Last updated: 27 August 2024
Welcome to Vizalyzer, an application provided by Bumbayaya LLC ("we," "us," or "our"). Please read these Terms and Conditions ("Terms") carefully before using Vizalyzer. By accessing or using Vizalyzer, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use Vizalyzer.
The Vizalyzer App is operated by Bumbayaya LLC, a company registered in Switzerland with its principal office at 6340 Baar, Switzerland ("Company", "we", "us", "our").
By accessing or using Vizalyzer, you signify that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not use Vizalyzer. These Terms apply to all users of Vizalyzer, including but not limited to users who are contributors of content, information, and other materials or services, registered or otherwise.
To use Vizalyzer, you must be at least 18 years old or have reached the age of majority in your jurisdiction. By using Vizalyzer, you represent and warrant that you meet this requirement.
Your use of Vizalyzer is also governed by our Privacy Policy, which can be found at https://api.vizalyzer.com/static/dpr.html. By using Vizalyzer, you agree to the collection and use of your information as outlined in the Privacy Policy.
Vizalyzer allows users to analyze images and videos using advanced AI technology. Users can subscribe to our services to utilize our servers as intermediaries for processing. Please note that the usage and privacy policies of our service providers apply.
Users can subscribe to our service directly within Vizalyzer, allowing us to use our servers to process data on their behalf. Data will be temporarily processed through our servers with the highest standards of data protection. Data processed through our servers will only be retained for as long as necessary to fulfill the purpose for which it was collected and will be deleted thereafter in accordance with our data retention policy, unless a longer retention period is required or permitted by law.
We are committed to complying with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the General Data Protection Regulation (GDPR). We ensure that all data processing activities are carried out in accordance with these regulations.
In-App Subscriptions: All subscriptions, including any potential free trial offers, can be viewed, managed, and purchased directly within Vizalyzer. Payment processing and subscription management are handled through the App Store, and all terms related to payments, renewals, and cancellations are governed by the App Store’s policies.
Subscription Plans: Subscription plans, including the availability of free trials, and pricing details are available within Vizalyzer.
Compliance with Laws: You agree to use Vizalyzer in compliance with all applicable laws and regulations.
Prohibited Uses: You may not use Vizalyzer for any illegal activities, including but not limited to:
Violation of these prohibitions may result in immediate suspension or termination of your account, reporting to law enforcement authorities, and any other legal action deemed necessary.
If you become aware of any misuse or abuse of the service, including the use of inappropriate or prohibited content, please report it to us immediately at info@bumbayaya.ch. We will investigate all reports of misuse and take appropriate action, which may include reporting to law enforcement authorities or taking legal action.
All content, trademarks, logos, and other intellectual property rights in Vizalyzer are owned by Bumbayaya LLC or its licensors. You may not use or reproduce any of these materials without prior written consent from Bumbayaya LLC.
Your use of Vizalyzer is at your sole risk. The service is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The results provided by the Vizalyzer app, including those generated through AI analysis, are for informational purposes only. We do not warrant or guarantee the accuracy, completeness, or reliability of any analysis or results provided by the service. Users are advised not to rely solely on these results for any decisions, particularly those involving personal safety, legal matters, or other critical areas.
We will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use Vizalyzer; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from Vizalyzer; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through Vizalyzer by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through Vizalyzer; and/or (vi) the defamatory, offensive, or illegal conduct of any third party. In no event shall we be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us hereunder.
You agree to defend, indemnify, and hold harmless Bumbayaya LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from (i) your use of and access to Vizalyzer, by you or any person using your account and password; (ii) a breach of these Terms, or (iii) content posted on Vizalyzer.
These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding Vizalyzer, and supersede and replace any prior agreements we might have had between us regarding Vizalyzer.
Any disputes arising out of or relating to these Terms or the use of Vizalyzer shall be resolved through binding arbitration in accordance with the rules of the Swiss Chambers' Arbitration Institution (SCAI). The arbitration shall take place in Zug, Switzerland, and shall be conducted in German. The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in a court of competent jurisdiction in Zug, Switzerland.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use Vizalyzer after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Vizalyzer.
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. Such provision shall be interpreted to reflect the original intent of the parties, in accordance with applicable law.
The failure of Bumbayaya LLC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Bumbayaya LLC.
These Terms constitute the entire agreement between you and Bumbayaya LLC regarding the use of Vizalyzer, and supersede all prior agreements and understandings, whether written or oral, between you and Bumbayaya LLC, relating to the subject matter of these Terms.
If you have any questions about these Terms, please contact us at:
Bumbayaya LLC
6340 Baar
Switzerland
Email: info@bumbayaya.ch
Phone: +41 41 763 11 12
By using the App, you acknowledge that you have read and understand these Terms and Conditions.