Last updated: 3/16/2024

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between VISIONDELIGHT LLC, a limited liability company organized under the laws of the state of Massachusetts (“Vision Delight”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Vision Delight’s website: www.visiondelight.co (the “Website”) and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Vision Delight shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Vision Delight for services rendered shall remain and continue to be an ongoing obligation owed by Client to Vision Delight.

  1. Intellectual Property Rights Unless otherwise indicated, the Website is the property of Vision Delight, and all source code, databases, functionality, software, architecture visualization designs, audio, video, text, photographs, and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by Vision Delight and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Vision Delight’s express prior written permission. Vision Delight reserves all rights in the Website, Content, and Marks.
  2. Ownership of Materials Notwithstanding Vision Delight’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all architecture visualization and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Vision Delight to become the owner of a Project, in whole or in part, rather than Client, Vision Delight irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. The Client warrants that any and all materials provided to Vision Delight as examples or as material to be incorporated into a project during the architecture visualization process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Vision Delight always reserves the right to share the Client's architecture visualization work publicly (social media, website, etc.) unless agreed upon as stated in section 17 of this document.
  3. User Representation By using the Website, Client represents and warrants that: Client has the legal capacity and agrees to comply with these Terms of Use; Client is not a minor in the jurisdiction of their domicile; Client will not access the Website through automated or non-human means; Client will not use the Website for any illegal or unauthorized purpose; Client’s use of the Website will not violate any applicable law or regulation.
  4. Prohibited Activities Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Vision Delight on behalf of the Client. Further, Client agrees to refrain from making any unauthorized use of the Website, including but not limited to, circumventing security features, engaging in unauthorized linking or framing, transmitting viruses or harmful code, or using the Website in any manner that competes with Vision Delight.
  5. Client Feedback Client acknowledges and agrees that any feedback or submission provided to Vision Delight shall become the sole property of Vision Delight, with the company free to use such submissions without restriction or compensation to the Client.
  6. Management and Oversight Vision Delight reserves the right to monitor the Website and enforce these Terms of Use as necessary, including taking legal action against violators and restricting access to the Website at Vision Delight’s sole discretion.
  7. Privacy Policy By using the Website, the Client consents to the collection and use of personal data as outlined in the Privacy Policy, acknowledging that data transferred to the United States will be subject to U.S. law.
  8. Returns and Refunds Vision Delight may offer refunds at its sole discretion, subject to a processing fee and the condition that all materials provided to the Client are returned or cease to be used by the Client. If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period. Should a refund be granted, specific terms, including any fees or deductions, will be communicated to the Client, and Vision Delight reserves the right to take legal action against any breaches of this agreement.
  9. Modification Vision Delight reserves the right to modify, alter, or update the Terms of Use, the Website, and any services offered at its sole discretion without prior notice. Clients are encouraged to periodically review the Terms to stay informed of any changes. Continued use of the Website after any such changes constitutes acceptance of the new Terms.
  10. Connection Interruptions Vision Delight does not guarantee uninterrupted access to the Website. The Client acknowledges that access may be temporarily suspended or restricted due to system failure, maintenance, repair, or reasons beyond Vision Delight’s control. Vision Delight will not be liable for any loss or damage arising from the inability to access or use the Website during any downtime or discontinuance of the Website.
  11. Governing Law These Terms of Use shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. The Client agrees to submit to the personal jurisdiction of the state and federal courts located in Massachusetts for any legal proceedings related to these Terms of Use.
  12. Litigation Any disputes arising out of or in connection with these Terms of Use shall be resolved through litigation in the courts of the Commonwealth of Massachusetts. The parties agree to the exclusive jurisdiction of these courts and waive any objection to the propriety or convenience of venue in such courts.
  13. Disclaimer The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. Vision Delight disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Vision Delight makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Vision Delight assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Vision Delight’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. Vision Delight does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.
  14. Limitations of Liability and Indemnification Vision Delight, its affiliates, and their respective officers, directors, employees, agents, licensors, or service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from the use or inability to use the Website. The Client agrees to indemnify and hold harmless Vision Delight and its affiliates from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to the Client's violation of these Terms of Use or use of the Website, including but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use.
  15. User Data Vision Delight is not responsible for any user data transmitted to or from the Website and disclaims any responsibility for the loss or damage to such data. The Client is solely responsible for creating backups of any data they do not wish to lose.
  16. Electronic Communications, Transactions, and Signatures Using the Website, sending emails to Vision Delight, and completing online transactions constitute electronic communications. The Client consents to receive electronic communications and agrees that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. The Client agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website.
  17. Showcasing Design Work Unless explicitly agreed otherwise, Vision Delight reserves the right to display any projects, designs, or works created for the Client in its portfolio, on social media, or other marketing materials. Clients may request a non-disclosure agreement (NDA) if confidentiality is required.