Visperity LLC Terms of Use Agreement

Last Updated: February 14th, 2025

This terms of use agreement applies to any and all services offered by Visperity including this website (Visperity.com), the Ensightx platform, the Live Search Add-on and additional services such as AI usage credits. By accessing this website or using our services, you agree to be bound by these Terms of Use ("Terms").

If you do not agree to the terms below, you cannot use this website and any of the Visperity Software-as-a-Service (SaaS) solutions (apps).

This website, Visperity.com, from this point forward will be referred to as "Site" and the Visperity LLC company and all Visperity apps and services from this point forwared will be referred to as "Visperity". You will be referred to as "User" and/or "you".

VISPERITY.COM SITE TERMS OF USE

Access to the Site

Visperity grants you, the User, a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own informational usage.

The content on Site is intended for users older than 16. To register and use any of the Visperity app or services, you must be at least 18 YEARS OLD and not a resident of any country that is embargoed (sanctioned) by the United States Government (Cuba, Iran, Peoples Republic of (North) Korea , Sudan, Syria, Crimea region of Russia).

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.

Visperity reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that Visperity will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

User Content

“User Content” means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Visperity. Because you alone are responsible for your User Content, you may expose yourself to liability. Visperity is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.

You hereby grant to Visperity an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

Visperity.com Acceptable Use Policy.

The following terms constitute our “Acceptable Use Policy”: You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account and/or reporting you to law enforcement authorities.

If you provide Visperity with any feedback or suggestions regarding the Site, you hereby assign to Visperity all rights in such Feedback and agree that Visperity shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Visperity will treat any Feedback you provide to Visperity as non-confidential and non-proprietary.

You agree to indemnify and hold Visperity and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Visperity reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Visperity. Visperity will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Visperity, and Visperity is not responsible for any Third-Party Links & Ads. Visperity provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Visperity will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

You hereby release and forever discharge Visperity and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Cookies and Web Beacons. Like any other website, this Site uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information. (Read our full privacy policy for more information)

Disclaimers

The site is provided on an “as-is” and “as available” basis, and Visperity and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be aaccurate. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, in no event shall Visperity or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if Visperity has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination.

Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Visperity will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the the General provisions at the bottom of this document remain in effect.

Copyright Policy

Visperity respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

VISPERITY APPS AND SERVICES TERMS OF USE

To register and use any of the Visperity app or services, you must be at least 18 YEARS OLD and not a resident of any country that is embargoed (sanctioned) by the United States Government (Cuba, Iran, Peoples Republic of (North) Korea , Sudan, Syria, Crimea region of Russia).

Services Provided

Visperity provides analytics and site insights based on data retrieved from Google PageSpeed, Google Analytics, and Google Search Console. Additionally, we use AI-driven analysis to evaluate site performance and provide recommendations. Some of our services will collect site content from URLs you provide (web scraping) in order to provide AI enhanced data search services.

Acceptable Use

You agree to use Visperity only for lawful purposes and in accordance with these Terms.

You shall not:

Use Visperity to engage in any fraudulent, illegal, or harmful activities.
Attempt to access, alter, or disrupt any part of Visperity's apps, its servers, connected networks or third-party providers.
Use automated systems, bots, or scripts to scrape, extract, or otherwise misuse data from the Visperity apps or services.
Misrepresent or falsify any data provided to Visperity in order to circumvent usage or feature eligibility restrictions.
Store, dissimentate or distribute any illegal or prohibited content including, but limited to, adult content, using Visperity's servers or third-party CDNs.

We reserve the right to immediately suspend or terminate your access to Visperity if we determine that you have violated these acceptable use policies. Furthermore, If you violate any of the above restrictions, you will void any refund eligibility. (View Refund Policy)

Data Retention

We collect and store site analytics data retrieved through Google PageSpeed, Google Analytics, and Google Search Console solely for the purpose of providing insights and recommendations. We do not retain this data longer than necessary to fulfill its intended purpose. We will automatically retain user's site performance data (insight logs) for 60 days after an account is canceled in case you want to reactivate your subscription and/or request a manual data export. After 60 days, we reserve the right to flush your historical site performance data from our servers. If you prefer to have your performance data deleted after your subscription is canceled, please send an email request to [email protected] and your subscription cancellation will be confirmed and your data will be immediately and permanently removed from our systems. Note: if your data is removed due to a request, it cannot be restored later.

No Liability For AI Recommendations

The information and recommendations provided by Visperity are based on third-party provider's AI-generated content and third-party analytics data. While we strive for accuracy, we do not guarantee the completeness or reliability of any data reporting or site improvement recommendations. You acknowledge that:

Visperity services are provided "as is" and "as available" without warranties of any kind.
We are not responsible for any direct, indirect, incidental, or consequential damages arising from your use any of Visperity's apps or services or by following recommendations provided by AI and applying those to your website(s).
AI recommendations are provided for educational purposes only and we do not guarantee that they will increase your site traffic, revenues or SEO.

GENERAL TERMS (Application To Both Site and Visperity)

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.

Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site.
These changes will be effective immediately for new users of our Site. Continued use of our Site and our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Visperity, or any products utilizing such data, in violation of the United States export laws or regulations.

Visperity is located in San Diego, California. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic Communications. The communications between you and Visperity use electronic means, whether you use the Site or send us emails, or whether Visperity posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Visperity in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Visperity provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Visperity is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Visperity’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Visperity may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Your Privacy. Please read our Privacy Policy.

Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Arbitration Agreement

Any disputes arising out of or related to these Terms or your use of Visperity shall be resolved through binding arbitration. By agreeing to these Terms, you waive your right to a jury trial or to participate in a class-action lawsuit. Any arbitration proceedings shall take place in San Diego, CA, and the decision shall be final and binding.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States.

Contact Information

For any questions about these Terms, please contact us at:

Visperity LLC
1501 India St
Suite 103-1084
San Diego CA 92101

Ph: 888-847-7789
[email protected]

By using the Site and Visperity, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree to the terms outlined above, please cease using the Site and/or Visperity immediately.