Vizu All Terms and Conditions

March 2020

In a nutshell

Those Terms of services are drafted to specify the way we provide you our service online, that is to say a datavisualisation platform.

Our Terms of services in detail

Introductive & explanatory words

Those Terms of services are drafted to inform you in full details about how Vizuall will provide you with its services, that is to say how we will help you visualise your data in a meaningful way for decision making.

Our Privacy Policy and Legal Mentions respectively set how we process your personal data and provide you with legal information, so that you are in capacity to enforce your rights.

Accountable use of our website

This website is available to all, for personal use, either free of charge for trial version on Google Analytics data, or using a paid service to for a customized datavisualisation service, and subject to compliance with the Terms set out below.

You may only use Vizuall website for legitimate purposes and not use it or misappropriate it for purposes contrary to Fairness, Public Order and collective & individual rights, interests and reasonable expectations.

By principle, you undertake to access the information provided on our website exclusively for personal and non lucrative use.

When you do access our website (and any content thereof), you agree to be bound by these Terms of services and to comply with any applicable laws and regulations.

After reading it through, would you disagree to these Terms of services (or some of its provisions), we kindly ask you to refrain proceeding further on our website, registering. If already signed-in, we suggest you contact us to share your specific observations at email contact@vizuall.fr before signing-off. We will do our utmost to quickly come back to you.

Please, be aware that, by continuing to access Vizuall Content and use our website & services, you will be contractually bound by such Terms, in their effective & updated version.

Also, for the purpose of these Terms of services, the word “Content” means any written text, software or database, graphic or image, photo or video, podcast or digital material or any other information forming part our website.

Registration to Vizuall

Vizuall services are only available if you register first. As a rule, you will have to register to access all Content generated on our website.

If you do register directly with us, without using Google API, we ask you to provide only few mandatory personal information: as described in our Privacy Policy, only your name, a valid e-mail address (and your Vizuall's password), and, where appropriate, your Company, your Company role and telephone number.

Even if obvious for most of you, we remind you that your ID and passwords are confidential, personal and non transferable, and that you are responsible for their management and safekeeping. Any substantial adverse effect or consequence of their misuse would be of your responsibility. This is why you are responsible for taking all reasonable measures necessary for their protection. Based on the latter, Vizuall may not be held liable for any fraudulent use of your credentials.

As suggested when you register, you are fully accountable for taking stock of CNIL's recommendations on the topic. Should your password be compromised, we do not guarantee the security of the information you provide us with against unauthorised or unlawful access or use.

General provisions

Should a provision of these Terms of services be or become illegal, invalid or unenforceable in one country, the latter will not affect the legality, validity or enforceability of any other provision of these Terms of services in France, in Europe or in any other jurisdiction.

Your rights under these Terms of services may be exercised as often as you reasonably deem necessary. We would be grateful that you exercise such rights digitally and in writing (using contact@vizuall.fr).

Any notice or communication in connection with these Terms of services might initially be provided in French or in English. In case of doubt on the meaning of some provisions in other languages, or in case other languages are used (whether such provisions are laid down in these Terms , our Privacy Policy or our Legal Mentions , we invite you, if you can, to check & review the English and French versions. Should there remain any doubt, and under the reservation of Vizuall’s team specific feedback on your comment or request, the French or English translations shall prevail (most specific provisions prevailing on most generic ones). Otherwise, thanks for directly contacting us at contact@vizuall.fr. We will do our best to help you out!

Vizuall , a set of “as is” services

All Content on our website is provided “as is”, “as seen” and “as available”. It means that Vizuall being a free service online, we give no express or implied guarantee (statutory or otherwise) as to satisfactory quality, performance, fitness for purpose in respect of our website or its Content.

Despite our best efforts to provide you a quality service, we do not guarantee, represent or warrant the accuracy, timeliness, completeness, reliability or availability of any information or result obtained on our site. As a crowdsourced & free service for users, we insist on the fact that we do not guarantee our website, or downloads from it, are error-free.

Specifically, we may under no circumstances be held liable for any direct or indirect damage resulting from or subsequent to third-party distribution of a virus by means of our website or for any material or consequential damage (including but not limited to technical failure or data loss). Likewise, no other indirect damage, arising from or associated with the use of our website shall hold us liable.

We make every possible effort to ensure that the information provided on Vizuall is accurate and updated. However, you may encounter incorrect information or omissions (typographic or format errors). Thanks for informing us (contact@vizuall.fr) if you find any such errors, so that we can take all necessary steps to implement relevant corrections.

Availability

Vizuall (along with its team of partners and service providers) makes every reasonable effort to ensure that the information provided on our website is accurate and up-to-date. However, we cannot guarantee that all information remains accessible as completed, or that it has not been modified by a third party (i.e. hacking or viruses). 

You are informed and agree that our website remains accessible 24 hours a day and 7 days a week, except in any event of force majeure, in case of server problems or of problems that would be caused by the telecommunications network infrastructures or by any other technical difficulty. 

Your access to our website may occasionally be suspended or restricted for operational reasons such as maintenance or the introduction of new Content. Should this occur, we will make every effort to notify you in advance and avoid any inconvenience to you.

We cannot be held responsible for delays, operating problems or incompatibility between our website and any file or support you would connect to, the browser or any other programme used in order to access our website.

As most online providers, it is important for us to stress that it is technically unfeasible to provide a fault-free website. But, in the event of a fault, we will attempt to restore Vizuall website as soon as is reasonably feasible.

No liability

Vizuall (and any third party providing Content) can’t be held liable for any loss or costs that would be indirect, special, incidental or exemplary, whether arising from negligence or otherwise. We accept no liability (direct or indirect) in the event of delay, error or omission with regard to the Content and use of our pages and in the event our service would be interrupted or rendered unavailable.

If we are informed of any inaccuracies in our content, we will use reasonable endeavours to correct such inaccuracies, as soon as reasonably feasible.

We will not be held liable for any damage or loss (especially loss of data, alteration of data, or downtime) that may be caused to any equipment or software due to any virus, defect or malfunction in connection with the access or use of our website (whether based on manual access or otherwise).

Your obligations

You must not permit or make any attempt to hack, break down or otherwise interfere with our website.

You must not use our website:

  • to provide false or misleading information about yourself or create a false identity;
  • to gain unauthorised access to other users’ computing systems;
  • to damage, disable, overload or affect the operation of our site in any way;
  • to contravene any licence, code of practice, instructions or guidelines issued by a regulatory authority, third party's rights, or any applicable guidance or policy;
  • to breach any legislation;
  • to threaten or cause any kind of annoyance or inconvenience, needless anxiety or any action that is intended to deceive.
User Generated Content

You will provide data to Vizuall and also may provide Content (i.e Feedbacks, Comments).

You guarantee, represent and warrant that the information you share with us is fair and complies with applicable laws, rules and regulations. In particular:

  • The Data provided to us has to be processed fairly and in due respect of all applicable data protection and security provisions;
  • Any content shared has to be truthful and not defamatory, reliable and accurate;
  • It should not be abusive or deceptive;
  • It should not violate or encroach on the rights of others;
  • It should not contain viruses, corrupt files, worms, Trojan horses or any other forms of corruptive code or content which may compromise or damage Vizuall website and Content;
  • It should not include advertising material or unsolicited  ("spam") material;
  • It should overall respect data protection principles as summarised in Vizuall Privacy Policy.

You hereby agree to indemnify all losses, damages, liabilities and costs in connection with any claim arising out of any breach by you of these Terms of services, or claims arising from your use of our website.

You shall use your best efforts to cooperate with us in the defence of any claim.

If you breach any of the above provisions, we might deny you access to Vizuall website at any time.

We also reserve the right, at our own expense, to get a separate counsel to assume the defence of Vizuall’s community and Vizuall’s interest, and get compensation from you for any breach of those Terms .

Your exchanges with Vizuall

From time to time, Vizuall will invite you to share feedbacks or answer some questions.

If you subscribe to notifications’ services provided by us (for instance to be flagged about new features), if you share comments or otherwise communicate with us through our website or through e-mails provided by us (contact@vizuall.fr), we will further use the contact details you provided us with when communicating with us or when registering (that is to say your e-mail address).

By activating such notifications features, you expressly agree that we use & retain your contact information (your email) and notify you as per your request but also, only if necessary, for the following reasons: requesting clarifications on your requests or comments or sharing substantial updates (i.e. on our features).

Vizuall doesn’t send massive & irrelevant unsolicited e-mails.

You are entitled to set your Privacy choices & preferences in this regard in your Account after reading our Privacy Policy .

Links to External Websites

Using our website, you might be put in capacity to access third parties’ websites (such as social networks) in order to provide increased value to your experience. We provide links to other websites or resources but you access it at your sole discretion.

Obviously, we do not monitor or control external websites and we do not endorse or accept any responsibility for their content or operation (i.e. Instagram, LinkedIn).

Therefore, we insist on the fact that you agree through these Terms to access external websites that we materially cannot take responsibility for, in case of any damage or loss you may suffer (i.e. accessibility hiccups).

Vizuall & Privacy

Our Privacy Policy is e available on link.

You understand that your use of Vizuall services will result in processing your personal data as summarised in our Privacy Policy. The latter sets out the principles on which we will process your personal data. It is drafted in order to meet your reasonable expectations.

By using our website, you are deemed to agree with the Terms of such Privacy Policy (that we drafted bearing in mind your reasonable expectations -and feeling ready to adjust, based on your contributions). Also, by agreeing to be bound by these Terms of services, you agree to be bound by our Privacy Policy.

Additionally, in performing your obligations under these Terms of services, you commit to comply with applicable data protection laws in your country of residence.

Suspension and termination of our services

On your side

If you stop using our service for up to 12 months. Nevertheless, in accordance with the principle of storage limitation, should you not use your Vizuall account for more than 12 months, we may send you a notification before deleting your registration -and any associated information & data- in order to check whether such deletion makes sense to you.

Roughly three weeks after such notification, should your last sign-in on Vizuall go back to roughly 13 months, your account will be deleted by our services. Just because you do not make it clear that your reasonable expectation is to keep a valid account on Vizuall.

On our side

We could also delete your account at our sole discretion, but only in limited & exceptional cases, that is to say in cases we believe that you have:

  • misused Vizuall website (or any part of it) in any way;
  • breached any of the Terms specified in this document.

If we have reasonable beliefs on the fact that such misuse or such breach can cause any harm to Vizuall users or to anyone, after double-checking and in case our exchanges with you do not dissipate such doubts, we might suspend or terminate your access to our website, without notice.

Unless you prove that we were wrong doing so, our team will be under no obligation whatsoever to reinstate your registration.

Indemnity

You will keep harmless, defend and indemnify Vizuall against any claims, losses, costs and liabilities in connection with the use or misuse of our website in breach of those Terms, including any claims by any third party.

Intellectual Property Rights

For the purpose of these Terms of services, “Intellectual Property Rights” designates:

  • database rights and rights in trademarks, designs, know-how and registered or non-registered confidential information, but also, if applicable, copyright and patents;
  • applications for registration (and the right to apply for registration for any of these rights);
  • all other intellectual property rights (or equivalent & similar forms of protection).

Vizuall website is fully subject to French law on copyright, trademarks and, in general, on intellectual property.

Vizuall trademarks & logos on our website -also called “semi-figurative trademarks”- are registered trademarks. By principle, you need a prior express & written authorisation of Vizuall for any full or partial reproduction or representation, alone or together with other elements.

Intellectual Property Rights in the pages of our website and in our Content belong to Vizuall. No individual user acquires, by virtue of their contribution or of their use of our site, any rights, title or interest in Vizuall website.

Our website and its Content is designed to be used, printed or saved for individual or collective personal use and with the view of strengthening Users’ control over their personal data online, individually and collectively. It entails that Vizuall is not designed for Users to copy, modify, distribute, transmit, display, publish, perform, reproduce, license, frame or create any derivative works from Vizuall for commercial or profitable purposes (in whole or in part).

Any re-use for commercial purposes would be submitted to prior & specific written permission, specifically when systematically retrieving Content from Vizuall for commercial purposes (i.e. create or amalgamate, directly or indirectly, a collection, compilation, database or directory -through robots, spiders, automatic devices or manual processes).

Additionally, all Content (text, images, videos, sounds or animations), software, know-how and overall any information displayed on our website, are subject to copyright law (article L 335-2 of Intellectual Property Code).

Should you wish to use some of Vizuall website content (i.e. logo, database, text, image) for any non personal use, you must obtain prior express written authorisation from us, by sending an e-mail to contact@vizuall.fr.

Vizuall’s information and website legal mentions

Legal information about Vizuall is available in our Legal Mentions.

Governing law / Place of jurisdiction

These Terms of services shall be governed by and interpreted in accordance with French law. Vizuall recognises the jurisdiction of the competent courts of Paris, France.

Warning for non-resident in France or in EU

Vizuall is designed for all internet users. However, we understand that the access to our website could be subject to restriction for persons residing in countries other than France or, on a larger scale, other than EU Member States.

If any such local access restriction applies to you, you might not be authorised to access nor use any of Vizuall Content. We would appreciate your feedbacks on such restrictions (contact@vizuall.fr).

Of course, we remain available (contact@vizuall.fr) to adapt our services or promote any change that would help people from any country to better monitor their privacy online, individually and collectively.

Please also note that these Terms of services are based on EU standards requirements and might include legal information specific to one or several countries. Our section on Legal Mentions is designed to address such requirements.

All Vizuall users accessing our service are more than welcome to share information that would help Vizuall team to better advise our community on any applicable legal constraint (contact@vizuall.fr).

Aggregated data, statistics & crowdsourcing

Because of the contents we receive from you, some of which might be incomplete or not entirely correct, or include personal opinions that are based on subjective interpretations of information available at a given time, all the aggregated data we share and related statistics might not necessarily reflect the proper views of Vizuall community, in a strictly speaking scientific understanding.

This is why stats, comments, summaries, opinions and any exploitation of data resulting from the use of Vizuall must be understood as a statement to be reviewed, applying scientific criteria. The liability of Vizuall cannot be engaged for sharing such crowdsourced contents.

Cautionary statement on  Forward-looking statements

Certain statements and Content on Vizuall are forward-looking. These statements and Content (including our priorities, strategy or plans and our individual and collective objectives) depict our deep-seated aspirations & commitments.

Such forward-looking statements (that you can flag with wordings such as “aim at”, “strive to”, “priority”, “make it better”, “help you”, “expect”, “foresee”, “intend”, “so that”, “anticipate”, “assume”, “believe”, “think” or “do our utmost to” and similar expressions, or by future or conditional verbs such as “will”, “should”, “would” and “could”) target known achievements but unknown results and remain submitted to uncertainties and external factors that we quite obviously do not have control on.

Therefore, we urge you to consider that such wordings are aspirational and that Vizuall might achieve results, despite its best efforts, or implement solutions materially different from any projection of results expressed or implied by such statements.

As a crowdsourced website, we cannot commit on the outcome of what we strive to achieve, because it mainly depends on us all.

Consequently, we respectfully ask you not to place undue reliance on forward-looking statements, but to help us accomplish our mission, notably crowdsourcing.

Modification of those Terms

At any time it would be needed to meet new legal frameworks, new regulatory or legal requirements or merely in order to meet Vizuall users’ reasonable expectations, we reserve the right to adapt and amend these Terms of services.

Even if we are under no obligation to inform you about the amendments we carry out regarding those Terms, we will do so in limited but relevant occurrences.

Indeed, from a User point of view, we consider that it is of no added value for you, whether for your interests or for your fundamental rights, to notify you such amendments as far as those stay in line with your reasonable expectations.

Therefore, we may regularly update these Terms complying with the following rules:

  • - If such updates are not likely to go beyond your reasonable expectations or infringe any of your rights, we will not share any pop-up on our website to warn you about such changes but we will systematically share the date of any last update carried out at the Top of our Terms of services;
  • - In case we doubt such is the case, or some updates carried out could be substantial for all or for some Vizuall users, we will share a pop-up on your Homepage so that you flag that our Terms were updated and you can access the most recent version of our Terms of services.

Such Terms will govern the services we provide to you on Vizuall and remain available at all times on our website.

Caveat!

If you keep using our website or our service after we post any changes to these Terms, which might occur periodically, such use constitutes de facto your agreement to those changes.