VISIUM Terms of Service
Company: VISIUM AI LLC, a limited liability company organized under the laws of the State of Florida, United States, doing business as VISIUM ("VISIUM", "we" or "us").
Address: 1310 SW 74th Ct, Miami, Florida, United States.
Contact: hola@visium-ai.com
Last updated: September 20, 2026 · Version: 2.0
Summary
VISIUM is a subscription service for businesses. You pay VISIUM a flat membership fee. You pay Meta directly for your advertising, and VISIUM never touches that money or your card. Campaigns start paused and run only when you activate them. Your subscription renews automatically until you cancel, and you can cancel at any time. These Terms are governed by the laws of the State of Florida. This summary is for convenience; the sections below are the agreement.
By creating an account, accepting an order or proposal, or using the platform, you (the "Customer") agree to these Terms of Service ("Terms"). Together with the Privacy Policy, the Data Processing Agreement in Annex I and any order or proposal you accept, they are the entire agreement between you and VISIUM.
1. Definitions
- Platform: VISIUM's software as a service, including VISIUM Ads, the AI Agent, VISIUM Intelligence, the VISIUM websites, APIs, dashboards, reports and related documentation.
- Agency Services: professional research, strategy, content, design and advertising management services performed by the VISIUM team under a proposal or order.
- Customer Data: any data, file, credential, digital asset or content that the Customer uploads, connects or instructs the Platform to process.
- AI Outputs: reports, analyses, predictions, recommendations, copy, ad targeting and other results generated in whole or in part by artificial intelligence.
- Connected Accounts: third party accounts that the Customer authorizes VISIUM to access or operate, such as Facebook pages, Instagram accounts, Meta ad accounts and WhatsApp Business accounts.
- Ad Spend: the amounts the Customer pays to Meta or to any other advertising platform to deliver its ads.
2. Who may use VISIUM
2.1 VISIUM is a service for businesses and professionals. The Customer uses the Platform for business purposes and not for personal, family or household purposes.
2.2 The person who accepts these Terms represents that they are at least 18 years old and have authority to bind the business they act for.
2.3 The Customer may not use the Platform if it is barred from doing so under United States law, including sanctions administered by the Office of Foreign Assets Control.
3. License
During the term of the agreement, VISIUM grants the Customer a limited, non-exclusive, non-transferable and revocable license to access and use the Platform for its internal business purposes, according to the plan it subscribed to. Agency Services are also governed by the specific proposal the Customer accepted, including deliverables, schedule and price.
4. Account and authorized users
4.1 The Customer will provide accurate registration information and keep it up to date.
4.2 The Customer is responsible for keeping its credentials confidential and for all activity carried out from its account and from the accounts of the users it authorizes, including employees and assistants, and including any phone number linked to operate the AI Agent.
4.3 The Customer will tell VISIUM without delay if it suspects unauthorized access to its account.
5. Connected Accounts and authorization to act on Meta
5.1 By connecting its Meta accounts, the Customer expressly authorizes VISIUM to do the following on the Customer's behalf: access its pages, Instagram accounts and ad accounts; read metrics and history, including a one-time snapshot of the 30 days before the connection as a baseline; create, publish, pause and manage campaigns, ad sets and ads; and upload creative materials.
5.2 Every campaign created by the Platform starts in a paused state. It begins to run, and to spend budget, only after the Customer expressly activates it.
5.3 Ad Spend is billed by Meta directly to the Customer's payment method and is not part of VISIUM's fees. VISIUM does not receive, hold or mark up Ad Spend, and does not have access to the Customer's payment information on Meta. The Customer decides how much to spend and is responsible for keeping a valid payment method on its ad account.
5.4 The Customer represents that it owns the Connected Accounts or has sufficient authority over them, and will comply with the terms and policies of Meta and of any other integrated platform.
5.5 Special ad categories. Ads for housing, employment, and financial products and services are subject to targeting restrictions on Meta and to anti-discrimination laws, including the federal Fair Housing Act. The Customer will describe its business accurately so the Platform can apply the correct category, and remains responsible for the content of its ads and for complying with the laws and licensing rules that apply to its industry.
5.6 VISIUM is not responsible for the decisions of third parties, such as ad rejections, account restrictions or suspensions, and changes to APIs or policies, although it will make reasonable efforts to mitigate them.
5.7 Access tokens are stored encrypted and are deleted when the integration is disconnected.
5.8 VISIUM is an independent company. It is not owned by, endorsed by or affiliated with Meta Platforms, Inc. Facebook, Instagram and WhatsApp are trademarks of Meta Platforms, Inc.
6. Customer Data and data processing
6.1 The Customer keeps ownership of Customer Data. VISIUM will process it only to provide the services, under the Privacy Policy and Annex I.
6.2 The Customer represents that it has a valid legal basis, including any notices and consents required from individuals, to upload and process third party personal information in the Platform, such as end customers, contacts and audiences.
6.3 The Customer may not upload sensitive information, such as health information, biometric information or information about minors, unless the parties agree otherwise in writing. The Platform must not be used to handle information protected by the federal HIPAA law.
6.4 Customer Data is not used to train third party AI models and is not shared with other customers. Each customer's information is isolated from the others.
7. AI Outputs
7.1 AI Outputs are generated by statistical models and may contain inaccuracies, omissions or errors. They are provided as decision support and are not legal, financial, tax or investment advice.
7.2 The Customer is responsible for reviewing AI Outputs before relying on them or publishing them, in particular ad copy, claims about products and services, and regulated information.
7.3 To the extent the law allows, and once the services are paid for, VISIUM assigns to the Customer any rights it may hold in AI Outputs generated specifically for that Customer.
8. Subscription, billing and cancellation
8.1 Price. Prices are those shown in the plan or in the accepted proposal, in United States dollars unless the proposal says otherwise, plus applicable taxes. Ad Spend is separate and is never included in VISIUM's price.
8.2 Automatic renewal. Platform subscriptions are billed in advance for each period through our payment processor, Stripe. The subscription renews automatically for successive periods of the same length, at the price then in effect, and the Customer's payment method is charged at each renewal, until the Customer cancels.
8.3 How to cancel. The Customer may cancel at any time, for any reason, by writing to hola@visium-ai.com from the email address registered on the account, or through its account where that option is available. Cancellation takes effect at the end of the period already paid for. The Customer keeps access until then and is not charged again.
8.4 Refunds. Amounts paid are not refundable and VISIUM does not give credits for partially used periods, except as stated in section 18 or where the law requires otherwise.
8.5 Trials and promotions. If the Customer receives a free or discounted period, VISIUM will state its length and the price that applies afterward before the Customer signs up. When that period ends, the subscription continues at that price unless the Customer cancels before it ends.
8.6 Price changes. VISIUM may change its prices with at least 30 days' notice. The new price applies from the next renewal after that notice, and the Customer may cancel before it takes effect.
8.7 Failed and late payments. If a charge fails, VISIUM may retry it and may suspend the service after 5 business days' notice. Overdue amounts may bear interest at the lower of 1.5% per month or the highest rate the law allows.
8.8 Agency Services. Agency Services require a 50% deposit before work begins. The balance is invoiced according to the schedule in the proposal.
9. Communications from VISIUM
9.1 The Customer agrees to receive agreements, notices and other communications from VISIUM electronically, by email or inside the Platform, and agrees that they have the same effect as communications on paper.
9.2 VISIUM sends operational messages about the service, such as billing notices, security alerts and changes to these Terms. These are part of the service and cannot be turned off while the account is active.
9.3 VISIUM contacts people for marketing purposes by phone call, text message or WhatsApp, including with automated technology or an AI-generated voice, only as described in the Privacy Policy and only with the consent the law requires. That consent is never a condition of purchasing anything from VISIUM, and it can be withdrawn at any time.
10. Acceptable use
The Customer will not: (a) use the Platform for purposes that are unlawful, deceptive or discriminatory, or for campaigns that violate the advertising policies of the platforms or advertising and consumer protection laws; (b) attempt to breach the security of the Platform, reverse engineer it or access other customers' data; (c) resell or sublicense the Platform without written authorization; (d) upload content that infringes the rights of others, including intellectual property, publicity and privacy rights; (e) use the Platform to send spam or communications without the required consent, in violation of laws such as the federal CAN-SPAM Act, the federal Telephone Consumer Protection Act and the Florida Telephone Solicitation Act, or in violation of the WhatsApp Business Messaging Policy; or (f) circumvent technical limits or plan limits.
11. Intellectual property
11.1 The Platform, its code, design, trademarks, methodologies, prompts, workflows and configured models are and remain the exclusive property of VISIUM or its licensors. Nothing in these Terms transfers that ownership.
11.2 Creative deliverables produced as Agency Services are assigned to the Customer upon full payment, except for pre-existing or general purpose elements of VISIUM, for which VISIUM grants a license to use them as part of the deliverable.
11.3 The Customer grants VISIUM a limited license to use its trademarks and materials solely to provide the services and, with the Customer's prior authorization, as a commercial reference.
11.4 If the Customer sends suggestions or feedback about the Platform, VISIUM may use them without restriction or compensation.
12. Confidentiality
Each party will protect the other's confidential information with at least the same care it applies to its own, and never less than reasonable care. It will use that information only to perform this agreement and will not disclose it to third parties, except to its advisors and providers under equivalent duties, or where the law requires it, giving notice when lawful. This obligation lasts for 5 years after termination. For trade secrets, it lasts for as long as they remain trade secrets.
13. Availability, support and changes to the service
13.1 VISIUM will seek reasonable availability of the Platform and will give notice of scheduled maintenance when possible. Specific service levels, if agreed, will be stated in the proposal.
13.2 VISIUM may improve or modify features, provided the contracted service is not substantially degraded.
13.3 The Platform depends on third party services, including Meta, AI providers and cloud infrastructure. VISIUM is not liable for interruptions attributable to them, and will make reasonable efforts to mitigate their effects.
14. Disclaimer of warranties
Except as expressly stated in these Terms, the Platform and the services are provided "as is" and "as available". To the fullest extent the law allows, VISIUM disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. VISIUM does not guarantee specific business results, such as sales, leads or return on Ad Spend. It does not guarantee that third parties will approve the Customer's ads, or that data from external sources or AI Outputs will be accurate. Examples and results shown in VISIUM's materials are illustrative, and actual results vary by market, budget and creative.
15. Limitation of liability
To the fullest extent the law allows: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data or lost opportunity, even if it was advised that they were possible; and (b) VISIUM's total cumulative liability arising out of or relating to these Terms is limited to the amount the Customer paid to VISIUM in the 12 months before the event giving rise to the claim. Ad Spend is paid to third parties and is not part of that amount. These limits do not apply to a party's fraud, gross negligence or willful misconduct, to the Customer's obligation to pay fees, or where the law prohibits them.
16. Indemnification
16.1 The Customer will defend and indemnify VISIUM against third party claims arising from Customer Data, the Customer's products and services, its ads and campaigns, its use of the Platform in violation of these Terms, and any breach of its representations in sections 5 and 6.
16.2 VISIUM will defend and indemnify the Customer against third party claims alleging that the Platform, as provided by VISIUM, infringes that third party's intellectual property rights.
16.3 The indemnified party will give notice of the claim without delay, allow the indemnifying party to control the defense and cooperate reasonably. The indemnifying party will not settle a claim in a way that imposes obligations on the indemnified party without its consent.
17. Term, suspension and termination
17.1 The agreement begins when the Customer accepts these Terms and continues for as long as the Customer has an active subscription, proposal or order.
17.2 The Customer may cancel its subscription at any time under section 8.3. Agency Services end according to the accepted proposal.
17.3 Either party may terminate for a material breach that is not cured within 15 days of written notice.
17.4 VISIUM may suspend access in the event of security risks, prohibited use or non-payment, and will state the reason.
17.5 On termination, the license ends. The Customer may export its data for 30 days. After that, VISIUM will delete or anonymize Customer Data under Annex I, unless the law requires it to be kept. Campaigns already published on Meta remain in the Customer's ad account and under the Customer's control. The sections that by their nature should survive, including intellectual property, confidentiality, disclaimers, limitation of liability, indemnification and governing law, will survive.
18. Changes to these Terms
VISIUM may change these Terms by giving at least 10 days' notice by email or inside the Platform. If the Customer does not accept a material change, it may terminate the agreement before the change takes effect and receive a prorated refund of any prepaid period it has not used. Continuing to use the Platform after the change takes effect means the Customer accepts it.
19. Governing law and disputes
19.1 Governing law. These Terms are governed by the laws of the State of Florida and by applicable federal law of the United States of America, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
19.2 Negotiation first. The parties will try to resolve any dispute through direct negotiation for 30 days after one party gives the other written notice of the dispute.
19.3 Courts. If the dispute is not resolved, it will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and each party consents to the jurisdiction of those courts and to venue there.
19.4 Jury and class waiver. To the fullest extent the law allows, each party waives the right to a trial by jury, and agrees to bring claims only in its individual capacity and not as a plaintiff or class member in any class or representative proceeding.
19.5 Rights that cannot be waived. If the law of the place where the Customer resides grants it rights that cannot be waived by contract, VISIUM will honor them to the extent that law applies.
20. General provisions
20.1 Notices. Notices must be in writing. VISIUM sends them to the email address registered on the account. The Customer sends them to hola@visium-ai.com.
20.2 Assignment. The Customer may not assign the agreement without VISIUM's consent. VISIUM may assign it to an affiliate or as part of a merger, acquisition, reorganization or sale of assets, giving notice.
20.3 Independent parties. The parties are independent contractors. These Terms do not create a partnership, a joint venture or an employment relationship. VISIUM acts as the Customer's agent only for the limited purpose of operating its Connected Accounts under section 5.
20.4 Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
20.5 Severability and waiver. If a provision is found unenforceable, the rest remain in effect. Failing to exercise a right is not a waiver of it.
20.6 Order of precedence. If there is a conflict, the accepted proposal or order controls over these Terms for the services it covers, and these Terms control over any purchase terms of the Customer.
20.7 Controlling language. These Terms were written in English. The Spanish version is a courtesy translation. If the two versions differ, the English version controls.
This Annex applies when VISIUM processes personal information on the Customer's behalf ("Processed Data").
1. Roles. The Customer decides why and how Processed Data is used. VISIUM is its processor and service provider.
2. Subject matter, duration and nature. VISIUM processes Processed Data, such as contacts, audiences, and advertising and conversational interactions, by storing, structuring and analyzing it, generating reports, applying artificial intelligence and operating advertising, for the term of the agreement.
3. Instructions. VISIUM will process Processed Data only on the Customer's documented instructions, including those given through the Platform, and as the law requires. VISIUM does not sell Processed Data, does not use it for its own purposes and does not combine it with information from other customers. VISIUM will tell the Customer if it believes an instruction violates the law.
4. Confidentiality and personnel. VISIUM personnel with access are bound by duties of confidentiality and receive training.
5. Security. VISIUM implements appropriate technical and organizational measures, consistent with the Florida Information Protection Act of 2014, Fla. Stat. § 501.171: encryption in transit, encryption of credentials and tokens at rest (AES-256-GCM), isolation of each customer's data, role based access control, secrets management, audit logs and backups.
6. Subprocessors. The Customer gives general authorization for VISIUM to use subprocessors, including infrastructure, database, AI model and messaging providers. The current list is available on request at privacidad@visium-ai.com. VISIUM will give 15 days' notice of additions or changes. The Customer may object on reasonable data protection grounds, in which case the parties will look for an alternative or the Customer may terminate the affected feature. VISIUM imposes on its subprocessors obligations equivalent to those in this Annex and is responsible for their compliance.
7. Location of processing. VISIUM stores and processes Processed Data in the United States. If the Customer operates from another country, it is responsible for any notice or consent its local law requires for that transfer.
8. Assistance. VISIUM will reasonably assist the Customer in responding to requests from individuals about their information, forwarding without delay any it receives directly, and in responding to inquiries from authorities, to the extent of the information available to it.
9. Security incidents. VISIUM will notify the Customer without undue delay, and within 72 hours of confirming a security incident that affects Processed Data, with the information available so the Customer can meet its own notification duties.
10. Return and deletion. When the service ends, and at the Customer's choice, VISIUM will return Processed Data in a structured format, delete it, or both, within 30 days, and will certify this on request, unless the law requires it to be kept.
11. Audit. VISIUM will make available the information needed to demonstrate compliance and will allow reasonable audits: at most one per year, with 30 days' notice, during business hours, under confidentiality and at the Customer's expense. Reports or certifications from third parties may satisfy this obligation.
12. Sensitive information. Sensitive categories of information, including biometric and health information, will not be processed under this Annex unless the parties sign a specific addendum with the safeguards the law requires.