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Terms of Service

Terms of Service

The rules for using the VisionScaper website, Designer and Contractor Hub.

Last updated October 16, 2026

1. Agreement

These Terms of Service (“Terms”) are a binding agreement between you and [FILL IN: Company legal name], doing business as VisionScaper (“VisionScaper”, “we”, “us” or “our”). They govern your use of this website, the VisionScaper Designer, the VisionScaper Contractor Hub, our mobile and web apps, and everything else we offer under the VisionScaper name (together, the “Services”). Our Privacy Policy explains how we handle personal information and is part of these Terms.

By clicking to accept, creating an account, starting a free trial, or continuing to use the Services after seeing a notice of these Terms, you agree to them. If you use the Services for a business, you agree for that business and confirm that you have authority to bind it, and “you” means both you and the business. If you do not agree, do not use the Services.

Please read Section 29 (Dispute resolution). It requires most disputes to be resolved by individual arbitration instead of in court, and it includes a class action waiver. You can opt out within 30 days.

2. Who these Terms cover

  • Visitors and homeowners (“Members”) use the website and the Designer, and may create a free account, save designs, ask for quotes or share designs.
  • Contractors are landscape and property-service businesses, and their owners, managers and crew, that use the Contractor Hub, whether on a free trial or a paid plan.
  • Customers of a Contractor are people a Contractor serves, who may receive quotes, messages, invoices and payment links through the Services.

Some sections apply only to one group. Where a section does not say, it applies to everyone.

3. Changes to these Terms and to the Services

We may update these Terms from time to time. We will post the new version with a new “Last updated” date and show a notice in the app. If a change is material, we will give at least 30 days’ notice by email or in the Contractor Hub before it applies to paid plans, unless the change is required by law or to protect the Services, in which case it can apply sooner. If you keep using the Services after a change takes effect, you accept it. If you do not accept it, stop using the Services and cancel any plan before the change takes effect.

We may add, change, limit or remove features at any time. We will try to give reasonable notice of a change that removes a core feature of a paid plan you are using.

4. Eligibility and accounts

  • You must be at least 18 years old, or have the permission of a parent or guardian who accepts these Terms for you. Contractor accounts are for adults acting for a business.
  • You must give accurate, current information when you register, apply or verify your business, and keep it up to date.
  • You are responsible for everything that happens under your account. Keep your password private, use a strong one, tell us at once if you think someone else has used your account, and do not share logins. Each person on a Contractor team should use their own login.
  • The person who creates a Contractor account is the account owner. The account belongs to the business, not to the individual, and the owner decides who has access. If two people dispute ownership, we may ask for proof, suspend changes and follow the outcome of a court order or a written agreement between them.
  • We may refuse, suspend or close any account at our discretion, including for suspected fraud, abuse or breach of these Terms. Contractor accounts are approved at our discretion.
  • One free trial is allowed per business, ever. We may check a verified phone number and email address, and may refuse a trial if we believe someone is creating duplicate accounts to get more than one.

5. The Services

VisionScaper provides software tools. They include a photo-based yard Designer with plant and material libraries, an optional AI toolset, and a Contractor Hub with customer records, quotes and proposals, e-signature, scheduling, field and crew tools, job costing, invoicing and payments, messaging, marketing tools, hiring tools, an optional AI receptionist, training, and reports. Which features you can use depends on your plan and settings.

  • We are a software provider. We are not a landscaper, designer, engineer, accountant, lawyer, employment agency, bank, payment institution, or insurance provider, and we do not perform or supervise any landscaping work.
  • Availability. We work to keep the Services running but do not promise they will be uninterrupted or error-free. We may take them down for maintenance, and outages can happen for reasons outside our control.
  • Beta and preview features. Anything labeled beta, preview or experimental may change, break or be removed, and is provided without any commitment.
  • Devices and networks. You are responsible for your own devices, internet access, and any mobile or data charges.
  • Backups. The Services include an export tool. You should keep your own copies of anything important, including quotes, contracts, invoices and customer lists.

6. For Members: designs, estimates and contractors

  • Designs are illustrations. Designs, plant images, growth previews, AI pictures, scale guesses, measurements, areas and quantities are illustrations and estimates only. They are not surveys, engineering or architectural plans, soil or drainage advice, or a promise of how a finished yard will look, grow or cost. Plants differ in real life by climate, soil, light, care and season. Confirm important details with a qualified professional before you build or buy.
  • Quotes. When you ask for quotes, the contractors you choose receive the details and photos you share. They decide whether and how to respond. Each quote, contract and job is between you and that contractor. We are not a party to it.
  • Contractors are independent. Contractors are independent businesses, not our employees or agents. We do not guarantee their work, prices, availability, licenses, insurance or conduct. Check licenses, insurance and references yourself before you hire anyone. A “Verified” badge or similar label means only the specific checks described on the label were completed on the date shown. It is not an endorsement or a guarantee.
  • Reviews. Reviews must be honest and based on your own experience. We may remove reviews that break these Terms or the law.
  • Free Designer. The Designer is free for homeowners. Some tools, such as AI features and saving designs online, need a free account. We may set fair daily limits, and we may offer optional paid add-ons such as extra credits.

7. For Contractors: your business and your responsibilities

  • You run your business. You are solely responsible for your quotes, prices, contracts, scheduling, work, warranties, tax collection and filing, payroll, insurance, bonding, permits, licenses and registrations (including any home-improvement or contractor registration your state or town requires), and for complying with every law that applies to your business. Nothing in the Services is legal, tax or accounting advice.
  • Your customers. Your relationship with your customers is yours. You are responsible for what you tell them, the terms you give them, and for handling their complaints, refunds and disputes.
  • Verification. We may verify your identity, business and licensing through third-party providers (such as Stripe Identity and public licensing records). You consent to those checks when you start verification, and you agree to provide complete and accurate information.
  • Your team. You are responsible for everyone you give access to, including their use of the Services, their compliance with these Terms, and the accuracy of what they enter. You must have the right to share their information with us.
  • Templates and automation. Templates, suggested wording, markup and pricing tools, planning wizards, reminders and automations are starting points that you review and approve. You are responsible for what you send and charge.
  • Advertising claims. Do not make false or misleading claims about your business, licenses, insurance, reviews or the VisionScaper verification status.

8. Free trial, plans, fees and billing

  • Free trial. New Contractor accounts may start a 30-day free trial of the Contractor Hub. A card is required to start the trial. One trial is allowed per business. The trial length, plan and what happens at the end are shown when you sign up. Unless you cancel before the trial ends, your chosen plan starts on the day the trial ends and your payment method is charged the plan price shown.
  • Plans and limits. Each plan has its own price and limits (for example the number of field employees, daily AI credits, storage, and which tools are included). Current prices and limits are shown on the pricing page and in the Hub. Prices shown on our website are in U.S. dollars and may not include taxes. We may change plans, prices and limits, and will give at least 30 days’ notice of a price increase for a plan you are on. The increase applies from your next renewal after the notice period.
  • Billing. Paid plans renew automatically each month or year, depending on what you chose, until you cancel. You authorize us and our payment processor to charge your payment method for the plan, for any add-ons you buy (such as extra AI credits), and for taxes. Fees for third-party services that you use through the Services, such as text messaging, voice minutes and card processing, may be billed separately by those providers or added to your bill. We will show them to you where we know them.
  • Upgrades and downgrades. If you move to a higher plan, the change may apply immediately and may be prorated. If you move to a lower plan, it normally takes effect at the end of the current billing period, and you may need to reduce usage (for example team size or storage) to fit the lower plan.
  • Failed payments. If a payment fails, we will tell you and try again. After a grace period (currently 14 days after the due date), your account may become read-only and then be suspended. Your records are not deleted because of a failed payment. If your account stays suspended, deletion follows the retention rules in our Privacy Policy. Paying the overdue amount restores access.
  • Cancellation. You can cancel at any time in the Contractor Hub. Cancellation takes effect at the end of your current paid period, and you keep access until then. You are responsible for cancelling before a renewal if you do not want to be charged. You can export your data before and after cancelling, as described in Section 22.
  • Refunds. Except where the law requires otherwise or we say so in writing, fees are not refundable, including for partial periods and unused features. [FILL IN: Refund sentence]
  • Disputed charges. If you think a charge is wrong, contact us within 60 days of the charge so we can look into it. Opening a chargeback without contacting us first may lead to suspension.
  • Taxes. You are responsible for any sales, use, value-added or similar taxes on your plan, except taxes on our net income.
  • Promotions and credits. Promotional offers, discounts and credits are limited, have no cash value, and may be changed or ended.

9. Payments you take from your customers

  • Stripe. Card and bank payments from your customers are processed by Stripe. To accept them you must open or connect a Stripe account and accept Stripe’s terms, including the Stripe Connected Account Agreement. Stripe’s terms are between you and Stripe. We are not a bank, money transmitter or payment processor, and we do not hold your funds.
  • Rates. Processing rates, and any VisionScaper fees on payments, are shown in the Contractor Hub and are deducted from each payment. Cards, bank (ACH) payments and Instant Payouts can each have a different rate. We may change them with notice.
  • Timing and returns. Bank payments take several business days to clear and can be returned. Card payments can be disputed. You are responsible for chargebacks, returned payments, refunds you give, and related fees, and we or Stripe may take those amounts from future payments or from your payment method.
  • Prohibited transactions. You may not use the payment tools for goods or services that are illegal or that Stripe prohibits, or to charge for something you did not provide.
  • Records. You are responsible for the accuracy of your invoices, amounts, taxes and customer information. If you connect an accounting service, you are responsible for what you choose to sync.

10. Texts, calls and email

  • You are the sender. When you text, call or email your customers or leads through the Services, you are the sender and you are responsible for following the law. That includes the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state telemarketing and “mini-TCPA” laws, the CTIA guidelines, carrier rules and do-not-call rules. Get the consent the law requires before you send, honor opt-outs at once, keep proof of consent, respect quiet hours, and do not send marketing without proper consent.
  • Opt-outs. The Services honor STOP and similar replies. Do not try to get around an opt-out. Do not message a person who has opted out.
  • Registration. Text messaging in the United States may require business and campaign registration with carriers. You agree to give accurate registration details. Carriers may block, filter or fine message traffic. Fines and fees we are charged because of your messages may be passed on to you.
  • Content. Do not send unlawful, misleading, harassing, threatening, or deceptive messages, or messages about prohibited subjects such as illegal drugs, firearms, or adult content. Do not send chain or “lead-buying” messages.
  • Costs. Messaging and voice may use credits or be billed by usage. Delivery is not guaranteed. Carriers and networks are outside our control.
  • We may stop. We may block, limit or suspend messaging if we think it breaks the law, these Terms or carrier rules, or puts our sending reputation at risk.

11. AI features and the AI receptionist

  • What they are. The Services include AI-powered tools, such as redesign, erase and select tools, plant and object identification, scale checks, marketing and quote-writing helpers, and an optional AI receptionist that can answer calls, collect information, and book or route requests. These tools are run by us and by third-party AI providers.
  • Outputs can be wrong. AI results can be inaccurate, incomplete, biased or unsuitable. Treat them as suggestions. Review everything before you rely on it, send it to a customer, sign it, or charge for it. AI pictures are concept pictures, not build-ready plans, and they are labeled that way.
  • Your responsibility. You are responsible for what you do with AI outputs and for the instructions and information you give the tools. Do not use AI features to make decisions about credit, employment, housing, insurance, health or legal rights, or for anything that could cause serious harm.
  • Credits and limits. AI tools use credits. Plans include daily or monthly credits, and you can buy more. Credits have no cash value, may expire as stated when you buy them, and may be limited to prevent abuse.
  • Rules for inputs. Do not upload photos or text that you do not have the right to use, that show people who have not agreed, or that include sensitive personal information. We may block requests that are flagged by safety checks.
  • Receptionist and calls. If you turn on the AI receptionist, you must tell callers that they are talking to an automated assistant and, where it is required, that the call may be recorded, and you must get any consent the law requires (some states, including Connecticut in some cases, require all parties to consent to a recording). You are responsible for your call scripts, opening hours, the information the assistant may give, and any promises it makes for your business. The receptionist is not for emergencies, and it must not be used to take 911 or other emergency calls.
  • Providers. AI providers may change, and their availability, accuracy and terms are outside our control. We may switch providers or turn features off.

12. Customer data and privacy

  • Who is responsible. The information about your customers, leads, properties, quotes, invoices and messages that you put into the Contractor Hub (“Customer Data”) belongs to you, and you decide how it is used. For Customer Data, we act as your service provider (processor). We use it only to provide the Services to you, follow your instructions and our agreement with you, and as the law requires.
  • Your duties. You promise that you have all notices, consents and rights needed to give us Customer Data and to have us process it, including to send messages, record calls, and keep location or time information about your team. You are responsible for answering requests from your customers about their data. If a customer asks us directly, we may pass the request to you.
  • Data processing addendum. Where the law requires a data processing agreement, these Terms and our Privacy Policy are that agreement. We will sign a separate one on reasonable request.
  • Export and deletion. You can export your records and ask us to erase your account or a single customer, as described in the Privacy Policy. We may keep what the law requires us to keep, such as invoices and payment records.
  • Our own data. We keep information about how you use the Services, and we may use aggregated, de-identified information that does not identify you or your customers to run, secure, improve and develop the Services and to publish industry insights.
  • Security. We use reasonable safeguards. No system is perfectly secure. You must keep your login details safe and report any suspected breach to us promptly. If we learn of a breach of your Customer Data, we will tell you as the law requires.

13. Contractor-only customer records

  • What they are. Approved Contractors can record factual events about customers they have worked with, such as an unpaid or late invoice, a last-minute cancellation, a no-show, or a reversed payment. Each record must be tied to a real job, invoice, appointment or payment in VisionScaper, and it expires after 24 months. Other approved Contractors who are dealing with the same customer may see a short summary. They are not told which Contractor recorded it. Customers are matched using one-way hashes of email, phone and address, and raw details are not shared.
  • Rules for Contractors. Records must be accurate, factual and based on real events. Do not record opinions, rumors, or anything that is false or misleading. Do not record anything about a customer’s race, religion, health, sex, age, disability, immigration status or any other protected characteristic. Keep the information confidential. Do not show it to the customer or anyone else, do not copy it outside the Services, and do not use it to harass, threaten, discriminate against or retaliate against anyone.
  • Allowed use. Use these records only to decide whether and on what terms to do business with a customer you are dealing with, such as asking for a deposit. They are not credit reports or consumer reports. Do not use them to decide credit, employment, insurance, housing or any other purpose that the Fair Credit Reporting Act or a similar law covers.
  • Customer rights. A customer can ask what records exist about them and can dispute a record. Disputed records are hidden while we review them. We may remove records that we find to be inaccurate, unsupported or in breach of these Terms.
  • Consequences. Falsifying, disclosing or misusing these records is grounds for immediate suspension or termination, and may expose you to legal claims.

14. Hiring, job applications and employee records

  • Job postings. Job postings must be for real positions and must follow employment laws, including fair-hiring and anti-discrimination laws. Do not ask application questions about criminal history (before a lawful stage), age, disability, religion, national origin, family status or other protected characteristics, and do not use the tools in a discriminatory way.
  • Applicants. Résumés and applications are shared only with the businesses an applicant applies to. An applicant can withdraw an application at any time.
  • Employer notes. Employers can keep private notes about their own applicants and employees. Those notes are never shared with other employers.
  • References. If an applicant chooses to share their VisionScaper work history as a reference, previous employers’ factual records (such as dates worked, role and whether they are eligible for rehire) are shown to employers the applicant applies to. The applicant can see these records, dispute them, and withdraw consent. Employers must record only truthful, factual statements.
  • Misuse. Misuse of hiring or reference tools is grounds for termination of the employer’s account.

15. Door-to-door canvassing and team location

  • Canvassing. If you use the door-to-door map, you must follow local solicitation, permit and licensing rules, respect “No Soliciting” signs and requests not to return, and record only what you need to follow up or to avoid returning.
  • Team location. If you turn on team location (GPS), you must tell your team in advance, follow the laws on employee monitoring that apply where they work, and use location only for legitimate business purposes. Location sharing is designed to work only while a team member is clocked in, and you should not use it to track people off the clock.

16. Your content and our license

  • You own it. You keep ownership of the photos, designs, text, logos, records and other content you upload or create in the Services (“Your Content”). We do not claim ownership of it.
  • License to us. You give us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, display and transmit Your Content only as needed to provide, secure, support and improve the Services for you, and to show Your Content to the people and contractors you choose to share it with. If you choose to publish a design or photo publicly (for example in the community or a contractor gallery), you also let us display it to the public in the Services.
  • Your promises. You promise that you own or have the rights to Your Content, that it does not infringe or violate anyone’s rights or any law, and that people shown in it (or their owners) have agreed where required.
  • Feedback. If you give us ideas or suggestions, we may use them without payment or credit.
  • Our content. The Services, our software, the plant and material libraries, photos, 3D assets, templates, text, designs, logos and trademarks belong to us or our licensors and are protected by law. We give you a limited, revocable, non-exclusive, non-transferable right to use the Services as these Terms allow. You may not copy, sell, rent, sublicense, scrape, or build a competing product from our libraries or content. Plant and material imagery may be used inside your own designs and quotes for your own customers, but not resold or redistributed as a library.
  • Logos. With your permission, we may show your business name and logo as a customer. You can ask us to stop at any time.

17. Acceptable use

You must not, and must not help anyone to:

  • break the law, or use the Services for anything unlawful, fraudulent, deceptive, harassing, hateful, defamatory, or that invades someone’s privacy;
  • upload malware, probe or test the security of the Services without our written permission, or interfere with the Services or other people’s use of them;
  • scrape, harvest or copy data or libraries, use bots, or reverse engineer or decompile the Services, except where the law allows it;
  • get around plan limits, credit limits, free-trial rules or verification checks, or open multiple accounts to get more than one trial;
  • share or sell accounts, resell the Services, or run a service bureau for others without our written agreement;
  • send spam, or message people without the consent the law requires;
  • infringe intellectual property, or upload content you do not have the right to use;
  • impersonate a person or business, or misuse a “Verified” or other status label;
  • use the Services in a way that is likely to cause serious harm, or to build a competing product.

We may investigate suspected violations, remove content, and suspend or terminate accounts. We may report unlawful activity to the authorities.

18. Third-party services and integrations

The Services work with services run by others, such as Stripe (payments), Twilio and other messaging providers, a voice-assistant provider for the receptionist, Google (sign-in, maps and calendar), Facebook (sign-in), QuickBooks and Xero (accounting), mapping and imagery providers, plant-identification and AI providers, and email and printed-mail providers. When you use or connect one, its own terms and privacy policy apply, and you give us permission to exchange information with it as you authorize. We do not control and are not responsible for third-party services, and they may change or stop at any time. You can disconnect them at any time.

19. Copyright and takedown

We respect intellectual property rights. If you believe content in the Services infringes your copyright, send a notice to our designated agent: [FILL IN: Copyright agent (name, address, email)]. Include your contact details, a description of the work and of where the content is, a statement of good-faith belief that the use is not authorized, a statement under penalty of perjury that the notice is accurate and that you are authorized to act, and your signature. We may remove material and end the accounts of repeat infringers. You may send a counter-notice if you believe content was removed by mistake.

20. Confidentiality

Each of us may receive the other’s non-public information. The receiving party will use it only to carry out these Terms, protect it with reasonable care, and not disclose it except to people who need to know and are bound to keep it confidential, or as the law requires (after notice where allowed). This does not apply to information that is public, already known, independently developed, or lawfully received from someone else. The contractor-only records in Section 13 are confidential under that section.

21. Suspension and termination by us

We may suspend, limit or end your access, with or without notice, if we reasonably believe you have broken these Terms or the law, put the Services, other people or us at risk, are not paying, or if we must do so by law. Where practical and lawful, we will tell you why and give you a chance to fix the problem. We may also end a free account that has been unused for a long time. If we end a paid plan without cause, we will refund the unused part of the current paid period.

22. Ending your use and your data

  • By you. You can stop using the Services or cancel your plan at any time. Closing a Member account or a trial account is done in the app or by contacting us.
  • Export. Before you leave, use the export tool to take a copy of your records. Exports stay available even if an account is paused or cancelled, for the period described in the Privacy Policy.
  • After ending. After an account ends, access to the Services stops. We delete or anonymize your data after the period described in the Privacy Policy, except for records we must keep for legal, tax or accounting reasons, and information in backups until it is overwritten. We have no duty to keep your data beyond that period.
  • What survives. Sections that by their nature should continue, including payment obligations, ownership, licenses to content already shared, confidentiality, disclaimers, limits of liability, indemnities and dispute resolution, survive after your use ends.

23. Disclaimers

THE SERVICES, THE LIBRARIES, AI OUTPUTS AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT ANY RESULT WILL BE ACCURATE OR RELIABLE, OR THAT ANY DESIGN, ESTIMATE, PLANT, QUOTE OR AI OUTPUT WILL BE SUITABLE FOR YOUR PURPOSE.

WE ARE NOT RESPONSIBLE FOR THE ACTS, WORK, QUOTES, PAYMENTS OR CONDUCT OF CONTRACTORS, CUSTOMERS, JOB APPLICANTS, EMPLOYERS OR ANY OTHER USER, OR FOR THIRD-PARTY SERVICES. Some places do not allow certain disclaimers, so some of this may not apply to you.

24. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, CUSTOMERS, GOODWILL OR DATA, EVEN IF WE WERE TOLD THEY WERE POSSIBLE; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100).

These limits apply however a claim is brought (contract, tort including negligence, or otherwise). They do not limit liability that the law does not allow to be limited, such as liability for fraud or for death or personal injury caused by negligence, where applicable. The limits reflect the price of the Services and are a basic part of the agreement between us.

25. Indemnity

You will defend, indemnify and hold harmless VisionScaper, its affiliates, and their owners, officers, employees and contractors from any claim, loss, liability, damage, fine, penalty and cost (including reasonable legal fees) arising out of or related to: (a) Your Content and Customer Data; (b) your breach of these Terms or the law; (c) your quotes, contracts, work, pricing, products or services, and any dispute with your customers or team; (d) messages, calls or recordings you send or make through the Services, including any violation of the TCPA, CAN-SPAM, or other communications or privacy laws; (e) your use of AI outputs or the AI receptionist; and (f) misuse of the contractor-only records or hiring tools. We will tell you promptly of the claim, let you control the defense (but you may not settle in a way that admits fault for us or places obligations on us without our consent), and give you reasonable help at your cost. We may take part with our own lawyers at our expense.

26. Electronic signatures and records

  • Electronic communications. You agree that we can give you notices, receipts, and other information electronically, by email, by posting on the Services, or in the app, and that these meet any legal requirement for a written notice. Keep your contact details up to date. You can ask for a paper copy by contacting us, and you can withdraw consent to electronic delivery by closing your account.
  • E-signature tool. The Services let Contractors send quotes, proposals and agreements for electronic signature. An electronic signature has the same legal effect as a handwritten one where the law allows (for example under the federal E-SIGN Act and state UETA laws), and we record the time and other details of a signature. A signed quote or agreement is between the Contractor and its customer. We are not a party to it and do not give legal advice about it. Some documents, such as certain contracts, wills, or notices that the law requires to be on paper, cannot be signed electronically. Contractors are responsible for using the tool lawfully, including meeting any home-improvement contract, cancellation-right (cooling-off) and notice requirements.

27. Mobile apps and app stores

If you use a VisionScaper app from the Apple App Store or Google Play, you also agree to the store’s terms. The app store is not a party to these Terms and has no duty to support or maintain the app. We are responsible for the app, claims about it, and its upkeep, as these Terms say. The store and its subsidiaries are third-party beneficiaries of these Terms for the app and may enforce them against you. You promise that you are not in a country under a U.S. embargo and are not on a U.S. restricted-party list.

28. Governing law

These Terms and any dispute between us are governed by the laws of the State of [FILL IN: Governing law: state], and by the Federal Arbitration Act for Section 29, without regard to conflict-of-laws rules. Where the law of the place you live gives you rights that cannot be waived, those rights remain.

29. Dispute resolution, arbitration and class action waiver

Please read this section carefully. It affects your legal rights.

  • Talk to us first. Before starting any claim, contact us at [FILL IN: Privacy and legal email] and describe the problem and what you want. We will try in good faith to settle it within 30 days.
  • Binding individual arbitration. If we cannot settle it, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (including whether a claim can be arbitrated) will be resolved by final, binding arbitration, not in court, except as stated below. The arbitration will be run by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or its Commercial Arbitration Rules where you are using the Services for business), as changed by this section. The AAA’s rules and a filing form are at adr.org. The arbitrator decides the dispute, and may award the same relief a court could, but only for the individual claim.
  • Costs and location. We will pay the AAA’s filing, administrative and arbitrator fees for any claim for less than $10,000 unless the arbitrator finds the claim to be frivolous. Otherwise, fees are split as the AAA’s rules say. A hearing, if one is needed, will be held in your county or by video or phone, at your choice for consumer claims.
  • Class action waiver. To the fullest extent the law allows, you and we may bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative action. The arbitrator may not combine claims or preside over a class action. If this waiver is found unenforceable for a claim, that claim goes to court and not to arbitration, and the rest of this section still applies to other claims.
  • What is not covered. Either of us may bring an individual claim in small-claims court if it qualifies. Either of us may go to court to stop infringement or misuse of intellectual property, or to protect confidential information. Claims for unpaid fees may be brought in court.
  • Court and jury. For any dispute that is not arbitrated, you and we agree to the exclusive jurisdiction and venue of [FILL IN: Court for disputes that are not arbitrated], and each of us waives the right to a jury trial to the extent the law allows.
  • Opt out. You may opt out of arbitration and the class action waiver within 30 days after you first accept these Terms, by emailing [FILL IN: Privacy and legal email] with your name, your account email and the words “Opt out of arbitration”. Opting out does not affect any other part of these Terms.
  • Time limit. To the extent the law allows, any claim must be started within one year after it arose, or it is permanently barred.
  • Changes. If we change this section in the future, the change will not apply to a dispute you notified us of before the change.

30. Notices

We may give notice to you at the email address on your account, in the app, or by posting on the website. Notice to us must be sent by email to [FILL IN: Privacy and legal email] and by mail to [FILL IN: Company legal name], [FILL IN: Company mailing address], with a copy by email. Notices take effect when sent (for email and in-app) or when received (for mail).

31. General

  • Entire agreement. These Terms, the Privacy Policy, and any plan, order or other terms we show you for a specific feature are the entire agreement between us about the Services, and replace earlier discussions. If they conflict, the more specific terms apply to that feature.
  • Assignment. You may not transfer your rights or duties under these Terms without our written consent. We may transfer ours, for example in a merger, sale of assets or reorganization, and will tell you if the change materially affects your rights.
  • Severability and waiver. If a part of these Terms cannot be enforced, the rest still applies, and the unenforceable part will be changed to the smallest extent needed. Not enforcing a part is not a waiver.
  • Force majeure. Neither of us is liable for a failure caused by events beyond reasonable control, such as natural disasters, war, labor disputes, power or internet failures, third-party outages, or government actions. This does not excuse payment obligations.
  • Relationship. We are independent contractors. These Terms do not create a partnership, joint venture, agency, franchise or employment relationship.
  • No third-party rights. Except as Section 27 says, these Terms give no rights to anyone else. Customers of a Contractor are not our customers, and have no claim against us under these Terms.
  • Government users and export. The Services are commercial software and are provided with these Terms. You agree to follow U.S. export and sanctions laws.
  • Headings. Headings are for convenience and do not change the meaning.
  • Language. If these Terms are translated, the English version controls.

32. Contact

[FILL IN: Company legal name], doing business as VisionScaper

[FILL IN: Company mailing address]

Email: [FILL IN: Privacy and legal email]

Phone: