Terms of Service

Effective date: 09.07.2024
Provider: Vizguard SIA, Reg. nr: 50203760801, Ernesta Birznieka-Upīša iela 10, Riga, LV-1010, Latvia

These Terms of Service govern access to and use of the Vizguard website, platform, APIs, integrations, and related services. Vizguard is a no-code visual and accessibility testing platform designed to help teams record workflows, run visual regression checks, perform accessibility audits, and generate actionable reports across production, staging, and local environments.

By creating an account, accessing the Service, or using Vizguard in any way, the customer agrees to these Terms. If the user accepts these Terms on behalf of a company or other legal entity, that user represents that they have authority to bind that entity to these Terms.

1. Definitions

For purposes of these Terms:

• Service means the Vizguard software, website, hosted platform, APIs, integrations, reports, and related documentation.
• Customer means the company, organization, or individual that registers for or uses the Service.
• Authorized User means a person permitted by the Customer to access the Service under the Customer’s account.
• Customer Content means workflows, screenshots, URLs, accessibility results, configuration settings, comments, attachments, and any other data submitted to or generated within the Service through Customer use.
• Order means any subscription selection, checkout flow, quote, statement of work, or other ordering document accepted by Vizguard.

2. Eligibility and accounts

The Service is intended for business use by software teams, agencies, and other professional users managing websites or web applications.

The Customer must provide accurate account information and keep it current. The Customer is responsible for all activity under its account, for maintaining the confidentiality of credentials, and for ensuring that each Authorized User uses the Service in compliance with these Terms.

3. Scope of service

Vizguard provides tools to record real user workflows, capture screenshots, replay flows, compare visual changes, run accessibility checks, and generate reports that can support issue tracking, QA review, and compliance workflows.

Certain features may vary by plan, deployment model, or product stage. Available materials describe subscription tiers ranging from free through enterprise, with feature and run limits that differ by plan, and also indicate that the platform is in beta or pre-launch stages for some offerings.

Vizguard may modify, improve, replace, or discontinue features from time to time. Where changes materially reduce core paid functionality, reasonable notice will be provided unless the change is necessary for security, legal compliance, or abuse prevention.

4. Beta services

Some parts of the Service may be offered as alpha, beta, preview, early access, or trial features. Product materials indicate closed beta activity, public beta signup, and phased roadmap delivery before a broader launch.

Beta features may be incomplete, changed without notice, or subject to additional limits. Unless otherwise stated in writing, beta features are provided “as is” without service commitments, uptime guarantees, or warranties of any kind to the maximum extent permitted by law.

5. Customer responsibilities

The Customer is responsible for:

• ensuring it has the right to test the websites, applications, accounts, and environments submitted to the Service;
• ensuring that use of the Service does not violate contracts, laws, intellectual property rights, privacy rights, or security obligations;
• configuring tests appropriately, including masking or excluding dynamic or sensitive content where needed, because Vizguard supports selective hiding of such content during comparisons;
• obtaining all required notices, consents, and internal approvals for any personal data processed through the Service;
• reviewing reports and outputs before relying on them for legal, accessibility, security, or compliance decisions.

The Customer remains solely responsible for the content and legality of its workflows and test targets.

6. Acceptable use

The Customer may not, and may not permit any third party to:

• use the Service for unlawful, infringing, deceptive, or harmful purposes;
• access, scan, test, or automate websites or systems without authorization;
• use the Service to collect, store, or expose special category data or highly sensitive information unless expressly supported and secured under a separate written agreement;
• interfere with the Service, bypass rate limits, or attempt to gain unauthorized access to accounts, infrastructure, or non-public areas;
• reverse engineer, copy, resell, or commercially exploit the hosted Service except as expressly permitted by these Terms or applicable open-source licenses;
• upload malware, malicious scripts, or content intended to disrupt browser automation or infrastructure.

7. Customer content and data processing

Vizguard processes workflow recordings, screenshots, interaction data, accessibility findings, and related metadata in order to provide the Service.

As between the parties, the Customer retains ownership of Customer Content. The Customer grants Vizguard a non-exclusive, worldwide, limited license to host, copy, process, transmit, and display Customer Content only as necessary to operate, secure, support, and improve the Service.

Where Vizguard processes personal data on behalf of the Customer, the parties will enter into a data processing agreement where required by law. Available materials state that GDPR-oriented capabilities such as data processing agreements, right to erasure, and data portability support are part of the intended compliance posture.

8. Security

Vizguard uses technical and organizational measures intended to protect Customer Content and service integrity. Product materials describe measures such as isolated browser execution, screenshot encryption at rest, encrypted credential handling, and audit logging, while also noting that some certifications and controls are planned rather than currently guaranteed.

The Customer acknowledges that no service can be completely secure and that security obligations are shared. The Customer is responsible for securing its own endpoints, user accounts, source environments, and downstream integrations.

9. Integrations and third-party services

The Service may integrate with third-party tools such as CI/CD systems, issue trackers, email, or collaboration tools. Product materials reference CLI and API use and support for CI systems such as GitHub Actions, GitLab CI, Jenkins, and custom pipelines.

Third-party services are governed by the third party’s own terms and privacy practices. Vizguard is not responsible for third-party services, their availability, or their handling of Customer data.

10. Fees and payment

Paid access to the Service is subscription-based. Available product materials describe plan-based pricing, including free, starter, advanced or professional, pro, and enterprise-style tiers with differing workflow and run limits, though exact packaging may evolve.

Unless otherwise stated in an Order:

• fees are payable in advance on a monthly or annual basis;
• subscriptions renew automatically for successive terms unless canceled before renewal;
• all fees are non-refundable except where required by law or expressly stated otherwise;
• taxes, duties, and similar charges are the Customer’s responsibility except for taxes based on Vizguard’s net income.

Vizguard may change pricing or packaging on prospective renewal by giving reasonable prior notice.

11. Intellectual property

Vizguard and its licensors retain all rights, title, and interest in and to the Service, including software, reports templates, branding, documentation, and all related intellectual property rights, except for Customer Content owned by the Customer.

If any self-hosted or open-source components are made available, those components are governed by their applicable license terms. Product materials indicate that certain core engines were contemplated as open source while hosted SaaS and enterprise features remain proprietary; any actual rights depend on the license and product version made available to the Customer.

Vizguard may use feedback without restriction or compensation.

12. Confidentiality

Each party may receive non-public information from the other party that is marked confidential or should reasonably be understood as confidential. Each party will protect the other party’s confidential information using reasonable care and will use it only as needed to perform or exercise rights under these Terms.

Confidentiality obligations do not apply to information that is publicly available without breach, already known without obligation, independently developed, or lawfully received from a third party.

13. Warranties and disclaimers

Vizguard warrants that the hosted Service will materially conform to the then-current documentation under normal use during the subscription term.

Except as expressly stated in these Terms, the Service is provided on an “as is” and “as available” basis to the maximum extent permitted by law. Vizguard does not warrant that the Service will be uninterrupted, error-free, or suitable for every compliance, accessibility, or legal purpose, and automated findings should not be treated as legal advice or a guarantee of regulatory compliance.

14. Limitation of liability

To the maximum extent permitted by law:

• neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, or data;
• each party’s total aggregate liability arising out of or related to these Terms will not exceed the amounts paid or payable by the Customer to Vizguard under the applicable Order during the 12 months before the event giving rise to the claim.

The limitations in this section do not exclude liability that cannot be limited under applicable law, including liability for fraud, fraudulent misrepresentation, willful misconduct, or death or personal injury caused by negligence where such exclusion is prohibited.

15. Indemnity

The Customer will indemnify and hold harmless Vizguard from third-party claims arising out of or related to the Customer’s use of the Service in violation of these Terms, including claims relating to unauthorized testing, unlawful content, privacy violations, or infringement caused by Customer Content.

Vizguard will indemnify the Customer against third-party claims alleging that the hosted Service, when used as authorized, directly infringes intellectual property rights, subject to customary exclusions such as modifications, combinations, or use outside the documentation.

16. Suspension and termination

Vizguard may suspend access immediately if necessary to prevent harm, address security issues, comply with law, or stop material breaches of these Terms.

Either party may terminate for material breach if the breach is not cured within 30 days after written notice. Vizguard may also terminate free or beta access at any time. Upon termination, the Customer’s right to use the Service ends, and Vizguard may delete Customer Content in accordance with its retention practices and legal obligations.

17. Governing law and disputes

These Terms are governed by the laws of [Insert EU Member State], excluding conflict-of-laws rules. The courts of [Insert city and Member State] will have exclusive jurisdiction unless mandatory consumer or data protection law requires otherwise.

If the Customer is established in another jurisdiction, the parties may instead agree in an Order to arbitration or another forum.

18. Changes to these terms

Vizguard may update these Terms from time to time. Material changes will apply prospectively and will be communicated through the Service, email, or another reasonable method. Continued use of the Service after the effective date of updated Terms constitutes acceptance of the revised Terms.

19. Contact

Vizguard SIA
Ernesta Birznieka-Upīša iela 10, Riga, LV-1010, Latvia
info@vizguard.com

20. Practical notes before publishing

Before publishing this Terms of Service, the following points should be finalized so the document matches the actual business and product setup:

• legal entity name, registered address, and governing-law clause;
• whether the contract is strictly B2B or also available to sole traders and consumers;
• renewal, cancellation, notice, and refund mechanics for each subscription plan;
• whether open-source components are actually released under a public license or remain planned only;
• exact beta language for the current stage of the product, since the current materials refer to closed beta, public beta preparation, and phased launch timing.