VIZIBLE MARKETING AGENCY, LLC — TERMS OF SERVICE
Last modified June 7, 2025.
THIS AGREEMENT (the Terms of Service), TOGETHER WITH THE PRIVACY POLICY, TERMS OF USE, ANY APPLICABLE ORDER FORM AND ADDITIONAL POLICIES (COLLECTIVELY, THE “AGREEMENT”), GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES PROVIDED BY VIZIBLE MARKETING AGENCY, LLC (VARIOUSLY “VIZIBLE”, “COMPANY”, “WE”, OR “US”). BY SIGNING, CLICKING “ACCEPT” OR USING THE SERVICES, YOU ACCEPT THIS AGREEMENT. IF YOU ARE ACCEPTING ON BEHALF OF AN ORGANIZATION, YOU REPRESENT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION.
Definitions and Constructions
Unless otherwise specified, the terms “includes”, “including”, “e.g.” and similar language mean “without limitation”. Terms capitalized in these Terms have the meanings attributed in the Agreement. The following definitions apply:
- Agreement — the applicable Order Form, Terms of Service, Terms of Use, Privacy Policy, and related documents.
- Augmented Data — information you submit, which may be updated, enhanced, or verified using Vizible’s resources and third-party sources.
- Consulting Services — professional services (integration, training, client development) purchased under an Order Form.
- Confidential Information — non-public, proprietary information disclosed between the parties, excluding information that is public or already known to the Receiving Party.
- Customer / You — the individual or entity using/purchasing the Services.
Services and Our Responsibility
Vizible will provide Purchased Services according to the Agreement and will use commercially reasonable efforts to keep the online Purchased Services available 24/7, excluding scheduled maintenance, force majeure events, or outages caused by your acts or omissions. Support levels, response times, and service descriptions are set forth in the Order Form or separate SLA where applicable.
Free Services. Free Services or trials may be offered; these are governed by the Agreement and may be terminated at Vizible’s discretion.
Subscriptions, Fees & Payment
Subscription fees and payment terms are set in the Order Form. Unless stated otherwise, fees are non-cancellable and non-refundable. You agree to provide accurate billing information and authorize Vizible to charge the provided payment method. Late payments may incur interest at 1.5% per month or the legal maximum.
Taxes. Fees are exclusive of taxes; you are responsible for taxes arising from the Services, except taxes on Vizible’s net income.
Term, Renewal & Termination
The Agreement commences as of the date you accept and continues for the term specified in the Order Form (commonly monthly). Unless either party provides notice per the Order Form, subscriptions automatically renew. Either party may terminate for material breach after notice and a cure period as specified. On termination, Vizible may delete or suspend access to Your Data after any retrieval window identified in the Order Form.
Use Restrictions & Customer Responsibilities
You will: (a) use the Services only in compliance with applicable law and the Agreement; (b) not reverse engineer, attempt unauthorized access, or use robots, scrapers, or automated means to access the Services; (c) maintain accurate data and account security; and (d) restrict access to authorized users. You are responsible for all actions under your account.
Proprietary Rights & Licenses
Vizible and its licensors retain ownership of the Services and all related intellectual property. You own Your Data, and you grant Vizible a limited license to process, host, display and otherwise use Your Data to provide the Services. Feedback is subject to a license allowing Vizible to use improvements.
Confidentiality
Each party shall keep Confidential Information confidential and use it only for permitted purposes. Exceptions include information required to be disclosed by law, provided notice is given where possible. Confidentiality survives termination for the period specified in the Agreement.
Indemnity
You agree to indemnify Vizible and its affiliates, officers and employees from third-party claims arising from (a) your use of the Services, (b) User Content you provide, (c) violation of applicable law, or (d) breach of the Agreement, including reasonable attorneys’ fees.
Liability & Warranty Disclaimers
SERVICES ARE PROVIDED “AS IS” TO THE MAXIMUM EXTENT PERMITTED BY LAW. VIZIBLE DISCLAIMS IMPLIED WARRANTIES (MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT) TO THE EXTENT PERMITTED. LIABILITY IS LIMITED PER THE AGREEMENT (COMMONLY TO FEES PAID DURING A DEFINED PERIOD), EXCEPT FOR LIABILITY FOR WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR CERTAIN MANDATORY LEGAL LIABILITY.
Miscellaneous
This Agreement (with Order Forms) constitutes the entire agreement between the parties for the Services. Amendments require written agreement unless otherwise stated. Governing law and dispute resolution provisions are set in the Agreement or Order Form. Assignment restrictions apply unless consented to or in the event of corporate changes like mergers.
Date of last revision: June 2, 2025
By accessing or using the Site or Services you agree to these Terms of Use (TOU) and the Privacy Policy. If you do not agree, do not use the Site.
Registration & Account Security
You must provide accurate Registration Data, maintain password confidentiality, and promptly update information. You are responsible for all activity on your account and for maintaining your devices and software up to date.
Prohibited Conduct
Prohibited actions include: unlawful activity, sending spam, unauthorized data harvesting, deploying scrapers or bots, distributing malware, impersonation, posting content that infringes IP, is defamatory, obscene, or otherwise unlawful.
User Content & License
Users are solely responsible for their User Content. By posting, you grant Vizible an irrevocable, perpetual, transferable, worldwide license to use, copy, display, reproduce, distribute, adapt, and otherwise exploit your content as necessary to provide the Services. You retain ownership of your content.
Enforcement & General Terms
Vizible may suspend or terminate accounts for TOU violations. The TOU together with other policies form the full agreement for Site usage. Report suspected violations (including copyright) to [email protected] . Certain provisions (notices, waiver, severability) apply as detailed in the Agreement.
Date of last revision: October 11, 2025
The Reputation Management Platform (the “Platform”) is operated by Vizible and affiliates. By using the Platform you agree to these terms. Membership and features may vary by jurisdiction and are void where prohibited. Intended for users 18 and older.
Proprietary Rights in Site Content; Limited License
All Site Content (text, images, designs, software) is proprietary to Vizible, its users or licensors. You are granted a limited license to access Site Content for permitted uses only. No redistribution or republishing without Vizible’s prior written consent (except your own User Content).
Reputation Management Mobile Services
Mobile Services may include: Mobile Uploads, Messaging, Mobile Web, and Mobile Client. Vizible does not charge for Mobile Services but carrier message/data fees may apply. By using Mobile Services you consent to receipt of SMS/MMS. Keep your contact details current to avoid misdelivery.
Copyright Complaints
Vizible respects intellectual property rights. When proper Notification of Alleged Copyright Infringement is received, Vizible will act in accordance with the DMCA to remove or disable access to allegedly infringing material.
Repeat Infringer Policy
In accordance with DMCA and applicable law, Vizible may terminate or limit accounts of repeat infringers at its discretion.
Third-Party Websites & Content
The Platform may contain links to Third-Party Sites and Third-Party Content. Vizible does not investigate or monitor such sites and is not responsible for their content, policies, or practices. Use them at your own risk and review their terms and privacy policies.
User Disputes, Privacy & Disclaimers
You are responsible for your interactions with other users. Vizible may, but is not required to, monitor disputes. By using the Platform you consent to transfer and processing of personal data in Canada and the United States.
Date of last revision: November 11, 2025
The Social Marketing Platform allows creation/management of commercial pages and social campaigns. Use the Platform only for authorized commercial purposes. Vizible may change these terms and will post the effective date of changes.
Registration, Conduct & Page Ownership
Provide accurate Registration Data and secure your account. You must not post infringing, unlawful, defamatory, or otherwise prohibited content. Vizible does not pre-screen Social Marketing Pages and cannot guarantee that a page is operated by the entity it claims to represent. Review page owners’ privacy practices before providing personal information.
Copyright & Enforcement
Copyright complaints will be handled per DMCA. Repeat infringers may be terminated. Vizible disclaims liability for third-party content on Social Marketing pages.
Mobile Services & Disclaimers
Mobile functionality mirrors features described above. Carriers may charge fees. Vizible is not responsible for technical failures, data loss, or damages arising from use of the Site, Service, or mobile apps.
Arbitration & Governing Law
Dispute resolution (including arbitration clauses and venue) and limitations on class actions are detailed in the Agreement and applicable Orders. Where specified, governing law is the State of Ohio (or another jurisdiction per the Agreement) and parties may be required to pursue arbitration administered by the American Arbitration Association.
