These Terms of Service ("Terms") govern your access to and use of VisualProof (the "Service"), a product of Agilemaking LLC ("Agilemaking," "we," "us," or "our"). By creating an account or using the Service, you agree to these Terms. If you don't agree, don't use the Service.
1. What VisualProof does
VisualProof lets businesses combine and format their own photos — including before-and-after images — into content for marketing and social media, and provides related account, billing, and export tools.
2. Your account
You need an account to use most of the Service. You're responsible for keeping your login credentials secure and for all activity that happens under your account. Provide accurate information when you sign up, and let us know if you believe your account has been compromised.
3. Subscriptions and billing
Paid plans are billed on a recurring basis (monthly, unless otherwise stated) through Stripe, our payment processor. By subscribing, you authorize us to charge your payment method automatically at the start of each billing period until you cancel. You can cancel anytime from your account's billing portal; cancellation takes effect at the end of the current billing period, and we don't provide refunds for partial periods except where required by law. Prices and plan limits may change with reasonable notice.
4. Your content — and your responsibility for it
You retain ownership of the photos you upload and the content you create with the Service ("Your Content"). We don't claim ownership over it. By uploading Your Content, you grant us a limited license to store, process, and display it solely to provide the Service to you.
You are solely responsible for having the rights and consent needed to upload and use any photo you submit to the Service — including, where applicable, documented consent from any patient, client, or other individual shown in a photo, sufficient for the way you intend to use it (marketing, social media, your website, etc.). This matters in particular for clinics, practices, and similar businesses uploading photos of patients or clients. VisualProof is a tool you use to format and export your own content; we do not verify consent on your behalf, and we are not a party to the relationship between you and the people shown in your photos.
Do not upload content you don't have the rights to use, content that violates someone else's privacy or publicity rights, or content that is unlawful, harmful, or infringing.
5. Acceptable use
Don't use the Service to: violate any law or third-party right; upload content without proper rights or consent; attempt to disrupt, reverse-engineer, or gain unauthorized access to the Service or other users' accounts; or resell or provide the Service to third parties without our written permission.
6. Our intellectual property
The Service itself — including its software, design, branding, and underlying technology — belongs to Agilemaking LLC. These Terms don't grant you any rights to it beyond what's needed to use the Service as intended.
7. Termination
You can stop using the Service and cancel your subscription at any time. We may suspend or terminate accounts that violate these Terms, that we reasonably believe pose a risk to the Service or other users, or for non-payment. Where reasonably possible, we'll try to give notice before doing so.
8. Disclaimers
The Service is provided "as is," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We don't guarantee the Service will be uninterrupted, error-free, or available at all times.
9. Limitation of liability
To the maximum extent permitted by law, Agilemaking LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, revenue, or profits, arising from your use of the Service. Our total liability for any claim relating to the Service will not exceed the amount you paid us in the twelve months before the claim arose.
10. Indemnification
You agree to indemnify and hold Agilemaking LLC harmless from claims, damages, or expenses arising from Your Content, your use of the Service, or your violation of these Terms — including claims related to a lack of proper consent for photos you upload.
11. Governing law
These Terms are governed by the laws of Florida, United States
12. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we'll take reasonable steps to let you know (for example, by email or a notice in the Service). Continuing to use the Service after changes take effect means you accept the updated Terms.
13. Contact
Questions about these Terms? Reach us at help@visualproof.app.