These Vizydrop Terms of Service ("Terms") describe your rights and responsibilities when using our Services and are between you and Targetprocess Cyprus Limited, provider of the Vizydrop Service ("Vizydrop" or "Service(s)"). If you are agreeing to Terms not as an individual but on behalf of your company, then " Customer" or "you" means your company, and you are binding your company to these Terms. Vizydrop may modify Terms from time to time, subject to the Terms in Section 28 (Changes to Terms) below. If you are using Vizydrop as extension to third party Services, such as Trello Power-Up — corresponding Service Terms also apply.
You may need to register for a Vizydrop Service Instance in order to place orders, or to access/receive Service. Any registration information that you provide to us must be accurate, current and complete. You must also update your information so that we may send notices, statements and other information to you by email or through your Service Instance. You are solely responsible for all actions taken through your Service Instance. If your Instance is being set up by someone who is not formally affiliated with an organization, the Customer is the individual creating the Instance. For example, if you signed up using a personal email address and invited a couple of friends to work on some Project, but haven't formed a company yet, then you are the Customer.
If you signed up for Service using your corporate email domain, your organization is the Customer, and the Customer can modify and re-assign roles on your Instance (including your role), and otherwise exercise its rights under the Contract.
"Authorized users" means those uniquely identified individuals who created Service account. You are responsible for compliance with these Terms by all Authorized Users. All use of Service by you and your Authorized Users must comply with these Terms and must be solely for your benefit.
Customer will (a) inform Authorized Users of all Policies and Practices that are relevant to their use of the Services and of any terms and settings that may impact the processing of Customer Data; and (b) ensure the transfer and processing of Customer Data (including Personal) under the Contract is lawful.
Subject to the terms and conditions of these Terms, Vizydrop grants you a non-exclusive right to access and use the Service for unlimited period of time as soon as you don't exceed the usage limits and content limitations (Section 15 "Content limitations") during the applicable Subscription Term (as defined below) in accordance with this document and the Documentation. If Vizydrop offers client software (e.g., a desktop or mobile application or browser add-on) for Service, you may use such software solely with the Service, subject to the terms and conditions of this document. You acknowledge that our Service is an online, subscription-based product and that we may make changes to the Services from time to time.
The following service types are offered:
You must ensure that all Authorized Users keep their user IDs and passwords for the Service strictly confidential and not share such information with any unauthorized person. You are responsible for any and all actions taken using your accounts and passwords, and you agree to immediately notify Vizydrop of any unauthorized use of which you become aware.
Vizydrop will maintain the security of Vizydrop using industry best practices and implements security procedures to help protect Your Data from security attacks. Additional information is available in the Security Notes document. However, you understand that use of the Services necessarily involves transmission of Your Data over networks that are not owned, operated or controlled by us, and we are not responsible for any of Your Data lost, altered, intercepted or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmissions of Your Data will always be secure, or that unauthorized third parties will never be able to defeat our security measures or those of our third-party service providers. If a Non-Vizydrop Product is enabled for Customer Service Instance, please be mindful of any Customer Data that will be shared with the third party provider and the purposes for which the provider requires access. We will not be responsible for any use, disclosure, modification or deletion of Customer Data that is transmitted to, or accessed by, a Non-Vizydrop Product.
"Your Data" means any data, content, code, or other materials of any type that you upload, submit or otherwise transmit to or through the Service. You will retain all rights, title and interest in and for Your Data in the form provided to Vizydrop. Subject to the terms of these Terms, you hereby grant to Vizydrop a non-exclusive, worldwide, royalty-free right to collect, use, copy, store, transmit, modify and create derivative works of Your Data, in each case solely to the extent necessary to provide the Service to you. Vizydrop may also access your account or Instance in order to respond to your support requests. Vizydrop might use aggregated statistics obtained from your data with in each case strictly for internal service improvements purposes and all Customer Data removed from aggregation results.
You will not submit to the Service: (A) any Personal Data, except as necessary for the establishment of your Vizydrop Service Instance and Authorized Users identification; (B) any patient, medical or other protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations; or (C) any other information subject to regulation or protection under specific laws such as the General Data Protection Directive, Gramm-Leach-Bliley Act (or related rules or regulations) ((A) to (C), collectively, "Sensitive Data"). You also acknowledge that Vizydrop is not acting as your Business Associate or subcontractor (as such terms are defined and used in HIPAA) and that the Services are not HIPAA compliant. "HIPAA" means the Health Insurance Portability and Accountability Act, as amended. Notwithstanding any other provision to the contrary, Vizydrop has no liability under these Terms for Sensitive Data.
You will defend, indemnify and hold harmless Vizydrop from and against any loss, cost, liability or damage, including attorneys' fees, for which Vizydrop becomes liable arising from or relating to any claim brought by a third party alleging that Your Data, or your use of the Services in breach of these Terms, infringes or misappropriates the intellectual property rights of a third party or violates applicable law. This indemnification obligation is subject to your receiving (A) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (B) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (C) all reasonable necessary cooperation of Vizydrop at your expense.
There are no storage limits associated except some limitations mentioned in Section 15 "Content limitations". We may impose storage limits for the Service at any time in our discretion, with corresponding notification sent to Customers in advance.
You must ensure that your use of the Service and all Your Data is at all times compliant with all applicable local, state, federal and international laws and regulations ("Laws"). You represent and warrant that: (A) you have obtained all necessary rights, releases and permissions to provide all Your Data to Vizydrop and to grant the rights granted to Vizydrop in these Terms and (B) Your Data and its transfer to and use by Vizydrop as authorized by you under these Terms do not violate any Laws (including without limitation those relating to export control and electronic communications) or rights of any third party, including without limitation any intellectual property rights, rights of privacy and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Other than its security obligations under Section 7 (Security), Vizydrop assumes no responsibility or liability for Your Data, and you shall be solely responsible for Your Data and the consequences of using, disclosing, storing and transmitting it.
Vizydrop has no obligation to monitor any content uploaded to the Services. Nonetheless, if we deem such action necessary based on your violation of these Terms or in response to takedown requests that we receive from law enforcement agencies, we may (A) remove Your Data from the Service or (B) suspend your access to the Service. We will generally alert you in advance when we take such action and give you a reasonable opportunity and time to cure your breach, but if we determine that your actions negatively affect the operation of the Service or other Service Instances, we may suspend your access immediately without notice. You will continue to be charged for the Service during any suspension period. We have no liability to you for removing or deleting Your Data from or suspending your access to any Service as described in this section.
We will remove or delete Your Data within a reasonable period of time after the termination of your Paid Service. Most of the data is removed in 6 months after your Instance suspension or subscription Term termination. Limited amount of Personal Data (such as Instance Owner Personal Data) will be kept for compliance and accounting reasons for longer period of time — typically up to 6 years.
Currently we do not impose time limits on data storage for the Free Service accounts. We may impose time limits on data storage for the Free Service at any time in our discretion, with corresponding notification sent to Customers in advance.
Vizydrop provides various levels of Technical Support depending on your service type:
The comparison table below includes general details about Technical Support levels:
|Feature||Description||Basic support||Standard support|
|Reply SLA for general requests||For general questions about product usage and account-specific issues||no SLA||24 hours, Monday to Friday|
|Requests priority||Order of Requests processing by support staff||low||high|
Service users shall submit any issues or questions via Feedback form available in the Service UI. Other Technical Support contacts are:
Planned maintenance — we perform planned maintenance reboots of our servers on a bi-weekly or less often depending on the patches and fixes release schedules from OS and hardware vendors. Planned maintenance is performed on weekends. Typical downtime associated with planned maintenance is 10-20 minutes.
Training service is paid and available upon request. Vizydrop shall retain all rights, title and interest in and to any materials, deliverables, modifications, derivative works or developments related to any training services we provide ("Materials"). Any Materials provided to you may be used only in connection with the Service subject to the same use restrictions for the Service. If applicable, you will reimburse Vizydrop for reasonable travel and lodging expenses as incurred.
There are following content limitations imposed by the Service in addition to mentioned in Section 8.1. "Sensitive Data". Limitations apply depending on your Service type:
|Description||Free Service||Paid Service|
|Number of reports / data drops||1 (limit of 3 reports will be left intact where already applied)||Unlimited|
|Number of records in single data drop||Few hundred thousand||Unlimited, but recommended to be within hundreds of thousand for best report performance|
You agree to pay all fees in accordance with each Order. Unless otherwise specified in your Order, you will pay all amounts in U.S. dollars at the time you place your Order. Other than as expressly set forth in Section 16.2 (Refunds) all amounts are non-refundable, non-cancelable and non-creditable. In making payments, you acknowledge that you are not relying on future availability of any Service beyond the current Subscription Term or any Service updates or enhancements. If you add more Authorized Users than there are paid in your Subscription Term — Service will switch to read-only mode until you remove or deactivate redundant Authorized Users or order additional users licenses. Additional users licenses may be applied to your Instance before receiving cleared payment upon request via the Sales department You agree that we may bill your credit card for renewals, additional users, and unpaid fees, as applicable.
As part of our commitment to customer satisfaction we allow new customers to receive a refund of initial payment for Service within 30 days of payment for any reason or no reason. In the context of Service, a return means that we will disable access to the Service. We will not accept returns after the 30-day return period. You understand that Vizydrop may change this practice in the future in accordance with Section 28 (Changes to these Terms). You will not be entitled to any refunds for prepaid but unused long-term ( 6 or 12 months) Service subscriptions.
We will deliver the applicable login instructions to the email addresses specified in your Order when we have received payment of the applicable fees and apply license keys to the corresponding Instance. All deliveries under these Terms will be electronic.
Your payments under these Terms exclude any taxes or duties payable in respect of the Service in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by Vizydrop, you must pay to Vizydrop the amount of such taxes or duties in addition to any fees owed under these Terms. Notwithstanding the foregoing, you may have obtained an exemption from relevant taxes or duties as of the time such taxes or duties are levied or assessed. In that case, you will have the right to provide to Vizydrop any such exemption information, and Vizydrop will use reasonable efforts to provide such invoicing documents as may enable you to obtain a refund or credit for the amount so paid from any relevant revenue authority if such a refund or credit is available.
Except as otherwise expressly permitted in these Terms, you will not: (A) rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sublicense, or transfer Service to a third party that is not your affiliate, (B)circumvent mechanisms in the Service intended to limit your use, (C) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Services, except as permitted by law.
Vizydrop may periodically publish SDKs or APIs and associated guidelines ("Developer Guides") to allow you to develop add-ons or other software products or services that interoperate or are integrated with the Service ("Add-Ons"). Most recent version can be found at https://dev.vizydrop.com/
You may distribute your Add-Ons to third parties but only in accordance with the Developer Guides.
Notwithstanding anything in these Terms to the contrary, Vizydrop has no support, warranty, indemnification or other obligation or liability with respect to your Add-Ons or their combination, interaction or use with the Service. You shall indemnify, defend and hold us harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim brought against us by a third party relating to your Add-Ons (including but not limited to any representations or warranties you make about your Add-Ons) or your breach of this Section. If a non-Vizydrop Service is connected to Customer’s Instance, please be mindful of any Customer Data that will be shared with external service We will not be responsible for any use, disclosure, modification or deletion of Data that is transmitted to, or accessed by, a non-Vizydrop Service.
Service is available on a limited license or access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as "purchase". Vizydrop and its licensors have and retain all rights, title and interest, including all intellectual property rights, in and to the Service, any and all related or underlying technology, and any modifications or derivative works of the foregoing created by or for Vizydrop. You're welcome to submit comments, information, questions, ideas, description of processes, or other information to Vizydrop, including sharing Your Modifications via "Feedback". Vizydrop will implement suggested features as appropriate and answer the questions without SLA commitments. Vizydrop may in connection with any of its products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. Except as otherwise set forth in other Agreements, no Feedback will be considered your Confidential Information, and nothing in these Terms limits Vizydrop's right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
Except as otherwise set forth in these Terms, each party agrees that all code, inventions, know-how, business, technical and financial information disclosed to such party ("Receiving Party") by the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party ("Confidential Information"), provided that it is identified as confidential at the time of disclosure or would be understood to be confidential by a reasonable person under the circumstances. Any Vizydrop Technology relating to the Service shall be deemed Confidential Information of Vizydrop without any marking or further designation. Your Data will be deemed Your Confidential Information. Except as expressly authorized herein, the Receiving Party will hold in confidence and not use or disclose any Confidential Information. The Receiving Party's non-disclosure obligation shall not apply to information which the Receiving Party can document: (A) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (B) is or has become public knowledge through no fault of the Receiving Party; (C) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (D) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party shall be entitled to appropriate equitable relief in addition to whatever other remedies it might have by law. For the avoidance of doubt, this Section shall not operate as a separate warranty with respect to the operation of the Service.
These Terms are in effect for as long as you have a valid Subscription Term (the "Term"), unless sooner terminated as permitted in these Terms. Either party may terminate these Terms before the expiration of the Term if the other party materially breaches any of the terms of these Terms and does not cure the breach within thirty (30) days after written notice of the breach. Either party may also terminate the Agreement before the expiration of the Term if the other party ceases to operate, declares bankruptcy, or becomes insolvent or otherwise unable to meet its financial obligations. You may terminate these Terms at any time with notice to Vizydrop, but you will not be entitled to any credits or refunds as a result of convenience termination for prepaid but unused Service subscriptions, or Support. Except where an exclusive remedy may be specified in these Terms, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms, by law, or otherwise. Once the Agreement terminates, you will no longer have any right to use or access the Service, or any information or materials that we make available to you under these Terms, including Vizydrop Confidential Information. You are required to delete any of the foregoing from your systems as applicable (including any third-party systems operated on your behalf) and provide written certification to us that you have done so at our request. The following provisions will survive any termination or expiration of these Terms: Sections 8.2(Indemnity for Your Data), 16(Payment) ( Refunds only), 17(Restrictions), 18(Your Development of Add-Ons), 19(Ownership and Feedback), 20(Confidentiality), 21(Term and Termination), 22.2(Warranty Disclaimer), 23(Limitation of Liability), 27(Dispute Resolution).
Each party represents and warrants that it has the legal power and authority to enter into these Terms, and that, if you are an entity, these Terms and each Order is entered into by an employee or agent of such party with all necessary authority to bind such party to the terms and conditions of this Document.
ALL SERVICES ARE PROVIDED "AS IS," AND VIZYDROP AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. VIZYDROP SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF VIZYDROP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER VIZYDROP NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY SERVICES OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE SERVICES OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE SERVICES(OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE SERVICES (OR ANY SERVER(S) THAT MAKE A SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER PARTY (NOR ITS SUPPLIERS) SHALL BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NEITHER PARTY'S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR SERVICE AND SUPPORT AND MAINTENANCE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, OUR AGGREGATE LIABILITY TO YOU IN RESPECT OF FREE SERVICE SHALL BE US $20. THIS SECTION 22 (LIMITATION OF LIABILITY) SHALL NOT APPLY TO (1) AMOUNTS OWED BY YOU UNDER ANY ORDERS, (2) EITHER PARTY'S EXPRESS INDEMNIFICATION OBLIGATIONS IN THESE TERMS, OR (3) YOUR BREACH OF SECTION 16 (RESTRICTIONS). TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO SUPPLIERS OF ANY THIRD- PARTY COMPONENTS INCLUDED IN THE PRODUCTS WILL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER. The parties agree that the limitations specified in this Section 22 (Limitation of Liability) will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
The limitations under this "Limitation of Liability" section apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by applicable laws. The provisions of this "Limitation of Liability" section allocate the risks under this Contract between the parties, and the parties have relied on these limitations in determining whether to enter into this Contract and the pricing for the Services.
We will defend you against any claim brought against you by a third party alleging that a Service, when used as authorized under these Terms, infringes a third party intellectual property (a "Claim"), and we will indemnify you and hold you harmless against any damages and costs finally awarded by a court of competent jurisdiction or agreed to settlement by Vizydrop (including reasonable attorneys' fees) arising out of a Claim, provided that we have received from you: (A) prompt written notice of the claim (but in any event notice in sufficient time for us to respond without prejudice); (B) reasonable assistance in the defense and investigation of the claim, including providing us a copy of the claim and all relevant evidence in your possession, custody or control; and (C) the exclusive right to control and direct the investigation, defense, and settlement (if applicable) of the claim. If your use of a Service is (or in our opinion is likely to be) enjoined, if required by settlement, or if we determine such actions are reasonably necessary to avoid material liability, we may, at our option and in our discretion: (I) procure a license for your continued use of the Service in accordance with these Terms; (II) substitute a substantially functionally similar Service; or (III) terminate your right to continue using the Service and refund any prepaid amounts for the terminated portion of the Subscription Term. Vizydrop indemnification obligations above do not apply: (1) if the total aggregate fees received by Vizydrop with respect to your subscription to Service in the 12 month period immediately preceding the claim is less than US $50,000; (2) if the Service is modified by any party other than Vizydrop without Vizydrop's permission, but solely to the extent the alleged infringement is caused by such modification; (3) if the Service is used in combination with any non-Vizydrop product not provided for in the Documentation, software or equipment, but solely to the extent the alleged infringement is caused by such combination; (4) to unauthorized use of Service; (5) to any Claim arising as a result of (M) Your Data (or circumstances covered by your indemnification obligations in Section 8.2 (Indemnity for Your Data)) or (N) any third-party deliverables or components contained with the Service; (5) to any unsupported release of the Software; or (6) if you settle or make any admissions with respect to a claim without Vizydrop's prior written consent. THIS SECTION 23 (IP INDEMNIFICATION BY VIZYDROP) STATES OUR SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH ANY SERVICE OR OTHER ITEMS PROVIDED BY VIZYDROP UNDER THESE TERMS.
Vizydrop or third parties may from time to time make available to you third-party products or services, including but not limited to Connectors and Add-ons as well as implementation, customization, training, and other consulting services. If you procure any of these third-party products or services, you do so under a separate agreement (and exchange of data) solely between you and the third party vendor. Vizydrop does not warrant or support non-Vizydrop products or services, whether or not they are designated by Vizydrop as "verified" or otherwise and disclaims all liability for such products or services. If you install or enable any third-party products or services for use with Vizydrop products, you acknowledge that the vendors of those products and services may access Your Data as required for the interoperation and support of such Add-ons with the Vizydrop Service. Vizydrop shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party add-on vendors.
We may identify you as an Vizydrop customer in our promotional materials only after receiving immediate approval from an authorized representative. You may request that we stop identifying you by contacting the Support or Sales departments at any time. Please note that it may take us up to 5 days to process your request.
In the event of any controversy or claim arising out of or relating to these Terms, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of 60 days, any unresolved controversy or claim arising out of or relating to these Terms shall proceed to binding arbitration under the Rules of Arbitration of the International Chamber of Commerce. The parties shall seek to mutually appoint an arbitrator. If the parties cannot agree on a single arbitrator, then there shall be three (3) arbitrators: one selected by each party, and a third selected by the first two. Arbitration will take place in one of the following cities as mutually agreed upon between the parties: Nicosia (Cyprus) or Buffalo, NY (USA). If the parties are unable to agree to one of these cities, then the arbitration shall proceed in Nicosia, Cyprus. All negotiations and arbitration proceedings pursuant to this Section will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions. The language of the arbitration shall be English.
These Terms will be governed by and construed in accordance with the applicable laws of the Cyprus, without giving effect to the principles of that State relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit or proceeding that is not otherwise subject to the arbitration provisions of Section 27.1 (Dispute Resolution; Arbitration) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of the courts of Cyprus, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts of Cyprus, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party. Notwithstanding the foregoing, Vizydrop may bring a claim for equitable relief in any court with proper jurisdiction.
Notwithstanding the provisions of Section 27.1 (Dispute Resolution; Arbitration), nothing in these Terms shall prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.
We may update or modify these Terms from time to time, including any referenced policies and other documents. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you (for example, by sending an email to email address you've specified when registering account, posting on our blog or through your Vizydrop Service Space). If we modify the Terms during your Subscription Term, the modified version will be effective upon your next renewal of Subscription Term, as applicable. In this case, if you object to the updated Terms, as your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew. With respect to Free service, accepting the updated Terms is mandatory for you to continue using the Service. You may be required to click through the updated Terms to show your acceptance. If you do not agree to the updated Terms after it becomes effective, you will no longer have a right to use Free service. For the avoidance of doubt, any Order is subject to the version of the Terms Agreement in effect at the time of the Order.