Terms & Conditions
Last Updated: [07/05/2025]
Please Read these Terms and Conditions (the "Terms") carefully before accessing or using any websites, applications, products, or services (collectively, the "Services") provided by Visibol LLC, a Wisconsin limited liability company ("Visibol," "we," "us," or "our"). By accessing or using the Services, you ("Customer," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference.
1. Definitions
1.1 "Affiliate" means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party.
1.2 "Content" means all text, graphics, images, audio, video, data, code, and other materials made available through the Services.
1.3 "Customer Data" means any data, information, or material provided or submitted by Customer to the Services.
1.4 "Insolvency Event" means (a) the filing of a petition in bankruptcy or for reorganization or an arrangement with creditors or appointment of a trustee or receiver for any assets; (c) an assignment for the benefit of creditors; or (d) a comparable event under any applicable law, in each case with respect to Visibol.
2. Acceptance of Terms
By creating an account, executing an Order Form, clicking "I Agree," or otherwise using the Services, you accept these Terms on behalf of yourself or the entity you represent. If you do not agree, do not access or use the Services.
3. Eligibility and Account Registration
3.1 Eligibility
You must be at least 18 years old and legally able to form a binding contract to use the Services.
3.2 Account Credentials
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account
4. Scope of Services
Visibol provides design, development, cloud-migration, and related consulting Services as further described on our website and in any statement of work or order form (each an "Order Form"). Visibol may modify, enhance, or discontinue any part of the Services at any time, subject to Section 15 (Termination).
6. Intellectual Property Rights
6.1 Visibol IP
Visibol and its licensors retain all right, title, and interest in and to the Services, including all improvements, derivatives, and related intellectual property rights.
6.2 License to Customer
Subject to these Terms and timely payment of fees, Visibol grants Customer a limited, non-exclusive, non-transferable license to access and use the Services for Customer's internal business purposes during the Subscription Term.
6.3 Customer Data.
Customer retains all ownership rights in Customer Data. Customer hereby grants Visibol a non-exclusive, worldwide, royalty-free license to use, reproduce, and process Customer Data solely to provide and improve the Services.
7. Confidentiality
Each party (the "Receiving Party") will keep confidential all non-public information of the other party (the "Disclosing Party") disclosed in connection with the Services and will use such information only for the purposes of fulfilling its obligations under these Terms. This Section survives termination for five (5) years.
8. Acceptable Use Policy
Customer agrees not to: (a) use the Services in violation of any applicable law; (b) transmit malicious code; (c) reverse engineer or attempt to obtain unauthorized access to the Services; (d) interfere with or disrupt the integrity of the Services; or (e) use the Services to infringe the rights of any third party.
9. Third-Party Services and Open-Source Software
The Services may integrate with third-party services or contain open-source components. Visibol is not responsible for third-party services or their warranties regarding them, open-source licenses may apply.
13. Term and Termination
13.1 Term
These Terms commence on the Effective Date and continue until all Order Forms have expired or been terminated.
13.2 Termination for Cause.
Either party may terminate these Terms for material breach on thirty (30) days' written notice if the breach remains uncured.
13.3 Effect of Termination
Insolvency Event. Upon any termination or an Insolvency Event, (a) Customer's license to use the Services immediately ceases; (b) Visibol has no obligation to continue to perform or to refund any fees; and (c) Sections 6, 7, 10, 11, 12, 13.3, 16, and 18 survive.
14. Force Majeure
Visibol will not be liable for any delay or failure to perform due to events beyond its reasonable control, including natural disasters, acts of government, or telecommunications failures.
15. Modifications to Terms
Visibol may modify these Terms at any time by posting the revised Terms on its website or notifying Customer. Continued use of the Services after the effective date of modifications constitutes acceptance of the revised Terms.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Wisconsin, without regard to conflict-of-law principles. Any dispute shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Madison, Wisconsin, in English. Judgment on the award may be entered in any court of competent jurisdiction.
17. Assignment
Customer may not assign or transfer these Terms without Visibol's prior written consent. Visibol may assign its rights and obligations hereunder in whole or in part.
18. Miscellaneous
18.1 Entire Agreement
These Terms, the Privacy Policy, and any Order Forms constitute the entire agreement between the parties.
18.2 Severability
If any provision is held unenforceable, the remaining provisions will remain in effect.
18.3 No Waiver
Failure to enforce any provision is not a waiver of future enforcement of that or any other provision.
18.4 Relationship of the Parties
The parties are independent contractors. Nothing herein creates a joint venture or partnership.
11. CONTACT US
For questions or concerns about this Policy or our data practices, contact:
Visibol LLC
Attn: Data Protection Officer
131 Langdon Street, Madison, Wisconsin, 53703.
Email: privacy@visibol.com
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