Introduction
Thanks for being a customer! We hope that our products are helping to make your life easier. These Terms and Conditions (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully.
These Terms apply to the DailyBalance, Passwords Plus, and Docs To Go products from DataViz, Inc. (“DataViz” or “we”), as well as the use of the DataViz website. These are collectively referred to here as the “Service”. DailyBalance and Passwords Plus are client applications that rely on supporting servers and service components for their normal operation and are included as part of the Service. These servers and service components are responsible for backing up your app data, storing your data on our servers, synchronizing your data across your devices, validating user account credentials, and other operational activities. The DataViz website is also part of the Service as it provides download of client applications, account management, and other product related actions. Use of the DataViz website for all purposes is covered under these Terms.
By using the Services, you acknowledge that you have read, understood, and agree to stay up to date with the Terms.
Changes to these Terms
DataViz reserves the right to modify these Terms at any time. If we do need to make changes, we will update the Change Log at the bottom of this page and will notify you of significant modifications via the email address registered with your account. DataViz, at its sole discretion, will make the determination as to what constitutes a significant change to the Terms. We will make every effort to notify you at least fifteen (15) days prior to the new Terms going into effect in the case of significant changes. Your further use of the Services after a change to the Terms will be subject to the updated policy. If you do not agree to the updated Terms, you should stop using the Service.
Minimum Age Requirements
You may access and use the Service only if you are 13 years or older and are allowed to use the Service under local law. When purchasing access to the Service, you must be 18 years or older and have the legal capacity to enter into this agreement.
Privacy Policies
The DataViz Privacy Policy (see here) explains the personal data that we collect and how we handle it to protect your privacy when using the Service. The DataViz Cookie Policy (see here) explains the Service’s use of cookies. By using the Service, you acknowledge that you understand and agree to these policies.
Links To Third-Party Websites
The Service may contain links to third-party web sites or services. DataViz provides these links when needed as a convenience to you. DataViz is not responsible for the content, services, or policies of any third-party website or service. You acknowledge your sole responsibility and assume all risk arising from the content, services, or policies of such websites or services. You agree that DataViz shall not be held liable, directly or indirectly, for any harm caused by such websites or services.
Your Data in the Service
Docs To Go allows you to create and edit files in office file formats. These files are never sent to DataViz servers and at no time does DataViz have copies of these files.
DailyBalance allows you to create data in the product in the form of tasks, triggers, and related items. Passwords Plus allow you to create data in the product in the form of password records and related items. For the purpose of these Terms, your data created in DailyBalance or in Passwords Plus are referred to as “Your Data”.
You retain ownership and all rights to Your Data. When you store, send or receive Your Data in the Service, you agree to grant DataViz and its service partners license to store, upload and download Your Data for the purpose of providing the Service to you. This includes the license to host, backup and copy Your Data on our servers as needed to enable the operation of the Service. You agree that DataViz shall have no liability for, and expressly release DataViz from any and all liability due to a failure or security breach of our service partners.
File Encryption Passwords
Some parts of the Service may permit you to protect certain specified sensitive information on your personal devices using a password to encrypt and protect such information. If you lose or forget the password , you will not be able to recover the information you have encrypted. You understand that weak passwords (obvious, less than seven characters, no numbers or special characters, all one case) lessen the protection value of encryption by increasing the risk that someone can discover your password. You are responsible for selecting a strong password and appropriately safeguarding it. You acknowledge hardware failures may also prevent decryption of your information.
Updates to the Service
In order to use the Service, you may need to download and install software applications or components (“Client Software”) for your devices running operating systems such as Windows, macOS, iOS, Android, and others. The Client Software may automatically update itself on your device when new versions become available. On some operating systems, you may be able to adjust the automatic update settings to control this behavior. On other operating systems, you may not be able to control this behavior, and the Client Software will update itself as needed. This is required for the operation of the Service because your data may become inaccessible by older releases of the Client Software.
DataViz, in its sole discretion, may add, discontinue, or modify the behavior of software features in the normal course of improving or maintaining the Service. DataViz may also, at any time, establish policies and practices to alter the operation and availability of Service features (e.g., modifying limits on content storage or bandwidth consumption). DataViz may provide updates and/or fixes as it elects, in its sole discretion, but it shall be under no obligation to do so. You agree not to interfere with or prevent the Service software from automatically performing any such updates.
DataViz may temporarily suspend operation of some aspects of the Service as needed for maintenance or other reasons. There may also be interruptions in the availability of the Service because of issues with our service partners or for other reasons beyond our control. We will make every effort to ensure any temporary suspensions or interruptions of the Service are for reasonably short time periods, but DataViz is not liable for any inconvenience or harm caused by your inability to access the Service during one of these periods.
Termination of the Service
You can choose to stop using our Service at any time. For subscription plans, see the Canceling Monthly and Yearly Subscriptions below for information on preventing further fees being charged for the Service.
If you fail to comply with any of the policies in these Terms or policies made available to use within the Service, your rights to use the Service shall automatically and irrevocably terminate. Upon termination of your rights to use of the Service, you are no longer authorized to use the Service and your account will be cancelled and closed. Upon a termination, you understand that you will no longer have access to Your Data stored via the Service and Your Data may be deleted by DataViz according to its policies.
DataViz reserves the right to suspend or stop the Service at any time. We will provide at least thirty (30) days notice prior to the complete shutdown of the Service.
Account Creation and Management
The Service may require you to create an account with DataViz to use the Service, whether for a free trial or for a paid license or subscription. When creating your account, you agree to completely and accurately provide the required information. You are solely responsible for the activity that occurs on your account. You must keep your account password secure, and notify DataViz immediately of any breach of security or unauthorized use of your account.
Free Trials
DataViz may, at its sole discretion, offer access to the Service for free (“Free Trial”) for a limited period of time (“Trial Period”). You will not be required to provide payment information to start a Free Trial. However, you may be required to provide a valid email address and other information to create an account. An account is required to use the Free Trial. You will be asked to verify the email address associated with the account. If the email address is not verified within a reasonable period of time, DataViz reserves the right to terminate the Free Trial and you will no longer be able to access the Service.
When the Trial Period expires, your access to some or all of the features of the Service will be disabled unless you choose to continue using the Service by purchasing a license or subscription as described below. If your Trial expires and you do not purchase, you may no longer have access to the data that you have entered into the Service.
DataViz may, at its sole discretion, offer additional Trial Periods to some users. These additional Trial Periods are subject to the same terms and conditions as described here.
DataViz reserves the right to, at any time, modify the terms and conditions of the Free Trial, adjust the length of the Trial Period, and terminate Free Trials prior to the expiration of the Trial Period.
Purchasing Access to the Service
For DailyBalance, you have the option to purchase a monthly, yearly or lifetime subscription plan (“Subscription”) for the Service. A Subscription gives you access to the Service on all platforms that the Service runs on.
For Passwords Plus and Docs To Go, you can purchase a single charge license (“Passwords Plus and Docs To Go Licenses”) per platform. These are one-time charges and you will not be billed again.
Passwords Plus and Docs To Go Licenses
The Terms herein replace the End User License Agreement (“EULA”) that you agreed to when you installed Passwords Plus or Docs To Go on your device.
A Passwords Plus or Docs To Go License must be purchased for each operating system that you wish to use it on. For example, if you want to use Passwords Plus on your Windows laptop and on your iPhone, you must purchase one Passwords Plus License for Windows and another for iOS. Your Passwords Plus or Docs To Go license will give you access to the Client Software for as long as DataViz supports the Client Software on that operating system. DataViz, in its sole discretion, decides which operating systems that it will continue to support. If an operating system is no longer supported by DataViz, you may be able to continue using the Client Software on your local device but you will no longer be able to receive technical support from DataViz and the synchronization and backup portions of the Service may cease operation.
The Passwords Plus CloudSync service (responsible for backing up and syncing your data across your various devices) is provided free of charge to purchasers of Passwords Plus Licenses.
Monthly and Yearly Subscriptions
If you purchase a monthly or yearly subscription plan for the Service, you will be billed on a recurring and periodic basis (“Billing Cycle”). The Billing Cycle period is either monthly or yearly depending on the plan that you chose. You will be required to submit payment at the beginning of each Billing Cycle in accordance with the fee schedule for the plan that you chose. At the end of each Billing Cycle, your Subscription will automatically renew under the same Terms unless you cancel it or it is canceled by DataViz. Access to the Service will be disabled if the Subscription fails to renew because of lack of payment or because the renewal was canceled.
Canceling Monthly and Yearly Subscriptions
You may cancel your Subscription at any time by disabling the auto renew option of your Subscription. THERE ARE NO REFUNDS FOR ANY FEES PAID INCLUDING FOR THE UNEXPIRED PORTION OF THE CURRENT BILLING CYCLE. Your Subscription will remain active and you will continue to have access to the Service until the end of the Billing Cycle. At that point, your Subscription will not renew and you will no longer have access to the Service.
For Subscriptions purchased through the DataViz Website, you can disable the auto renew option by accessing your account on the DataViz website or by contacting DataViz support. For Subscriptions purchased through Apple’s App Store or Google Play, you can disable auto-renew on your Apple or Android device.
PLEASE NOTE: Fees will continue to be charged until the Subscription is canceled regardless of whether you are actively using the Service. DataViz is not responsible for charges that you incur if you fail to cancel your Subscription. You are responsible for terminating the Subscription if you no longer wish to use the Service. DataViz will not issue refunds.
Lifetime Subscriptions
If you sign up for a lifetime subscription plan for the Service, you will be billed one time. For the purposes of the Subscription, the term “lifetime” constitutes 100 years or until DataViz terminates the Service. See the “Termination of the Service” section. Lifetime Subscriptions are not transferable.
Payments on the DataViz Website
DataViz uses FastSpring as our third party payment processor (“Payment Processor”). By paying for a Subscription or Passwords Plus License, you agree to be bound by the Payment Processor’s applicable terms and policies, and authorize DataViz and the Payment Processor to share any information and payment instructions you provide with your Payment Provider and any other third-party service providers solely as required to complete your transactions.
Payment for the Service must be made by a valid payment accepted by the Payment Processor. You shall provide the Payment Processor with accurate billing information and a valid payment method. By submitting such payment information, you hereby authorize the Payment Processor (on behalf of DataViz) to charge that payment method for all one-time or recurring Subscription fees including any applicable taxes and transaction fees. All fees are charged in U.S. dollars.
Subscription Fee Changes
At any time and in its sole discretion, DataViz may modify the fees for monthly and yearly Subscriptions. DataViz will provide you with reasonable notice prior to the fee change going into effect by contacting you via the email address associated with your account. If you wish, you can cancel your Subscription prior to the changed fee going into effect. You will be charged the changed fee amount at the end of your current Billing Cycle that you are in on the date that the fee change becomes effective. Your continued use of the Service after this point indicates your agreement to pay the changed Subscription fee amount on a recurring basis.
Refund Policy
By purchasing access to the Service, you understand and agree to the following refund policy. Refunds will be granted if the purchase date on your payment receipt is within thirty (30) days of the date of the refund request. You can request a refund from DataViz by contacting us via email (see the Contact section below). Refunds will NOT be granted for purchases made more than thirty (30) days prior to the refund request date.
PLEASE NOTE: only purchases made through the DataViz website can be refunded by DataViz. If you have purchased through a distribution platform such as Google Play or Apple’s App Store, DataViz is unable to refund these purchases to customers. Please see the distribution platform’s mechanism for requesting refunds.
Your Rights and Restrictions
DataViz grants you a non-exclusive, non-transferable, personal, revocable license under its copyrights to download, install, and operate the Service including the Client Software, solely for your own personal use.
The Service is protected by the laws of the United States, international treaty provisions and other applicable laws in the country in which it is being used. DataViz owns and retains all right, title and interest in and to the Service, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights. Your possession, installation, or use of the Service does not transfer to you any title to the intellectual property in the Service, and you will not acquire any rights to the Service except the limited usage rights expressly set forth in these Terms.
You may only use the Service for your own individual personal use and not for any commercial, business or other purpose. You may not rent, lease, license, loan or assign your rights to the Service and associated software to another party. In addition, you may not:
Your Feedback and Submissions to DataViz
To the extent you provide any comments or suggestions to DataViz, DataViz shall own and have the right to retain and use any such comments or suggestions regarding the Service in current or future products and services, without compensation or notice to you and without your approval.
Any communications or materials you transmit to any public area on the Service (the “Submissions”), or that you submit to us not as part of your personal information and that are not covered by our Privacy Policy, may be used by us and our affiliates, licensees and assignees for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, inclusion in products sold by DataViz, and posting in any and all media without compensation to you. This includes any ideas, concepts, know-how, or techniques in any such Submission.
By submitting to us any Submissions, you agree as follows:
Warranty Disclaimer and Liability Limitations
The Service is provided “As Is” and without warranties of any kind. DataViz makes no warranty that the Service will protect against all possible threats or security breaches, be error-free or free from interruptions or other failures, is free of viruses or other harmful components, or that the Service will meet your requirements.
Warranty Disclaimer: THE SOFTWARE AND SERVICE IS PROVIDED “AS IS” AND DATAVIZ MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. DATAVIZ AND ITS SUPPLIERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. FOR ENCRYPTION BASED FEATURES, DATAVIZ USES 256 BIT ENCRYPTION BASED ON AES OPEN STANDARD ALGORITHM, AS TO WHICH DATAVIZ MAKES NO REPRESENTATION OR WARRANTY. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SERVICE. WITHOUT LIMITING THE FOREGOING PROVISIONS, DATAVIZ MAKES NO WARRANTY THAT THE SERVICE WILL PROTECT AGAINST ALL POSSIBLE THREATS OR SECURITY BREACHES, OR BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.
High Risk Activities: The Service is not fault-tolerant and is not designed or intended for control of devices that require fail-safe performance, including where the failure of the Service could lead to personal injury or death, or physical or property damage. DATAVIZ EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
Limitation of Liability: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL DATAVIZ OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL DATAVIZ OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID FOR THE SERVICE (EITHER THE ONE TIME FEE OR IN THE CASE OF A SUBSCRIPTION, THE SUM OF FEES PAID BY YOU IN THE SIX (6) MONTHS PRECEDING), IF ANY, EVEN IF DATAVIZ, OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation shall not apply to the extent that applicable law prohibits such limitation. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
NOTHING IN THIS AGREEMENT WILL DIMINISH ANY RIGHTS YOU MAY HAVE UNDER EXISTING CONSUMER PROTECTION OR OTHER APPLICABLE LAWS IN YOUR JURISDICTION THAT MAY NOT BE DISCLAIMED, LIMITED OR WAIVED BY CONTRACT.
DATAVIZ DOES NOT WARRANT OR GUARANTEE THAT ANY PARTICULAR MOBILE DEVICE, COMPUTER OR ANY OTHER DEVICE WILL BE COMPATIBLE OR FUNCTION WITH THE SERVICE, NOR DOES DATAVIZ WARRANT OR ACCEPT ANY LIABILITY FOR OPERATION OF YOUR PERSONAL EQUIPMENT USED TO ACCESS THE SERVICE.
Export Control
Portions of the Service may be subject to export controls under the U.S. Export Administration Regulations. Therefore, the Service including the Client Software may not be exported or re-exported to entities within, or residents or citizens of, embargoed countries or countries subject to applicable trade sanctions, or to prohibited or denied persons or entities without proper government licenses. Information about such restrictions can be found at the following websites: http://www.treas.gov/ofac/ and www.bis.doc.gov/complianceandenforcement/ListsToCheck.htm. You are responsible for any violation of the U.S. export control laws related to the Service. By accepting this Agreement, you confirm that you are not a resident or citizen of any country embargoed by the U.S. and that you are not otherwise prohibited from receiving any part of the Service.
Open Source Software
The Service may make use of software code licensed under open source software models. When required, DataViz distributes the source code in accordance with the applicable open source license, and your rights to that source code are governed by the applicable open source license.
Copyright Notice
Entire contents of the Service, including the DataViz website, are copyright of DataViz, Inc. and its licensors. All rights reserved. The graphic images, buttons, and text contained in the Service are the exclusive property of DataViz and may not be copied, redistributed, or displayed, except in a web browser or as otherwise stated herein without the express written consent of DataViz.
All non-DataViz product names and icons are trademarks or registered trademarks of their respective holders. Microsoft, PowerPoint, Outlook and the XL design logo are registered trademarks of Microsoft.
Governing Law
The Terms will be governed by and construed in accordance with the substantive laws in force in the State of Connecticut. The Terms will not be governed by the conflict of laws rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The federal and state courts of Connecticut shall have non-exclusive jurisdiction over all disputes relating to the Terms.
Entire Terms and Conditions
The Terms herein set forth all of your rights, and is the entire agreement between you and DataViz, for the Service. The Terms supersede any other communications, oral or written, and any representations or advertising relating to the Service. If any provision of the Terms is held invalid, the remainder of the Terms shall continue in full force and effect.
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This marks the end of the Terms. The sections below are not part of the Terms.
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Change Log:
September 30, 2020:
General Contact Information:
If you have any questions or feedback regarding these Terms and Conditions, please contact us. Please email us via our info request form.