Terms of Service

Welcome to SmartVisuals ("the Service"). These Terms of Service ("Terms") govern your use of our AI-powered Power BI custom visual and related services provided by SmartVisuals ("we," "us," or "our").

Important: By using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. License Grant and Restrictions

1.1 License Types

We offer the following license types:

• Free Tier: 100 queries per month for individuals
• Starter: $12/month - 750 messages per month for small teams
• Professional: $29/month - 2,000 messages per month for growing teams
• Enterprise: $149/month - 15,000 queries/month for organizations

All paid licenses are available as monthly or annual subscriptions. Annual subscriptions receive a discount.

1.2 License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable license to use the SmartVisuals software within Microsoft Power BI for your internal business purposes.

1.3 Restrictions

You may not:

• Reverse engineer, decompile, or disassemble the software
• Remove or alter any proprietary notices or labels
• Use the Service for any illegal or unauthorized purposes
• Exceed your allocated query limits
• Share your license key with unauthorized users
• Use the Service to compete with our business
• Attempt to circumvent usage tracking or limits

2. AI Access: SmartVisuals AI and Bring Your Own Key (BYOK)

2.1 SmartVisuals AI (Included)

Every license key, including the Free plan, includes AI responses through a SmartVisuals-managed AI provider account (SmartVisuals AI), up to your plan's monthly message limit. SmartVisuals AI requires no AI provider account or API key of your own.

SmartVisuals AI is provided as a current allowance: we may change the underlying AI provider or model, adjust fair-use limits, or modify, suspend, or discontinue SmartVisuals AI at any time. If SmartVisuals AI is unavailable or your allowance is exhausted, the visual keeps working and you can connect your own API key (BYOK, section 2.2); the visual is never blocked. Automated, abusive, or excessive use of SmartVisuals AI beyond normal interactive chatting may result in throttling or suspension of the feature for the affected license.

2.2 Bring Your Own Key (Optional)

Alternatively, you may provide your own API keys from supported AI providers:

• OpenAI
• Azure OpenAI
• Anthropic (Claude)
• Google (Gemini)
• XAI (Grok)

2.3 Your Responsibilities (BYOK)

When using your own API keys, you are responsible for:

• Obtaining and maintaining your own API keys
• All charges and costs from AI providers
• Compliance with AI provider terms of service
• Security and confidentiality of your API keys
• Any data processing through third-party AI services

2.4 Our Role

In all modes, we do not:

• Store your API keys on our servers
• Log or monitor your query content (see the Privacy Policy for the optional Conversation History feature)
• Use your queries or data to train AI models

With BYOK and a direct provider (OpenAI, xAI, Azure OpenAI), your queries are sent directly from your Power BI instance to the provider using your API key; Anthropic and Google requests pass through a SmartVisuals relay that does not store them. With SmartVisuals AI, queries are relayed transiently through our servers to the AI provider as described in the Privacy Policy. BYOK costs with AI providers are incurred by you; SmartVisuals AI costs are borne by SmartVisuals within your plan's allowance.

3. Payment Terms

3.1 Subscription Billing

Paid plans are billed:

• Monthly: Charged every month on your subscription date
• Annual: Charged once per year with discounted pricing

All payments are processed through Polar.sh, and you agree to their terms of service.

3.2 NO REFUNDS

NO REFUNDS: All payments are final and non-refundable. You may cancel your subscription at any time to prevent future charges, or downgrade to the Free tier. There are no refunds for partial months, unused queries, or cancellations.

3.3 Automatic Renewal

Subscriptions automatically renew unless canceled. You can cancel anytime through your account dashboard or by contacting hello@smartvisuals.io.

3.4 VAT and Taxes

Prices exclude VAT and other applicable taxes. EU businesses must provide a valid VAT ID for reverse charge mechanism.

4. Service Availability

4.1 Uptime

We strive to maintain high service availability but do not guarantee 100% uptime. The Service may be unavailable due to maintenance, updates, or technical issues.

4.2 Dependencies

Our Service depends on:

• Microsoft Power BI Service availability
• Third-party AI provider availability (for SmartVisuals AI and BYOK alike)
• Internet connectivity

Service interruptions may occur due to issues with these dependencies, which are beyond our control.

5. Data and Privacy

5.1 What We Collect

We collect and process:

• Account data: Email address, name, billing information
• Usage statistics: Query counts, feature usage, session data
• License data: License keys, validation events, subscription status
• Technical data: IP addresses, browser information, error logs

5.2 What We DON'T Collect

We do NOT collect or store:

• The content of your queries
• Your Power BI data or report content
• AI-generated responses
• Your API keys

Exception: conversation content is stored only when you keep the optional Conversation History feature enabled, or transiently when you use PDF Export; see the Privacy Policy.

5.3 Data Processing

How your queries are processed depends on the AI access mode:

• With BYOK and a direct provider, your queries go directly from your browser to your chosen AI provider; Anthropic and Google requests pass through a non-storing SmartVisuals relay
• With SmartVisuals AI, queries are relayed transiently through our servers to the AI provider and are not logged or used for training; for metering we record the model and the number of tokens used against your license
• Data handling by the AI provider is subject to that provider's terms and privacy policy
• We only track usage statistics (query counts, not content)

See our Privacy Policy for complete details.

6. Intellectual Property

6.1 Our IP

The SmartVisuals software, including all code, designs, documentation, and trademarks, is our proprietary property protected by intellectual property laws.

6.2 Your Data

You retain all rights to:

• Your data and query content
• Your Power BI reports and dashboards
• AI-generated results

We do not claim ownership of your data or content.

7. Account Termination

7.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through your dashboard
• Emailing hello@smartvisuals.io
• Downgrading to the Free tier

7.2 Termination by Us

We may suspend or terminate your account for:

• Violation of these Terms
• Non-payment of fees
• Abuse of the Service
• Fraudulent activity
• Illegal use

7.3 Effect of Termination

Upon termination:

• Your access to paid features ceases immediately
• You remain responsible for all charges incurred before termination
• License keys become invalid
• No refunds are provided

8. Disclaimers and Limitation of Liability

8.1 Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted or error-free
• Results will be accurate or reliable
• AI models will produce correct answers
• The Service will meet your specific requirements

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability shall not exceed the amount you paid in the 12 months preceding the claim
• We are not liable for indirect, incidental, consequential, or special damages
• We are not responsible for AI provider service interruptions or costs
• We are not liable for data loss or business interruption

8.3 AI Model Limitations

AI models may produce:

• Inaccurate or incorrect results
• Biased or inappropriate content
• Incomplete or misleading information

You are responsible for reviewing and validating all AI-generated content before use in business decisions.

9. Indemnification

You agree to indemnify and hold SmartVisuals harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of third-party rights
• Your use of AI provider services
• Content you submit through the Service

10. Governing Law

These Terms are governed by the laws of the Czech Republic, without regard to conflict of law principles. Any disputes shall be resolved in Czech courts.

11. Changes to Terms

We may update these Terms at any time. Changes become effective upon posting. Material changes will be notified via:

• Email to registered users
• Notice on our website
• In-app notification

Continued use of the Service after changes constitutes acceptance of the updated Terms.

12. Miscellaneous

12.1 Entire Agreement

These Terms constitute the entire agreement between you and SmartVisuals regarding the Service.

12.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.

12.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

12.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

13. Contact Information

For questions about these Terms:

Email: hello@smartvisuals.io

Website: https://www.smartvisuals.io

We respond to all inquiries within 2 business days.