Terms of Service

Company details (contracting party)

These Terms are between you and The Nudge L.L.C-FZ (doing business as “Vizuna”).

1. Acceptance of Terms

By accessing or using Vizuna ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

Vizuna is a professional growth and effectiveness platform that helps individuals and teams:

• Track professional development through structured reflection
• Measure professional competencies using the Trust Equation (CRSS)
• Receive AI-guided insights and development actions
• Build trust and effectiveness within teams

3. User Accounts

3.1 Account Creation

To use the Service, you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Responsibility

You are responsible for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

3.3 Organisation Accounts

If you sign up through an organisation, your account is subject to your organisation's policies and agreements. Your organisation administrator may access identity and account administration data necessary to operate the Service (such as user names, email addresses, and account status). Organisation administrators also have access to aggregate analytics and team-level insights. Through standard product functionality, they are not provided direct access to individual reflection content, qualitative feedback, Vizuna AI chat transcripts, or source-attributed outputs.

3.4 Customer Reference

If your organisation creates an organisation account, starts a pilot, or otherwise uses the Service, Vizuna may identify the organisation by name and logo in customer lists, "used by" or "trusted by" sections, sales materials, and similar marketing references unless the parties have agreed otherwise in writing. Any such reference will not involve disclosure of user data, reflection content, scores, Vizuna AI chat content, or personal information.

4. Acceptable Use

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Transmit any malicious code, viruses, or harmful data
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Use the Service to harass, abuse, or harm others
• Impersonate any person or entity
• Collect or harvest information about other users

We may suspend or terminate access immediately if the Service is used to identify, target, or retaliate against individuals contrary to the Service's intended anonymised design (including attempts to infer who provided feedback, deanonymise outputs, or use Service data for employee surveillance or disciplinary purposes).

5. User Content

5.1 Your Content

You retain ownership of all content you submit to the Service ("User Content"), including reflections, feedback, and other data. By submitting User Content, you grant us a license to use, store, and process that content to provide and improve the Service.

5.2 Content Standards

Your User Content must:

• Be accurate and truthful
• Comply with applicable laws
• Not infringe on the rights of others
• Not contain defamatory, offensive, or harmful material

5.3 Content Privacy

Vizuna is designed to prevent organisation administrators from accessing raw individual reflection content, qualitative feedback, Vizuna AI chat transcripts, or source-attributed outputs through standard product functionality. Organisation-level dashboards display anonymised, aggregated data and identity/account administration information needed to manage the Service.

5.4 Vizuna AI and third-party AI processing

Vizuna includes optional AI-guided features branded as Vizuna AI (for example: coaching responses, guided reflections, and suggested Actions).

If you choose to enable Vizuna AI, you instruct Vizuna to process certain information using a third-party AI service provider (OpenAI, Anthropic, and/or Google (Gemini API), depending on configuration and availability) to provide those Vizuna AI features. This may include:

• Text you type into Vizuna AI
• Guided reflection chat messages (if you use a guided option)
• Relevant in-app signals needed to answer (for example: scores and Action metadata)
• Work context details you choose to share (optional)

You can disable Vizuna AI at any time in Settings. For more details about data sharing, retention, and your rights, see our Privacy Policy.

6. Intellectual Property

The Service, including its original content, features, and functionality, is owned by Vizuna and protected by international copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

7. Subscription and Billing

7.1 Subscription Plans

Vizuna offers various subscription plans with different features and seat limits. Pricing and plan details are available on our website and may change with notice.

7.2 Billing

Personal subscriptions are billed according to the terms of the Apple App Store subscription started in the Vizuna iPhone app. Organisation subscriptions are billed according to the billing cycle agreed in the applicable Order Form, contract, or written agreement. You are responsible for all charges associated with your account.

The web portal may allow account creation and sign-in, but new personal subscriptions are not purchased on the web. Organisation purchases and renewals are processed through Vizuna directly or via an Order Form.

7.3 Cancellation

You may cancel your subscription at any time. Cancellation stops renewal for future terms and typically takes effect at the end of your current paid billing period.

Refunds: Prepaid fees are generally non-refundable, except where required by law or explicitly agreed in a signed contract (Order Form/MSA). Vizuna may offer credits or other remedies at its discretion in exceptional circumstances. See our Refunds and Cancellation Policy for details.

8. Termination

8.1 Termination by You

You may terminate your account at any time by requesting account deletion through the app settings. Permanent deletion is not immediate and is completed after a 30-day cooling period. For step-by-step instructions, see our Account Deletion page.

8.2 Termination by Us

We may suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activity. We will provide notice when reasonably possible.

8.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. We may delete your account and data in accordance with our Privacy Policy.

9. Disclaimers

THE SERVICE IS 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, OR NON-INFRINGEMENT.

We do not guarantee that the Service will be uninterrupted, secure, or error-free. Development indicators and insights are provided for professional development purposes and should not be used as the sole basis for employment decisions.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Vizuna SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Vizuna'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE FEES PAID BY YOU TO Vizuna IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100). THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

11. Indemnification

You agree to indemnify and hold Vizuna harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any rights of another.

12. Governing Law

These Terms shall be governed by the laws of the Dubai International Financial Centre (DIFC). Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the DIFC Courts.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or in-app notification. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

14. Contact Information

If you have questions about these Terms, please contact us at:

Email: support@vizuna.com

15. Force Majeure

We will not be liable for any failure or delay in performance to the extent caused by circumstances beyond our reasonable control (for example: outages of hosting providers, network failures, acts of government, natural disasters, or other force majeure events).