Terms of Service
Acceptance of Terms
The contract below outlines the terms of service ("the Agreement") between Vizzcode Desenvolvimento de Software LTDA (“Vizzcode”) and the User (“you”). By creating an account, downloading, installing and using Vizzcode products and services ("the Services") you agree and acknowledge that you have read and accept this Agreement in its entirety, and agree to be bound by its terms. These terms of service apply to all users of the Services, including users with paid accounts.
Vizzcode reserves the right, at its sole discretion, to modify or replace the terms of this Agreement at any time. If the alterations constitute a material change, Vizzcode will notify you by sending an email to the registered email account. What constitutes a material change will be determined at Vizzcode's sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using our Services following notification of a material change to this Agreement shall constitute your acceptance of the Agreement as modified.
Vizzcode grants you a non-exclusive, non-transferable right to use the Services, for your own personal and/or commercial purposes subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Vizzcode.
You shall not, sublicense, sell, resell, transfer, reverse engineer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way.
All the programs you create using the Services (including the source code and the executable file) are of your responsibility. Vizzcode does not take any responsibility for the programs and content you create using the Services. You have all the rights to distribute and explore commercially the programs you created using the Services. Vizzcode does not claim ownership or warranty of the programs and content you create using the Services.
3. THE SERVICES
Vizzcode is providing these Services on an "as is, as available" basis without representation or warranty of any kind. Vizzcode does not guarantee as to the continuous availability of the Services or of any specific feature(s) of the Services. Vizzcode will inform you of any significant changes to the Services it may occasionally make. Vizzcode may impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
The quality of the Services may vary and the Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. Vizzcode is not responsible for any failures to maintain the confidentiality, security, accuracy or quality of your data, messages or pages whether or not related to interruptions or performance issues with the Service.
4. USER RESPONSIBILITIES
A computer is required to utilize the Services. You are solely responsible for ensuring that your Device is sufficient and compatible for use with the Services.
You are responsible for the security of your Vizzcode account, registered email addresses and computer systems. You must not disclose account data to others. Vizzcode cannot be held responsible for any programs or content created using the Services.
Vizzcode’s graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Vizzcode Desenvolvimento de Software LTDA. Vizzcode trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Vizzcode. Vizzcode images and icons may be used by third party sites in connection with providing appropriate links to the Vizzcode website.
6. SERVICE SUSPENSION & TERMINATION
You agree that Vizzcode, in its sole discretion, for any or no reason, and without penalty, may terminate or suspend your use of the Services at any time. Vizzcode may also in its sole discretion and at any time discontinue the Services in their entirety, or any part thereof, with or without notice.
The payment is made using third party services. The responsibility for the payment is solely of the third parties and Vizzcode does not take any responsibility for the payment processing.
8. REFUND POLICY
All payments are non-refundable after 7 days of the payment. The refund can be requested directly through the third-party payment services.
9. DISCLAIMER OF WARRANTIES
Vizzcode makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. Vizzcode does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations, (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components. The Services is provided by Vizzcode on and "as is" "as available" basis without warranties of any kind, either expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by law. You expressly agree that use of the Services is at your sole risk.
10. LIMITATION OF LIABILITY
In no event shall Vizzcode be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Notwithstanding the foregoing, in no event shall the total liability of Vizzcode, for all damages, losses and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate dollar amount paid by the User claimant to Vizzcode in the twelve months prior to the claimed loss, damages or other such alleged event giving rise to the basis of claim.
11. RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge Vizzcode, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.
You hereby agree to indemnify and hold harmless Vizzcode, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of this Agreement, (ii) the use of the Services, by you or any person using your account, or (iii) any violation of any rights of a third party.