Terms of Service

1. Acceptance of Terms

By accessing or using Visibu (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms, together with our Privacy Policy, form the complete agreement between you and Visibu ("Company," "we," "us," "our") regarding your use of the Service. If there is a conflict between these Terms and our Privacy Policy, the Privacy Policy controls regarding data handling.

We reserve the right to modify these Terms at any time. Changes become effective 30 days after posting. Continued use of the Service after such notice means you accept the updated Terms. For material changes affecting your data rights, we will provide explicit notice and require your acceptance before the change takes effect.

2. Service Description

Visibu is a software-as-a-service (SaaS) platform that reads email from your connected Gmail accounts and converts email communication into a structured project timeline view. The Service is designed for construction business owners and their teams to gain operational visibility without requiring team members to change their email behavior.

What We Provide:

• Access to a web application and mobile app for viewing project timelines
• Automated email analysis and project categorization
• Email search and filtering within your projects
• Team member access controls and project sharing
• Support via email and our help center

What We Do Not Provide:

• Email hosting or mailbox storage (your emails remain in Gmail)
• Email composition, sending, or modification tools
• Guaranteed email delivery or deliverability assurance
• Real-time chat or voice communication
• Accounting, payroll, or financial transaction processing

3. Eligibility & Accounts

Who Can Use Visibu:

You may use the Service only if you:

• Are at least 18 years old (or the age of majority in your jurisdiction)
• Have the legal authority to enter into this agreement
• Own or have permission to connect the Gmail accounts you authorize
• Are not located in, and not a resident of, a country subject to U.S. embargo
• Are not on the U.S. Office of Foreign Assets Control (OFAC) list
• Are not prohibited by law from using the Service

Account Creation & Responsibility:

To use Visibu, you create an account by connecting your Google Account via OAuth 2.0. You are responsible for:

• Keeping your account login credentials secure
• Maintaining the confidentiality of your API keys and access tokens
• Notifying us immediately if you suspect unauthorized access to your account
• Any activity that occurs under your account, whether authorized or not

You may not share your account credentials with others. If you invite team members to Visibu, ensure they understand and agree to these Terms independently.

4. License & Access Rights

License Grant:

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes.

Scope of License:

Your license is limited to:

• A single organization (as defined by the email domain or workspace you connect)
• The number of team members you specify in your subscription plan
• Use within the geographic jurisdiction where the Service is legally available
• Use in accordance with these Terms and all applicable laws

You may not, without our written consent:

• Lease, loan, sell, resell, or license the Service to third parties
• Sublicense or transfer your rights to another organization
• Use the Service to provide services to other companies (i.e., create a competing product)
• Remove, alter, or obscure any proprietary notices, labels, or marks

5. User Responsibilities

You agree to use the Service in compliance with all applicable laws and regulations. You are responsible for:

• Accuracy of Information: Providing accurate information when connecting your Gmail accounts and setting up your profile
• Lawful Use: Using the Service only for lawful purposes and in compliance with these Terms
• Authorization: Ensuring you have the authority to connect Gmail accounts and share project data with team members
• Data Integrity: Maintaining regular backups of any project data you create within Visibu (we are not a backup service)
• Compliance: Complying with your organization's privacy policies and data handling regulations

6. Prohibited Uses

You agree not to, and not to permit others to:

• Violate Laws: Use the Service to violate any applicable law, regulation, or third-party right
• Unauthorized Access: Attempt to gain unauthorized access to the Service, other accounts, or our systems
• Reverse Engineering: Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying algorithms of the Service
• Harm the Service: Introduce viruses, malware, trojans, or other harmful code into the Service
• Interfere with Operations: Interfere with, disrupt, or create an undue burden on the Service or networks connected to it
• Spam or Harassment: Use the Service to send unsolicited messages, spam, phishing attempts, or harassment to other users
• Illegal Activity: Use the Service to facilitate illegal activity, including fraud, money laundering, or identity theft
• Scraping: Scrape, crawl, or use automated tools to extract data from the Service without authorization
• Misrepresentation: Misrepresent your identity or affiliation with any person or organization
• Violate IP Rights: Infringe on our intellectual property rights or the intellectual property rights of others
• Abuse Gmail Access: Use our Gmail access to surveil, stalk, or harass other individuals
• Commercial Use: Use the Service to build a competing product or service (unless licensed to do so)

Violation of any prohibited use may result in immediate termination of your account, without refund, and potential legal action.

7. Data Ownership & License

Ownership of Gmail Data:

You retain all ownership rights to the email messages in your Gmail accounts. Visibu does not claim ownership of your Gmail messages. When you connect your Gmail accounts to Visibu, you grant us permission to read and analyze your email content to provide the Service, as described in our Privacy Policy.

Ownership of Project Data:

You retain all ownership of any project names, descriptions, settings, or other data you create directly within Visibu (not including Gmail email content). You grant us a license to store, process, and display this data to provide and improve the Service.

Our License to Your Data:

By using Visibu, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to:

• Read, analyze, and process your email content to categorize emails into projects
• Store extracted metadata and insights derived from your email
• Improve Visibu's project classification and AI features based on aggregated, anonymized data patterns (not your specific emails)
• Display your emails and project data to authorized users within your organization

We do not have the right to:

• Share your email content with third parties without your explicit consent
• Use your email content for advertising or marketing
• Train third-party AI models on your email content
• Sell your data to data brokers or other commercial entities

8. Third-Party Services & APIs

Visibu relies on third-party services to operate. Your use of Visibu is also subject to:

Google Gmail API & OAuth:

Google's API Terms of Service and Google's Privacy Policy govern our access to your Gmail account. You agree that:

• You understand Visibu accesses Gmail via Google's official APIs
• You can revoke Visibu's access at any time via your Google Account settings
• Google's terms regarding Gmail access and data security apply

Other Third-Party Services:

• Anthropic Claude API: For AI-driven email analysis and project classification
• Modal: For serverless compute infrastructure
• Railway: For application hosting and data storage

These services are bound by their own terms of service and privacy policies. A brief description of how each uses your data is available in our Privacy Policy.

Important: We are not responsible for the acts, omissions, or failures of third-party services. If a third-party service fails, we will work to restore service as quickly as possible, but we are not liable for damages caused by third-party outages.

9. Subscription, Billing & Pricing

Subscription Plans:

Visibu offers subscription plans at various price points. Pricing and features are displayed at checkout before you complete payment.

Billing Cycle:

• Billing occurs monthly, quarterly, or annually, based on your selected plan
• Payment is due in advance, at the beginning of each billing period
• We accept major credit cards and other payment methods displayed at checkout

Payment & Late Payments:

• If a payment fails, we will notify you and give you a grace period to update your payment method
• If payment is not received within 14 days of failure, we may suspend your account
• You are responsible for all taxes associated with your subscription (unless you provide a valid tax exemption certificate)

Refunds & Cancellation:

Subscription billing is non-refundable. You may cancel your subscription at any time, effective at the end of your current billing period. If you cancel mid-cycle, you are not entitled to a refund for the unused portion of your subscription.

Upon cancellation, your account will remain accessible until the end of your paid period, at which point we will delete your data per our Privacy Policy.

Price Changes:

We may change our pricing with 30 days' notice. The new price will take effect at the start of your next billing cycle. If you do not accept the new pricing, you may cancel your subscription during the notice period.

10. Warranties & Disclaimers

AS-IS Service:

The Service is provided "AS IS" and "AS AVAILABLE" without any warranties of any kind, express or implied. We disclaim all warranties, including:

• Any warranty that the Service will be uninterrupted, error-free, or completely secure
• Any warranty that the Service meets your specific business requirements
• Any warranty regarding the accuracy, completeness, or timeliness of the Service
• Any warranty that the Service will help your business succeed

Use at Your Own Risk:

Your use of the Service is at your sole risk. You are responsible for:

• Evaluating whether the Service is suitable for your needs before committing to a paid plan
• Maintaining backups of any data you consider critical
• Understanding that email analysis is performed by AI and may not be 100% accurate

Third-Party Content:

Visibu displays your email content as-is. We are not responsible for the accuracy, legality, or appropriateness of content in your Gmail account. You are responsible for reviewing and managing your own email.

11. Limitation of Liability

Liability Cap:

To the fullest extent permitted by law, our total liability to you for any claim arising from or related to these Terms or the Service shall not exceed the total amount paid by you to Visibu in the 12 months immediately preceding the claim (or $100, whichever is greater).

Excluded Damages:

In no event shall Visibu be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including:

• Loss of revenue or profits
• Loss of business opportunity or goodwill
• Loss of use, data, or business interruption
• Any other damages arising from loss of data, email, or project information

This limitation applies even if we have been advised of the possibility of such damages.

Basis of Warranty Disclaimer & Limitation:

You acknowledge that the liability limitations in this section are essential terms of these Terms, and that we would not provide the Service without them.

12. Indemnification

You agree to indemnify, defend, and hold harmless Visibu and its officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service in violation of these Terms
• Your use of the Service to violate any law or the rights of third parties
• Content in your Gmail account or data you create within Visibu
• Your breach of any representation, warranty, or covenant in these Terms
• Claims that data in your Gmail account infringes third-party intellectual property rights

You will not settle any claim without our prior written consent (not to be unreasonably withheld).

13. Termination

Termination by You:

You may terminate your account and subscription at any time by:

• Accessing Settings → Account and clicking "Delete Account"

Account deletion is permanent and cannot be reversed. Deletion begins immediately once you confirm the action, and all associated project data is removed per our Privacy Policy.

Termination by Us:

We may terminate your account or suspend your access to the Service immediately if:

• You violate any provision of these Terms or our Privacy Policy
• You use the Service for prohibited purposes
• Your account is used for illegal activity
• You fail to pay your subscription fees and do not cure the breach within 14 days of notice
• We believe, in our sole discretion, that your use poses a security or legal risk

Termination for cause is immediate and without refund. We will make reasonable efforts to notify you, but the lack of notice does not invalidate the termination.

Effect of Termination:

Upon termination:

• Your right to use the Service ends immediately
• Your account and all project data enter deletion immediately after confirmation (see Privacy Policy for details)
• Any outstanding payment obligations remain due
• Sections that survive termination (Limitation of Liability, Indemnification, Intellectual Property, Governing Law) continue to apply

14. Modifications to the Service

We may modify, suspend, or discontinue any feature of the Service at any time with 30 days' notice. Modifications may include:

• Adding or removing features
• Changing pricing or subscription tiers
• Modifying the user interface or user experience
• Discontinuing the Service entirely

If we discontinue the Service, we will provide at least 60 days' notice and will delete your data per our Privacy Policy. We are not liable for any damages caused by modifications to or discontinuation of the Service.

15. Intellectual Property

Visibu's IP Rights:

We retain all right, title, and interest in the Service, including:

• The Visibu software, code, algorithms, and infrastructure
• Visibu trademarks, logos, and branding
• All patents, copyrights, and trade secrets related to the Service
• Improvements or enhancements to the Service, whether suggested by users or developed by us

These intellectual property rights are protected by law and are not transferred to you by these Terms. You may not use Visibu's intellectual property without our written permission.

Use of Your Feedback:

If you submit feedback, suggestions, or ideas about the Service, we may use them freely without obligation or compensation to you. You grant us a worldwide, irrevocable, royalty-free license to use your feedback.

User Content:

You grant us a license to display, analyze, and process any content you create within Visibu (project names, descriptions, settings, etc.) and any email content you permit us to access. We use this license solely to provide the Service and improve our features.

16. Governing Law & Dispute Resolution

Governing Law:

These Terms and any disputes arising from them are governed by the laws of California, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in California.

Dispute Resolution:

Before pursuing legal action, we encourage you to contact us at milo@visibu.app to attempt to resolve any dispute. If informal resolution fails, you agree to attempt mediation in good faith before initiating legal proceedings.

Arbitration Clause (If Applicable in Your Jurisdiction):

In jurisdictions where permitted, you and Visibu agree to resolve disputes through binding arbitration rather than court litigation. Arbitration will be conducted under the rules of the American Arbitration Association (AAA). Each party bears its own costs, and the arbitrator's decision is binding and enforceable.

17. General Provisions

Entire Agreement:

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Visibu regarding the Service. All prior agreements and understandings are superseded.

Severability:

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it will be severed. The remaining provisions will remain in full force and effect.

No Waiver:

Failure by us to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver is effective unless it is in writing and signed by an authorized representative of Visibu.

Assignment:

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms to any successor or affiliate without notice to you.

Notices:

We may notify you of changes to these Terms or the Service by email, posting on our website, or by any other legally sufficient means. You agree that these methods of notification satisfy any legal requirement for notice.

Relationship:

Nothing in these Terms creates a partnership, joint venture, agency, employment, or confidentiality relationship between you and Visibu. You are not authorized to represent Visibu or enter into agreements on our behalf.

Survival:

Sections that by their nature survive termination (Limitation of Liability, Indemnification, Intellectual Property, Governing Law, etc.) will continue to apply after your account is terminated or these Terms expire.

Force Majeure:

We are not liable for any failure to perform our obligations if caused by circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemic, or force majeure events. We will resume performance as soon as reasonably practicable.

Contact Us:

If you have questions about these Terms, please contact us:

Email: milo@visibu.app

By using Visibu, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, do not use the Service.