Terms of service

Terms of Service

Visache: Terms of Use & Conditions of Sale

Last Updated: Aug 21, 2026

IMPORTANT: PLEASE READ CAREFULLY

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A MASS ACTION WAIVER, AND A JURY TRIAL WAIVER (SEE SECTIONS 22–25) THAT AFFECT YOUR LEGAL RIGHTS. DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 26.

BY ACCESSING OR USING OUR WEBSITE OR PURCHASING FROM US, YOU ACCEPT AND ARE BOUND BY THESE TERMS IN THEIR ENTIRETY.

1. Acceptance of Terms

The terms “we”, “us” and “our” refer to Visache, a brand operated by ASGORD LLC.

These Terms of Service (“Terms”) govern your access to and use of visache.com, including any related subdomains, checkout funnels, landing pages, and mobile experiences (collectively, the “Website”). They also govern any purchase of products or subscription services (“Products”) offered through the Website. These Terms incorporate by reference our Privacy Policy and Refund Policy.

By accessing or using the Website, creating an account, enrolling in a subscription, clicking “I Agree,” or purchasing any Product, you:

  • Represent that you are at least eighteen (18) years of age, or the age of majority in your state or province of residence;
  • Represent that you have full legal capacity to enter into a binding agreement;
  • Agree to be bound by these Terms in their entirety.

If you do not agree, you must not access or use the Website.

1.1 Electronic Assent; Clickwrap
Where presented, you will be required to take an affirmative action acknowledging your agreement to these Terms before completing certain transactions. This may be checking an unchecked box or clicking a clearly labeled button. Your affirmative action constitutes legally binding electronic consent.

1.2 Modifications to Terms
You can review the most current version of these Terms at any time on this page. We may revise these Terms at any time in our sole discretion by posting updates to our Website. If changes are material, we will provide reasonable notice via email, account notification, or website banner. Your continued use of the Website after changes become effective constitutes acceptance of the revised Terms.

2. Website Use, Access & Account Security

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Website solely for personal, non-commercial use. We reserve the right to modify or discontinue any part of the Website, restrict or terminate access, or refuse service to any user at any time and for any reason. We are not liable if the Website becomes unavailable.

If you create an account, you must provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity on your account. You must notify us immediately at support@visache.com of any unauthorized access. You may not transfer, sell, assign, or license your account to any other person. We may disable accounts at our discretion for violations of these Terms.

3. Prohibited Uses

You may access and use the Website for lawful purposes only. You agree not to:

  • Violate any applicable law or regulation;
  • Scrape, crawl, or use any robot, spider, data-gathering tool, AI tool (such as agentic AI) or other automated means to access the Website, except as permitted under Section 4;
  • Interfere with, bypass, or circumvent Website security, authorization features, or robot exclusion headers;
  • Upload or transmit viruses or any other malicious code;
  • Engage in fraudulent, deceptive, or misleading conduct, including spam, phishing, or pretexting;
  • Impersonate any person or entity;
  • Attempt unauthorized access to systems or data;
  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website;
  • Infringe any intellectual property or privacy rights;
  • Harass, abuse, defame, or intimidate any of our employees or any other person;
  • Collect or track the personal information of others.

We reserve the right to investigate and pursue violations to the fullest extent permitted by law, and may suspend or terminate your access without notice.

4. Automated Agents

This Section applies if you use, allow, enable, or cause the deployment of an “Agent” to access, use, or interact with the Website. An Agent is any software or service that takes autonomous or semi-autonomous action on behalf of any person, without direct supervision.

No Agent may access or interact with the Website unless, at all times, it identifies itself and complies with this Section. Agents must:

  • (i) identify the request as coming from an Agent in all HTTP/HTTPS requests, by including “Agent/[agent name]” in the user agent string;
  • (ii) not conceal or obfuscate that interactions come from an Agent, including by mimicking human behavior or by completing or circumventing CAPTCHAs;
  • (iii) respond truthfully to any question seeking to determine whether interactions come from a human or a computer;
  • (iv) not circumvent any measure intended to block, limit, or control Agent access.

We may limit or block any Agent’s access at any time, including by technical measures.

5. Intellectual Property

All Website content is owned by or licensed to ASGORD LLC (“Visache”) and is protected by U.S. and foreign patent, copyright, trademark, and other intellectual property laws. This includes text, images, graphics, product reviews, video, audio, trademarks, logos, software, and design elements.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit Website content without our prior written consent. Visache’s names, logos, product names, designs, and slogans are trademarks of Visache and may not be used without our prior written permission. All other trademarks on the Website are the property of their respective owners. No rights are granted except as expressly provided herein.

DMCA Notice. If you believe content on the Website infringes your copyright, please send notice to support@visache.com with:

  • (i) identification of the copyrighted work;
  • (ii) identification of the infringing material and its location;
  • (iii) your contact information;
  • (iv) a statement of good-faith belief;
  • (v) a statement of accuracy under penalty of perjury.

6. Our Products

6.1 Product Representation
We have made every effort to accurately represent our Products. However, product colors and shades may differ from how they appear on your screen, depending on your device and settings. They may also look different on your skin, depending on skin tone, lighting, and application. We do not warrant that the appearance of any Product will match your expectations or be exactly as depicted on the Website.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. We may also limit the quantities of any Product we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

6.2 Cosmetic Use; Safety; No Medical Advice
Visache Products are cosmetics intended for external use only, as directed on the packaging. They are not intended to diagnose, treat, cure, or prevent any disease. Statements regarding Products have not been evaluated by the United States Food and Drug Administration.

Please review the full ingredient list before use, as you may be sensitive or allergic to certain ingredients. We recommend performing a patch test before first use. Discontinue use immediately if irritation, redness, swelling, or discomfort occurs. If you have a skin condition, a known allergy, or are pregnant or nursing, consult a qualified healthcare professional or dermatologist before use. Keep Products out of reach of children. Individual results may vary.

All information on the Website is for informational purposes only and does not constitute medical, legal, or professional advice. This includes product descriptions, testimonials, tutorials, and educational content.

6.3 Reliance Disclaimer
Any reliance you place on information presented on or through the Website is strictly at your own risk. Visache disclaims all liability and responsibility arising from any reliance placed on Website materials. This includes any interpretation of product descriptions, tutorials, or educational content, and any third-party materials or testimonials appearing on the Website.

7. Errors, Inaccuracies & Omissions

The Website may occasionally contain typographical errors, inaccuracies, or omissions. These may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice. We may also change or update information, or cancel orders, if any information is inaccurate, including after you have submitted your order.

8. Orders & Pricing

8.1 Orders as Offers
An order submitted by you constitutes an offer to purchase Products. Your order is not accepted until Visache confirms acceptance. We reserve the right to refuse or cancel any order at our discretion, including for suspected fraud, pricing errors, or product unavailability. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided with the order. Please review your order carefully before submitting it.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

8.2 Prices & Promotions
Prices are listed in U.S. dollars and are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

From time to time, we may offer promotions governed by separate terms and conditions. If there is a conflict between the promotion terms and these Terms, the promotion terms will govern.

9. Payments & Billing

9.1 Payment Authorization
By providing a payment method, you represent and warrant all of the following:

  • You are authorized to use that payment method.
  • All payment information provided is true, accurate, current, and complete.
  • Charges incurred by you will be honored by your card issuer.

You authorize Visache to charge your payment method for Products purchased, subscription renewals, shipping charges, applicable taxes, and any other disclosed fees. If payment is declined, we may suspend or cancel your order. You are responsible for any bank or card fees. If a charge is reversed, we may invoice you directly and seek payment by another method.

9.2 Account Updater
We may use an automatic account updater service provided by our payment processor. This service may update your stored payment information, such as your card number or expiration date, if your card issuer provides updated information. If it does, you authorize us to charge the updated payment method. If you do not wish to have your payment information automatically updated, remove your stored payment method, cancel your subscription, or contact your card issuer.

9.3 Third-Party Payment Processors
Payments may be processed through third-party providers. Your use of such providers is subject to their terms and privacy policies. Visache is not responsible for payment processor errors.

10. Shipping, Title, Risk of Loss & Delivery Confirmation

Products are shipped via third-party carriers to addresses in the U.S. and to select international locations available at checkout. An accurate shipping address and phone number are required. We are not responsible for delays or non-delivery due to incorrect addresses provided by you. Contact support@visache.com immediately for address changes; we cannot guarantee edits after an order is submitted.

Unless otherwise required by law, title and risk of loss transfer to you upon delivery to the carrier. Shipping and delivery dates are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. International customers are responsible for any customs duties and import taxes.

Carrier delivery confirmation shall be deemed conclusive proof of delivery to the address you provided, even without a signature. This includes for the purpose of resolving disputes, chargebacks, or claims of non-delivery.

11. Returns & Refunds

Returns and refunds are governed solely by our Refund Policy, including our 90-Day Money-Back Guarantee on unopened products. Please review it for complete terms. Refunds, where applicable, are processed to the original payment method, and bank posting times vary. Shipping and handling fees are non-refundable.

12. Subscriptions, Automatic Renewal & Cancellation

12.1 Subscription Enrollment
The Website may offer subscription purchase options (“Subscription Services”), which provide automatic recurring shipments of Products at the frequency selected at checkout. If you enroll, you agree that your subscription includes recurring payment obligations. You also authorize Visache to charge your payment method automatically at the selected billing interval until cancelled.

12.2 Clear and Conspicuous Disclosure; Affirmative Consent
Before you confirm your billing information and complete enrollment, we will present a clear and conspicuous notice in visual proximity to the request for your consent. It will disclose all of the following:

  • That your subscription will automatically renew, and you will be charged on a recurring basis unless you cancel;
  • The length of the renewal period and any additional terms of the renewal (e.g., every 30 days);
  • The amount you will be charged per renewal period and the frequency of those charges, unless you take timely steps to cancel;
  • The cancellation methods available to you, including how to cancel online and how to contact us;
  • A direct link to the online cancellation process at visache.com/account;
  • Our contact information: Visache, c/o ASGORD LLC, support@visache.com, 1209 Mountain Road PL NE.

You will be required to expressly confirm your consent to the recurring charges before your purchase is completed. You will do this by taking an affirmative action, such as checking an unchecked acknowledgment box or clicking a clearly labeled button. Your affirmative action constitutes express informed consent to the automatic renewal terms. We will not use pre-checked boxes or other default mechanisms to obtain this consent.

12.3 Automatic Renewal; Post-Enrollment Confirmation
UNLESS YOU CANCEL IN ACCORDANCE WITH THESE TERMS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE THEN-CURRENT RATE AND AT THE SAME BILLING INTERVAL YOU SELECTED AT CHECKOUT. IF PRICING CHANGES, WE WILL PROVIDE ADVANCE NOTICE AS REQUIRED BY LAW.

Following your enrollment, we will send an order confirmation to the email address you provided. It will include:

  • (a) a summary of the automatic renewal terms;
  • (b) the amount charged and the billing frequency;
  • (c) the cancellation methods available to you;
  • (d) a direct link to the online cancellation process.

Please retain this confirmation for your records. If you do not receive it within 24 hours of enrollment, contact us at support@visache.com.

12.4 How to Cancel; No Unreasonable Barriers
You may cancel your Subscription Service at any time. To avoid being charged for the next billing cycle, you must complete cancellation at least twenty-four (24) hours before your next scheduled billing date. You can cancel in either of these ways:

  • Online (easiest): Log into your account at visache.com/account and follow the clearly labeled cancellation steps. No phone call is required.
  • Email: Send a cancellation request to support@visache.com. We will confirm your cancellation within one (1) business day.

We will not require you to speak with a live representative, complete a retention flow, or take any steps beyond those described above in order to cancel. Cancellations made through the account portal take effect upon on-screen confirmation, and you will receive a confirmation email. No further recurring charges will be processed, and no additional shipments will be sent, after the current billing cycle concludes.

12.5 Failed Payments; Reauthorization
If a recurring charge fails, you authorize us to retry the charge, contact you for updated payment information, and suspend shipments until payment is received. Your continued enrollment in a Subscription Service constitutes reaffirmation of your authorization to charge your payment method. Unpaid balances may be referred for collection where permitted by law.

12.6 California Subscriber Rights
If you are a California resident, the following additional disclosures apply. They are made under California Business and Professions Code Section 17601 et seq. (the Automatic Renewal Law) and Section 17535 et seq.

  • Automatic Renewal Terms: Your subscription will automatically renew every 30 days, or at the billing interval you selected, at the then-current subscription price, unless you cancel before the next renewal date.
  • Cancellation: You may cancel at any time by logging into your account at visache.com/account or by emailing support@visache.com. We will not make it difficult for you to cancel.
  • Refund for Unauthorized Charges: If we fail to provide the required disclosures before your enrollment, we will provide a full refund of any charges you did not authorize. Contact support@visache.com to request a refund under this provision.
  • Contact: Visache, c/o ASGORD LLC, support@visache.com, 1209 Mountain Road PL NE, [City, State ZIP]. You may also contact the California Department of Consumer Affairs, Consumer Information Division, at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210.

13. Electronic Communications & SMS

13.1 Electronic Communications
By using the Website, creating an account, or making a purchase, you consent to receive electronic communications from us. These include order confirmations, shipping notifications, subscription reminders, customer service communications, and marketing communications (if you opted in). You may opt out of marketing emails via the unsubscribe link in those emails. Electronic communications satisfy any legal requirement that such communications be in writing.

13.2 SMS / Mobile Messaging Program
Visache may offer a mobile messaging program. By opting in, you expressly consent to receive recurring autodialed or prerecorded marketing and transactional text messages from or on behalf of Visache, at the mobile number provided. Consent is not a condition of purchase. Message frequency varies, and message and data rates may apply.

You may opt out at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message. Carriers are not liable for delayed or undelivered messages.

14. Privacy; Cookies & Tracking

All information we collect is subject to our Privacy Policy, which is incorporated into these Terms by reference. Because the Website is hosted by Shopify, some personal information may also be subject to Shopify’s Privacy Policy. Information you submit may be transmitted to and shared with Shopify and third parties, some of which may be located in other countries, in order to provide our services to you.

Our Website uses cookies, pixels, and similar tracking technologies, operated by us and by third parties. We use them to enhance user experience, analyze Website performance, personalize content, and support advertising and marketing activities. For more information, please review our Privacy Policy.

15. User Content, Reviews & Feedback

15.1 License
You may submit reviews, testimonials, photos, comments, ideas, suggestions, or other content (“User Content”). By doing so, you grant Visache a perpetual, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, distribute, publicly display, and create derivative works from that content for any purpose, including business and marketing purposes. We have no obligation to keep User Content confidential, to pay compensation for it, or to respond to it.

15.2 Your Responsibilities
You represent and warrant all of the following:

  • You own or control all rights in the User Content, and it does not violate any third party’s rights.
  • It is truthful and not misleading.
  • You have disclosed any compensation or incentives received in connection with it.
  • It does not contain unlawful, abusive, obscene, or defamatory material, or any malware.

You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any User Content.

15.3 Our Rights
We reserve the right, but not the obligation, to monitor, edit, remove, or refuse to post User Content. We may also suspend or terminate user access for violations. We reserve the right to cooperate fully with any law enforcement authorities or court order directing us to disclose user information. You waive and hold Visache harmless from any claims arising from such disclosures made in good-faith compliance with legal obligations.

16. Third-Party Tools & Links

The Website may provide access to third-party tools, or contain links to third-party websites and materials. We do not monitor or control these. They are provided “as is” and “as available,” without any warranty or endorsement. We are not responsible for their content, practices, accuracy, or legality, nor for any harm arising from your use of them. Use them at your own risk, and review their terms and privacy policies before engaging in any transaction. Complaints, claims, or questions regarding third-party products and services should be directed to the third party.

17. Relationship with Shopify

Visache is powered by Shopify, which enables us to provide the Website to you. However, any sales and purchases you make on our Website are made directly with Visache. By using the Website, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Visache. This includes any injury, damage, or loss resulting from purchased Products. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Visache.

18. Disclaimer of Warranties

THE WEBSITE, PRODUCTS, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISACHE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THIS INCLUDES WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, RELIABILITY, AND AVAILABILITY. VISACHE DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PRODUCTS WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VISACHE, ASGORD LLC, SHOPIFY, OR ANY OF THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION. IT APPLIES TO DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE WEBSITE, ANY PRODUCT PURCHASE, ANY SUBSCRIPTION SERVICE, OR ANY ADVERTISING OR MARKETING PRACTICES. IT APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

19.1 Cap on Direct Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISACHE’S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO VISACHE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THIS AMOUNT SHALL CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDY.

19.2 Allocation of Risk
You acknowledge that the pricing of Products reflects the allocation of risk set forth in this Section, and that Visache would not enter into these Terms without these limitations.

20. Indemnification

You agree to defend, indemnify, and hold harmless Visache, ASGORD LLC, Shopify, and their affiliates, licensors, service providers, officers, directors, employees, contractors, agents, and successors from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees. This applies to anything arising out of or relating to:

  • your violation of these Terms;
  • your misuse of the Website or Products;
  • your violation of any law;
  • your violation of any third-party rights.

Visache reserves the right to assume exclusive defense and control of any matter subject to indemnification. You agree to cooperate in that defense.

21. Limitation on Time to File Claims

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, ANY PRODUCT, OR ANY SUBSCRIPTION SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES. IF NOT COMMENCED WITHIN THAT PERIOD, THE CLAIM IS PERMANENTLY BARRED, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

22. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

22.1 Agreement to Arbitrate
You and Visache agree to resolve any “Dispute” exclusively through binding, confidential arbitration on an individual basis. A Dispute means any dispute, claim, controversy, or cause of action arising out of or relating to these Terms, the Website, any Product, any subscription or automatic renewal, any advertising or marketing practices, or any alleged misrepresentation. The term “Dispute” shall be interpreted broadly.

22.2 Federal Arbitration Act
These Terms evidence a transaction in interstate commerce. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs this arbitration agreement. The arbitrator shall decide all threshold issues of arbitrability, including scope, validity, and enforceability.

22.3 Mandatory Pre-Arbitration Notice
Before initiating arbitration, the initiating party must send a written Notice of Dispute by certified mail. It must include your full name, mailing address, the email associated with your account, a description of the claim, and the specific relief sought. Notice to Visache must be sent to:

Visache, c/o ASGORD LLC, Attn: Legal Department, 1209 Mountain Road PL NE, 

The parties shall make good-faith efforts to resolve the Dispute for thirty (30) days before filing arbitration.

22.4 Reservation of Self-Help Remedies
Nothing in this Section prevents Visache from exercising lawful self-help remedies. These include responding to chargebacks, pursuing collection efforts, suspending or terminating accounts, offsetting amounts owed, or enforcing payment obligations as permitted by law.

22.5 Arbitration Procedure
Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, before a single neutral arbitrator. If AAA declines administration, the parties shall mutually select a nationally recognized arbitration provider; if they cannot agree, a court shall appoint one.

The arbitrator may award all remedies available in an individual action under applicable law. These include compensatory, statutory, and punitive damages, declaratory and injunctive relief, and attorneys’ fees where authorized. The arbitrator may not award relief on a class, representative, or consolidated basis.

22.6 Arbitration Cost Allocation
Filing, administration, and arbitrator fees shall be governed by the AAA Consumer Arbitration Rules. To the extent required by those rules, Visache will bear arbitration fees above the amount you would pay to file a comparable action in court. Each party shall bear its own attorneys’ fees unless otherwise provided by law.

22.7 Exceptions
The following exceptions apply to this Section:

  • Either party may bring an individual action in small claims court.
  • Visache may seek injunctive or equitable relief in state or federal courts for claims involving intellectual property, confidential information, unauthorized resale, fraud, misuse of the Website, or any violation of these Terms that threatens irreparable harm.
  • Where applicable law prohibits the waiver of a claim for public injunctive relief, that claim may be brought in a court of competent jurisdiction. All other claims remain subject to arbitration.

23. Class Action Waiver

YOU AND VISACHE AGREE THAT ALL DISPUTES SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, SERVE AS A CLASS REPRESENTATIVE, ACT AS A PRIVATE ATTORNEY GENERAL, OR JOIN OR CONSOLIDATE CLAIMS. THE ARBITRATOR HAS NO AUTHORITY TO CONDUCT CLASS PROCEEDINGS.

24. Mass Action Waiver

No Dispute shall be brought as a “Mass Action.” A Mass Action means twenty-five (25) or more similar arbitration demands filed within one hundred eighty (180) days and coordinated by the same or affiliated counsel. Such claims shall not be consolidated or administered collectively without Visache’s consent.

If Mass Action conditions are met, claims shall be grouped in batches of no more than two hundred (200) claimants. Only one batch may proceed at a time, with a separate arbitrator appointed per batch. Statutes of limitation shall be tolled during the batching period. A neutral Special Master may be appointed to resolve procedural disputes.

25. Jury Trial Waiver

IF ANY DISPUTE PROCEEDS IN COURT, YOU AND VISACHE WAIVE THE RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.

26. Opt-Out Right

You may opt out of the arbitration agreement within thirty (30) days of first accepting these Terms. To do so, send written notice by certified mail to Visache, c/o ASGORD LLC, Attn: Legal Department, 1209 Mountain Road PL NE, [City, State ZIP]. Your notice must include your name, address, email, and a clear statement of your intent to opt out. Opting out does not affect your other rights or obligations under these Terms.

If any portion of the arbitration agreement is found unenforceable as to a specific claim, that claim shall proceed in court, while all other claims remain subject to arbitration.

27. Governing Law

Except as otherwise provided in Section 22, these Terms shall be governed by the laws of the State of [State], without regard to conflict-of-law principles.

28. Force Majeure

Visache shall not be liable for any delay or failure to perform any obligation under these Terms if it results from causes beyond our reasonable control. These include acts of God, natural disasters, pandemics or public health emergencies, labor disputes, supply chain disruptions, governmental actions, war or terrorism, internet service failures, payment processor outages, and carrier delays. Performance shall be excused for the duration of the event.

29. Termination

These Terms remain in effect until terminated. We may terminate or suspend your access at any time, in our sole discretion and without notice, for violations of these Terms. You will remain liable for all amounts due up to and including the date of termination.

The following provisions survive termination: intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, payment obligations, and any other provisions that by their nature should survive.

30. General Provisions

  • Assignment: You may not assign your rights or delegate your obligations under these Terms without our prior written consent; any such attempt is null and void. Visache may assign or transfer these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or corporate reorganization.
  • No Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
  • Severability: If any provision of these Terms is found invalid or unenforceable, it will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in full effect.
  • Entire Agreement: These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Visache. They supersede any prior agreements or communications. No ambiguity shall be construed against the drafting party.
  • Headings: Headings are for convenience only and do not limit or affect these Terms.

31. Contact Information

For questions regarding these Terms, please contact us at:

Visache
c/o ASGORD LLC
1209 Mountain Road PL NE
United States
Email: support@visache.com