Terms and Conditions

Last update: Mai 23rd, 2018

General

VisibleImpact is a product of Visible Solutions AG. These Terms and Conditions form a contract between you and Visible Solutions AG ("Visible Solutions", "we" or "us"), headquartered in Switzerland (UID number CHE-394.626.036).

These Terms and Conditions regulate your access and use of the VisibleImpact products and services (collectively called the "Service"). These include:

Modifications

We may change these Terms and Conditions from time to time due to changes in our Service or the laws that apply to you or us. We will notify you by revising the "Last update" date on top of this page. If you have a registered profile, we may (but are not required to) provide you a notice through email or through a message on the website.

By accessing our Service (manually or through automated means), you agree to be bound to the most recent revision of our Terms and Conditions. If we do update the Terms and Conditions and you do not agree with the changes, you need to stop using the Service.

Use of the Service

By accessing or using the Service you are bound to the most recent version of our Terms and Conditions. If you are using the Service in the name or on behalf of an organisation, team or other entity (collectively referred as "Organisation"), you are agreeing on these Terms and Conditions on behalf of that Organisation. You warrant that you have the authority to represent and bind the Organisation to these Terms and Conditions. In that case, "you" and "your" in these Terms and Conditions refers to you and that Organisation. If you do not agree with these Terms and Conditions or do not have the authority to agree to them on behalf of your Organisation, you must not use the Service.

You must comply with these Terms and Conditions and all applicable local, state, national, international and other rules, laws and regulations. You can only use the Service if you are over 18 years of age. The Service might change and evolve in the future. We will refine, add or remove features to the Service without required prior notice to you. All changes and additions will be subject to these Terms and Conditions. In addition, Visible Solutions may temporarily or permanently stop providing the Service, or any feature or tool within the Service without the need to provide prior notice or giving reasons for doing so.

Acceptable use of the Service

We trust you to use our Service responsibly. You agree to not misuse the Service. Misuse of the Service includes, but is not limited to the following::

  • Post, upload or share photos, videos, ideas, designs, graphics, documents and other information and material that violates any applicable law, right or contractual obligation. This includes but is not restricted to intellectual property laws and right of data privacy.
  • Use the Service for unlawful purposes or for illegal activities.
  • Provide false personal information, impersonate others or act on behalf of other individuals or Organisations you are not affiliated with or do not have permission, authority or right to represent.
  • Post, upload or share critical information such as personally identifiable information without express consent, authorization and permission.
  • Post, upload or share malicious content such as viruses, spyware, malicious or harmful code, flooding, spamming or damaging the Service or any third-party in any other means.
  • Test the vulnerability of any network or system, breach or circumvent security or authentication measures.
  • Disable, damage or otherwise interfere with security related features of the Service.
  • Modify, decompile, disassemble or reverse engineer the Service.
  • Access or use the Service in a way intended to improperly avoid fees or excess usage limits or quotas.
  • Copy, rent, lease, loan, resell, sublicense, distribute or transfer components of our Service to any third-party.

You agree to follow all local and international laws, including all applicable data privacy laws and regulations.

Content

The Service allows you to upload and post photos, videos, ideas, designs, graphics, documents and other information and material (referred as "Content" or "your Content" if posted by you). You are solely responsible for your Content and all activities relating to your Content. We provide functions that allow you to control who may access your Content. Depending on your settings on the Service, other individuals or entities, including the general public, might have access to your Content. Others might use, copy, share, modify or broadcast your Content. Visible Solutions has no responsibility for such activity. Consider and evaluate very carefully, what content you upload, post and share.

Except for material that we license to you, Visible Solutions does not claim ownership on any Content that is posted, uploaded or shared. Visible Solutions also does not control, verify or endorse the Content that you or others make available on and through the Service.

You agree to not post any Content that may create a risk of physically or mentally harming or damaging yourself, any other person, animal, organisation or property. You also agree to not post any Content that may constitute or contribute to a crime or tort, contains unlawful, harmful, pornographic, racially or ethnically offensive, ethically insensitive, infringing, invasive of privacy, humiliating or harassing to other people or is otherwise objectionable. You agree to not post Content that is illegal or contains information that you do not have the right to make available under any law, contractual agreement or fiduciary relationship. You agree that the Content you post, upload and share is correct and current. You agree that the Content you post does not and will not violate any intellectual property rights of privacy or any other rights.

Visible Solutions reserves the right but is not obligated to remove or reject any Content that we believe, at our sole discretion, to violate these Terms and Conditions.

You retain ownership of your Content but you agree to grant Visible Solutions a worldwide, irrevocable, non-exclusive, transferable, perpetual, royalty free license to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, display and distribute such Content in connection with providing or improving the Service to you and others in accordance with your settings on the Service. We may identify you (by name and logo) as a Visible Solutions and/ or Service customer on our website or other promotional or corporate material. The license for such limited purposes continues even after you stop using the Service.

We reserve the right to access, read, preserve and disclose any information and Content as we reasonably believe is necessary to apply to the applicable law, regulations, governmental request or legal process, enforce these Terms and Conditions, detect or prevent fraud, address technical and security issues or protect the rights, property and safety of Visible Solutions, its users and the general public.

Visible Solutions shall use due care and reasonable skill in providing the Service, but Visible Solutions does not guarantee or promise that your Content will not be accessed by unauthorized individuals, damaged, temporarily unavailable, corrupted or lost. You are responsible for any Content that may be lost or unrecoverable through your use of the Service. You are encouraged to backup and archive your Content regularly and frequently. You might use additional encryption technology to protect your Content from unauthorized access. You must immediately notify Visible Solutions in writing of any unauthorized use of or access to your Content.

Visible Solutions may delete all your Content and data associated with you or your user profile if you were not active on the Service (no log in event) for over 200 consecutive days.

Use of content

We are not responsible for and do not endorse, support, or test the accuracy, reliability, truthfulness of any Content posted, uploaded or shared through the Service. If you use or rely on any Content posted via the Service or obtained by you through the Service, it is at your own risk. Visible Solutions will under no circumstances be liable in any way for any Content or any loss or damage of any kind incurred as a result of the use or non-use of any Content in the Service. We will not assume or have any liability for any action or inaction with respect to any Content.

You agree that you are responsible for the Content you post, upload or share, for your use of the Service, for your use of Content provided by others and for any consequences thereof. You warrant that you have the authority, necessary permissions, consent and rights necessary to submit any Content that you post, upload or share. You agree that if you do not have the authority or right to submit Content to the Service, doing so may subject you to liability. Visible Solutions will not be liable or responsible for any use of your Content in accordance to these Terms and Conditions.

Privacy and personal data

Visible Solutions puts strong value on our users' privacy. Depending on your settings on the Service, Visible Solutions collects, uses and shares certain personal and non-personal information as described in our Privacy Policy. As a user of our Service, you agree to this policy.

By accessing the Service, you are providing us with instructions to process personal data on your behalf, collected by you through the Service or other means. You shall ensure and hereby warrant and represent that you are entitled to collect and transfer personal data to Visible Solutions so that we may process and transfer the personal data in accordance with this Terms and Conditions.

If third-parties and/ or relevant data subjects submit Content and/or personal data to you through our Service, you are responsible for notifying them about our and all other applicable Terms and Conditions and Privacy Policies. You are also responsible for and must insure third-parties and data subjects have been informed and have given their consent to the use, processing and transfer of data as required by all applicable laws. You have the sole responsibility for the accuracy, quality and legality of personal data processed by Visible Solutions in the provision of the Service.

Where Visible Solutions is processing personal data on your behalf, it will:

  • Only do so on your documented instructions and in accordance with applicable law. You and Visible Solutions agree that these Terms and Conditions and the Privacy Policies constitute such documented instructions.
  • Ensure that all Visible Solution personnel involved in processing personal data have committed themselves to confidentiality.
  • Make available information necessary for you to demonstrate compliance with legal requirements and obligations, provided such information is not otherwise available to you, provided that you give Visible Solutions at least 25 days written notice of such an information request.
  • Promptly notify you of all requests received directly from a data subject in respect of that data subject's personal data submitted through the Service.
  • Upon deletion by you, not retain personal data you submitted through the Service other than to comply with applicable laws or as may otherwise be kept in routine backups or copies for disaster recovery.
  • To a reasonable extent assist you as required and at your expense where you wish to conduct a data protection impact assessment or an audit involving the Service or Visible Solutions.

Visible Solutions uses trusted sub-processors for certain elements of the Service. By agreeing to these Terms and Conditions, you provide a general authorization to Visible Solutions to engage onward sub-processors, subject to compliance with the requirements set out here. If you wish to receive updates about changes in engaged sub-processors, such as addition of new sub-processors, send an Email to support@visibleimpact.org.

We currently engage with following sub-processors:

  • Mandrill (by Mailchimp) is used as the Email sending gateway. More information is available on https://www.mandrill.com
  • Cloudinary is used for image and file hosting and processing. More information is available on https://cloudinary.com
  • Hostpoint AG, Switzerland is used as hosting provider. More information is available on https://www.hostpoint.ch
  • Groove Networks is used for handling support requests and providing knowledge base. More information is available on https://www.groovehq.com/

Security and audits

We store and process your Content and data in a manner which is consistent with current industry standards, taking into account cost of implementation, the nature, scope and purpose of the Service. We developed technical, organisational and administrative systems to help insure security, integrity and confidentiality of your Content and mitigate the risk of unauthorized access to your Content. Information about these systems are available in the section "Data Security", which is incorporated by reference in these Terms and Conditions. You are responsible to review this information and make an independent decision as to whether the Service meets your requirements and legal obbligations.

If we become aware of any security incident, such as unauthorized access, alteration, disclosure of personal data, Visible Solutions will take reasonable steps to notify you without undue delay and within 72 hours from becoming aware of such incident. Visible Solutions will also cooperate with you in providing you with information reasonably requested by you in relation to any security incident, provided the information is not available through other channels, such as through the Service.

You will allow Visible Solutions 30 days to respond to any audit request which you make. You will only be entitled to perform one audit per year, unless otherwise legally compelled or requested by a regulator. You shall reimburse us for any time expended for any such audit at the then-current rates, which shall be made available to you upon request.

Your user profile

User profiles are meant to be used by one individual, are not meant to be shared or used by teams or entire organisations. When registering a personal profile, you agree to provide correct and accurate information. You agree to give us permission to store your credentials in an encrypted format. You may only use your user profile and not someone else's user profile without their permission to do so. You can view, edit or delete your user profile at any time by accessing functionalities on the Service or by sending an Email to support@visibleimpact.org.

Violation of these Terms and Conditions may result in user information tracking. Offending users may be permanently restricted from using the Service. If Visible Solutions reasonably determines that your user profile is being used for illegal or fraudulent activities or activities not conform to these Terms and Conditions, your user profile may be immediately terminated and your data erased. We may also report you to law enforcement officials in the appropriate jurisdiction.

User profile security

You are solely responsible for safeguarding passwords that you use to access the Service and you are responsible for any activities made with your user profile. We encourage you to use strong passwords that use a combination of upper and lower case letters and symbols. Visible Solutions will not be liable for any loss or damage resulting from unauthorized use of your user profile or from your failure to comply with these Terms and Conditions. You are responsible to immediately notify Visible Solutions and your Organisation upon becoming aware of any security breach or unauthorized use of your user profile.

Visible Solutions license to you

Subject to these Terms and Conditions, Visible Solutions provides you with a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the Service. We reserve all rights not expressly granted in these Terms and Conditions of the Service. Visible Solutions can terminate this license at any time without specifying the reason.

To use our Service you need to have devices that are compatible with them. We do not warrant that the software, Apps or other Services are compatible with your device.

You agree that we may from time to time upgrade or change our Service and may automatically make changes to the Service or software used. Any third-party service used within our Service is covered by the applicable open source or third-party license EULA, if any. We reserve all rights on our Service not expressly granted under these Terms and Conditions. The Service originates in Switzerland and is subject to national laws and regulations. You agree to comply with all Swiss and foreign laws related to the use of the Service.

Subscription fees

You can choose to subscribe to a use the Service. The applicable subscription fees ("Subscription Fees") are available on our website. All Subscription Fees are prepaid for a selected and specified subscription term and are non-refundable. At the end of your contract term, your contract will automatically renew for another term until expressly cancelled via the website interface prior to its renewal.

All Subscription Fees will be charged to the credit card designated during registration of the billing information for your account. You must be authorized to use the payment method. You authorize Visible Solutions to charge you for the Service that you or other users associated with your account choose to sign up for. You must keep all billing information current. If you want to designate a different credit card, you can access and change the billing information via the website interface. If you agree to purchase the Services for a fee, you agree to Visible Solutions, or our third-party service providers, storing payment card information.

If we are unable to charge your credit card for fees owed, Visible Solutions reserves the right to restrict access to the Service and your stored Content, delete your Content or terminate your account.

If price changes occur, we will notify you in advance through an email or through a message on the Service. Price changes will only occur after contract term renewals. If you do not agree on price changes, you must cancel your subscription prior to its renewal.

Fundraising

In addition to other functionalities, we provide a platform that allows Organisations to raise funds for defined projects. We do not select or endorse any such Organisation, individual or projects. Our Service is not a solicitation of donations, and we solely provide a technology platform to link donors ("Donors") and fundraising Organisations or individuals ("Organisations "). By raising funds through the platform, you confirm that the project you are raising funds for is legal and that you will use funds raised as described in the project description.

Our trusted third-party payment service provider Stripe Inc. ("Stripe") processes donations. To raise funds, an Organisation needs a Stripe account, fundraising is therefore limited to Organisations residing in a Stripe enabled country. The applicable fees associated with raising funds through our Service are available on our and Stripe's websites. Stripe's Terms of Service and Privacy Policy, in addition to our Terms and Conditions, govern fundraising activities.

All donations made on our Service are between the transacting parties only (Donors and Organisations) and do not therefore directly involve Visible Solutions. As a fundraising Organisation, you understand that, the amount received on your account might be less than the raised amount minus all fees. This can be due to difficulties in charging the Donor's credit cards, foreign exchange rate fees or other reasons out of our control.

If you donate through our Service, you assume full responsibility for your activities. Visible Solutions does not endorse, select or perform due diligence on any of the projects accessible through the Service. You acknowledge that all donations are at your own risk. Consider and evaluate projects very carefully and only donate to projects and Organisations you know and trust. Visible Solutions does not warrant for the identity of Organisations or that funds will be used as stated in the project descriptions. Visible Solutions is not responsible for any misuse of the funds by the beneficiary.

By donating money through our Service, you represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have chosen. In case of fixed funding projects, credit cards are only charged in the event that projects reach their fundraising targets. Donations will appear on the Donor's credit card statement under the name of the beneficiary organisation. All donations are made as unrestricted gifts and are non-refundable. Potential tax deduction of donations vary by donor and the beneficiary organisation, persuant to applicable laws. As a donor, you need to contact the beneficiary organisation to find out more about potential tax deductions. As Visible Solutions does not act as a transacting party, we do not assume any responsibility for communication of tax deductions, refund policies or for processing refunds.

Taxes

You take full responsibility for all taxes and fees of any nature associated with using the Service. This includes VAT and taxes associated with raising funds online.

Branding

We encourage the use of the VisibleImpact logo for labelling highly transparent and efficient projects and organisations. We are however serious about protecting our identity and brand. You can use the VisibleImpact logo if you strictly adhere to these Terms and Conditions.

Do not use the VisibleImpact logo or a confusingly similar logo in a way that falsely implies a relationship or affiliation with, sponsorship, or endorsement by us. Your name and logo must be more prominent than the VisibleImpact logo.

You can download the logo from our website. You must not alter logo color, shape and proportions. Clear space (minimum half the width of the symbol) must surround the logo and the logo must be placed on a uniform background.

You can link to our Service, but if you do so, you have to make sure that the link is legal and does not damage our reputation or take advantage of it. You must not establish a link to our Service on any website that you do not own.

Third-party Services

Our Service might have links to or information about third-party services such as websites, files or documents. Visible Solutions does not assume any responsibility for third-party services. If you access a third-party service through our Service, you are responsible for any consequences and do this at your own risk. You understand that our Terms and Conditions and Privacy Policy do not apply to third-party services. You expressly relieve Visible Solutions from all liability arising from accessing third-party services.

Visible Solutions Copyrights, Property and User Feedback

All right, title and interest in and to the Service, excluding Content provided by users, are the exclusive property of Visible Solutions. The Service is internationally protected by copyright. You do not have the right to use our name, logos, domain names and other distinct brand features except as described in these Terms and Conditions. Any comments, questions, ideas, feedback, suggestions for improvement (collectively called "Feedback") are entirely voluntary and are not confidential. You hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to use such Feedback as we deem appropriate for all commercial or non-commercial purposes, at our sole discretion.

Termination

Visible Solutions can terminate your personal profile, your account or the entire Service at any time, without specifying the reason.

You can terminate your personal profile at any time by deleting your profile through settings on the Service or through contacting support@visibleimpact.org. We might also terminate your personal profile, delete your Content or delete your account if you do not engage in any activity for a period of 200 consecutive days.

After termination of your personal profile, your Organisation's account or the Service in general, all data will not be publically accessible through the Service. We can however not guarantee that all data will be entirely removed from Stripe, other third-party providers, our servers and other storage equipment.

No warranty

Our Service is provided on an "as is" and "as available" basis, with "all faults". Use of our Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranty of any kind, whether expressed or implied. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement. Without limiting the foregoing, Visible Solutions does not warrant that the content is correct, reliable or accurate; that the Service will meet your needs; that the Service will be available at any particular location or time or that the Service is secure; that any defects or errors will be corrected or that the Service is free of harmful components. Any content obtained through the use of our Service is obtained at your own risk and you will be solely responsible for damage to your or other party's computers, mobile devices or data. We do not assume responsibility or warrant, endorse or guarantee for any content, service or product offered through the Service or offered through third-parties linked to our Service.

Limitation of liability

To the maximum permitted by applicable law, under no circumstances shall Visible Solutions, its employees, contractors, board members, directors or suppliers be liable for any direct or indirect damage, including but not limited to damages for loss of data, loss of profits, goodwill or other intangible losses that result from the use of or inability to use the Service. Under no event and circumstances will Visible Solutions be responsible for any damage, injury or loss resulting from hacking, tampering or other unauthorized access or use of the Service or your personal profile or any information available through the Service.

To the maximum permitted by applicable law, Visible Solutions does not assume any responsibility or liability for errors, mistakes or inaccuracies of the Content or Service. We do not assume any responsibility or liability for any injury or damage (personal or property) resulting from your access or use of our Service. Visible Solutions does not assume any responsibility or liability for any unauthorized access to or use of our servers or any and all information stored therein. We do not assume any responsibility or liability for any cessation or interruption of transmission to or from the Service. Visible Solutions does not assume any responsibility or liability for any bugs, viruses, Trojan horses, spyware or other damaging programs that may be transmitted to or from the Service. We do not assume any responsibility or liability for errors, mistakes or omissions in any Content or for any loss or damage resulting from the use or access to our Service, emailed or otherwise obtained through our Service. We do not assume any responsibility or liability for Content posted, uploaded or shared by our users. This includes but is not limited to offensive, illegal or defamatory Content. In no event or circumstance shall Visible Solutions, its employees, contractors, board members, directors or suppliers be liable to you for any claims, liabilities, proceedings, obligations, damages, losses or costs.

This limitation of liability section applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis, even if Visible Solutions has been advised or warned about the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by applicable law.

Our Service is operated and controlled from facilities located in Switzerland. The Service is hosted in Switzerland with the use of third-party image and document storage providers and third-party content delivery networks hosted in multiple countries. We make no representations that the Service is appropriate or available for use in other countries. Those that access or use our Service from other countries or jurisdictions are entirely responsible for their compliance with all applicable law and regulations, including but not limited to import and export laws and regulations.

Indemnification

You agree to hold harmless, defend and indemnify Visible Solutions and its employees, contractors, board members, directors, subsidiaries and successors from and against any and all claims, obligations, losses, damages, expenses, costs or debt arising from your access or use of the Service or another party's access or use of the Service with your personal profile.

Aribitration

In the event that Visible Solutions has not been able to resolve a dispute it has with you, we each agree to resolve any dispute relating to this agreement or the breach of these Terms and Conditions by arbitration of the applicable law in Zurich, Switzerland. The award rendered by the arbitrator shall cover costs of arbitration, reasonable attorney fees and reasonable costs for external witnesses and experts.

Claims must be filed within one year. You must bring any claim related to the Service within one year of the date you could first bring the claim, unless applicable law requires a longer time to file claims. If it is not filed in time, the claim is permanently barred.

Nothing in this Terms and Conditions shall be deemed as preventing Visible Solutions from seeking injunctive or other equitable relief from the courts as necessary to protect any of our proprietary interests. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You agree that, by entering into this agreement, you and Visible Solutions are each waiving the right to a trial by jury or to participate in a class action.

Jurisdiction

You agree that the Service is based in Zurich, Switzerland and that these Terms and Conditions are governed by Swiss law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Miscellaneous

These Terms and Conditions and any additional agreements and contracts you may enter into with Visible Solutions constitute the entire agreement between you and Visible Solutions concerning the Service. If any provision of these Terms and Conditions is deemed invalid by a court in the applicable jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by the parties with a valid and enforceable provision, which shall correspond with the original provision in its economic aim. The same applies to any potential gaps within the Terms and Conditions.

Lost your password?

We are happy to show you the power of VisibleImpact!
Please give us a call or email us:

Phone

+41 44 501 16 49

Email

support@visibleimpact.org

Adress

Visible Solutions AG
c/o Impact Hub Zürich
Viaduktstrasse 93
8005 Zürich, Switzerland