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Terms of Service

These Terms of Service (“Terms”) form a legally binding agreement between you (“you”, “your”, or “User”) and GenVisual (“GenVisual”, “we”, “our”, or “us”). These Terms govern your access to and use of our websites and applications (collectively, the “Services”).

By accessing, registering for, or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (incorporated by reference). If you do not agree, do not use the Services.

If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

1. Description of Services

GenVisual provides an AI-powered visual generation platform that helps you create diagrams, charts, and other visual outputs from prompts, data, or files. The Services may include a web interface and integrations that enable you to generate, edit, store, and share outputs.

The Services may evolve over time. We may add, remove, or modify features as described in Section 8.

2. Account Registration and Access

2.1 Eligibility: You must be at least 18 years old or the age of majority in your jurisdiction to register for an account and use the Services. By creating an account, you represent and warrant that you meet these eligibility requirements. If you are using the Services on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.

2.2 Account Information: You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify GenVisual immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.

3. License to Use Services

3.1 Grant of License: Subject to your compliance with these Terms, GenVisual grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your internal business purposes or personal use (as applicable to your plan), and in accordance with any documentation we provide.

3.2 Restrictions: You shall not, and shall not permit any third party to:

  • Use the Services in a way that violates applicable laws, regulations, or third-party rights (including privacy, publicity, and intellectual property rights).
  • Reverse engineer, decompile, disassemble, or attempt to discover the source code, underlying components, or models of the Services, except to the extent such restriction is prohibited by law.
  • Access or use the Services to build, train, or improve a competing product or service, or to benchmark the Services for competitive publication without our prior written consent.
  • Remove, alter, or obscure proprietary notices on the Services.
  • Circumvent or disable security or access controls, rate limits, or technical safeguards.
  • Use the Services to generate or disseminate illegal, harmful, exploitative, or fraudulent content, including content that infringes third-party rights.
  • Interfere with the operation of the Services or the experience of other users.

4. User Responsibilities & Content

4.1 Your Content: You are solely responsible for all data, content, prompts, files, and other materials you submit, upload, or process through the Services (“Your Content”). You represent and warrant that you have all rights, licenses, and permissions needed to provide Your Content to GenVisual for processing as contemplated by the Services and these Terms.

4.2 Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Services, including, without limitation, privacy laws such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

4.3 Data Privacy: If you submit personal information about third parties (for example, your end-users), you acknowledge and agree that you are the Data Controller (or similar role) for that personal information and GenVisual acts as a Data Processor (or similar role) when processing it on your behalf. You are responsible for providing required notices and obtaining necessary consents or other legal bases. We will process personal information in accordance with our Privacy Policy and any applicable DPA between you and GenVisual.

4.4 No Sensitive Personal Information: You agree not to submit or process through the Services any sensitive personal information or other highly confidential data unless we have explicitly agreed in writing (for example, through an executed DPA) and you have all necessary legal bases to do so. You bear sole responsibility for any such data you choose to submit.

4.5 AI Outputs and Your Use: Outputs generated by the Services may be inaccurate, incomplete, or unsuitable for your intended use. You are responsible for reviewing and validating outputs before relying on them, including for legal, medical, financial, or safety-critical decisions. GenVisual is not responsible for decisions you make based on outputs.

4.6 Feedback: If you provide feedback, suggestions, or ideas regarding the Services (“Feedback”), you grant GenVisual a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into our Services and for any business purpose, without obligation of compensation or attribution.

5. Intellectual Property

5.1 GenVisual’s IP: The Services, including underlying technology, software, algorithms, models, templates, and documentation, and all intellectual property rights therein, are and shall remain the exclusive property of GenVisual and its licensors. You receive only the limited rights expressly granted in these Terms. No ownership rights are transferred to you.

5.2 Your Content IP: As between you and GenVisual, you retain all intellectual property rights in and to Your Content, subject to the licenses granted in these Terms.

5.3 License to Your Content: You grant GenVisual a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable license (to our service providers and subcontractors) to host, store, reproduce, process, transmit, and display Your Content solely to provide, maintain, and secure the Services, and to fulfill our obligations under these Terms. This license continues for as long as you use the Services and for any additional period necessary to comply with law, resolve disputes, or enforce agreements, consistent with our Privacy Policy.

5.4 Use of Content to Improve Services: We may use aggregated and de-identified usage data to improve the Services. We may also use certain Your Content to develop and improve our models and features, where permitted by law and subject to any product settings, contractual commitments, or opt-out mechanisms we provide.

6. Fees and Payment

Access to certain features may require payment. You agree to pay all applicable fees in accordance with the pricing and payment terms presented to you, or as otherwise agreed in writing. Fees are non-refundable except as required by law or expressly stated in writing. We may change prices or plans with reasonable notice, and changes will apply prospectively.

7. Third-Party Services and Content

The Services may interoperate with, link to, or allow you to use third-party services, software, or content (for example, cloud storage providers, payment processors, or model providers). Your use of third-party services is governed by their terms and privacy practices. GenVisual is not responsible for third-party services.

8. Service Availability and Modifications

8.1 Availability: We strive to ensure the Services are available and perform well. However, GenVisual does not guarantee uninterrupted or error-free operation of the Services. We may, at our sole discretion, suspend, restrict, or terminate the Services or any part thereof for maintenance, security, or other reasons.

8.2 Modifications: GenVisual reserves the right to modify, update, or discontinue any aspect of the Services at any time. We will provide reasonable notice for any material changes or deprecations that may impact your use. Your continued use of the Services after such changes constitutes your acceptance of the modified Services.

9. Suspension and Termination

9.1 Termination by You: You may stop using the Services and terminate your account at any time by following the instructions on our website or by contacting our support team.

9.2 Termination by GenVisual: We may suspend or terminate your access to the Services, or your entire account, immediately and without prior notice if:

  • You breach any material provision of these Terms.

  • You fail to pay applicable fees.

  • We are required to do so by law.

  • Your use of the Services poses a security risk or could harm GenVisual or our users.

    9.3 Effect of Termination: Upon termination, your right to use the Services will immediately cease. You must delete all copies of any GenVisual documentation, and data obtained through the Services (except for Your Content and its derivatives that you lawfully retained). Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution shall survive termination.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. GENVISUAL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. YOU USE THE SERVICES AT YOUR SOLE RISK.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GENVISUAL, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF GENVISUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL GENVISUAL'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100 USD) OR (B) THE AMOUNT YOU PAID GENVISUAL, IF ANY, IN THE PAST THREE (3) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. Indemnification

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

  • Your access to or use of the Services.
  • Your breach of these Terms.
  • Your Content, including any claims that Your Content infringes or violates any third-party intellectual property or privacy rights.
  • Your violation of any applicable law, regulation, or third-party rights.
  • Your negligence or willful misconduct.

13. Governing Law and Dispute Resolution

13.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. This choice of law does not limit any consumer protection rights that you may be entitled to in your country of residence under the laws of the European Economic Area, the United Kingdom, or Switzerland.

13.2 Informal Resolution: Before initiating any formal legal action, you agree to first contact GenVisual's customer support and attempt to resolve any dispute informally.

13.3 Arbitration (for US Users):

  • Binding Arbitration: IF YOU ARE LOCATED IN THE UNITED STATES, you and GenVisual agree that any and all disputes, claims, or controversies arising out of or relating to these Terms or the Services that are not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, and judgment on the award may be entered in any court having jurisdiction.
  • Class Action Waiver: YOU AND GENVISUAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  • Exceptions: This arbitration agreement does not apply to claims for injunctive relief, intellectual property infringement claims, or claims brought in small claims court.

13.4 Jurisdiction (for EU/UK/Swiss Users and Exceptions to Arbitration): If you are located in the European Economic Area, the United Kingdom, or Switzerland, or if the arbitration clause in Section 13.3 is found to be unenforceable, then any disputes arising out of or relating to these Terms or the Services will be brought in the state or federal courts located in Wilmington, Delaware, United States, unless applicable law requires that you be able to bring claims in a different forum.

14. Changes to These Terms

GenVisual reserves the right to modify these Terms at any time. Any changes will be posted on this page with an updated effective date. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

15. Miscellaneous

15.1 Entire Agreement: These Terms, together with the Privacy Policy and any applicable DPA, constitute the entire agreement between you and GenVisual regarding the Services.

15.2 Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

15.3 No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and GenVisual's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without GenVisual's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. GenVisual may freely assign or transfer these Terms without restriction.

15.5 Export and Sanctions: You may not use the Services if you are located in, under the control of, or a national or resident of any country subject to U.S. embargo, or if you are on any U.S. government restricted party list. You agree to comply with applicable export control and sanctions laws.

15.6 Contact Information: For any questions regarding these Terms or the Services, please contact us at: support@genvisual.net