATION.
Term: This EULA becomes effective upon your acceptance of these terms and payment for a package of Records. The agreement remains in effect for as long as you maintain an active account with unused Records or until terminated in accordance with this section. Since there is no set duration for the Service, your access to the Service continues until all purchased Records have been used or the account is otherwise terminated.
Termination by User: You may terminate your use of the Service at any time by ceasing to access your account. If you choose to terminate your account, any remaining unused Records will be forfeited, and no refunds will be provided, except as required by applicable law.
Termination by the Company: Visitid.ai reserves the right to suspend or terminate your account and access to the Service immediately if:
You breach any provision of this EULA, including failure to comply with payment obligations or prohibited uses.
You engage in fraudulent or unlawful activity in connection with the Service.
You misuse the Service, including attempts to reverse engineer, share login credentials, or violate applicable privacy laws.
In such cases, you will not be entitled to a refund of any unused Records or other fees paid.
Effect of Termination: Upon termination, whether initiated by you or the Company:
Your account will be deactivated, and you will no longer have access to the Service, including any associated tools, features, or data.
Any remaining unused Records will be forfeited without compensation, unless otherwise specified by applicable law.
You must immediately remove any pixel or related technologies provided by the Service from your website(s).
Inactive Accounts: If your account remains inactive for a prolonged period (e.g., 12 months without purchasing additional Records or accessing the Service), the Company reserves the right to deactivate your account. Any unused Records at the time of deactivation will be forfeited without compensation.
WARRANTY DISCLAIMER.
The Service is provided on an "as is" and "as available" basis without any warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or that the Service will meet your requirements or achieve any specific results. To the fullest extent permitted by law, Visitid.ai makes no representations or warranties of any kind regarding the accuracy, reliability, completeness, or timeliness of the data provided through the Service.
No Guarantee of Results: The Company does not guarantee that the Service will provide accurate, error-free, or complete identification of website visitors. The information provided is based on the functionality of the Service and the data available, which may vary based on third-party factors, including the behavior of website visitors and external technological changes.
Service Availability: Visitid.ai does not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components. Maintenance, updates, technical issues, or other factors may occasionally interrupt the availability or functionality of the Service. You acknowledge and accept that such interruptions may occur and agree that the Company will not be liable for any damages resulting from such interruptions.
Privacy Compliance: Visitid.ai provides tools to help you analyze visitor data but does not guarantee compliance with privacy laws or regulations applicable to your website or business operations. It is solely your responsibility to ensure that your website's privacy policy, cookie policy, and consent mechanisms comply with all applicable laws, including but not limited to the California Consumer Privacy Act (CCPA). You are responsible for informing your website visitors about tracking technologies and obtaining any required consents.
Limitation of Liability for Integration: The Company is not responsible for errors, misconfigurations, or failures that occur during or after the integration of the pixel or other Service components with your website. You are responsible for ensuring the correct placement and functionality of the pixel and for addressing any technical issues that may arise.
Third-Party Interactions: The Service may interact with third-party systems, services, or tools. Visitid.ai does not make any representations or warranties regarding the compatibility, functionality, or performance of these third-party elements. You acknowledge that your use of third-party systems is at your own risk and subject to the terms and conditions of those third parties.
Exclusions: The Company disclaims any liability for:
Actions taken by you or third parties based on the data or insights provided by the Service.
Your failure to implement adequate security measures to protect visitor data.
Any consequences arising from your non-compliance with applicable laws or regulations.
User Acknowledgment: By using the Service, you acknowledge that you are responsible for maintaining your website's privacy compliance and ensuring that the use of the Service aligns with applicable legal requirements. You also acknowledge that you assume full responsibility for any outcomes resulting from the use or misuse of the Service.
SUPPORT AND MAINTENANCE.
Scope of Support: Visitid.ai provides basic support for the Service to assist Users with general inquiries, troubleshooting, and technical issues related to the functionality and usage of the Service. Support is offered during standard business hours via [insert support channel, e.g., email or support portal]. Support does not include custom modifications, third-party integrations, or issues arising from misuse or misconfiguration of the Service.
Maintenance and Updates: The Company reserves the right to perform routine maintenance, implement updates, and introduce new features or enhancements to the Service at its sole discretion. Maintenance activities may result in temporary interruptions to the availability of the Service. While we will endeavor to provide advance notice for planned maintenance, we do not guarantee uninterrupted access to the Service and are not liable for any disruptions caused by such activities.
Exclusions from Support: The following are excluded from the scope of support and maintenance provided by the Company:
Issues arising from improper implementation or misconfiguration of the pixel or other Service components on your website.
Troubleshooting or resolving compatibility issues with third-party software, tools, or systems not provided by the Company.
Training or assistance beyond the basic functionality of the Service.
User Responsibilities: You are responsible for:
Ensuring the proper implementation and functionality of the pixel and other Service components on your website.
Providing accurate and complete information when seeking support to facilitate troubleshooting.
Addressing technical issues or errors within your website or third-party systems that may affect the performance of the Service.
No Guarantee of Resolution: While the Company will make reasonable efforts to address support requests in a timely and professional manner, we do not guarantee that all issues can or will be resolved. The availability of support is contingent upon your compliance with this EULA and the proper use of the Service.
Modifications to Support Services: Visitid.ai reserves the right to modify or discontinue support services at any time, with or without notice. If support services are discontinued, this will not affect your ability to use any remaining Records within the Service, subject to the terms of this EULA.
CONSENT TO DATA COLLECTION.
User Warranties and Representations: By using the Service, you represent and warrant that you have full authority, agency power, and legal authorization to collect and process data from visitors to your website(s). This includes ensuring that your website’s privacy policy explicitly informs visitors about the data collection activities facilitated by the Service, including the use of the pixel and analytics tools. You further warrant that you have obtained all necessary consents and permissions required under applicable laws and regulations, including but not limited to the California Consumer Privacy Act (CCPA), and other relevant privacy standards.
User Responsibility for Privacy Compliance: You acknowledge that it is solely your responsibility to ensure your website and its associated privacy practices comply with all applicable data protection laws and regulations. This includes updating your privacy policy to reflect the use of tracking technologies and obtaining any required consents from your website visitors. Visitid.ai does not provide legal advice or guidance regarding privacy compliance, and you are encouraged to consult with a qualified legal professional to ensure your practices align with the law.
Disclaimer of Liability for Data Violations: Visitid.ai acts solely as a tool provider and is not responsible for any data collection, processing, or handling practices implemented by you or on your behalf. Any misuse of the Service, failure to obtain proper consents, or violations of applicable laws arising from your use of the Service are your sole responsibility. The Company disclaims all liability for any claims, fines, or damages resulting from your non-compliance with privacy laws or improper data handling.
Indemnification for Data Practices: You agree to indemnify, defend, and hold harmless Visitid.ai, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
Your failure to comply with data protection laws.
Your failure to update your privacy policy or obtain the necessary consents from website visitors.
Any unauthorized or unlawful use of the data collected through the Service. Data Collection Scope:
The Service provides tools that allow you to collect and analyze visitor data as defined in your selected package. The data provided through the Service is generated based on visitor behavior and third-party factors. It is your responsibility to ensure that this data is collected and used lawfully, ethically, and in accordance with your stated privacy practices.
LIMITATION OF LIABILITY.
To the fullest extent permitted by law, Visitid.ai and its affiliates, officers, directors, employees, agents, licensors, and service providers shall not be liable to you or any third party for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to your use of or inability to use the Service, even if advised of the possibility of such damages. This limitation applies to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory.
Scope of Limitation:
Exclusion of Damages: The Company shall not be liable for any loss of profits, revenue, data, business opportunities, goodwill, or anticipated savings, or for business interruption, or for the cost of procuring substitute goods or services.
Accuracy of Data: The Company does not guarantee the accuracy, completeness, or reliability of the data provided by the Service. Any decisions or actions taken based on this data are your sole responsibility.
Third-Party Interactions: The Company is not responsible for any issues or damages arising from your interactions with third-party tools, software, or systems that integrate with the Service.
Integration and Implementation: The Company is not liable for errors, interruptions, or failures resulting from your implementation or misconfiguration of the Service, including improper placement of the pixel or unauthorized modifications.
Cap on Liability: In no event shall the total liability of Visitid.ai, its affiliates, officers, directors, employees, agents, licensors, or service providers to you for all claims arising out of or related to this EULA or your use of the Service exceed the total amount you have paid to Visitid.ai for the Service in the six (6) months preceding the event giving rise to the claim. If no such payments have been made, the Company’s total liability shall be limited to $100 USD.
No Responsibility for User Compliance: The Company provides tools to facilitate the identification and analysis of website visitors but does not assume responsibility for ensuring your compliance with applicable privacy laws or your website's privacy policies. You acknowledge that you are solely responsible for:
Obtaining necessary consents and permissions from website visitors.
Maintaining an up-to-date and accurate privacy policy.
Ensuring that your use of the Service aligns with all applicable laws, regulations, and contractual obligations.
User Acknowledgment: By using the Service, you acknowledge and agree that the limitations of liability set forth in this section are an essential part of this EULA and that the pricing and availability of the Service reflect these limitations. If you are dissatisfied with any aspect of the Service, your sole and exclusive remedy is to discontinue use of the Service.
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 this EULA:
· 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, stalk, or harass, including unsolicited pyramid schemes or any form of illegal solicitation. However, unsolicited advertising is permitted if it is fully compliant with applicable laws, including the CAN-SPAM Act. The distribution of viruses, malware, or any other harmful or destructive software or data is strictly prohibited.
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· 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.
· Data Mining and Scraping: Unauthorized data mining, scraping, or similar data gathering and extraction tools or techniques on the Service are 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 or your clients, 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 or your client interact with our Service.
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 Service, 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 Service. Your continued use of our Service following such updates signifies your acceptance of the changes.
INDEMNIFICATION.
Obligation to Indemnify: YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS VISITID.AI, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONSULTANTS, SUPPLIERS, AND ANY THIRD-PARTY WEBSITE PROVIDERS FROM AND AGAINST ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) THAT SUCH PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) VIOLATION OR BREACH OF ANY REPRESENTATION OR OBLIGATION UNDER THESE TERMS OR YOUR USE OF OUR PLATFORM OR THE SERVICES OR PRODUCTS WE OFFER.
Cooperation and Defense: You agree to cooperate fully in the defense of any claim challenged or questioned under this indemnification provision. Visitid.ai reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Visitid.ai.
Continuous Effect: This indemnification provision shall remain in full force and effect regardless of any investigation made by or on behalf of the indemnified party or any officer, director, or employee of such indemnified party and shall survive the termination of your use of our Service or any services or products we offer.
No Limitation: Your indemnification obligations cover claims against you and Visitid.ai alike, including situations where you have acted negligently or in a manner that may not align with the best interests of Visitid.ai.
THIRD PARTY LINKS.
External Links Disclaimer: The Service 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 Service, 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 Service, 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 Service and its Content. The use of the Service does not grant you any ownership or intellectual property rights in the Service or the Content, except as expressly provided in this EULA.
License to Use the Service: Visitid.ai grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and its Content solely for your personal or authorized business use, as permitted by this EULA.
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 Service 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 Service or its Content.
Reverse engineer, decompile, or disassemble any part of the Service, 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 Service 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 Service or in this EULA should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Service without our written permission or that of the third-party rights holder.
User-Generated Content: If you submit or post any content, including but not limited to documents, images, feedback, comments, or other materials ("User-Generated Content"), on or through the Service, you hereby grant Visitid.ai a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User-Generated Content, in whole or in part, in any form, media, or technology, whether now known or hereafter developed, for the purposes of providing our services or improving the Service.
Reporting Intellectual Property Violations: If you believe that any content on the Service 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 Service, 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 this EULA. No part of the Service 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 this EULA.
DISPUTE RESOLUTION.
Mediation: If the parties are unable to resolve the dispute through direct negotiations, they agree to endeavor to settle the dispute through mediation administered by a neutral mediator before resorting to litigation or any other dispute resolution procedure. The parties will jointly appoint an agreeable mediator and will share equally in the costs of such mediation.
Binding Arbitration: If mediation proves unsuccessful, either party may initiate binding arbitration. Such arbitration shall be administered by a recognized arbitral body mutually agreed upon by the parties. The judgment rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs in the arbitration and shall share equally the costs of the arbitrator.
Exceptions: Notwithstanding the above clauses, Visitid.ai reserves the right to seek injunctive relief or file for damages in any court of competent jurisdiction in cases where Visitid.ai believes that its intellectual property rights have been violated or where it deems necessary to protect its business interests.
GOVERNING LAW.
Jurisdiction & Applicability: This EULA, 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 this EULA, 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 this EULA 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 Service 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 Service 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 this EULA at any time and without prior notice. Any modifications will be effective immediately upon posting on our Service. It is your responsibility to review this EULA 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 EULA.
· Changes to EULA: We may modify this EULA 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 this EULA. 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 EULA.
· 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 EULA. If you do not agree with the modified EULA, you should discontinue using our Service and services.
· Effect on Prior Agreements: Any modifications to this EULA 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 this EULA, 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 this EULA or for any other reason we deem necessary.
Please note that any modifications to this EULA 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 this EULA 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 this EULA 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 this EULA 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 this EULA shall not constitute a waiver of such right or provision.
HEADINGS.
The headings used in this EULA 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 this EULA.
· Interpretation: The provisions contained in this EULA shall be interpreted in accordance with their plain meaning and intent, regardless of any headings or titles.
· Organization and Structure: The headings used throughout this EULA 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 this EULA 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 this EULA. 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 this EULA.
SEVERABILITY.
Enforceability of Terms: In the event that any provision or part of this EULA is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of this EULA 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 this EULA, but all other provisions and parts of this EULA 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 this EULA, which shall remain in full force and effect as though such invalid, illegal, or unenforceable provision had never been included.
Construction: This EULA 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 this EULA.
ENTIRE AGREEMENT.
Comprehensive Understanding: This EULA, 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 this EULA.
No Oral Modifications: Any modifications, amendments, or supplements to this EULA 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 this EULA and any other agreements or policies, the provisions of this EULA shall prevail.
CONTACT US.
Communication Channels: If you have any questions, concerns, or feedback regarding this EULA, our Service, 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.