Terms of Service
Effective: January 05, 2025
INTRODUCTION AND ACCEPTANCE
VisualSP (Rehmani Consulting, Inc. doing business as VisualSP) and its affiliates (collectively, “VisualSP”, “Company”, “we” or “us”) welcome you (the “Customer”, “User”, or “you”) to our website at https://www.visualsp.com and any additional applications, websites, and/or web pages owned and/or operated by VisualSP (collectively, the “Site”), the free version of our web-based digital adoption platform, and our web-based training platform to assist in teaching you how best to use our products and services (collectively, the “Services”). Users may use the Site and the Services solely in accordance with the terms and conditions hereunder, unless VisualSP or its representatives execute a separate agreement with the User that explicitly states it governs the use of the Services.
Please read these Terms of Service carefully before you start using the Site and/or Services. Unless otherwise agreed by VisualSP in writing, by entering, connecting to, accessing, or using the Site and/or the Services you acknowledge that you have read and understood the following terms and conditions, including the terms of our Privacy Policy available at https://www.visualsp.com/company/privacy-policy/ (collectively, the “Terms”), and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and Services. Furthermore, you acknowledge and agree that these Terms constitute a binding and enforceable legal contract between you and VisualSP.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “Customer”, “you”, or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the Site and/or Services.
If you do not agree to these Terms, please do not connect, access, or use the Site or the Services in any manner. Any software provided in connection with the Services is being licensed and not sold to you.
By accepting these Terms, you represent and warrant that any and all information you provide us through the Site and/or the Services is true, accurate, and complete. The provision of false or fraudulent information is strictly prohibited.
SITE AND SERVICES
These Terms govern access and use of the following:
- VisualSP Free Edition: The VisualSP Free Edition offers Users a free, limited version of VisualSP's web-based digital adoption platform. The VisualSP Free Edition enables Users to guide and engage prospects, customers, employees, and partners through any online task or experience. The VisualSP Free Edition may offer limited features and functionality.
- VisualSP Editor: The VisualSP Editor is used for building, managing, and publishing engagement and guidance content including Walkthroughs. VisualSP does not take responsibility and shall not be liable for the performance of any browser.
- VisualSP Player: The VisualSP Player delivers content created in the VisualSP Editor to prospects, customers, employees, and/or partners. It is made available either through a snippet of code or a browser extension.
- VisualSP Analytics: VisualSP Analytics is an analytics dashboard that provides information about how individuals interact with published engagement and guidance content.
- VisualSP Site: Our Site offers basic information on our company, our technology, and the various products we offer. You can also read our blog, contact VisualSP through the Site or a landing page of an ad, visit our Knowledge Base, and access certain Services.
ARTIFICIAL INTELLIGENCE (AI)
You are responsible for all Prompts and Queries you submit to our AI Assistant. By submitting Prompts or Queries, you represent and warrant that you have all rights, licenses, and permissions necessary for us to process the Prompt or Query. You also represent and warrant that your submitting Prompts to us will not violate these terms or any applicable laws or regulations.
- Data Handling: Our AI Assistant is “context-aware” as it will have access to User Data within the browser context and the application you are using within the browser context. We do not use any Customer Data in machine learning, AI training, or fine-tuning. Data accessed by our AI Assistant to respond to User Prompts and Queries is solely within the browser context and is not archived or used for any other purpose beyond responding directly to the User Prompt or Query.
- Output Disclaimer: We make no claims regarding the accuracy of any information provided (the “Output”), or its fitness for a specific use or application. The Services and any Output are provided “as-is” with all warranties disclaimed, and Users accept full responsibility for any reliance on the Output and assume any associated risks.
CONFIDENTIALITY AND DATA PRIVACY
We (the “Receiving Party”) will:
- Protect the confidentiality of your (the “Disclosing Party”) Confidential Information using no less than reasonable care.
- Use Confidential Information solely within the scope of this Agreement.
- Limit access to Confidential Information to authorized individuals bound by confidentiality agreements.
In the event of a legal requirement to disclose Confidential Information, we will:
- Provide prompt notice to the Disclosing Party, where legally permitted.
- Disclose only the minimum amount of Confidential Information required.
WARRANTIES AND LIABILITY
- Performance Warranty: We warrant that our Services will be provided in accordance with generally accepted industry standards and free from known malicious code.
- Limitations: We disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose. We are not liable for indirect, incidental, punitive, or consequential damages, or loss of profits, revenue, or data.
- Aggregate Liability: Our liability is limited to the total amount paid for the Service in the 12-month period preceding the claim. For free Services, our liability is capped at $100 USD.
MODIFICATIONS AND TERMINATION
- Modifications: We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Site with notice to you. Continued use of the Services constitutes acceptance of the modified Terms.
- Termination: We reserve the right to suspend or terminate your access to the Site or Services for any breach of these Terms or other reasons, including fraudulent activity or legal compliance requirements.
ILLINOIS JURISDICTION AND COMPLIANCE
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without reference to conflicts of law principles.
CONTACT INFORMATION
If you have any questions or comments concerning these Terms or the Site and/or Services, you may contact us at info@visualsp.com. We aim to respond within a reasonable timeframe.