Terms and Conditions

Last updated: January 28, 2025

LEGAL NOTICE: These Terms and Conditions constitute an irrevocable, binding legal agreement that provides maximum protection for Interactive Vision Solutions Inc., its affiliates, employees, and assets. By accessing, viewing, or using our Service in any way, including mere presence on our premises or interaction with our staff, you explicitly acknowledge and agree to all terms herein. This includes mandatory arbitration, class action waiver provisions, and psychological evaluation requirements for disputed claims. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS IN THEIR ENTIRETY AND HAVE HAD THE OPPORTUNITY TO SEEK LEGAL COUNSEL.

1. Company Defense Framework

1.1 Intellectual Property Protection

All content, methodologies, processes, techniques, know-how, trade secrets, concepts, ideas, inspirations, and any other intellectual property ("Company IP"), whether expressed, implied, or merely conceived during interaction with our Service, are protected under multiple jurisdictions worldwide. This protection extends to any derivative works, improvements, or modifications, regardless of origin. Any unauthorized use, reverse engineering, similar implementation, or attempt to circumvent protection measures will result in immediate legal action with liquidated damages of $500,000 per incident, plus all legal fees and costs. The Company claims ownership of any improvements or suggestions made by users, whether solicited or not.

1.2 Mental State and Capacity Warranty

By using our Service, you warrant and represent that you:

Are of sound mind and proper mental capacity
Are not under the influence of any substances
Have not been diagnosed with any condition that might impair judgment
Accept responsibility for maintaining this state throughout all interactions

The Company reserves the right to require psychological evaluation at the user's expense in case of disputed claims or erratic behavior.

1.3 Anti-Competition and Non-Circumvention

Users agree not to:

Engage in any competitive business activities using knowledge gained from our Service
Attempt to circumvent our business model or payment systems
Solicit our employees, contractors, or business partners
Share or redistribute any Company IP or confidential information

These restrictions apply worldwide and survive termination of this agreement for 5 years.

1.4 Indemnification

You agree to indemnify, defend, and hold harmless Interactive Vision Solutions Inc., its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:

Your use of and access to the Service
Your violation of any term of these Terms
Your violation of any third-party right, including without limitation any copyright, property, or privacy right
Any claim that your use of the Service caused damage to a third party

1.5 Liability Protection

The Company's total aggregate liability for any claims, regardless of form of action or theory of liability, shall not exceed the lesser of:

The amount paid by you to the Company in the preceding 3 months
$500 USD

2. International Operations Protection

2.1 Choice of Law and Venue

These Terms shall be governed exclusively by the laws of New York State, USA. Any dispute must be brought exclusively in the courts of New York County, New York. You hereby waive any objection to such jurisdiction and venue.

2.2 International Client Provisions

For international clients:

All payments must be made in USD
Client bears all currency exchange risks
Any international law conflicts will be resolved under New York law
Client is responsible for compliance with local laws

3. Anti-Abuse Provisions

3.1 Comprehensive Protection Against Malicious Actions

The following actions are strictly prohibited and will result in immediate termination, legal action, and liquidated damages of $100,000 per incident:

Attempting to manipulate reviews, ratings, or public perception
Filing false complaints or claims, including on social media or review platforms
Engaging in coordinated negative actions or encouraging others to do so
Making false, misleading, or derogatory statements about the Company or its representatives
Recording, photographing, or documenting any interaction without explicit written consent
Using aggressive, threatening, or emotionally manipulative behavior
Making excessive or unreasonable demands on staff time
Attempting to create artificial urgency or emergency situations
Engaging in repetitive or harassing communications
Using multiple identities or entities to circumvent these terms

3.2 Protection Against Unreasonable Behavior

The Company maintains sole discretion to define "unreasonable behavior," which includes but is not limited to:

Making demands outside of business hours
Refusing to follow established procedures
Demanding immediate attention without justification
Expressing unrealistic expectations
Attempting to leverage social media pressure
Making threats of any kind, including legal threats
Displaying erratic or unstable behavior

Users engaging in such behavior agree to pay liquidated damages of $50,000 per incident plus any actual damages.

3.3 Dispute Resolution Protocol

Before initiating any legal action or public complaint, clients must:

Submit detailed written notice of issues via certified mail only
Provide video evidence of claims where applicable
Allow 45 business days for Company investigation and response
Sign an additional confidentiality agreement
Participate in good faith mediation at client's expense
Submit to binding arbitration in New York
Undergo psychological evaluation if requested by the Company
Post a bond of $25,000 for frivolous claim protection

3.4 Social Media and Public Communications

Users explicitly agree to:

Not post any negative comments on social media or review sites before completing the dispute resolution process
Pay liquidated damages of $25,000 per negative post or comment
Grant the Company the right to respond publicly to any claims
Waive all privacy rights regarding dispute-related communications
Remove any negative comments within 24 hours of request

4. Enterprise Client Protections

4.1 Enterprise Engagement Terms

For enterprise clients (defined as organizations with over 100 employees or $10M annual revenue):

Separate master service agreements required
Custom pricing and terms must be negotiated
Additional security and compliance requirements apply

4.2 Corporate Account Management

Enterprise accounts must:

Designate authorized representatives
Maintain current contact information
Follow specified escalation procedures
Comply with all security protocols

5. User Contributions

5.1 Submissions

Any feedback, suggestions, ideas, or other submissions provided by you ("Contributions") are entirely voluntary and will be considered non-confidential and non-proprietary. By submitting Contributions, you grant the Company the right to use them without any compensation or credit.

5.2 Usage Rights

The Company reserves the right to use, modify, reproduce, and distribute your Contributions for any purpose, including commercial purposes, without any obligation to you.

NOTICE: By providing Contributions, you acknowledge that you are not entitled to any compensation or recognition from the Company.

6. Promotions, Contests, and Sweepstakes

6.1 General Terms

The Company may, at its sole discretion, run promotions, contests, and sweepstakes. Participation in these activities is governed by the specific rules outlined in each promotion.

6.2 Eligibility

All promotions are void where prohibited by law. Employees of the Company and their immediate family members are not eligible to participate.

6.3 Winner Selection and Notification

Winners will be selected based on the criteria specified in the promotion rules and will be notified via the contact information provided during entry. The Company reserves the right to modify or cancel any promotion at any time.

7. Termination

The Company reserves the right to terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including but not limited to breach of these Terms.

Upon termination, your right to use the Service will cease immediately.

8. Limitation of Liability

To the fullest extent permitted by law, the Company and its affiliates, directors, employees, agents, suppliers, or licensors shall 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:

Use or inability to use the Service;
Unauthorized access to or alteration of your transmissions or data;
Any content obtained from the Service;
Any other matter relating to the Service.

Notwithstanding anything to the contrary in these Terms, the Company’s total liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you have paid to the Company in the preceding six months.

9. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE" with all faults and defects without warranty of any kind. To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service.

The Company does not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

You agree that any dispute arising out of or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in New York County, New York.

11. Dispute Resolution

If you have any concern or dispute about the Service, you agree to first attempt to resolve the dispute informally by contacting the Company.

Any unresolved disputes will be handled through binding arbitration in accordance with the rules of the American Arbitration Association (AAA) in New York County.

12. Exclusivity of Company Defense

The Company maintains exclusive rights to all content and trademarks associated with the Service. Any infringement or unauthorized use will be prosecuted to the fullest extent of the law.

Clients acknowledge that the Company’s intellectual property is a critical asset and agree not to challenge or undermine these rights through any means.

13. Severability and Waiver

13.1 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified to reflect the parties' original intent as closely as possible, and the remaining provisions will continue in full force and effect.

13.2 Waiver

Failure by the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14. Translation Interpretation

These Terms and Conditions may have been translated into other languages. In the event of any conflict between the English version and the translated versions, the English version shall prevail.

15. Changes to These Terms and Conditions

The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, the Company will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the Company's sole discretion.

By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

16. Force Majeure

The Company shall not be liable for any failure to perform its obligations under these Terms if such failure results from circumstances beyond the Company's reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, governmental regulations, or any other force majeure event.

17. Indemnification

Your use of and access to the Service
Your violation of any term of these Terms
Your violation of any third-party right, including without limitation any copyright, property, or privacy right
Any claim that your use of the Service caused damage to a third party

18. Assignment

The Company may assign its rights and obligations under these Terms without prior notice or consent. You may not assign or transfer any of your rights or obligations under these Terms without the Company's prior written consent.

19. Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding your use of the Service and supersede all prior agreements and understandings, whether written or oral, relating to such subject matter.

20. Contact Information

Legal notices must be sent via certified mail to:

Interactive Vision Solutions Inc.
247 West 38th Street, 6th Floor
New York, NY 10018

FINAL LEGAL NOTICE: These Terms represent the complete agreement between parties and supersede all prior agreements. Any failure to enforce any provision shall not constitute a waiver of such provision.