Terms of Service

Last Updated: January 15, 2025

Welcome to TechVision Solutions. These Terms of Service ("Terms") govern your access to and use of our website, products, services, and applications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use our Services. Please read these Terms carefully before proceeding.

1. Acceptance of Terms and Modifications

By creating an account, accessing our Services, or using any of our products, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and TechVision Solutions, Inc. ("TechVision," "we," "us," or "our").

We reserve the right to modify, update, or change these Terms at any time. Material changes will be communicated through email notification, in-app messaging, or prominent notice on our website. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms. The "Last Updated" date at the top of this page indicates when the most recent changes were made.

2. Eligibility and Account Requirements

2.1 Age Requirements

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use our Services. By using our Services, you represent and warrant that you meet these age requirements.

2.2 Account Registration

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Immediately notify us of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

2.3 Corporate Accounts

If you are registering on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" in these Terms will apply to both you and the organization.

3. Acceptable Use and Prohibited Activities

3.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to comply with all applicable local, state, national, and international laws and regulations.

3.2 Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws, regulations, or third-party rights
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation
• Uploading or transmitting viruses, malware, or any other malicious code
• Attempting to gain unauthorized access to our systems, networks, or other users' accounts
• Interfering with or disrupting the integrity or performance of the Services
• Collecting or harvesting any information from the Services using automated means
• Using the Services to send spam, unsolicited communications, or engage in phishing
• Reverse engineering, decompiling, or disassembling any part of the Services
• Removing or modifying any proprietary notices or labels
• Using the Services for any competitive purposes or to develop competing products
• Engaging in any activity that could harm minors
• Violating the intellectual property rights of TechVision or any third party

3.3 Monitoring and Enforcement

We reserve the right, but have no obligation, to monitor use of the Services, investigate violations, and take appropriate action, including suspension or termination of accounts, removal of content, and reporting to law enforcement.

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Services and all content, features, and functionality, including but not limited to software, text, graphics, logos, images, audio, video, data compilations, and the design, selection, and arrangement thereof, are owned by TechVision or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes. This license does not include any rights to:

• Resell, redistribute, or make commercial use of the Services
• Modify, adapt, or create derivative works based on the Services
• Download or copy content except as expressly permitted
• Use any data mining, robots, scraping, or similar automated data gathering tools

4.3 Trademarks

TechVision, TechVision Solutions, and all related logos, product names, and service names are trademarks or registered trademarks of TechVision Solutions, Inc. You may not use these marks without our prior written consent.

4.4 User Content License

By uploading, submitting, or posting content to the Services ("User Content"), you grant TechVision a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with operating and providing the Services.

5. Subscription Plans and Billing

5.1 Subscription Tiers

We offer various subscription plans with different features, usage limits, and pricing. Details of each plan are available on our pricing page. You may upgrade or downgrade your plan at any time, subject to the terms outlined below.

5.2 Payment Terms

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. You agree to provide current, complete, and accurate payment information. By providing payment information, you authorize us to charge the applicable fees to your designated payment method.

5.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. Renewal charges will be processed using your payment method on file. You will receive notice of any fee changes at least 30 days in advance.

5.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellations will take effect at the end of the current billing period, and you will retain access to the Services until that time. We do not provide refunds for partial billing periods, except as required by law or as explicitly stated in promotional offers.

5.5 Free Trials

We may offer free trial periods for certain subscription plans. At the end of the trial period, your payment method will be automatically charged unless you cancel before the trial expires. We reserve the right to modify or terminate free trial offers at any time.

5.6 Taxes

All fees are exclusive of applicable taxes, levies, or duties. You are responsible for payment of all such taxes, except for taxes based on our net income.

6. Service Level and Availability

6.1 Service Availability

We strive to provide reliable Services with minimal downtime. However, we do not guarantee that the Services will be available at all times or free from errors, bugs, or interruptions. We may suspend or modify the Services for maintenance, updates, or other reasons without prior notice.

6.2 Service Level Agreements (SLA)

Enterprise customers may be subject to specific Service Level Agreements as outlined in their individual contracts. SLA terms supersede the general availability provisions in these Terms.

6.3 System Requirements

Use of the Services may require compatible hardware, software, and internet connectivity. You are responsible for ensuring your systems meet the necessary requirements, which are specified in our documentation.

7. Data Protection and Security

7.1 Your Data

You retain all rights, title, and interest in and to your data submitted through the Services. We will process your data in accordance with our Privacy Policy and applicable data protection laws.

7.2 Data Security

We implement industry-standard security measures to protect your data. However, no method of transmission over the Internet or electronic storage is completely secure. You acknowledge that you transmit data to us at your own risk.

7.3 Data Backup

While we perform regular backups of our systems, you are responsible for maintaining your own backup copies of your data. We are not liable for any loss or corruption of your data.

7.4 Data Retention

Upon termination of your account, we will retain your data for a period specified in our Privacy Policy, after which it will be securely deleted. You may request early deletion by contacting our support team.

8. Third-Party Services and Integrations

Our Services may integrate with or link to third-party applications, websites, or services ("Third-Party Services"). We do not control and are not responsible for Third-Party Services, their content, privacy practices, or terms of use. Your interactions with Third-Party Services are governed by their respective terms and policies.

Integration with Third-Party Services may require you to grant us access permissions. You may revoke these permissions at any time through the respective third-party platform or your account settings.

9. Confidentiality and Non-Disclosure

During your use of the Services, you may have access to confidential and proprietary information of TechVision ("Confidential Information"). You agree to:

• Maintain the confidentiality of such information
• Not disclose Confidential Information to any third party without our prior written consent
• Use Confidential Information solely for the purpose of using the Services
• Return or destroy Confidential Information upon termination of your account

Confidential Information does not include information that is publicly available, independently developed, or rightfully obtained from third parties.

10. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, TECHVISION DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties that the Services will be uninterrupted, secure, or error-free
• Warranties regarding results obtained from use of the Services

No advice or information obtained from TechVision or through the Services will create any warranty not expressly stated in these Terms.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TECHVISION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or use
• Loss of or damage to business reputation or goodwill
• Business interruption or procurement of substitute services
• Any other commercial damages or losses

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

IN NO EVENT SHALL TECHVISION'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless TechVision, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms or any applicable laws
• Your violation of any third-party rights, including intellectual property rights
• Your User Content or any content you submit through the Services
• Any fraudulent, negligent, or illegal acts or omissions

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense. You will cooperate with our defense of these claims.

13. Termination and Suspension

13.1 Termination by You

You may terminate your account at any time by following the cancellation process in your account settings or contacting our support team. Upon termination, your right to access and use the Services will immediately cease.

13.2 Termination by Us

We may suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice, including if:

• You violate these Terms or our policies
• You fail to pay applicable fees
• Your account is inactive for an extended period
• We are required to do so by law or court order
• Providing the Services to you is no longer commercially viable

13.3 Effect of Termination

Upon termination:

• All licenses and rights granted to you will immediately cease
• You must immediately cease all use of the Services
• We may delete your account and data in accordance with our retention policies
• Provisions that by their nature should survive termination will remain in effect

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating formal dispute resolution, you agree to first contact us at legal@techvision.com and attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith for a period of 60 days.

14.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute arising from these Terms or the Services will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in San Francisco, California, or another mutually agreed location, and will be governed by the Federal Arbitration Act.

14.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in class actions, class arbitrations, or representative actions against TechVision.

14.4 Exceptions

Either party may seek injunctive or equitable relief in court for disputes involving intellectual property rights, confidentiality obligations, or enforcement of arbitration provisions.

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of California and the United States, without regard to conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco County, California, and you consent to personal jurisdiction in those courts.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific Services, constitute the entire agreement between you and TechVision and supersede all prior agreements, understandings, and communications.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of TechVision.

16.4 Assignment

You may not assign or transfer these Terms or your rights and obligations without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

16.5 Force Majeure

We will not be liable for any delay or failure to perform obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, governmental actions, or network failures.

16.6 Export Compliance

The Services are subject to U.S. export control laws and regulations. You agree to comply with all applicable export and import laws and will not export, re-export, or transfer the Services to prohibited countries, entities, or individuals.

16.7 U.S. Government Users

If you are a U.S. government entity, the Services constitute "commercial computer software" and "commercial computer software documentation" as defined in applicable federal regulations, and are provided with only those rights as are granted to commercial end users.

17. Contact Information

If you have questions, concerns, or feedback regarding these Terms or the Services, please contact us:

TechVision Solutions, Inc.
Legal Department
1999 Van Ness Ave, San Francisco, CA 94109, USA

Email: legal@techvision.com
Phone: +1 415-474-3171
Support Portal: https://support.techvision.com