These Terms and Conditions (“Terms”) govern your access to and use of growvizibly.com (the “Website”) and the services provided by Vizibly (“we,” “us,” or “our”).
By accessing the Website or purchasing our services, you agree to be bound by these Terms.
Vizibly provides subscription-based digital infrastructure services, including CRM configuration, automation systems, messaging tools (including SMS functionality), and related technical services for businesses.
We reserve the right to modify, suspend, or discontinue any aspect of the services at any time.
3. Eligibility
You must be at least 18 years old and legally capable of entering into a binding agreement to use our services.
Our services are not intended for individuals under 13 years of age.
4. Accounts and Sub-Accounts
Clients may receive access to a dedicated sub-account within our platform infrastructure.
You are responsible for:
Maintaining the confidentiality of login credentials All activity occurring under your account Ensuring authorized access only
We are not liable for unauthorized access resulting from your failure to safeguard credentials.
5. Payments and Subscriptions
All services are provided on a recurring subscription basis unless otherwise agreed.
Payments are processed securely through Stripe Checkout. We do not store or process credit card information directly.
By purchasing a subscription, you authorize recurring charges in accordance with your selected plan.
Failure to pay may result in suspension or termination of services.
6. Client Responsibilities (Data and Compliance)
When using our platform to collect, store, or communicate with customer data:
You represent and warrant that:
You have obtained all necessary consents from your customers You comply with all applicable privacy and telecommunications laws, including but not limited to: U.S. TCPA Canada’s CASL Applicable data protection laws
You are solely responsible for:
The legality of customer lists uploaded to the platform The content of SMS messages sent Honoring opt-out requests Maintaining required records of consent
Vizibly acts solely as a technology provider and data processor. We do not independently determine recipient lists or message content.
7. SMS Communications
If you use SMS functionality through our platform:
You must obtain prior express consent where required by law You must provide clear opt-out instructions You must immediately honor unsubscribe requests
We reserve the right to suspend SMS functionality if misuse or legal risk is detected.
8. Data Processing Role
For data you upload or collect through your sub-account:
You are the Data Controller. Vizibly acts as a Data Processor.
We process such data only in accordance with your instructions and our Privacy Policy.
9. Acceptable Use
You agree not to use the services to:
Send unlawful, abusive, fraudulent, or deceptive communications Violate privacy laws Transmit malware or harmful code Engage in spamming or unauthorized mass messaging Infringe intellectual property rights
We may suspend or terminate services for violations of these Terms.
10. Intellectual Property
All platform infrastructure, workflows, configurations, branding, and related materials provided by Vizibly remain our intellectual property unless otherwise agreed in writing.
You retain ownership of your business data and customer data.
11. Confidentiality
Both parties agree to maintain the confidentiality of proprietary or sensitive business information exchanged in connection with the services.
12. Disclaimer of Warranties
Services are provided “as is” and “as available.”
We make no guarantees regarding:
Specific business results Revenue increases Search rankings Customer acquisition outcomes
We do not warrant that services will be uninterrupted or error-free.
13. Limitation of Liability
To the maximum extent permitted by law:
Vizibly shall not be liable for:
Indirect, incidental, special, or consequential damages Lost profits Regulatory fines arising from client misuse Claims resulting from unlawful messaging or data practices by clients
Our total liability shall not exceed the amount paid by you in the three (3) months preceding the claim.
14. Indemnification
You agree to indemnify and hold harmless Vizibly from any claims, damages, liabilities, fines, or expenses arising from:
Your misuse of the services Your violation of privacy or telecommunications laws Your failure to obtain proper consent for communications
15. Termination
We may suspend or terminate services:
For non-payment For violation of these Terms For legal or compliance risks
You may cancel your subscription according to the terms of your plan.
Upon termination, access to your sub-account may be revoked.
16. Governing Law
These Terms shall be governed by the laws of the State of Florida, United States, without regard to conflict of law principles.
17. Modifications
We may update these Terms from time to time. Continued use of the Website or services after changes constitutes acceptance of the revised Terms.
