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Terms of Service

Last Updated: February 13, 2026

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and David Heijl ("we", "us", "our", or "Service Provider") governing your use of Vist, including the website at usevist.dev, the web application at app.usevist.dev, desktop applications, and all related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

2. Service Description

Vist is a note-taking and task management application with AI-powered features including semantic search, intelligent organization, and content suggestions. The Service is provided as a software-as-a-service (SaaS) platform accessible via web browsers and desktop applications.

3. Prerelease Software and Beta Status

3.1 Nature of Service

IMPORTANT: The Service is provided as prerelease software and is currently in a beta or experimental state. This means:

  • Features may be incomplete, unstable, or subject to change
  • The Service may experience downtime, data loss, or interruptions
  • Functionality may be added, modified, or removed without notice
  • Performance and reliability are not guaranteed

3.2 User Acknowledgment

By using the Service, you acknowledge and agree that:

  • You use the Service at your own risk
  • The Service is provided for testing and evaluation purposes
  • You should maintain backup copies of any important data
  • You understand the experimental nature of the Service

4. No Warranties — "AS IS" Provision

4.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

To the maximum extent permitted by applicable law, we expressly disclaim all warranties, including but not limited to:

  • Merchantability: No warranty that the Service is fit for any particular purpose
  • Fitness for Purpose: No warranty that the Service will meet your requirements
  • Non-Infringement: No warranty that the Service does not infringe third-party rights
  • Quality: No warranty regarding the quality, accuracy, or reliability of the Service
  • Availability: No warranty that the Service will be uninterrupted, timely, secure, or error-free
  • Data Integrity: No warranty that data will be accurate, complete, or preserved without loss

4.2 No Guarantees

We make no guarantees, representations, or warranties regarding:

  • The functionality, performance, or reliability of the Service
  • The accuracy, completeness, or usefulness of any content or results
  • The security or confidentiality of data transmission
  • The compatibility with your systems or third-party services
  • The correction of defects or errors

5. Account Registration and Eligibility

5.1 Age Requirement

You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

5.2 Account Information

You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access or security breach
  • Accept responsibility for all activities under your account

5.3 Account Suspension

We reserve the right to suspend or terminate your account at any time, with or without cause, with or without notice.

6. User Content and License Grant

6.1 Your Content

You retain all ownership rights to the content you create, upload, or store in the Service ("User Content"), including notes, tasks, and other materials.

6.2 License to Service Provider

By uploading User Content to the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to:

  • Store, process, and transmit your User Content as necessary to provide the Service
  • Use AI and machine learning technologies to analyze and enhance your User Content for features you request
  • Make backup copies for data protection and service continuity purposes

This license terminates when you delete your content or close your account, except for:

  • Content shared with other users (which remains subject to their rights)
  • Backup copies retained according to our data retention policies
  • Anonymized data used for analytics and service improvement

6.3 Prohibited Content

You agree not to upload, store, or share User Content that:

  • Violates any applicable law or regulation
  • Infringes intellectual property rights of third parties
  • Contains malware, viruses, or harmful code
  • Promotes illegal activities, violence, or harm to others
  • Contains child sexual abuse material or exploits minors
  • Violates privacy rights or contains unauthorized personal data of others

7. Acceptable Use

7.1 Prohibited Activities

You agree not to:

  • Use the Service for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Interfere with or disrupt the Service or servers
  • Use automated tools (bots, scrapers) without authorization
  • Reverse engineer, decompile, or disassemble the Service
  • Remove, obscure, or alter any proprietary notices
  • Resell, sublicense, or redistribute the Service
  • Use the Service to send spam or unsolicited communications
  • Impersonate any person or entity
  • Collect or harvest data from the Service without authorization

7.2 Consequences of Violation

Violation of these acceptable use provisions may result in:

  • Immediate suspension or termination of your account
  • Legal action to enforce our rights
  • Reporting to appropriate authorities
  • Liability for damages and costs, including legal fees

8. Limitation of Liability

8.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, arising from or related to:

  • Your use of or inability to use the Service
  • Any interruption, suspension, or termination of the Service
  • Any errors, defects, or bugs in the Service
  • Any data loss, corruption, or security breaches
  • Any unauthorized access to or alteration of your content
  • Any third-party content or conduct on the Service
  • Any other matter relating to the Service

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and whether or not we have been advised of the possibility of such damages.

8.2 Maximum Liability Cap

OUR TOTAL AGGREGATE LIABILITY to you for all claims arising from or relating to the Service shall not exceed the greater of:

  • €100 (one hundred euros), or
  • The total amount you paid us (if any) in the 12 months preceding the claim

8.3 Essential Purpose

You acknowledge that these liability limitations are an essential element of the agreement between you and us, and that we would not provide the Service without these limitations.

9. Indemnification

You agree to indemnify, defend, and hold harmless David Heijl and the Service Provider from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to:

  • Your use of the Service
  • Your User Content
  • Your violation of these Terms
  • Your violation of any rights of third parties
  • Your violation of any applicable laws or regulations

10. Payment and Subscriptions

10.1 Merchant of Record

All payments for the Service are processed by Paddle.com Market Limited, who acts as the merchant of record. By purchasing a subscription, you enter into a separate agreement with Paddle for payment processing.

10.2 Pricing and Fees

  • Subscription fees are as displayed in the Service at the time of purchase
  • All prices are in Euros (EUR) or other currencies as displayed
  • Prices are subject to change at any time
  • We are not responsible for transaction fees, taxes, or currency conversion fees charged by Paddle or your payment provider

10.3 Billing and Renewals

  • Subscriptions automatically renew at the end of each billing period unless cancelled
  • You authorize Paddle to charge your payment method for recurring fees
  • Refunds are provided at our sole discretion
  • We may change pricing for future billing periods by providing notice in advance

10.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting Paddle. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial periods except as required by law.

11. Service Availability and Modifications

11.1 No Guarantee of Availability

We do not guarantee that the Service will be available at all times. The Service may experience:

  • Scheduled or emergency maintenance
  • Interruptions, delays, or errors
  • Temporary or permanent discontinuation
  • Performance degradation
  • Service outages due to infrastructure, network, or third-party failures

11.2 Right to Modify or Discontinue

WE RESERVE THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE THE SERVICE (in whole or in part) at any time, with or without notice, for any reason, including but not limited to:

  • Maintenance, updates, or improvements
  • Security concerns or legal requirements
  • Business decisions or economic factors
  • Technical limitations or infrastructure changes
  • End of beta testing period

We shall have no liability to you or any third party for any modification, suspension, or discontinuation of the Service.

11.3 Changes to Terms

We may modify these Terms at any time by:

  • Posting the updated Terms on the Service
  • Updating the "Last Updated" date
  • Notifying you via email or in-app notification (for material changes)

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

12. Data Export and Portability

12.1 Export Functionality

We provide functionality to export all your data in Markdown and JSON format. You may use this feature at any time to download:

  • All notes and content
  • All tasks and metadata
  • All organizational structures (labels, folders, etc.)
  • Account information

12.2 Data Format

Exported data is provided in structured Markdown and JSON format, which is machine-readable and can be processed by other applications. We do not guarantee compatibility with any specific third-party application.

12.3 Export Availability

The export functionality is subject to the same availability and reliability limitations as the rest of the Service. We recommend exporting your data regularly as a backup measure.

13. Account Termination and Data Deletion

13.1 Termination by User

You may terminate your account at any time through the account settings. Upon termination:

  • Your access to the Service will be revoked
  • Your User Content will be scheduled for deletion within 30 days
  • Your subscription (if any) will be cancelled (no refund for partial periods)

13.2 Termination by Service Provider

We may terminate or suspend your account immediately, without notice, for any reason, including but not limited to:

  • Violation of these Terms
  • Illegal or fraudulent activity
  • Abuse of the Service or other users
  • Non-payment of fees
  • At our sole discretion

13.3 Effect of Termination

Upon termination of your account:

  • Your right to use the Service immediately ceases
  • You remain liable for all obligations incurred prior to termination
  • Sections of these Terms that by their nature should survive (including liability limitations, indemnification, and governing law) shall survive termination

13.4 Data Retrieval

You are responsible for exporting your data before account termination. After account deletion, we may not be able to recover your data.

14. Intellectual Property

14.1 Service Ownership

The Service, including all software, designs, text, graphics, user interfaces, trademarks, logos, and other content (excluding User Content), is owned by us or our licensors and is protected by intellectual property laws.

14.2 Reservation of Rights

All rights not expressly granted in these Terms are reserved. You may not:

  • Copy, modify, or create derivative works of the Service
  • Use our trademarks, logos, or branding without authorization
  • Remove or alter any proprietary notices
  • Claim ownership of any aspect of the Service

14.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without any obligation to you, including for commercial purposes, without compensation.

15. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal data is governed by our Privacy Notice, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Notice.

16. Third-Party Services

16.1 Third-Party Links

The Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services.

16.2 Third-Party Terms

Your use of third-party services (including payment processors, AI providers, and analytics services) is subject to their respective terms and conditions. We are not a party to and have no responsibility for those agreements.

17. Governing Law and Jurisdiction

17.1 Applicable Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of Belgium, without regard to conflict of law principles.

17.2 Jurisdiction

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Belgium.

17.3 European Union Consumer Rights

If you are a consumer located in the European Union, you may also have rights under EU consumer protection laws that cannot be waived by these Terms. Nothing in these Terms affects your statutory rights as a consumer.

18. Dispute Resolution

18.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at david@usevist.dev to attempt to resolve the dispute informally.

18.2 Arbitration (Optional)

If informal resolution fails, disputes may be resolved through binding arbitration as an alternative to court proceedings, subject to applicable law and your agreement.

18.3 Class Action Waiver

To the extent permitted by law, you agree that disputes will be resolved on an individual basis and waive any right to bring or participate in class actions or representative proceedings.

19. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

  • Acts of God, natural disasters, epidemics, pandemics
  • War, terrorism, civil unrest, government actions
  • Internet outages, infrastructure failures, cyberattacks
  • Third-party service provider failures
  • Labor disputes, strikes, or lockouts

20. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

21. Entire Agreement

These Terms, together with the Privacy Notice and any other legal notices published by us, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, understandings, and communications.

22. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.

23. Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms to any successor or affiliate without restriction.

24. Language

These Terms are written in English. Any translations are provided for convenience only, and the English version shall prevail in case of any conflict.

25. Contact Information

For questions, concerns, or notices regarding these Terms, please contact:

David Heijl
Email: david@usevist.dev

26. Acknowledgment and Agreement

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

You further acknowledge that:

  • The Service is provided "AS IS" without warranties
  • The Service is prerelease software and may be unstable
  • We may discontinue the Service at any time
  • Our liability is limited as described in Section 8
  • You are responsible for backing up your data
  • You use the Service at your own risk

Effective Date: This Terms of Service agreement is effective as of the date indicated at the top of this document.