Please read these Terms of Use (“Terms”) carefully before using Getvisibility (the “Service”).

By using the Service, you agree to resolve any disputes with Getvisibility through binding arbitration, waiving your right to pursue legal recourse except for small claims court matters. An impartial arbitrator will determine your rights, rather than a judge or jury, and class action claims are not permitted. For more information, please refer to Section XI (“Arbitration, Class Waiver, and Waiver of Jury Trial”) regarding your agreement to arbitrate disputes with Getvisibility.

These Terms include Getvisibility’s Privacy Policy, which is incorporated by reference. Annotations in boxes are provided for convenience and do not have legal or contractual effect.

This agreement is a legally binding contract and may change as our business evolves. It is your responsibility to regularly review it and any updates. Your continued use of the Service signifies your acceptance of any changes to these Terms.

a. Binding Agreement. These Terms constitute a binding agreement between you and Getvisibility, its affiliates, and subsidiaries (“Company,” “we,” or “us”). “You” and “users” refer to all visitors to the Service. By accessing the Service, you accept these Terms. If you do not agree to these Terms, refrain from using the Service. To use the Service, you must be at least 18 years old, or have the permission of a parent or guardian as outlined in Section III(a) below.

b. Revisions to Terms. We may revise these Terms at any time by posting an updated version. However, we will strive to provide prior notice of any significant changes. It is your responsibility to periodically review this page for the most current Terms, as you are bound by them. Your continued use of the Service following a change in these Terms indicates your acceptance of the revised Terms.

The term “Service” encompasses the Company’s website (referred to as the “Website”), mobile application, or any other Internet service, wholly or partially controlled by the Company, that promotes the Company’s products and services related to safeguarding customer data.

a. Children. The Service is not intended for individuals under the age of 13. If you are under 13 years old, please refrain from using or accessing the Service in any way. By using the Service, you confirm that you are either at least 18 years old or have obtained authorization from a parent or guardian who is at least 18 years old to use the Service.

b. Representative of a Company, Entity, or Organization. If you are using the Service on behalf of a company, entity, or organization (referred to as the “Organization”), you hereby declare and warrant that:

1. You are an authorized representative of the Organisation.
2. You possess the authority to bind the Organization to these Terms.
3. You agree to be bound by these Terms on behalf of the Organisation.

Getvisibility may communicate with you through email or by posting notices on the Service. If you wish to receive written notice of security breaches, you can make a request to us.

a. Email. By providing your email address to us through the Service, you agree to receive email communications from us.

b. Electronic Notices. By using the Service or providing personal information to us, you consent to receive electronic communications from us regarding security, privacy, and administrative matters related to your use of the Service. In the event of a security breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to the address you provided. If you have the legal right to receive written notice, you can request it by contacting us at info@getvisibility.com . Additionally, you have the option to withdraw your consent for receiving electronic notices.

a. The Service’s content, which includes designs, text, graphics, images, videos, information, logos, button icons, software, audio files, computer code, and other content owned by the company (collectively referred to as “Company Content”), is protected by copyright, trademark, and other laws. The Company or its licensors own all Company Content and the compilation of such content (meaning the collection, arrangement, and assembly).

b. License Granted to You
We grant you a revocable license to access and use the Service, subject to these Terms. Any other use of the Service is strictly prohibited. You must not use the Company Content without proper authorization, as it may violate copyright, trademark, and other applicable laws. When making copies of the Company Content, you must retain all copyright, trademark, service mark, and other proprietary notices included in the original content.

c. Use of Company Marks
The trademarks of the Company, including the Company logo and other logos and product or service names (collectively referred to as “Company Marks”), are owned by the Company. Without our prior written permission, you agree not to use or display the Company Marks in any manner, except as enabled by provided links.

We value your feedback, but please note that if you send us creative ideas, we may utilize them without providing compensation.

We appreciate receiving input from our users and encourage your comments regarding the Service. However, please be aware that if you submit creative ideas, suggestions, inventions, or materials (referred to as “Creative Ideas”), the following conditions apply:

1. We will exclusively own all rights to the Creative Ideas, whether currently known or discovered in the future.
2. We are not obligated to maintain confidentiality and shall not be held liable for any use or disclosure of the Creative Ideas.
3. We have the unrestricted right to utilize the Creative Ideas for any purpose, commercial or otherwise, without compensating you or any other individual.
4. User Prohibitions

Please refrain from engaging in harmful activities, attempting to disrupt or compromise the Service, or appropriating our diligent efforts.

a. By using the Service, you agree to adhere to its intended purpose. You must comply with all applicable laws related to privacy, data protection, intellectual property, and other relevant regulations. The following guidelines must be followed:

1. Access the Service solely through its provided functionality and as permitted by these Terms.
2. Unless expressly authorized, do not copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Service without prior written authorization from the Company. This includes actions such as altering, defacing, mutilating, or bypassing any approved software used to access the Service, as well as using any trademarks, service marks, design marks, logos, photographs, or other content belonging to the Company without consent or obtained through the Service.
3. Do not bypass, circumvent, damage, or interfere with any security features or other mechanisms designed to regulate the Service’s usage. Additionally, refrain from harvesting or mining Company Content from the Service, or accessing or using the Service in a manner inconsistent with typical human usage.
4. Except as explicitly permitted by these Terms, authorized features of the Service, applicable laws, or with the Company’s consent, do not undertake, cause, permit, or authorize the translation, reverse engineering, disassembling, or hacking of any aspect of the Service, including Company Content available through the Service. Similarly, do not attempt to use or access any portion of the Service other than as intended by the Company.
5. Do not use, display, mirror, frame, or employ framing techniques to enclose the Service, including any Company Content accessible through the Service or any part thereof, within any other application or website unless explicitly provided by the Company for embedding purposes.
6. Avoid accessing, tampering with, or using non-public areas of the Service, Company’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Company’s providers.
7. Do not engage in harassment, abuse, harm, or advocate or incite such behavior towards another person or group, including Company employees and other users.
8. Refrain from providing false personal information, creating false identities, or impersonating another person or entity in any way.
9. Do not solicit or attempt to solicit personal information from other users.
10. Do not restrict, discourage, or inhibit any individual from using the Service, disclosing personal information about a third party without their consent, or collecting information about users.
11. Do not gain unauthorized access to the Service, other users’ names, personally identifiable information, or other computers or websites connected to or linked with the Service.
12. Avoid transmitting or making available any viruses, worms, spyware, or any other computer code, file, or program intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, telecommunications

If your actions are deemed unacceptable, your use of the Getvisibility Service may be prohibited.

a. We retain the right to deny access to the Service at our discretion, and we reserve the right to refuse future provision of the Service to you.

b. Any claims, fees, fines, penalties, or other liabilities incurred by us or others due to your violation of these Terms and your use of the Service are your responsibility.

a. Service Changes: We reserve the right to modify, suspend, or discontinue any aspect of the Service, including the Site’s availability or features, without prior notice or liability.

b. User Disputes: We are not responsible for disputes or disagreements between you and any third party you interact with on the Service. You assume all risks associated with such interactions and agree to resolve disputes directly with the involved parties. By using the Service, you release the Company from any claims, demands, or damages arising from disputes among users and agree not to involve us in such matters. Please exercise caution and use common sense when using the Service.

c. Content Accuracy: We do not guarantee the accuracy, reliability, completeness, or timeliness of any content provided through the Service. Similarly, we make no representations regarding the accuracy, reliability, completeness, or timeliness of data from third-party service providers, or the quality or nature of third-party products or services obtained through the Service. You use the Service at your own risk.

d. Third-Party Sites: The Service may contain links to third-party websites and applications (“Third-Party Sites”). It is your responsibility to assess whether you want to access or use them. We do not endorse any features, content, advertising, products, or materials on other websites or applications, and we are not responsible for them. By using Third-Party Sites, you assume all risks, and to the fullest extent permitted by law, we disclaim any liability arising from your use of them.

e. No Promises or Guaranteed Results: We do not make any promises or guarantees regarding specific results obtained from using the Service. To the fullest extent permitted by law, we disclaim all liability in this regard.

f. Released Parties: The term “Released Parties” includes the Company, its affiliates, officers, employees, agents, partners, and licensors.

g. Disclaimer of Warranties: Your use of the Service is at your own risk. We provide the Service on an “as is” and “as available” basis, and the Released Parties expressly disclaim all warranties, whether express or implied. This includes warranties regarding products or services offered by businesses listed on the Service, as well as implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Released Parties do not warrant that the Service will meet your requirements, be uninterrupted, timely, secure, error-free, or that the results obtained from the Service will be accurate or reliable. You acknowledge that any material accessed through the Service is at your own discretion and risk, and you are solely responsible for any resulting damage to your computer system or mobile device or loss of data.

h. Limitation of Liability and Indemnification: We are not liable for any incidents or damages connected to your use of the Service. If your use of the Service leads to our involvement in litigation, you agree to cover all legal fees and costs for the Released Parties. To the fullest extent permitted by law, the Released Parties shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses. This applies to damages resulting from the use or inability to use the Service, the cost of obtaining substitute goods or services, unauthorized access or alteration of your transmissions or data, statements or conduct of any user or third party on the Service, your reliance on content provided by us, or any other matter related to the Service. In any case, the maximum liability of the Released Parties, regardless of the cause of action, will not exceed $100.

i. Indemnification: To the fullest extent permitted by law,

These Terms constitute the entire agreement between you and the Company regarding your use of the Service. The Company’s failure to exercise or enforce any right or provision of these Terms shall not be deemed as a waiver of such right or provision. In the event that a court of competent jurisdiction finds any provision of these Terms invalid, the parties agree that the court should strive to give effect to the intentions of the parties as reflected in the provision, while the remaining provisions of these Terms shall remain in full force and effect. The section titles and annotations in these Terms are included for convenience purposes only and do not have any legal or contractual effect.

As the Company is located in Ireland, all disputes must be resolved there. Arbitration will be utilized to settle any issues, and you are not allowed to participate in a class action lawsuit or request a jury trial for any disputes related to your use of the Service.

a. General Approach. With the aim of resolving disputes between you and the Company in the most efficient and cost-effective manner, both parties agree that any dispute arising out of or in connection with these Terms or your use of the Service shall be resolved through binding arbitration. Arbitration is a less formal process than a court proceeding, with a neutral arbitrator replacing a judge or jury. Arbitration may involve more limited discovery compared to court proceedings and its review by courts can be highly restricted. Arbitrators have the authority to grant the same damages and relief as a court. This agreement to arbitrate disputes encompasses all claims arising out of or in connection with these Terms or your use of the Site or Products, regardless of whether a claim arises during or after the termination of these Terms. BY AGREEING TO THESE TERMS, YOU UNDERSTAND AND AGREE THAT, BOTH YOU AND THE COMPANY ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

b. Exceptions. Notwithstanding the provisions set forth in the above section titled “General Approach,” nothing in these Terms shall be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable authorities in Ireland, whether federal, state, or local, if such action is available; (iii) seek injunctive relief in a court of law; or (iv) file a lawsuit in a court of law to address an intellectual property infringement claim.

c. Arbitrator. Any arbitration between you and the Company shall be governed by the laws of Ireland and conducted in accordance with the arbitration rules of the Irish Arbitration Association (“IAA”). The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

d. Notice and Process. If either party intends to initiate arbitration, a written notice of the dispute must be sent to the other party via registered mail or email (“Notice”). The Company’s address for Notice is: info@getvisibility.com and Getvisibility,4700 Avenue 4000 Cork T12 Cork. The Notice must: (i) describe the nature and basis of the claim or dispute, and (ii) specify the relief sought (“Demand”). The parties shall make good faith efforts to resolve the claim directly, and if an agreement is not reached within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, neither party may disclose the amount of any settlement offer made until after the arbitrator makes a final decision and award, if any.

e. Fees. If you initiate arbitration in accordance with these Terms, the Company shall reimburse you for the filing fee, unless your claim exceeds €10,000