Terms of Service

These Terms of Service (“Terms”) govern your purchase of and access to software subscriptions sold by Envisage Companies, LLC (“Envisage,” “we,” “us,” or “our”). By creating an account, checking a box to accept these Terms, completing a purchase, or using any of our software, you agree to these Terms. If you accept these Terms on behalf of a business or other organization, you confirm that you have authority to bind that organization, and “you” refers to that organization. If you do not have that authority or do not agree, do not accept these Terms or use the Services.

1. Our software

Envisage owns and operates VISN© (Virtual Information Sharing Network), a secure client portal software platform. We offer the following subscription products built on VISN©, each referred to in these Terms as a “Portal”:

• CaseLink, available at caselinkportal.com.
• FileButler, available at filebutler.io.

“Services” means VISN©, each Portal, our websites, and any related support we provide.

Each Portal may present additional product-specific agreements at registration or checkout, such as a product privacy policy, a data retention policy, a Business Associate Agreement, or a white-label agreement (“Product Terms”). Product Terms apply only to the Portal that presents them.

2. Accounts, users, and eligibility

The Services are intended for businesses, professionals, and other organizations. You must be at least 18 years old to create an account.

You are responsible for:

• Providing accurate account and billing information and keeping it current.
• Keeping passwords, verification codes, and devices used to sign in secure, and not sharing sign-in credentials between people.
• All activity under your account, including activity by users you invite, unless caused by our breach of these Terms.
• Adding, managing, and removing your authorized users and their permissions, and removing access promptly when someone leaves your organization.
• Keeping the number of users within the number your plan includes, or paying for additional users.

Notify us promptly if you believe your account or credentials have been accessed without authorization.

3. Subscriptions, billing, and automatic renewal

Plans and pricing. Each Portal is sold on the monthly or annual subscription plans shown at checkout. The price, billing interval, and any per-user or storage charges are shown before you complete your purchase.

Automatic renewal. Your subscription renews automatically at the end of each billing period for the same period and at the then-current price until you cancel. By completing checkout, you authorize us to charge your payment method for each renewal and for any additional charges described in this section.

Additional charges. Some plans include limits on users or storage. If you add users or exceed a storage limit, additional charges apply as shown at purchase or in your Portal before the charge is made.

Payment processing. Payments are processed by Stripe, Inc., our third-party payment processor. We do not store full payment card numbers. Your payment information is also subject to Stripe’s terms and privacy policy.

Taxes. Prices do not include applicable sales, use, or similar taxes unless stated otherwise. You are responsible for those taxes, other than taxes based on our income.

Failed payments. If a payment fails, we may retry the charge and notify you. If payment is not resolved within 15 days after we notify you, we may suspend access to the Portal until the balance is paid.

Billing disputes. If you believe a charge is incorrect, notify us in writing within 60 days of the charge and before disputing it with your card issuer, so we can review it.

Price changes. We may change subscription prices. We will give you at least 30 days’ notice before a new price applies to your next renewal. If you do not agree, you may cancel before the new price takes effect.

4. Cancellation and refunds

You may cancel at any time through your account, where that option is available, or by emailing us at the address in Section 22. Cancellation takes effect at the end of your current billing period, and you keep access until then.

Fees are not refundable, including for partial billing periods or unused time on an annual plan, unless a refund is expressly stated in writing or required by law. If we terminate your subscription for our convenience rather than for your breach, we will refund the prepaid fees for the unused portion of your subscription.

5. Your content

“Customer Content” means the files, documents, messages, forms, signatures, and other information that you and your authorized users upload to or create in a Portal.

You keep all ownership rights in your Customer Content. You grant Envisage and our service providers a limited right to host, store, copy, transmit, process, back up, and display Customer Content only as needed to provide, secure, and support the Services, to comply with law, and to enforce these Terms.

You confirm that you have all rights, consents, and authorizations needed to upload your Customer Content and to share it with the people you invite, and that your Customer Content does not infringe anyone’s rights, violate any law, or contain malicious code.

We do not review Customer Content in the ordinary course of business. We may remove or disable access to Customer Content if we reasonably believe it violates these Terms or the law, infringes someone’s rights, or creates a security risk, and we will notify you when we do so unless the law prohibits it.

6. Subscribers and their clients

Many subscribers use a Portal to share files and communicate with their own clients, customers, or other invited users (“End Users”). If you invite End Users:

• You are responsible for your relationship with your End Users, including giving them any privacy notices, obtaining any consents, and meeting any professional or legal obligations you owe them.
• You are responsible for how you and your End Users use the Portal, and for any disputes between you and your End Users.
• End Users may be asked to accept our terms before using a Portal. Their acceptance does not create any obligation on our part to them beyond what the law requires.

If your plan includes white-label branding, you grant us a limited right to display your name, logo, and branding inside your Portal during your subscription. You confirm that you have the right to grant that permission.

7. Protected health information and restricted data

Some customers use a Portal to store or share protected health information. If you do, you are responsible for determining whether that use is permitted, for obtaining any required authorizations, and for requesting and executing a Business Associate Agreement with us before uploading protected health information, where the Portal offers one. Where a Business Associate Agreement is in effect between you and Envisage, it governs our handling of protected health information for that Portal.

Do not upload full payment card numbers, card security codes, or banking passwords to a Portal. The Portals are not designed to meet payment card industry security standards for storing that information.

8. Confidentiality

Each party may receive non-public information from the other, including Customer Content, pricing, security information, and business plans (“Confidential Information”). Each party will use the other’s Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will share it only with its employees, contractors, advisers, and service providers who need to know it and are bound by confidentiality obligations at least as protective as these.

Confidential Information does not include information that is or becomes public through no fault of the receiving party, was already known to the receiving party, is received from someone else without a confidentiality duty, or is independently developed. A party may disclose Confidential Information when required by law or legal process, but will give the other party prompt notice first where the law allows, so it can seek protection.

9. Acceptable use

You agree not to, and not to allow others to:

• Use the Services for any unlawful, fraudulent, deceptive, or harmful purpose.
• Upload content you do not have the right to share, or content that contains viruses, malware, or other harmful code.
• Attempt to access accounts, data, or systems you are not authorized to access.
• Perform security testing, vulnerability scanning, or penetration testing on the Services without our written permission.
• Interfere with or overload the Services, or use automated means to access them except as we permit.
• Copy, modify, reverse engineer, decompile, resell, sublicense, or create derivative works of the Services, except as the law expressly allows.
• Access the Services to build a competing product or for benchmarking or competitive analysis.
• Use the Services to send unsolicited bulk messages.
• Share accounts or reassign user seats to get around plan limits.

10. Electronic records and signatures

You agree that these Terms, notices, receipts, and other records we provide may be delivered electronically, and that your electronic acceptance has the same effect as a handwritten signature. Electronic records of your acceptance are admissible as business records to the same extent as paper originals.

Where a Portal offers electronic signature features, you are responsible for obtaining the consent of each signer to do business electronically and for determining whether an electronic signature is appropriate for a particular document under the laws that apply to you.

11. Service providers, integrations, and artificial intelligence

We use third-party service providers for hosting, cloud storage, payment processing, and email delivery, as described in our Privacy Policy. Files uploaded to a Portal are stored with Backblaze, Inc., and Envisage maintains a signed Business Associate Agreement with Backblaze for protected health information stored there.

If you connect a third-party product or service to a Portal, your use of that product is governed by your agreement with its provider. We are not responsible for third-party products you choose to use.

FileButler does not send Customer Content to any outside artificial intelligence or model provider. If any Portal offers a feature that uses an outside artificial intelligence provider, that Portal’s Product Terms or documentation identify the provider, and the feature is available only to users you authorize.

12. Availability, beta features, and changes to the Services

We work to keep the Services available and secure, but we do not guarantee uninterrupted access. The Services may be unavailable during maintenance, updates, or events outside our reasonable control. We may modify, add, or remove features. If we remove a feature that is material to your paid subscription, we will give you reasonable notice.

We may offer features labeled as beta, preview, or early access. Those features are optional, may change or end at any time, may not work as expected, and are provided “as is” without any warranty or support commitment.

13. Exporting your content

During your subscription, you can download your Customer Content using the tools available in your Portal. For 30 days after your subscription ends, you may ask us in writing to provide an export of your Customer Content. After that, Customer Content is retained and deleted as described in the applicable Portal’s data retention policy. Copies in routine backups are deleted on our normal backup schedule and remain protected by these Terms while they exist.

You are responsible for keeping your own copies of Customer Content that you are legally or professionally required to retain.

14. Intellectual property and feedback

Envisage owns VISN©, the Portals, and all related software, designs, workflows, templates, documentation, and trademarks, including all updates and improvements. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription for your internal business purposes. The Services are licensed, not sold. No other rights are granted, and we reserve all rights not expressly granted.

If you send us feedback or suggestions, you grant us a perpetual, royalty-free right to use them for any purpose without obligation to you.

15. Copyright complaints

We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you believe content in a Portal infringes your copyright, send a written notice to our copyright agent at envisagecompaniesllc@gmail.com with “Copyright Notice” in the subject line. Your notice must include:

• Your physical or electronic signature, or the signature of a person authorized to act for the copyright owner.
• Identification of the copyrighted work you believe is infringed.
• Identification of the material you believe is infringing and enough information for us to locate it.
• Your name, address, telephone number, and email address.
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.

If we remove material in response to a notice, we will notify the subscriber who controls it. That subscriber may send a counter-notice as the law provides. We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe.

16. Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, ENVISAGE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NEVER BE LOST. NO ADVICE, MARKETING MATERIAL, OR INFORMATION FROM ENVISAGE CREATES ANY WARRANTY NOT STATED IN THESE TERMS.

The Services are software tools. Envisage does not provide legal, medical, tax, accounting, or other professional advice through the Services, and you remain responsible for decisions you make using them. Because the Services operate over the internet, which we do not control, we are not responsible for interruptions or losses caused by internet failures or by third parties who attack systems despite our reasonable safeguards.

17. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ENVISAGE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

ENVISAGE’S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID FOR THE PORTAL GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE FIRST EVENT THAT GAVE RISE TO LIABILITY.

These limits apply to every kind of claim, whether in contract, tort, negligence, or otherwise, even if a limited remedy fails of its essential purpose. They reflect the allocation of risk built into our pricing.

18. Indemnification

You agree to defend, indemnify, and hold harmless Envisage and its members, officers, and contractors from third-party claims, losses, and expenses, including reasonable attorneys’ fees, arising from your Customer Content, your use of the Services in violation of these Terms or the law, or a dispute between you and your End Users or clients. We will notify you promptly of any claim, let you control its defense, and reasonably cooperate at your expense. You may not settle a claim in a way that imposes an obligation on Envisage without our written consent.

19. Suspension and termination

We may suspend access to all or part of a Portal if you fail to pay, violate these Terms, create a security risk, use the Services unlawfully, or if suspension is needed to protect the Services or other customers. Where practical, we will give notice, limit the suspension to the affected part of the Services, and restore access once the problem is fixed.

Either party may terminate these Terms if the other party materially breaches them and does not cure the breach within 30 days after written notice. We may terminate immediately if continuing would violate the law.

After termination or cancellation, your right to use the Services ends. Sections 5, 8, 13, 14, 16, 17, 18, 20, 21, and 22 survive termination, along with any payment obligations.

20. Governing law, venue, and disputes

These Terms are governed by the laws of the State of Florida and applicable federal law of the United States, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising from or relating to these Terms or the Services must be brought exclusively in the state courts located in Broward County, Florida, or the United States District Court for the Southern District of Florida, and each party consents to the personal jurisdiction of those courts. Either party may seek injunctive relief in any court of competent jurisdiction to protect its Confidential Information or intellectual property.

In any lawsuit arising from these Terms, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs.

YOU AND ENVISAGE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES.

YOU AND ENVISAGE EACH AGREE TO BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, TO THE EXTENT PERMITTED BY LAW.

21. Compliance

Export controls and sanctions. The Services are subject to United States export control and economic sanctions laws. You confirm that you are not located in a country subject to a United States embargo and are not named on, or owned or controlled by anyone named on, any United States government list of restricted or sanctioned parties. You will not allow anyone to access or use the Services in violation of those laws.

Government customers. The Services are commercial computer software and commercial computer software documentation developed at private expense. If a United States government agency acquires the Services, its rights are only those granted in these Terms, as provided in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement provisions for commercial computer software.

Public records requests. If you are a public agency and receive a request under a public records law for our pricing, security information, or other Confidential Information, you will notify us promptly, where the law allows, so we can identify exempt information before you respond.

22. General terms

Changes to these Terms. We may update these Terms. We will post the updated Terms with a new effective date and, for material changes, notify account holders by email or portal notice at least 30 days before they take effect. Continued use after the effective date means you accept the updated Terms.

Entire agreement and order of precedence. These Terms, together with any Product Terms and any agreement signed by both you and Envisage, are the entire agreement about the Services and replace all prior discussions. If they conflict, a signed agreement controls first, then Product Terms for that Portal, then these Terms. Terms in any purchase order or similar document you send do not apply, even if we accept the order.

Severability and waiver. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the rest remains in effect. Our failure or delay in enforcing a provision is not a waiver.

Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

Force majeure. Neither party is liable for delay or failure to perform, other than payment obligations, caused by events beyond its reasonable control, including hurricanes, floods, fires, other natural disasters, power or internet failures, failures of third-party hosting providers, labor disputes, war, terrorism, and government actions, if that party gives notice without undue delay and uses reasonable efforts to resume performance.

Independent contractors. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship.

No third-party beneficiaries. These Terms benefit only you and Envisage. No one else, including End Users, has rights to enforce them.

Notices. We may send notices to the email address on your account. You must send legal notices, including notices of breach, termination, or claims, to envisagecompaniesllc@gmail.com with “Legal Notice” in the subject line. Notices are effective on the day sent by email.

Interpretation. Headings are for convenience only. “Including” means “including without limitation.”

Location. The Services are operated from and intended for use in the United States.

Contact.

Envisage Companies, LLC
Fort Lauderdale, Florida
Email: envisagecompaniesllc@gmail.com
Phone: (954) 408-4253