Terms of use

These Terms of Service govern business customers’ access to and use of VisualizeNow and visitors’ use of visualizenow.com.

These Terms form an agreement between Visualise Maintenant Inc., operating as VisualizeNow (“VisualizeNow,” “VN,” “we,” “us,” or “our”) and the business customer that accepts them (“Customer,” “you,” or “your”).

Shoppers who use the VisualizeNow widget on a retailer’s website do not enter into this business agreement with VN. Information about how their personal information is handled is provided through the widget and our Privacy Policy.

You accept these Terms by accepting them during signup or checkout, by signing or accepting an order that refers to them, or by otherwise using the Service after they have been presented to you in a manner that creates a binding agreement.

Your subscription or order details (the “Order”) set the applicable plan, price, billing period, usage limits and other commercial terms. If a separately signed agreement expressly conflicts with these Terms, that agreement controls to the extent of the conflict.

1. The Service

VisualizeNow provides product-visualization software, including its embeddable widget, dashboard, analytics and related functionality (the “Service”).

During an active subscription, VN grants Customer a limited, non-exclusive, non-transferable right to access and use the Service for its business and on the websites associated with its account.

VN may update, improve, replace or discontinue features or technologies as the Service evolves. VN will use commercially reasonable efforts to maintain the core functionality of an active paid subscription.

Customer is responsible for its website, product information, product claims, privacy disclosures, consent mechanisms and compliance with laws applicable to its business and its relationship with shoppers.

2. Acceptable Use

Customer will not, and will not knowingly permit others to:

• use the Service unlawfully or to infringe the rights of others;
• submit content it is not authorized to use or process;
• reverse-engineer, copy, resell or commercially exploit the Service except as expressly permitted;
• use VN’s proprietary technology to build a competing service;
• bypass security, safety, billing or usage controls; or
• interfere with the security or operation of the Service.

Customer is responsible for activity under its account and for keeping account credentials secure.

3. Subscription, Fees and Cancellation

Customer will pay the fees stated in the Order. By starting a recurring subscription and providing payment information, Customer authorizes VN and its payment processor to charge the applicable recurring fees until the subscription is cancelled.

Unless the Order states otherwise, subscriptions renew for successive billing periods until cancelled. Cancellation takes effect at the end of the current paid billing period unless the Order provides otherwise.

Usage limits, additional usage and any related charges are governed by the Order.

Fees are exclusive of applicable taxes unless expressly stated otherwise.

4. Intellectual Property and Customer Content

VN retains all rights in the Service and the technology, software, designs, documentation and improvements that support it. No ownership of the Service is transferred to Customer.

Customer retains ownership of its trademarks, product information, images, catalogue, website content and other materials it provides to VN. Customer grants VN the rights reasonably necessary to use those materials to provide, support and improve the Service.

VN may use feedback voluntarily provided by Customer without restriction or compensation.

VN may also create and use aggregated, statistical or anonymized information derived from operation of the Service, provided that it does not identify an individual or disclose Customer’s confidential information.

5. Privacy and Data Processing

Each party will comply with the privacy laws applicable to its role.

When VN processes personal information on Customer’s behalf, VN will:

• use it only as necessary to provide, secure and support the Service, or as otherwise permitted or required by law;
• maintain reasonable safeguards and confidentiality measures appropriate to the information;
• ensure that persons or service providers acting on VN’s behalf are subject to appropriate confidentiality and data-protection obligations;
• not retain the information after it is no longer required to perform the Service, except where retention is permitted or required by law;
• notify Customer without delay of a violation or attempted violation of confidentiality where required by applicable law; and
• provide reasonable information and access necessary for Customer’s privacy officer to verify compliance with these obligations where required by law.

Customer is responsible for providing required notices and obtaining any consent required for the Service on its website.

VN may use third-party service providers, and personal information may be processed in other regions of the world as necessary to provide the Service, subject to applicable law and appropriate safeguards.

VN’s Privacy Policy provides additional information about its privacy practices.

6. Confidentiality

Each party will protect non-public information received from the other that is confidential by its nature or the circumstances of disclosure. It will use that information only for the purposes of the business relationship and disclose it only to people who need it and are subject to appropriate confidentiality obligations.

This obligation does not apply to information that is public through no breach of this Agreement, was lawfully known without restriction, is independently developed, or is lawfully received from another source. A party may disclose confidential information where required by law after giving notice where legally permitted.

7. AI-Generated Outputs and Service Availability

The Service uses artificial intelligence. Visualizations, recommendations and other outputs are estimates and may contain errors. They are not guarantees of exact dimensions, fit, scale, colour, product appearance, compatibility, availability, installation suitability or real-world results.

Customer remains responsible for its product information, prices, inventory, sales representations, warranties, installation requirements and return policies, and will not present VN outputs as guaranteed measurements or professional advice.

The Service may depend on third-party technology and infrastructure. VN does not guarantee uninterrupted or error-free operation.

Except for the express commitments in this Agreement and to the extent permitted by law, the Service is provided “as is” and “as available,” and VN disclaims other warranties that may lawfully be disclaimed.

8. Limitation of Liability

Except where applicable law does not permit the limitation, each party’s total aggregate liability arising out of or relating to this Agreement will not exceed the fees paid or payable by Customer to VN during the 12 months preceding the event giving rise to the claim.

To the extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits or lost data.

Nothing in this Agreement limits liability that cannot lawfully be limited or excluded, including liability arising from gross or intentional fault or for bodily or moral injury where applicable law prohibits such a limitation.

9. Suspension and Termination

VN may suspend access where reasonably necessary to address non-payment, material misuse, security concerns or unlawful activity.

Either party may terminate this Agreement for a material breach that is not cured within 30 days after written notice, where the breach can be cured.

When the Agreement ends, Customer’s right to use the Service ends, Customer will remove the VN integration from its website within a reasonable period, and amounts properly due before termination remain payable. Personal information will be handled in accordance with Section 5 and applicable law.

10. Governing Law and General Terms

This Agreement is governed by the laws of the Province of Québec and the federal laws of Canada applicable there. Subject to applicable law, the parties submit to the courts located in the judicial district of Montréal, Québec.

Where applicable law requires a French version of these Terms to be made available before Customer chooses another language, VN will make that version available as required. After that requirement has been satisfied, the parties may expressly choose to be bound by the English version where permitted by law.

VN may assign this Agreement in connection with a merger, financing, reorganization, acquisition or sale of all or substantially all of the relevant business or assets. Customer may not assign this Agreement without VN’s prior written consent, except as permitted by law.

These Terms and the applicable Order constitute the entire agreement concerning the Service unless a separately signed agreement states otherwise. If any provision is unenforceable, the remaining provisions remain effective. A failure to enforce a provision is not a waiver.

VN may provide notices relating to the Service or this Agreement by email, through the Customer account, or by another reasonable electronic method.

The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, fiduciary, employment or agency relationship.

11. Website Use

Visitors may use visualizenow.com for lawful informational and business purposes.

Visitors may not attempt unauthorized access, interfere with the Site’s security or operation, introduce malicious content, scrape the Site in a manner that materially burdens VN’s systems, or use VN’s name, branding or content in a misleading or infringing manner.

The Site and its content are owned by VN or its licensors and are protected by applicable intellectual-property laws. Third-party links are provided for convenience, and VN is not responsible for third-party sites or services.

Use of personal information through the Site is described in the VisualizeNow Privacy Policy.

12. Changes to These Terms

VN may update these Terms as the Service or legal requirements evolve. If a material change affects an active paid subscription, VN will provide reasonable notice. Where applicable law requires renewed acceptance, VN will request it.