Please read these Terms and Conditions carefully before using Our Service. By accessing or using VYSTA, You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access the Service.
Interpretation and Definitions
Interpretation
The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Application means the software program provided by the Company downloaded by You on any electronic device, named VYSTA.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms) refers to Rkket LLC, 1519 20th Street, Northlake, TX 76226.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Country refers to: Texas, United States.
Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Goods refer to the items offered for sale on the Service.
In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application.
Orders mean a request by You to purchase Goods from Us.
Service refers to the Application or the Website or both.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred to as "Terms") means these Terms and Conditions that form the entire agreement between You and the Company regarding the Service.
Third-Party Social Media Service means any services or content provided by a third party that is displayed, included, made available, or linked to through the Service.
Website refers to VYSTA, accessible from vysta.tech.
You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These Terms and Conditions govern the use of this Service and the agreement between You and the Company, setting out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read Our Privacy Policy carefully before using Our Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, email, phone number, credit card number, expiration date, billing address, and shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to Us is true, correct and complete.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy. Goods must be returned in the same condition as received, including all instructions, documents, and wrappings. We will reimburse You no later than 14 days from the day on which We receive the returned Goods, using the same means of payment You used for the Order.
You will not have any right to cancel an Order for the supply of any of the following:
- Goods made to Your specifications or clearly personalized.
- Goods which according to their nature are not suitable to be returned or deteriorate rapidly.
- Goods not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- Goods which are, after delivery, inseparably mixed with other items.
- Digital content not supplied on a tangible medium where performance has begun with Your prior express consent.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, or any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
All Goods purchased are subject to a one-time payment. Payment can be made through various methods including Visa, MasterCard, Affinity Card, American Express cards, or online payment methods (e.g. PayPal). Payment cards are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Subscriptions
Subscription Period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (daily, weekly, monthly, or annually), depending on the type of Subscription plan you select. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Subscription Cancellations
You may cancel Your Subscription renewal through Your Account settings page or by contacting the Company. You will not receive a refund for fees already paid for Your current Subscription period, but will retain access to the Service until the end of that period. If the Subscription has been made through an In-app Purchase, You can cancel the renewal with the Application Store.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that You must proceed manually with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees. Your continued use of the Service after the Subscription fee change constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable. Certain refund requests may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company. If the Subscription has been made through an In-app Purchase, the Application Store's refund policy will apply.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time. If You enter Your billing information when signing up for a Free Trial, You will not be charged until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees. The Company reserves the right to modify or cancel the Free Trial offer at any time and without notice.
In-App Purchases
The Application may include In-app Purchases that allow you to buy products, services or Subscriptions. In-app Purchases can only be consumed within the Application. Once initiated for download, an In-app Purchase cannot be cancelled. In-app Purchases cannot be redeemed for cash or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once downloaded, We will investigate the reason for the fault and act reasonably in deciding whether to provide a replacement or issue a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. If We are unable to replace or repair the relevant In-app Purchase within a reasonable period, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.
User Accounts
When You create an Account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.
You may not use as a username the name of another person or entity, a name or trademark subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
Social Login and Linked Accounts
If the Service allows You to sign in or connect with a Third-Party Social Media Service, You authorize the Company to access and use information made available by that Third-Party Social Media Service in accordance with Our Privacy Policy and Your settings with that Third-Party Social Media Service. The Company is not responsible for the availability, accuracy, or content of any Third-Party Social Media Service.
Content
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service.
You represent and warrant that: (i) the Content is Yours or You have the right to use it and grant Us the rights as provided in these Terms, and (ii) posting Your Content on the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
Content Restrictions
You are solely responsible for the Content and for all activity that occurs under Your Account. You may not transmit any Content that is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine-generated content, or any form of unauthorized advertising, chain letters, or lottery/gambling.
- Viruses, worms, malware, trojan horses, or other content designed to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.
- Content infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, or right of publicity.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to determine in its sole discretion whether any Content complies with these Terms, and to refuse or remove Content accordingly.
Content Backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. The Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property right of any person. If You are a copyright owner, or authorized on behalf of one, and believe that the copyrighted work has been copied in a way that constitutes copyright infringement through the Service, You must submit Your notice in writing to our copyright agent at kevin.lam@vysta.tech with a detailed description of the alleged infringement.
DMCA Notice and Procedure
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
- A description of the copyrighted work that You claim has been infringed, including the URL of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Contact our copyright agent at: kevin.lam@vysta.tech
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Links from a Third-Party Social Media Service
The Service may display, include, make available, or link to content or services provided by a Third-Party Social Media Service. The Company does not endorse or assume responsibility for any Third-Party Social Media Service. Your use of any Third-Party Social Media Service is governed by that service's own terms and privacy policies.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms. Upon termination, Your right to use the Service will cease immediately.
If We terminate Your Subscription for convenience (and not due to Your breach), We will refund any prepaid fees covering the remainder of the term of the Subscription after the effective date of termination. In no event will any termination relieve You of the obligation to pay any fees payable to Us for the period prior to the effective date of termination.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including damages for loss of profits, loss of data, business interruption, personal injury, or loss of privacy), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind: (i) as to the operation or availability of the Service; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, or other harmful components.
Governing Law and Disputes Resolution
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: support@vysta.tech
- By visiting: vysta.tech/contact