Terms of Service

Last updated: April 1st, 2017

This is an agreement between you or the entity that you represent (hereinafter "You" or "Your") and Enhanced SRL (hereinafter "Visualtip", "us", "we", "our"), the owner and operator of visualtip.com (hereinafter "Service"), governing the use of this site.

Acceptance of the Terms

You must be of legal age to enter into a binding agreement in order to accept the Terms of Service (hereinafter "Terms"). If you do not agree to the Terms, do not use our Service. You can accept the Terms by checking a checkbox or clicking on a button, indicating your acceptance of the terms or by actually using the Service.

Description of Service

You may use the Service for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Service using any Internet browser supported by the Service. You are responsible for obtaining access to the Internet and the equipment, necessary to use the Service. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.

Subscription to Beta Service

We may offer the Service as closed or open beta service ("Beta Service") for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Service. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Service as commercial service. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to the Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, the Beta Service with or without notifying you. You agree that Visualtip will not be liable towards you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Service for any reason.

Modification of Terms Service

We may modify the Terms upon notice to you at any time. You will be informed of any such modification by electronic mail or by publishing the changes on the website. You may terminate your use of the Service if the Terms are modified in a manner that substantially affects your rights in relation with use of the Service. Your continued use of the Service after the notice of any change to the Terms will be deemed to be your acceptance of the amended Terms.

User Sign up Obligations

You need to sign up for a user account by providing all required information in order to access or use the Service. If you represent an organization and wish to use the Service for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Visualtip has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, Visualtip may terminate your user account and refuse current or future use of any or all of the Service.

Personal Information and Privacy

Personal information you provide to Visualtip through the Service is governed by the Visualtip Privacy Policy. Your choice to use the Service indicates your acceptance of the terms the and the Visualtip Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur under your user account and you agree to inform us immediately of any unauthorized use of your user account by email to support@visualtip.com or by contacting us on any of the means listed on the contact page. We are not responsible for any loss or damage, inflicted to you or to any third party, as a result of any unauthorized access and/or use of your user account.

Notifications from Visualtip

The Service may include certain notifications from Visualtip, such as service announcements, administrative messages and newsletters. You understand that these notifications shall be considered part of using the Service. As part of our policy to provide you total privacy, we also provide you the option of unsubscribing from receiving newsletters from us. However, you will not be able to unsubscribe from receiving service announcements and administrative messages.

Fees and Payments

Subscriptions to paid Service are available on monthly or yearly subscription plans. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. The subscription fee will be charged to the Credit Card last used by you. If you would like the payment for the renewal to be made through a different Credit Card or if you do not wish to renew the subscription, you agree to inform us at least seven days prior to the renewal date. Visualtip reserves the right to change the subscription fee and to charge for use of Service that are currently available free of charge. You will not be charged for using any Service unless you have opted for a paid subscription plan.

Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Service; (ii) provide any service based on the Service without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Service for spamming and other illegal purposes.

Spamming and Illegal Activities

You agree to be solely responsible for the contents of your transmissions through the Service. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another person's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another person. You agree not to use the Service for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. We reserve the right to terminate your access to the Service if there are reasonable grounds to believe that you have used the Service for any illegal or unauthorized activity.

Inactive User Accounts Policy

We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

Data Ownership

We respect your right of ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Service does not grant Visualtip the license to use, reproduce, adapt, modify, publish or distribute the content, created by you or stored in your user account for Visualtip’s commercial, marketing or any similar purpose. But you grant Visualtip permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely if required for the purpose of providing the Service to you.

User Generated Content

You may transmit or publish content created by you using the Service or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content, made public, will be publicly accessible through the Internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Service, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose without the express written consent of the person, who owns the rights to this content. In the course of using the Service, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s), as the case may be. By making any copyrighted/copyrightable content available on any of the Service you confirm that you have the consent, authorization or permission, as the case may be, from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Visualtip will have the right to block access to or remove such content, made available by you, if Visualtip receives complaints concerning any illegality or infringement of third party rights in such content. By using the Service and transmitting or publishing any content using such Service, you expressly give your consent to determination of questions of illegality or infringement of third party rights in such content by the agent, designated by Visualtip for this purpose.

For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Service, click here.

Sample files and Applications

Visualtip may provide sample files and applications for the purpose of demonstrating the possibility of using the Service effectively for specific purposes. The information, contained in any such sample files and applications, consists of random data. Visualtip makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

Trademark

Visualtip, Visualtip's logo are trademarks of Enhanced SRL. You agree not to display or use the Visualtip trademarks, in any manner without our prior permission.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. VISUALTIP EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND APPROPRIATENESS FOR A PARTICULAR PURPOSE. VISUALTIP DOES NOT WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM VISUALTIP, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

YOU AGREE THAT VISUALTIP SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS, ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF VISUALTIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VISUALTIP, RELATED TO THE SERVICE, SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL VISUALTIP'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES, PAID BY YOU TOWARDS SUCH SERVICE.

Indemnification

You agree to indemnify and hold harmless Visualtip, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs), arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms or any other claim related to your use of the Service, except where such use is authorized by Visualtip.

Arbitration

Any controversy or claim, arising out of or relating to the Terms, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Romania and judgment on the arbitration award may be entered into any court, having jurisdiction thereof. Notwithstanding anything to the contrary, Visualtip may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Suspension and Termination

We may suspend your user account or temporarily disable access to a whole or a part the Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to support@visualtip.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Service upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to the Service, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.

If you have any questions or concerns regarding this agreement, please contact us at support@visualtip.com.