Terms of Service

Policies that apply to your account and use of this site

Last revised on Jun 27, 2019

These Terms of Service are a contract between you and Visitly LLC (referred to in these Terms of Service as “Visitly”, “us”, “we” or “our”), the provider of the Visitly website and the services accessible from the Visitly website (which are collectively referred to in these Terms of Service as the “Visitly Service”).

You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the Visitly Service. In these Terms of Service, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.

Your Account

  • Eligibility. Your account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted. Additionally, you must be 16 years of age or older.
  • Registration Information. You must provide a valid permanent email address, along with any other information required by Visitly during the registration process. One person or legal entity may not maintain more than one Trial account.
  • Password. You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you will be subject to our Privacy Policy.
  • Restrictions. You may not use the Visitly Service for any illegal or unauthorized purpose. You must not, in the use of the Visitly Service, violate any laws in your jurisdiction, including, among other things, by:
    • distributing any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
    • covering or obscuring any notice, legend, warning or banner contained on the Visitly Service;
    • interfering with or circumventing any security feature of the Visitly Service or any feature that restricts or enforces limitations on use of or access to the Visitly Service;
    • infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity
    • being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by Visitly in its sole discretion; or
    • deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information.

Subscriptions

Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.

  • AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe, Visitly will automatically process your Monthly Subscription fee in the next billing cycle. Visitly will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate, until you cancel your subscription. 

Annual Subscription: By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service . After one year and annually thereafter, you will be billed a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Annual Subscription anytime before the next billing cycle, subject to the terms of our cancellation policy.

  • AUTOMATIC ANNUAL RENEWAL TERMS: We bill your credit card for the Annual Subscription renewal fee in the first month of your next Annual Subscription.

For example, let’s say you purchased an Annual Subscription beginning in May 2015 and ending in April 2016. We will bill you for the second year (May 2016 to April 2017) in May 2016, unless you cancel your Annual Subscription before May 2016. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, Visitly will automatically process your Annual Subscription fee at the then-current Annual Subscription rate. 

Cancellation

  • You may request for cancellation your Monthly Subscription at any time by logging into your account, clicking on Setting/Billing, and following the cancellation procedures described there. If you need help, feel free to email us using this link: https://help.visitly.io/contact. If you cancel your Monthly Subscription, the cancellation will take effect for your next monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect.
  • Cancellation Policy for Annual Subscription Renewals: Annual Subscription fees are non-refundable. You may cancel your Annual Subscription renewal at any time after you are billed for the then-current year and before you are billed for the next year, by logging into your account, clicking on Setting/Billing, and following the cancellation procedures or by emailing us using this link: https://help.visitly.io/contact

Any cancellation of your account will result in the deactivation or deletion of your account, and the removal of all content in your account. This information can be restored by request of the Account Owner to Visitly for a 14-day period. Cancelled accounts cannot be recovered or restored from Visitly following this 14-day period. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Payment, Refunds, Upgrading and Downgrading

A valid credit card is required for paying accounts unless your company pays for services annually, in which case payment via ACH is acceptable. Trial accounts are not required to provide a credit card number.

The Visitly Service is billed in advance in accordance with our pricing schedule. There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused with an open account, except in the case of our 30-day money back guarantee (see below). In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes. You agree to pay for any taxes that might be applicable to your use of the Visitly Service or payments made by you in connection with your use of the Visitly Service.

Violation of these Terms of Service

We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that Visitly has no obligation to prescreen or monitor your access to or use of the Visitly Service or any information, materials or other content provided or made available through the Visitly Service, but has the right to do so. You hereby agree that Visitly may, in the exercise of our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.

Termination

Visitly reserves the right to terminate any trial accounts without a payment method thirty (30) days after expiration.

Visitly, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms of Service. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account.

Modifications to the Visitly Site and Prices

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Visitly Service (or any part thereof) with or without notice. However, we will make our very best efforts to notify customers of any upcoming system maintenance and/or service disruptions.

Prices of all Visitly Service plans are subject to change. If Visitly does for any reason have to remove the plan you are on or require an upgrade to a current plan, we will provide you with at least six (6) months notice via email.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Visitly Service.

We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.

If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Visitly Service. Your continued use of the Visitly Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Visitly Service, including the release of new tools and resources, will be subject to these Terms of Service.

Intellectual Property and Content Ownership

We claim no ownership rights over the content submitted or created exclusively by you in your Visitly account. Any content that is yours remains yours. These Terms of Service do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Visitly Service to you.

Similarly, any reporting data we collect from your use of the Visitly Service remains yours. By using the Visitly Service you agree that we can use this data to provide the Visitly Service to you, and you also agree that as long as the data is anonymized and does not identify you, we can combine this data with the anonymized data of other companies to provide benchmarking, public reports or to otherwise use it to provide the Visitly Service.

The contents of the Visitly Service are copyrighted under the United States copyright laws (© 2019 – Visitly LLC). Visitly, and the Visitly logos, are trademarks of Visitly and may not be used without our express written permission. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission. You do not acquire any ownership rights by using the Visitly Service..

Account Access

In some cases, it is necessary for Visitly employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Visitly employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.

Indemnification

You agree to indemnify and hold Visitly, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Visitly Service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.

Disclaimer

The Visitly Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. Visitly is a distributor and not a publisher of the content supplied by third parties; as such, Visitly exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Visitly Service. Without limiting the foregoing, Visitly specifically disclaims all warranties and representations in any content transmitted on or in connection with the Visitly Service or on sites that may appear as links on the Visitly Service, or in the products provided as a part of, or otherwise in connection with, the Visitly Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Visitly or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Visitly does not warrant that the Visitly Service will be uninterrupted, uncorrupted, timely, or error-free.

Limitation of Liability

Visitly will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the Visitly Service, whether or not Visitly is advised of the possibility of such damages. You acknowledge and agree that Visitly’s maximum liability to you will not exceed the amount you have paid Visitly in the ninety (90) days immediately preceding the date on which you first assert a claim.

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Visitly Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

Jurisdiction and Venue

These Terms of Service and any controversy, claim or dispute arising under or related to these Terms of Service will be construed, pursued and resolved in accordance with and will be governed by the laws of California, USA without regard to its conflicts of laws provisions. You irrevocably consent to the exclusive jurisdiction of the courts of California and the federal courts situated in California in connection with any action or dispute arising between the parties under or in connection with these Terms of Service.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Visitly. Visitly will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Visitly operates and controls the Visitly Service from its offices in the United States. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Visitly Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service (which include and incorporate the Visitly Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Visitly concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.