Terms and Conditions for Vizybility DMS
Effective Date: May 1, 2021
These Terms and Conditions (“Terms”) govern your access to and use of the Vizybility DMS platform (the “Service”) operated by [Your Company Name] (“Company”, “we”, “us”, or “our”).
By registering for or using the Service, you (“Customer”, “you”, or “your”) agree to be bound by these Terms. If you do not agree, do not access or use the Service.
1. Service Description
Vizybility DMS is a cloud-based Software-as-a-Service (SaaS) platform tailored for construction equipment dealerships. It provides digital tools to manage operations including, but not limited to, inventory, service tracking, parts management, rental scheduling, sales, and reporting.
2. Eligibility and Account Registration
To use the Service, you must be a legally registered business entity operating within the construction equipment sales or rental industry. You must create an account by providing accurate and complete business and user information. You are responsible for maintaining the confidentiality of account credentials and for all activity under your account.
3. Access and Use
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-transferable, non-exclusive license to access and use the Service solely for your internal dealership operations.
You shall not:
License, sell, rent, or distribute the Service to third parties.
Reverse engineer, decompile, or attempt to derive the source code of the platform.
Use the Service in violation of any laws or regulations.
4. Subscription and Billing
4.1 Subscription Structure
Subscriptions are billed monthly, and charges are based on the specific modules you subscribe to. Each module (e.g., Inventory, Service, Rentals, CRM, Reporting) carries its own monthly fee as outlined in your service agreement or online dashboard.
4.2 Payment Terms
You agree to pay all subscription fees in advance of each monthly billing cycle. Payments are due upon receipt of the invoice. All fees are non-refundable unless otherwise stated in writing.
4.3 Changes to Subscription
You may add or remove modules at any time. Changes will be reflected in the next billing cycle. Downgrades may result in loss of access to data or features related to the removed modules.
5. Service Availability and Support
We strive to maintain 99.9% uptime, excluding scheduled maintenance and force majeure events. Support is available via email and/or chat during normal business hours as outlined in our support policy.
6. Data Ownership and Usage
You retain full ownership of all data inputted into Vizybility DMS (“Customer Data”). You grant us a limited license to host, process, and back up this data solely for the purpose of operating and improving the Service.
We implement industry-standard measures to protect Customer Data and comply with applicable data protection laws.
7. Confidentiality
Both parties agree to protect confidential information disclosed during the course of business. Neither party will disclose the other’s confidential information to third parties without written consent, except as required by law.
8. Intellectual Property
All rights, title, and interest in and to the Service, including all underlying software, documentation, and branding, remain the exclusive property of the Company or its licensors. No rights are granted except as expressly set forth in these Terms.
9. Term and Termination
These Terms remain in effect until terminated by either party. You may cancel your subscription at any time through your account portal or by contacting us directly. Cancellation will take effect at the end of the current billing cycle.
We reserve the right to suspend or terminate your access for breach of these Terms or non-payment. Upon termination, your access to the Service and data will be revoked after a 30-day data retention period unless otherwise agreed.
10. Disclaimers
The Service is provided “as is” and “as available” without warranty of any kind. We do not guarantee that the Service will be error-free or uninterrupted. Your use of the platform is at your own risk.
11. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or special damages arising out of or related to your use of the Service. Our total liability under these Terms shall not exceed the total fees paid by you in the three (3) months prior to the event giving rise to the claim.
12. Indemnification
You agree to indemnify and hold harmless the Company from any claims, damages, or losses arising out of your use of the Service, violation of these Terms, or infringement of any intellectual property or other rights of a third party.
13. Modifications
We reserve the right to update these Terms at any time. Material changes will be communicated to you via email or through the platform. Continued use of the Service after changes become effective constitutes your acceptance of the new Terms.
14. Governing Law
These Terms are governed by the laws of Delaware. Any disputes arising under or in connection with these Terms shall be resolved in the courts of Delaware.
15. Contact Information
If you have any questions about these Terms or your subscription, please contact:
Email: support@vizybility.net
Phone: 289-680-6387
Mailing Address: 447 Broadway Ave, Unit 601, NY, NY, 10013
