1. The Services
Vizboxx designs, builds, and hosts interactive 3D product configurators that let businesses (“Clients”) show customizable products to their customers (“End Users”). Custom projects may also be governed by a separate proposal, statement of work, or service agreement (“Client Agreement”). If a Client Agreement conflicts with these Terms, the Client Agreement controls for that project.
2. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Services. The Services are intended for business use.
3. Accounts
If you create an account, you must provide accurate information and keep your login credentials confidential. You are responsible for all activity under your account. Tell us promptly at [email protected] if you suspect unauthorized access.
4. Client Content
“Client Content” means product images, 3D models, textures, logos, brand assets, pricing, specifications, and other materials you provide to us.
- You keep all ownership rights in your Client Content.
- You grant Vizboxx a non-exclusive, worldwide, royalty-free license to use, copy, modify, and display Client Content only as needed to build, host, maintain, and support your configurator.
- You confirm that you own or have the rights to all Client Content, and that it does not infringe anyone else’s rights or break any law.
- Unless you tell us otherwise in writing, we may show your configurator (without confidential information) in our portfolio, case studies, and marketing materials.
5. Our Intellectual Property
The Site, our software, configurator engine, source code, tools, templates, and documentation, along with all improvements to them, belong to Vizboxx or its licensors and are protected by intellectual property laws. Except as stated in a Client Agreement, you receive only a limited, non-exclusive, non-transferable right to use the Services during your subscription or engagement. Final deliverables and any transfer of rights are defined in your Client Agreement.
6. Acceptable Use
You agree not to:
- Use the Services for any unlawful, harmful, or fraudulent purpose
- Upload content that is infringing, defamatory, obscene, or malicious
- Copy, reverse engineer, decompile, or attempt to extract source code from the Services, except where the law allows
- Resell, sublicense, or provide the Services to third parties without our written permission
- Interfere with or disrupt the Services, or attempt to gain unauthorized access to our systems
- Use bots, scrapers, or automated tools to access the Site without permission
- Use the Services to build a competing product
Clients who offer regulated products (for example, firearms or motor vehicles) are solely responsible for complying with all laws that apply to selling and advertising those products.
7. Fees and Payment
Fees, billing schedules, and payment terms are set out in your quote, Client Agreement, or subscription plan. Unless stated otherwise:
- Fees are in US dollars and exclude taxes, which you are responsible for.
- Invoices are due within 15 days of the invoice date.
- We may suspend the Services if payments are overdue.
- Fees paid are non-refundable, except as required by law or stated in your Client Agreement.
- Subscriptions renew automatically unless cancelled before the renewal date.
8. Hosting and Availability
We aim to keep hosted configurators available and performing well but do not guarantee uninterrupted or error-free operation. Scheduled maintenance, third-party outages (such as hosting or CDN providers), and events outside our control may affect availability. Any service-level commitments apply only if they are included in your Client Agreement.
9. End Users
When a configurator is embedded on your website, you are responsible for your relationship with your End Users, including your own terms of sale, privacy policy, pricing, order fulfillment, and product accuracy. Configurator visuals are representations and may differ from the physical product in color, material, or finish.
10. Confidentiality
Each party will protect the other’s non-public business, technical, and financial information with reasonable care and use it only to perform under these Terms. This does not apply to information that is public, already known, independently developed, or legally required to be disclosed.
11. Third-Party Services
The Services may rely on or link to third-party services such as hosting, analytics, payment processors, and social platforms. We are not responsible for third-party services, and your use of them is governed by their terms.
12. Disclaimers
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, VIZBOXX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL INCREASE SALES OR MEET ANY PARTICULAR BUSINESS RESULT.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, VIZBOXX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
14. Indemnification
You agree to defend, indemnify, and hold harmless Vizboxx and its officers, employees, and contractors from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your Client Content, your products, your use of the Services, or your violation of these Terms or any law.
15. Suspension and Termination
We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Services in a way that creates legal or security risk. You may stop using the Services at any time, subject to any commitments in your Client Agreement. On termination, your right to use the Services ends. We will make your Client Content available for export for 30 days, after which we may delete it. Sections that by their nature should survive (including ownership, payment, disclaimers, liability, and indemnification) will survive termination.
16. Governing Law and Disputes
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-law rules. Any dispute will be resolved exclusively in the state or federal courts located in Hillsborough County, Florida, and both parties consent to that jurisdiction. Before filing any claim, each party agrees to try to resolve the dispute informally for at least 30 days.
17. Changes to These Terms
We may update these Terms from time to time. Changes take effect when posted with a new “Last updated” date. If you continue using the Services after changes are posted, you accept the revised Terms.
18. General
These Terms, together with our Privacy Policy, Cookie Policy, and any Client Agreement, form the entire agreement between you and Vizboxx. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent. We may assign them in connection with a merger or sale of our business. Neither party is liable for delays caused by events beyond its reasonable control.