1. Introduction
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer”, “you”) and Vissi (“Vissi”, “we”, “us”) regarding your access to and use of Vissi’s platform, website, and associated services (collectively, the “Services”). By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, you must immediately cease use of the Services.
2. Definitions
- “Account” — The registered account through which you access the Services.
- “End Users” — Individuals who receive, view, or use wallet passes generated by you through the Services.
- “Customer Data” — All data, content, and information (including text, images, and logos) provided by you to Vissi.
3. Account Registration
To use the Services, you must register for an Account. You agree to provide accurate, current, and complete information during registration and to keep such information updated.
You are responsible for safeguarding your account credentials. You agree to notify us immediately of any unauthorized use of your Account. Vissi is not liable for any loss or damage arising from your failure to protect your credentials.
4. Use of Services
4.1 License Grant
Subject to your compliance with these Terms, Vissi grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.
4.2 Restrictions
You shall not:
- Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
- Violate any right of a third party, including by infringing or misappropriating any intellectual property right.
- Reverse engineer, decompile, or attempt to extract the source code of the Services.
- Copy, modify, or create derivative works of the Services.
5. Content and Pass Issuance
5.1 Official Pass Issuer
Vissi is the official pass issuer for all wallet passes (Apple Wallet, Google Wallet) generated through the Services. Passes are issued under Vissi's own Apple Developer Account and Google Wallet Issuer ID. You acknowledge and agree that:
- You do not own or control the certificates, private keys, or issuer identities used to sign passes.
- Vissi retains full authority over certificate management, key rotation, pass revocation, and emergency shutdown capabilities.
- Vissi may, at its sole discretion, revoke, suspend, or disable any pass at the platform level.
5.2 Customer Content Responsibility
You are solely responsible for the design, content, branding, promotions, and accuracy of information represented in the wallet passes you create. You represent and warrant that:
- You have all necessary rights, licenses, and permissions to use such content.
- Your pass content does not violate any applicable laws, regulations, or third-party rights.
- Your pass content is not fraudulent, misleading, defamatory, or otherwise harmful.
Before issuing or updating passes, you acknowledge that you are responsible for ensuring legal compliance and accuracy of all pass content. Vissi, as the technology provider, is not responsible for reviewing or approving the content of individual passes.
5.3 Platform Compliance
Passes must comply with the policies and guidelines of third-party wallet providers (e.g., Apple Wallet, Google Wallet). Vissi assumes no liability for pass rejections, removals, or account suspensions imposed by these providers due to policy violations.
6. Fees and Payments
- 6.1 Pricing: Fees are determined by your selected plan. Payments are made in the currency specified at checkout (USD for international, MXN for Mexico).
- 6.2 No Refunds: All fees are non-refundable, except as required by applicable law.
- 6.3 Taxes: You are responsible for all applicable taxes arising from your use of the Services.
7. Intellectual Property Rights
Vissi IP: The Services, including all software, code, interfaces, text, and graphics, are proprietary to Vissi and are protected by intellectual property laws.
Customer IP: You retain ownership of your Customer Data. You grant Vissi a license to use, reproduce, and display Customer Data solely as necessary to provide the Services.
8. Confidentiality
Each party agrees to protect the other’s Confidential Information with the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. Confidential Information includes business plans, technical data, and financial information.
9. Indemnification
You agree to indemnify, defend, and hold harmless Vissi, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; or (c) your violation of any third-party right, including intellectual property rights.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VISSI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VISSI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. VISSI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO VISSI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12. Suspension & Termination
12.1 Platform-Level Suspension
As the official pass issuer, Vissi reserves the right to immediately suspend or terminate your access to the Services and your ability to issue new passes at any time, with or without cause, and with or without prior notice. Suspension or termination may occur in cases including, but not limited to:
- Violation of these Terms or any applicable Acceptable Use Policy.
- Non-payment of fees or chargebacks.
- Fraudulent, misleading, or illegal pass content.
- Policy violations reported by Apple, Google, or other wallet providers.
- Activities that harm Vissi's reputation or the integrity of the platform.
- Any other reason deemed necessary to protect Vissi, its users, or the public.
12.2 Effect of Suspension
Upon suspension, you will be immediately prevented from issuing new passes. Existing passes in end users' wallets may remain visible but cannot be updated. Vissi reserves the right to revoke existing passes at its sole discretion.
12.3 No Refunds
No refunds will be provided for fees paid prior to suspension or termination, except as required by applicable law.
12.4 Voluntary Termination
You may terminate your Account at any time by contacting support. Upon termination, your access to the Services will cease, and any outstanding fees will remain due.
13. General Provisions
- 13.1 Governing Law: These Terms are governed by the laws of Mexico.
- 13.2 Severability: If any provision of these Terms is held invalid, the remaining provisions shall remain in full force and effect.
- 13.3 Entire Agreement: These Terms constitute the entire agreement between the parties regarding the Services.