Last Modified: 23 March 2026

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1.    INTRODUCTION
 

1.1    General
 

These Terms govern all users and visitors to our Service. If you represent an entity, you are agreeing to that entity to be bound by these Terms; you have to be 18 to create an account; we may revise these Terms on occasion and will provide notice of any material changes prior to their taking effect;
 

Undaunted Development LLC (the “Company”, “we”, “us”, or “our”) offers VizDev through our downloadable software (the “Service”). These Terms of Use (“Terms”) govern your access to and use of the Service offered by us. We have provided short summaries of each section of these Terms for your convenience; these summaries are not legally binding, only the full legal terms are binding.

1.2    Acceptance of Our Policies
 

All references to “you”, “your,” or “user” means each person or entity that accesses and/or subscribes to the Service. If you use the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” will refer to that entity. Subscription to the Service is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By subscribing to or using the Service, you represent and warrant that you are eligible.
 

You agree that all information you provide to us, for account registration or otherwise, is governed by our Privacy Policy (https://www.vizdev.com/privacy-policy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy. By creating an account and accessing the Service, you agree and consent to our Privacy Policy.
 

If you entered into a separate Evaluation Agreement, Master Services Agreement or similar contract with us related to your use of our Service (the “Agreement”), then to the extent the terms in your Agreement conflict with these Terms of Use, your Agreement will control.
 

1.3    Changes to the Terms of Use
 

We may revise and update these Terms of Use from time to time in our sole discretion. We will notify you of material changes in advance by emailing you about the changes. All changes are effective immediately when we post them, or the effective date stated in the notice, if applicable, and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction (Section 13.2) will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Service.

Your continued use of the Service following the effective date of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
 

2.    DEFINITIONS
 

These terms that are used throughout these Terms of Use have specific meanings when used in our policies.
 

2.1    “Authorized User” means your employees, consultants, contractors, and agents (1) who are authorized to access and use the Service under the rights granted to you pursuant to these Terms and (2) for whom access to the Service has been purchased hereunder, pursuant to the terms set forth in the Pricing Information provided to you prior to registration.
 

2.2    “Company IP” means the Service, the Documentation, Usage Data, and any and all intellectual property provided to you or any Authorized User in connection with the foregoing. For the avoidance of doubt, Company IP does not include Customer Data.
 

2.3    “Customer Data” means the contents of files, including source code and related files, in any form or medium, that are submitted, by or on behalf of you or your Authorized User to us (through the Service or otherwise). For the avoidance of doubt, file names, file paths, and structural metadata that are incorporated into analytical models generated by the Service constitute Derived Data, not Customer Data. Customer Data does not include Derived Data or Usage Data.
 

2.4    “Derived Data” means output generated by the Service through its processing of Customer Data, including (1) models of source code submitted to the Service and (2) “artifact” files produced through local analysis by the Service. Derived Data is based on Customer Data but is distinct from it. Derived Data does not include personal data.
 

2.5    “Documentation” means our user manuals, handbooks, guides, or other end user documentation relating to the Service provided by us to you either electronically or in hard copy form.
 

2.6    “Feedback” means any communications or materials from you or your Authorized User to us, suggesting or recommending changes to the Company IP, including without limitation, new features or functionality, any comments, questions, suggestions, or the like.
 

2.7    “Fees” means the fees applicable to your subscription, as communicated to you prior to or at the time of registration, without offset or deduction of any kind.
 

2.8    “Usage Data” means telemetry and other behavioral data collected by the Service regarding how you interact with and operate the Service, such as feature usage patterns, session activity, performance metrics, and error reports. Usage Data may be collected and used by us in an aggregate and/or anonymized manner for statistical, operational and product improvement purposes. Usage Data does not include Customer Data.

3.    ACCOUNT TERMS
 

You have to provide certain information to create an account, including your name, email, and sometimes payment method; you are responsible for the security of your account and are responsible for all use of the Service through your account, not us.
 

3.1    Account Registration
 

To register an account and access the Service, you may be asked to provide certain registration details, including your name, email address, and, where required, a valid payment method. It is a condition of your use of the Service that all the information you provide to us is correct, current and complete.
 

3.2    Accessing the Service
 

You are responsible for: ensuring all arrangements necessary for you to have access to the Service and ensuring that all Authorized Users who access the Service through your account are aware of these Terms of Use and comply with them. You, and not us, are responsible for all use of the Service made through your account, whether or not by Authorized Users and whether permitted by these Terms or not.
 

3.3    Download and Acceptance of Terms
 

In order to make use of the Service, you will be required to download and install a software component onto your device. Prior to or upon first use of the software, you will be prompted to review and accept these Terms of Use. By clicking “Accept”, you agree to be bound by these Terms. You will not be permitted to use the Service until you have accepted these Terms.
 

3.4    Account Security
 

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of your account.
 

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
 

4.    TRIAL PERIOD, SUBSCRIPTION TERM, AND TERMINATION
 

When you register for the Service, you may be entitled to a free trial period. Following the trial period, continued access requires a paid subscription. Your subscription will automatically renew until cancelled by us or you. Either of us may terminate the subscription. If your subscription is cancelled, we may retain some of your information to meet our legal obligations.
 

4.1    Trial Period

(a)    When you register an account with us, you may be entitled to a free trial period, as communicated to you at the time of registration (the “Trial Period”). During the Trial Period, you may access and use the Service solely for your own internal evaluation purposes, subject to these Terms, including the use restrictions set forth in Section 8.
 

(b)    The Trial Period and any feature restrictions are determined and disclosed by us at the time of registration and enforced by the Service. Your use of the Service during the Trial Period does not constitute a commercial use under a paid subscription. Upon expiration of the Trial Period, your access to the Service will be subject to Section 4.2 below.
 

4.2    Conversion to Paid Subscription
 

(a)    Upon expiration of the Trial Period, continued access to the Service requires a paid subscription. Depending on the registration path you selected, one of the following will apply:
 

    (1)    Upfront Payment Collection. If you provided a valid payment method at the time of registration, your subscription will begin automatically at the conclusion of the Trial Period, and you will be charged the applicable subscription fee at that time.
 

    (2)    Post-Trial Purchase. If you did not provide a payment method at the time of registration, your access to the Service will be suspended at the conclusion of the Trial Period. To continue using the Service, you must separately purchase a subscription by providing a valid payment method through our website.
 

(b)    In either case, your failure to timely provide a valid payment method or complete the purchase process will result in loss of access to the Service.
 

4.3        Subscription Term
 

Your paid subscription term begins on the date your Trial Period concludes (if applicable) or the date of your initial purchase, whichever is earlier. Unless and until terminated in accordance with this Section 4, your subscription will automatically renew upon the conclusion of each term for successive terms of the same duration at the then-current subscription fee.
 

4.4        Termination
 

    (a)    Termination by You. You may terminate your subscription with us for any reason with 30 day’s notice by email notice, or by management in your account portal, if available.
 

    (b)    Termination by Us. We may terminate your subscription at our discretion if you violate these Terms.
 

4.5        Effect of Termination
 

If your subscription is terminated, we may retain some of your account information in order to comply with legal obligations, resolve any disputes, and enforce our agreements. Beyond those circumstances, we will delete your information within 30 days of termination.

You are responsible for payment of all outstanding fees owed at the effective time of termination. We will not issue refunds or credits due to termination prior to the end of your current term.
 

5.    PAYMENT
 

You are required to pay the fees associated with your use of the Service on time. If you do not, we may suspend your access to the Service.
 

5.1    Fees
 

Subscription to our Service is billed on a recurring basis in advance, and is non-refundable. The fee for your subscription is communicated to you at or prior to the time of registration. We do not issue refunds due to early termination or unused terms for active accounts. Payment is due upon receipt of invoice. If you fail to make any payment when due, or your on-file payment method is declined, without limiting our other rights and remedies, we reserve the right to suspend your access to the Service until such amounts are paid in full, if such failure continues for 10 days or more.

5.2    Changes to Fees
 

We reserve the right to modify our fees from time to time. If we do so, we will provide at least 30 days’ notice of upcoming changes via email. New pricing will take effect beginning with your next term following the completion of the notice period described above.
 

5.3    Payment Processor
 

We use a third-party payment processor (“Payment Processor”) to issue invoices and charge your subscription fees, and that Payment Processor will act as the merchant of record for your financial transactions related to the Service. Processing of payments will be subject to the terms, conditions, and policies of our Payment Processor, in addition to these Terms, which will be made available to you at the time payment details are collected. You must have a payment method on file with the Payment Processor when using the Service and pay all fees and applicable taxes associated with your use of the Service when due. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if the payment has already been requested or received.
 

6.    INTELLECTUAL PROPERTY RIGHTS
 

Our Service is owned by us. We allow you to use it in the ways we permit. Your data belongs to you. The output we generate from your data also belongs to you, but if you share that output with us you grant us the right to use that output for our internal purposes in a way that doesn’t identify you. Any feedback you share about our Service also belongs to us.
 

6.1    Company IP
 

Company IP is owned by us, and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company name, our logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Service are the trademarks of their respective owners.
 

6.2    Customer Data
 

As between us and you, you own all right, title, and interest, including all intellectual property rights, in and to the Customer Data. In order for us to provide the Service to you, you hereby grant us a non-exclusive, royalty-free, worldwide license to use your Customer Data during the term of your subscription for the purpose of providing you the Service.
 

6.3    Derived Data
 

When you submit Customer Data to the Service locally, the Service processes and analyzes that Customer Data on your device to generate Derived Data. All right, title and interest in and to the Derived Data is owned by you. This Derived Data is not automatically transmitted or shared with us, but in some cases users may elect to share certain Derived Data with us outside the Service (via email, for example). By sharing Derived Data with us, you grant us a non-exclusive, royalty-free license to utilize such Derived Data for (a) any specific purpose for which you share it with us and (b) for purposes of product improvement and quality assurance. The Company will retain Derived Data received under this license only for as long as reasonably necessary to fulfill those purposes, and in no event longer than 12 months following receipt. For the avoidance of doubt, the proprietary methods, formats, and algorithms used by the Service to generate Derived Data constitute Company IP and are not affected by Customer's ownership of Derived Data.

6.4    Usage Data
 

In order to ensure proper functioning of the Service and to improve its performance, we collect and compile Usage Data. As between us and you, all right, title, and interest in Usage Data, and all intellectual property rights therein, belong to and are retained solely by us. You acknowledge that we may compile Usage Data based on Customer Data input into the Service. You agree that we may (1) make Usage Data publicly available in compliance with applicable law; or (2) use Usage Data to the extent and in the manner permitted under applicable law, provided that such Usage Data do not identify you or your Authorized Users or your Confidential Information.
 

6.5    Feedback
 

We are free to use your Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby grant us, on your behalf and on behalf of your employees, contractors and/or agents, a perpetual, royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable license to use, modify, implement, and incorporate your Feedback into the Company IP, although we are not required to use any Feedback.
 

7.    CONFIDENTIALITY
 

Your subscription may require the sharing of confidential information between us. Each of us will maintain the other’s confidential information, and only disclose it under limited circumstances when required to do so. When your subscription ends, Confidential Information received by the parties will be destroyed or returned.
 

7.1    Obligations
 

From time to time, either you or we may disclose or make available to the other party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, and whether or not marked, designated or otherwise identified as “confidential” (collectively, “Confidential Information”). The receiving party shall not disclose the disclosing party’s Confidential Information to any person or entity, except to the receiving party’s employees, agents, or advisors who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder. The receiving party shall protect the disclosing party’s Confidential Information using at least the same procedures as it uses to protect its own Confidential Information, but no less than reasonable procedures.

7.2    Exclusions
 

Confidential Information does not include information that, at the time of disclosure is: (1) in the public domain; (2) known to the receiving party at the time of disclosure; (3) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (4) independently developed by the receiving party.
 

7.3    Permitted Disclosure
 

Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (1) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (2) to establish a party’s rights under this Agreement, including to make required court filings.
 

7.4    Return or Destruction of Confidential Information
 

On the expiration or termination of your subscription, the receiving party shall promptly return to the disclosing party all copies, whether in written, electronic, or other form or media, of the disclosing party’s Confidential Information, or destroy all such copies and, if requested, certify in writing to the disclosing party that such Confidential Information has been destroyed. Each party’s obligations of non-disclosure with regard to Confidential Information are effective as of the date of account registration and will expire five years from the date first disclosed to the receiving party, except with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), where such obligations of non-disclosure will continue for as long as such Confidential Information remains subject to trade secret protection under applicable law.

8.    PROHIBITED USES
 

There are certain ways in which you cannot use our Service, like for harmful, illegal, or competitive purposes.
 

8.1    Prohibited Uses
 

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to:
 

    (1)    Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service.
    (2)    Copy, modify, or create derivative works of the Company IP, in whole or in part;
    (3)    Rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Company IP;
    (4)    Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Service, in whole or in part;
    (5)    Remove any proprietary notices from the Company IP; or
    (6)    Use the Company IP in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
    (7)    Use any device, software or routine that interferes with the proper working of the Service.
    (8)    Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful into the Service.
    (9)    Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service.
    (10)    Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
    (11)    Circumvent or attempt to circumvent any Trial Period restrictions, feature limitations, or access controls imposed by the Service.
    (12)    Otherwise attempt to interfere with the proper working of the Service.
 

8.2    Suspension
 

If you violate any of the requirements of this Section 8, we have the right to suspend your account and/or access to the Service, temporarily or permanently. We will use commercially reasonable efforts to provide written notice to you prior to or promptly following any suspension; provided, however, that we may suspend access immediately and without prior notice where we reasonably believe that continued access poses a risk of harm to the Company, the Service, or third parties, including in cases of unauthorized distribution, security threats, or illegal activity.
 

9.    DISCLAIMER OF WARRANTIES
 

Our Service is provided as is, and we do not make promises or guarantees relating to our Service.
 

9.1    Disclaimer
 

Your use of the Service, its content and any Service is at your own risk. The Service, its content and our Service is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Service. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Service, its content or any Service will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Service or Service is free of viruses or other harmful components or that the Service or any Service will otherwise meet your needs or expectations.

9.2    User Responsibilities for Data Security
 

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or any Service.
 

9.3    Statutory Rights
 

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

10.    LIMITATION ON LIABILITY
 

We are not liable for losses arising from your use of or inability to use the Service, regardless of the nature of those losses.
 

10.1    Exclusion of Certain Damages
 

In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or in connection with your use of, or inability to use, the Service or its content, including but not limited to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if the Company has been advised of the possibility of such damages.
 

10.2    Aggregate Liability Cap
 

In no event will the Company's total aggregate liability to you for all claims arising under or related to these Terms or the Service, under any legal theory, exceed the greater of (a) the total fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) $250. The existence of more than one claim will not enlarge this limit.
 

10.3    Statutory Rights
 

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
 

11.    INDEMNIFICATION
 

You are responsible to us for damages we may suffer from your violation of these Terms or your use of the Service except as approved by us.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, your use of the Service, or any use of the Service’s content or Service other than as expressly authorized in these Terms of Use.
 

12.    EXPORT REGULATION
 

The Service may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Service to, or make the Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Service available outside the US.

13.    MISCELLANEOUS
 

13.1    Survival
 

All provisions of this Agreement which, by their nature, should survive termination will survive termination, including without limitation Intellectual Property Rights (Section 6), Disclaimer of Warranties (Section 9), Limitation on Liability (Section 10), and Indemnification (Section 11).
 

13.2    Governing Law and Jurisdiction
 

All matters relating to the Service and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).
 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Virginia, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
 

13.3    Waiver and Severability
 

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
 

13.4    Assignment
We may assign these Terms of Use, and any of our rights or obligations hereunder, without your consent in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, provided that the acquirer or successor assumes all of our obligations hereunder. You may not assign any of your rights or obligations under these Terms of Use without our prior written consent. Any purported assignment in violation of the foregoing is void.
 

13.5    Entire Agreement
 

These Terms of Use, our Privacy Policy, and if applicable, your Agreement, constitute the sole and entire agreement between you and Undaunted Development LLC with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.
 

13.6    Your Comments and Concerns
 

All feedback, comments, requests for technical support and other communications relating to the Service should be directed to: support@undaunted.dev.