Terms And Conditions
TERMS OF USE
WWW.VELARCLOUD.COM
Version Date: January 2, 2025
TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”), along with our Company Privacy Policy, constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”), and Velar Cloud and its affiliated companies, websites, applications, and tools (collectively, Velar Cloud, “Company” or “we” or “us” or “our”), concerning your access to and use of the http://www.velarcloud.com/ Website(s) as well as any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Sites”).
The Sites provide the following services: Customer relationship management (CRM), marketing tools, and business automation solutions designed to help businesses manage customer interactions, streamline processes, and grow efficiently (collectively, “Company Services”).
Supplemental terms and conditions or documents that may be posted on the Sites from time to time are hereby expressly incorporated into this Agreement by reference. The Company makes no representation that the Sites are appropriate or available in other locations other than where it is operated by the Company. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Sites. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Sites. Persons under the age of 13 are not permitted to register for the Sites or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY USING THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.
Velar Cloud may offer a free trial or sample of our products or services. The duration of the free trial period and all other details of the offer will be posted on our Sites. If you wish to try our free options, please read through them carefully first. Velar Cloud will bill you through Stripe for our Services. By using our paid options, you agree to pay Velar Cloud all charges at the prices then in effect for the products or services you or other persons using your billing account may purchase, and you authorize Velar Cloud to charge your chosen payment provider for any such purchases. You agree to make payment using the selected payment method. If you have ordered a product or service that is subject to recurring charges, then you agree to us charging your payment method on a recurring basis, without requiring prior approval from you for each recurring charge, until such time as you cancel the applicable product or service.
Velar Cloud reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by the Company. The Company may change prices at any time. All payments shall be in U.S. dollars.
REFUND AND RETURN
For more information on our return and refund policy, please see our refund policy on our website at www.velarcloud.com or email us at [email protected].
USER REPRESENTATIONS
Regarding Your RegistrationBy using the Velar Cloud Services, you represent and warrant that:
A. All registration information you submit is truthful and accurate;
B. You will maintain the accuracy of such information;
C. You will keep your password confidential and will be responsible for all use of your password and account;
D. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use our Sites; and
E. Your use of the Company Services does not violate any applicable law or regulation. You also agree to:
(a) Provide true, accurate, current, and complete information about yourself as prompted by the Sites' registration form; and
(b) Maintain and promptly update registration data to keep it true, accurate, current, and complete.If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine it appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.
Regarding Content You Provide. We may invite you to chat or participate in blogs, message boards, online forums, and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to our Sites and/or to or via the Sites’ forms, emails, chat agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions, or personally identifiable information or other material (collectively “Contributions”).
Any Contributions you transmit to Velar Cloud will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:A. The creation, distribution, transmission, public display, and performance, accessing, downloading, and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party;
B. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Velar Cloud and the Sites’ users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
C. You have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by our Sites;
D. Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable (as determined by Velar Cloud), libelous or slanderous, does not ridicule, mock, disparage, intimidate, or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage, or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
E. Your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
F. Your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
G. Your Contribution does not otherwise violate or link to material that violates any provision of this Agreement or any applicable law or regulation.
CONTRIBUTION LICENSE
By posting Contributions to any part of the Sites or making them accessible to the Sites by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Velar Cloud an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, and sublicense the foregoing.
GUIDELINES FOR REVIEWS
Velar Cloud may accept, reject, or remove reviews in its sole discretion. Velar Cloud has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: Reviewers should have firsthand experience with the person/entity being reviewed; Reviews should not contain offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; or references to illegal activity; Reviewers should not be affiliated with competitors if posting negative reviews;Reviewers should not make any conclusions as to the legality of conduct; and Reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative.
Reviews are not endorsed by Velar Cloud and do not represent the views of Velar Cloud or of any affiliate or partner of the company. Velar Cloud does not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, the reviewer hereby grants to Velar Cloud a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable license to Velar Cloud to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Use LicenseIf you are accessing the Velar Cloud Services via a mobile application, then Velar Cloud grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license.
You shall use the application strictly in accordance with the terms of this license and shall not:
a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
c) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers, or the licensors of the application;
e) use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
g) use the application for creating a product, service, or software that is directly or indirectly competitive with or in any way a substitute for the application;
h) use the application to send automated queries to any Sites or to send any unsolicited commercial e-mail; or
i) use any proprietary information or interfaces of Velar Cloud in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the Velar Cloud Services.
You acknowledge that this Agreement is concluded between you and Velar Cloud only, and not with Apple Inc. or Google, Inc. (each an "App Distributor"). Velar Cloud, not an App Distributor, is solely responsible for the Velar Cloud application and the content thereof.
Scope of License: The license granted to you for the Velar Cloud application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service.
Maintenance and Support: Velar Cloud is solely responsible for providing any maintenance and support services with respect to the Velar Cloud application, as specified in this Agreement or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish maintenance and support services with respect to the Velar Cloud application.
Warranty: Velar Cloud is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Velar Cloud application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Velar Cloud application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Velar Cloud application and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Velar Cloud's sole responsibility.
Product Claims: You acknowledge that Velar Cloud, not the App Distributor, is responsible for addressing any claims by you or any third party relating to the Velar Cloud application or your possession and/or use of the Velar Cloud application.
SOCIAL MEDIA
As part of the functionality of Velar Cloud's services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third Party Account”) by: Providing your Third Party Account login information through Velar Cloud services; or Allowing Velar Cloud to access your Third Party Account as permitted under the applicable terms and conditions that govern your use of such Third Party Account.
By linking a Third Party Account: You ensure you are entitled to disclose the Third Party Account login information to Velar Cloud. You authorize Velar Cloud to access and use the information available via the Third Party Account for purposes outlined in these terms.
Please note: Your Third Party Account activity may still be governed by the privacy settings and agreements applicable to that Third Party Account.
SUBMISSIONS
By submitting any questions, comments, suggestions, ideas, or feedback ("Submissions") about Velar Cloud's services, you agree that: Your submissions are non-confidential.Velar Cloud has the unrestricted right to use, reproduce, modify, publish, or distribute your submissions for any purpose—commercial or otherwise—without acknowledgment or compensation.
PROHIBITED ACTIVITIES
You may not use Velar Cloud’s services for any purposes other than those expressly permitted by the company. Activities that are prohibited include, but are not limited to:
A. Engaging in illegal, fraudulent, or harmful activities.
B. Impersonating others or using another user's credentials.
C. Attempting to bypass security measures to access restricted areas.
D. Deciphering or reverse engineering Velar Cloud's software or code.
E. Removing or altering copyright notices.
F. Using automated tools (e.g., bots or scraping tools) to extract data from Velar Cloud's services.
INTELLECTUAL PROPERTY RIGHTS
The content on Velar Cloud's websites and services (collectively "Velar Cloud Content")—including trademarks, service marks, and logos—is owned by or licensed to Velar Cloud. These are protected under copyright and other intellectual property laws worldwide.Velar Cloud Content includes, but is not limited to, source code, databases, software, website designs, text, audio, video, graphics, and logos. You may not reproduce, distribute, or modify Velar Cloud Content for commercial purposes without prior written consent.Velar Cloud grants you a limited, non-exclusive license to use and download Velar Cloud Content solely for your personal, non-commercial use. This license does not transfer ownership of any intellectual property to you.
THIRD PARTY WEBSITES AND CONTENT
Velar Cloud's websites and services may include links to third-party websites, applications, or content ("Third-Party Content"). Velar Cloud does not monitor, endorse, or guarantee the accuracy or reliability of Third-Party Content.If you access any Third-Party Content, you do so at your own risk, and you agree that Velar Cloud is not responsible for any resulting damages or issues. You should review the terms and privacy policies of any third-party websites before use.
SITE MANAGEMENT
Velar Cloud reserves the right but is not obligated to:
A. Monitor the website for violations of this Agreement;
B. Take appropriate legal action against any individual or entity violating this Agreement, including reporting such conduct to law enforcement authorities;
C. Restrict access to any content or user, remove or disable access to content deemed excessive or in violation of Velar Cloud's policies, or otherwise manage the site in a way to protect its integrity;
D. Remove or disable access to content or functionality that is burdensome to Velar Cloud's systems;
E. Facilitate proper functioning and protect the rights and interests of Velar Cloud and its users.
TERM AND TERMINATION
This Agreement remains in effect while you use Velar Cloud services or are a user of Velar Cloud’s platforms. You may terminate your participation at any time by following the instructions provided for account deletion or by contacting Velar Cloud's support team. Velar Cloud reserves the right to terminate your access to services or block your participation without prior notice for violations of laws, breaches of this Agreement, or any reason deemed necessary. This includes deletion of user profiles, content, or accounts associated with such violations. Additionally, Velar Cloud reserves the right to block certain IP addresses or restrict access to maintain the integrity of its services.
Provisions That Survive Termination
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.Cancellation Rights
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY'S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS.
TO CANCEL, CALL A VELAR CLOUD CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTED BELOW IN THIS AGREEMENT. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
Modifications To Agreement
Velar Cloud may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Sites and revisions will be indicated by date. You agree to be bound by any changes to this Agreement when you use the Velar Cloud Services after any such modification becomes effective. Velar Cloud may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by email. It is important that you regularly review this Agreement and keep your contact information current in your account settings.
Velar Cloud reserves the right at any time to modify or discontinue, temporarily or permanently, the Velar Cloud Services (or any part thereof) with or without notice. You agree that Velar Cloud shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Velar Cloud Services.
Disputes Between Users
If there is a dispute between users of the Sites or between users and any third party, you understand and agree that Velar Cloud is under no obligation to become involved.
A. Estonian Jurisdiction
This Agreement and all aspects of the Sites and Velar Cloud Services shall be governed by and construed in accordance with the internal laws of Estonia, without regard to conflict of law provisions. Any disputes or claims not subject to informal resolution shall be prosecuted exclusively in the courts located in Estonia.
B. Binding Arbitration
If you and Velar Cloud are unable to resolve a Dispute, the matter may be resolved through binding arbitration conducted under the rules of the American Arbitration Association ("AAA"). You understand that arbitration is final and binding.
C. Restrictions
Arbitration will be limited to you and Velar Cloud, and no arbitration shall be joined with another. You waive the right to class action arbitration or similar procedures.
Corrections
Occasionally, there may be typographical errors or omissions related to the Sites. Velar Cloud reserves the right to correct any such errors at any time, without prior notice.Disclaimers
YOU AGREE THAT YOUR USE OF THE SITES AND VELAR CLOUD SERVICES WILL BE AT YOUR SOLE RISK. VELAR CLOUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VELAR CLOUD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR SERVICES PROVIDED.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL Velar Cloud, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Velar Cloud HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Velar Cloud'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Velar Cloud FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
INDEMNITY
You agree to defend, indemnify, and hold Velar Cloud, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Your use of the Company Services.Your breach of these Terms of Use.Any breach of your representations and warranties set forth above.Your violation of the rights of a third party, including but not limited to intellectual property rights.Any overt harmful act toward any other user of the Sites with whom you connected via the Company Services.
Velar Cloud reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Velar Cloud, and you agree to cooperate, at your expense, with Velar Cloud’s defense of such claims. Velar Cloud will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES
Except as explicitly stated otherwise, any notices given to Velar Cloud shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
USER DATA
Our Sites will maintain certain data that you transfer to the Sites for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred to or that relates to any activity you have undertaken using the Company Services. You agree that Velar Cloud shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Velar Cloud arising from any such loss or corruption of such data.
Disclaimer of Liability for Software Malfunction or Data Breach:
Software subscription purchased from Velar Cloud is considered "as-is," and we make no warranties or representations regarding its functionality, accuracy, or security. By purchasing a subscription and using any software from Velar Cloud, you acknowledge that software, like all technology, may experience occasional malfunctions, errors, or interruptions. Velar Cloud shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from the use or inability to use our software, including but not limited to loss of data, business, or profits. By using this software, you understand and accept the inherent risks associated with data transmission over the internet and agree that Velar Cloud shall not be responsible for any security incidents resulting from third-party actions, unforeseen vulnerabilities, or force majeure events.
ELECTRONIC CONTRACTING
Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Velar Cloud regarding the use of the services. Any failure on Velar Cloud’s part to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
CONTACT US
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Velar Cloud as set forth below: Velar Cloud
TERMS OF USE
WWW.VELARCLOUD.COM
Version Date: January 2, 2025
TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”), along with our Company Privacy Policy, constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”), and Velar Cloud and its affiliated companies, websites, applications, and tools (collectively, Velar Cloud, “Company” or “we” or “us” or “our”), concerning your access to and use of the http://www.velarcloud.com/ Website(s) as well as any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Sites”).
The Sites provide the following services: Customer relationship management (CRM), marketing tools, and business automation solutions designed to help businesses manage customer interactions, streamline processes, and grow efficiently (collectively, “Company Services”).
Supplemental terms and conditions or documents that may be posted on the Sites from time to time are hereby expressly incorporated into this Agreement by reference. The Company makes no representation that the Sites are appropriate or available in other locations other than where it is operated by the Company. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Sites. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Sites. Persons under the age of 13 are not permitted to register for the Sites or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY USING THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.
Velar Cloud may offer a free trial or sample of our products or services. The duration of the free trial period and all other details of the offer will be posted on our Sites. If you wish to try our free options, please read through them carefully first. Velar Cloud will bill you through Stripe for our Services. By using our paid options, you agree to pay Velar Cloud all charges at the prices then in effect for the products or services you or other persons using your billing account may purchase, and you authorize Velar Cloud to charge your chosen payment provider for any such purchases. You agree to make payment using the selected payment method. If you have ordered a product or service that is subject to recurring charges, then you agree to us charging your payment method on a recurring basis, without requiring prior approval from you for each recurring charge, until such time as you cancel the applicable product or service.
Velar Cloud reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by the Company. The Company may change prices at any time. All payments shall be in U.S. dollars.
REFUND AND RETURN
For more information on our return and refund policy, please see our refund policy on our website at www.velarcloud.com or email us at [email protected].
USER REPRESENTATIONS
Regarding Your RegistrationBy using the Velar Cloud Services, you represent and warrant that:
A. All registration information you submit is truthful and accurate;
B. You will maintain the accuracy of such information;
C. You will keep your password confidential and will be responsible for all use of your password and account;
D. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use our Sites; and
E. Your use of the Company Services does not violate any applicable law or regulation. You also agree to:
(a) Provide true, accurate, current, and complete information about yourself as prompted by the Sites' registration form; and
(b) Maintain and promptly update registration data to keep it true, accurate, current, and complete.If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine it appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.
Regarding Content You Provide. We may invite you to chat or participate in blogs, message boards, online forums, and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to our Sites and/or to or via the Sites’ forms, emails, chat agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions, or personally identifiable information or other material (collectively “Contributions”).
Any Contributions you transmit to Velar Cloud will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:A. The creation, distribution, transmission, public display, and performance, accessing, downloading, and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party;
B. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Velar Cloud and the Sites’ users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
C. You have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by our Sites;
D. Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable (as determined by Velar Cloud), libelous or slanderous, does not ridicule, mock, disparage, intimidate, or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage, or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
E. Your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
F. Your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
G. Your Contribution does not otherwise violate or link to material that violates any provision of this Agreement or any applicable law or regulation.
CONTRIBUTION LICENSE
By posting Contributions to any part of the Sites or making them accessible to the Sites by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Velar Cloud an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, and sublicense the foregoing.
GUIDELINES FOR REVIEWS
Velar Cloud may accept, reject, or remove reviews in its sole discretion. Velar Cloud has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: Reviewers should have firsthand experience with the person/entity being reviewed; Reviews should not contain offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; or references to illegal activity; Reviewers should not be affiliated with competitors if posting negative reviews;Reviewers should not make any conclusions as to the legality of conduct; and Reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative.
Reviews are not endorsed by Velar Cloud and do not represent the views of Velar Cloud or of any affiliate or partner of the company. Velar Cloud does not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, the reviewer hereby grants to Velar Cloud a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable license to Velar Cloud to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Use LicenseIf you are accessing the Velar Cloud Services via a mobile application, then Velar Cloud grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license.
You shall use the application strictly in accordance with the terms of this license and shall not:
a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
c) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers, or the licensors of the application;
e) use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
g) use the application for creating a product, service, or software that is directly or indirectly competitive with or in any way a substitute for the application;
h) use the application to send automated queries to any Sites or to send any unsolicited commercial e-mail; or
i) use any proprietary information or interfaces of Velar Cloud in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the Velar Cloud Services.
You acknowledge that this Agreement is concluded between you and Velar Cloud only, and not with Apple Inc. or Google, Inc. (each an "App Distributor"). Velar Cloud, not an App Distributor, is solely responsible for the Velar Cloud application and the content thereof.
Scope of License: The license granted to you for the Velar Cloud application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service.
Maintenance and Support: Velar Cloud is solely responsible for providing any maintenance and support services with respect to the Velar Cloud application, as specified in this Agreement or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish maintenance and support services with respect to the Velar Cloud application.
Warranty: Velar Cloud is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Velar Cloud application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Velar Cloud application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Velar Cloud application and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Velar Cloud's sole responsibility.
Product Claims: You acknowledge that Velar Cloud, not the App Distributor, is responsible for addressing any claims by you or any third party relating to the Velar Cloud application or your possession and/or use of the Velar Cloud application.
SOCIAL MEDIA
As part of the functionality of Velar Cloud's services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third Party Account”) by: Providing your Third Party Account login information through Velar Cloud services; or Allowing Velar Cloud to access your Third Party Account as permitted under the applicable terms and conditions that govern your use of such Third Party Account.
By linking a Third Party Account: You ensure you are entitled to disclose the Third Party Account login information to Velar Cloud. You authorize Velar Cloud to access and use the information available via the Third Party Account for purposes outlined in these terms.
Please note: Your Third Party Account activity may still be governed by the privacy settings and agreements applicable to that Third Party Account.
SUBMISSIONS
By submitting any questions, comments, suggestions, ideas, or feedback ("Submissions") about Velar Cloud's services, you agree that: Your submissions are non-confidential.Velar Cloud has the unrestricted right to use, reproduce, modify, publish, or distribute your submissions for any purpose—commercial or otherwise—without acknowledgment or compensation.
PROHIBITED ACTIVITIES
You may not use Velar Cloud’s services for any purposes other than those expressly permitted by the company. Activities that are prohibited include, but are not limited to:
A. Engaging in illegal, fraudulent, or harmful activities.
B. Impersonating others or using another user's credentials.
C. Attempting to bypass security measures to access restricted areas.
D. Deciphering or reverse engineering Velar Cloud's software or code.
E. Removing or altering copyright notices.
F. Using automated tools (e.g., bots or scraping tools) to extract data from Velar Cloud's services.
INTELLECTUAL PROPERTY RIGHTS
The content on Velar Cloud's websites and services (collectively "Velar Cloud Content")—including trademarks, service marks, and logos—is owned by or licensed to Velar Cloud. These are protected under copyright and other intellectual property laws worldwide.Velar Cloud Content includes, but is not limited to, source code, databases, software, website designs, text, audio, video, graphics, and logos. You may not reproduce, distribute, or modify Velar Cloud Content for commercial purposes without prior written consent.Velar Cloud grants you a limited, non-exclusive license to use and download Velar Cloud Content solely for your personal, non-commercial use. This license does not transfer ownership of any intellectual property to you.
THIRD PARTY WEBSITES AND CONTENT
Velar Cloud's websites and services may include links to third-party websites, applications, or content ("Third-Party Content"). Velar Cloud does not monitor, endorse, or guarantee the accuracy or reliability of Third-Party Content.If you access any Third-Party Content, you do so at your own risk, and you agree that Velar Cloud is not responsible for any resulting damages or issues. You should review the terms and privacy policies of any third-party websites before use.
SITE MANAGEMENT
Velar Cloud reserves the right but is not obligated to:
A. Monitor the website for violations of this Agreement;
B. Take appropriate legal action against any individual or entity violating this Agreement, including reporting such conduct to law enforcement authorities;
C. Restrict access to any content or user, remove or disable access to content deemed excessive or in violation of Velar Cloud's policies, or otherwise manage the site in a way to protect its integrity;
D. Remove or disable access to content or functionality that is burdensome to Velar Cloud's systems;
E. Facilitate proper functioning and protect the rights and interests of Velar Cloud and its users.
TERM AND TERMINATION
This Agreement remains in effect while you use Velar Cloud services or are a user of Velar Cloud’s platforms. You may terminate your participation at any time by following the instructions provided for account deletion or by contacting Velar Cloud's support team. Velar Cloud reserves the right to terminate your access to services or block your participation without prior notice for violations of laws, breaches of this Agreement, or any reason deemed necessary. This includes deletion of user profiles, content, or accounts associated with such violations. Additionally, Velar Cloud reserves the right to block certain IP addresses or restrict access to maintain the integrity of its services.
Provisions That Survive Termination
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.Cancellation Rights
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY'S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS.
TO CANCEL, CALL A VELAR CLOUD CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTED BELOW IN THIS AGREEMENT. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
Modifications To Agreement
Velar Cloud may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Sites and revisions will be indicated by date. You agree to be bound by any changes to this Agreement when you use the Velar Cloud Services after any such modification becomes effective. Velar Cloud may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by email. It is important that you regularly review this Agreement and keep your contact information current in your account settings.
Velar Cloud reserves the right at any time to modify or discontinue, temporarily or permanently, the Velar Cloud Services (or any part thereof) with or without notice. You agree that Velar Cloud shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Velar Cloud Services.
Disputes Between Users
If there is a dispute between users of the Sites or between users and any third party, you understand and agree that Velar Cloud is under no obligation to become involved.
A. Estonian Jurisdiction
This Agreement and all aspects of the Sites and Velar Cloud Services shall be governed by and construed in accordance with the internal laws of Estonia, without regard to conflict of law provisions. Any disputes or claims not subject to informal resolution shall be prosecuted exclusively in the courts located in Estonia.
B. Binding Arbitration
If you and Velar Cloud are unable to resolve a Dispute, the matter may be resolved through binding arbitration conducted under the rules of the American Arbitration Association ("AAA"). You understand that arbitration is final and binding.
C. Restrictions
Arbitration will be limited to you and Velar Cloud, and no arbitration shall be joined with another. You waive the right to class action arbitration or similar procedures.
Corrections
Occasionally, there may be typographical errors or omissions related to the Sites. Velar Cloud reserves the right to correct any such errors at any time, without prior notice.Disclaimers
YOU AGREE THAT YOUR USE OF THE SITES AND VELAR CLOUD SERVICES WILL BE AT YOUR SOLE RISK. VELAR CLOUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VELAR CLOUD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR SERVICES PROVIDED.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL Velar Cloud, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Velar Cloud HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Velar Cloud'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Velar Cloud FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
INDEMNITY
You agree to defend, indemnify, and hold Velar Cloud, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Your use of the Company Services.Your breach of these Terms of Use.Any breach of your representations and warranties set forth above.Your violation of the rights of a third party, including but not limited to intellectual property rights.Any overt harmful act toward any other user of the Sites with whom you connected via the Company Services.
Velar Cloud reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Velar Cloud, and you agree to cooperate, at your expense, with Velar Cloud’s defense of such claims. Velar Cloud will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES
Except as explicitly stated otherwise, any notices given to Velar Cloud shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
USER DATA
Our Sites will maintain certain data that you transfer to the Sites for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred to or that relates to any activity you have undertaken using the Company Services. You agree that Velar Cloud shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Velar Cloud arising from any such loss or corruption of such data.
Disclaimer of Liability for Software Malfunction or Data Breach:
Software subscription purchased from Velar Cloud is considered "as-is," and we make no warranties or representations regarding its functionality, accuracy, or security. By purchasing a subscription and using any software from Velar Cloud, you acknowledge that software, like all technology, may experience occasional malfunctions, errors, or interruptions. Velar Cloud shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from the use or inability to use our software, including but not limited to loss of data, business, or profits. By using this software, you understand and accept the inherent risks associated with data transmission over the internet and agree that Velar Cloud shall not be responsible for any security incidents resulting from third-party actions, unforeseen vulnerabilities, or force majeure events.
ELECTRONIC CONTRACTING
Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Velar Cloud regarding the use of the services. Any failure on Velar Cloud’s part to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
CONTACT US
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Velar Cloud as set forth below: Velar Cloud
Terms And Conditions
TERMS OF USE
WWW.VELARCLOUD.COM
Version Date: January 2, 2025
TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”), along with our Company Privacy Policy, constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”), and Velar Cloud and its affiliated companies, websites, applications, and tools (collectively, Velar Cloud, “Company” or “we” or “us” or “our”), concerning your access to and use of the http://www.velarcloud.com/ Website(s) as well as any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Sites”).
The Sites provide the following services: Customer relationship management (CRM), marketing tools, and business automation solutions designed to help businesses manage customer interactions, streamline processes, and grow efficiently (collectively, “Company Services”). Supplemental terms and conditions or documents that may be posted on the Sites from time to time are hereby expressly incorporated into this Agreement by reference. The Company makes no representation that the Sites are appropriate or available in other locations other than where it is operated by the Company. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Sites.
If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Sites. Persons under the age of 13 are not permitted to register for the Sites or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY USING THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.
Velar Cloud may offer a free trial or sample of our products or services. The duration of the free trial period and all other details of the offer will be posted on our Sites. If you wish to try our free options, please read through them carefully first. Velar Cloud will bill you through Stripe for our Services.
By using our paid options, you agree to pay Velar Cloud all charges at the prices then in effect for the products or services you or other persons using your billing account may purchase, and you authorize Velar Cloud to charge your chosen payment provider for any such purchases.
You agree to make payment using the selected payment method. If you have ordered a product or service that is subject to recurring charges, then you agree to us charging your payment method on a recurring basis, without requiring prior approval from you for each recurring charge, until such time as you cancel the applicable product or service.
Velar Cloud reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by the Company. The Company may change prices at any time. All payments shall be in U.S. dollars.
REFUND AND RETURN
For more information on our return and refund policy, please see our refund policy on our website at www.velarcloud.com or email us at [email protected].
USER REPRESENTATIONS
Regarding Your RegistrationBy using the Velar Cloud Services, you represent and warrant that:
A. All registration information you submit is truthful and accurate;
B. You will maintain the accuracy of such information;
C. You will keep your password confidential and will be responsible for all use of your password and account;
D. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use our Sites; and
E. Your use of the Company Services does not violate any applicable law or regulation. You also agree to:
(a) Provide true, accurate, current, and complete information about yourself as prompted by the Sites' registration form; and
(b) Maintain and promptly update registration data to keep it true, accurate, current, and complete.If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).We reserve the right to remove or reclaim or change a user name you select if we determine it appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.
Regarding Content You Provide. We may invite you to chat or participate in blogs, message boards, online forums, and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to our Sites and/or to or via the Sites’ forms, emails, chat agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions, or personally identifiable information or other material (collectively “Contributions”).
Any Contributions you transmit to Velar Cloud will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
A. The creation, distribution, transmission, public display, and performance, accessing, downloading, and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party;
B. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Velar Cloud and the Sites’ users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
C. You have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by our Sites;
D. Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable (as determined by Velar Cloud), libelous or slanderous, does not ridicule, mock, disparage, intimidate, or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage, or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
E. Your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
F. Your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
G. Your Contribution does not otherwise violate or link to material that violates any provision of this Agreement or any applicable law or regulation.
CONTRIBUTION LICENSE
By posting Contributions to any part of the Sites or making them accessible to the Sites by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Velar Cloud an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, and sublicense the foregoing.
GUIDELINES FOR REVIEWS
Velar Cloud may accept, reject, or remove reviews in its sole discretion. Velar Cloud has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria:
Reviewers should have firsthand experience with the person/entity being reviewed; Reviews should not contain offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; or references to illegal activity;Reviewers should not be affiliated with competitors if posting negative reviews;Reviewers should not make any conclusions as to the legality of conduct; andReviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative.
Reviews are not endorsed by Velar Cloud and do not represent the views of Velar Cloud or of any affiliate or partner of the company. Velar Cloud does not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, the reviewer hereby grants to Velar Cloud a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable license to Velar Cloud to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Use LicenseIf you are accessing the Velar Cloud Services via a mobile application, then Velar Cloud grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license.
You shall use the application strictly in accordance with the terms of this license and shall not:
a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
c) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers, or the licensors of the application;
e) use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
g) use the application for creating a product, service, or software that is directly or indirectly competitive with or in any way a substitute for the application;
h) use the application to send automated queries to any Sites or to send any unsolicited commercial e-mail; or
i) use any proprietary information or interfaces of Velar Cloud in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the Velar Cloud Services.
You acknowledge that this Agreement is concluded between you and Velar Cloud only, and not with Apple Inc. or Google, Inc. (each an "App Distributor"). Velar Cloud, not an App Distributor, is solely responsible for the Velar Cloud application and the content thereof.
Scope of License: The license granted to you for the Velar Cloud application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service.
Maintenance and Support: Velar Cloud is solely responsible for providing any maintenance and support services with respect to the Velar Cloud application, as specified in this Agreement or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish maintenance and support services with respect to the Velar Cloud application.Warranty: Velar Cloud is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Velar Cloud application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Velar Cloud application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Velar Cloud application and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Velar Cloud's sole responsibility.
Product Claims: You acknowledge that Velar Cloud, not the App Distributor, is responsible for addressing any claims by you or any third party relating to the Velar Cloud application or your possession and/or use of the Velar Cloud application.
SOCIAL MEDIA
As part of the functionality of Velar Cloud's services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third Party Account”) by:
Providing your Third Party Account login information through Velar Cloud services; orAllowing Velar Cloud to access your Third Party Account as permitted under the applicable terms and conditions that govern your use of such Third Party Account.
By linking a Third Party Account:
You ensure you are entitled to disclose the Third Party Account login information to Velar Cloud. You authorize Velar Cloud to access and use the information available via the Third Party Account for purposes outlined in these terms.
Please note: Your Third Party Account activity may still be governed by the privacy settings and agreements applicable to that Third Party Account.
SUBMISSIONS
By submitting any questions, comments, suggestions, ideas, or feedback ("Submissions") about Velar Cloud's services, you agree that:
Your submissions are non-confidential.Velar Cloud has the unrestricted right to use, reproduce, modify, publish, or distribute your submissions for any purpose—commercial or otherwise—without acknowledgment or compensation.
PROHIBITED ACTIVITIES
You may not use Velar Cloud’s services for any purposes other than those expressly permitted by the company. Activities that are prohibited include, but are not limited to:
A. Engaging in illegal, fraudulent, or harmful activities.
B. Impersonating others or using another user's credentials.
C. Attempting to bypass security measures to access restricted areas.
D. Deciphering or reverse engineering Velar Cloud's software or code.
E. Removing or altering copyright notices.
F. Using automated tools (e.g., bots or scraping tools) to extract data from Velar Cloud's services.
INTELLECTUAL PROPERTY RIGHTS
The content on Velar Cloud's websites and services (collectively "Velar Cloud Content")—including trademarks, service marks, and logos—is owned by or licensed to Velar Cloud. These are protected under copyright and other intellectual property laws worldwide.
Velar Cloud Content includes, but is not limited to, source code, databases, software, website designs, text, audio, video, graphics, and logos.
You may not reproduce, distribute, or modify Velar Cloud Content for commercial purposes without prior written consent. Velar Cloud grants you a limited, non-exclusive license to use and download Velar Cloud Content solely for your personal, non-commercial use. This license does not transfer ownership of any intellectual property to you.
THIRD PARTY WEBSITES AND CONTENT
Velar Cloud's websites and services may include links to third-party websites, applications, or content ("Third-Party Content"). Velar Cloud does not monitor, endorse, or guarantee the accuracy or reliability of Third-Party Content.If you access any Third-Party Content, you do so at your own risk, and you agree that Velar Cloud is not responsible for any resulting damages or issues. You should review the terms and privacy policies of any third-party websites before use.
SITE MANAGEMENT
Velar Cloud reserves the right but is not obligated to:
A. Monitor the website for violations of this Agreement;
B. Take appropriate legal action against any individual or entity violating this Agreement, including reporting such conduct to law enforcement authorities;
C. Restrict access to any content or user, remove or disable access to content deemed excessive or in violation of Velar Cloud's policies, or otherwise manage the site in a way to protect its integrity;
D. Remove or disable access to content or functionality that is burdensome to Velar Cloud's systems;
E. Facilitate proper functioning and protect the rights and interests of Velar Cloud and its users.
TERM AND TERMINATION
This Agreement remains in effect while you use Velar Cloud services or are a user of Velar Cloud’s platforms. You may terminate your participation at any time by following the instructions provided for account deletion or by contacting Velar Cloud's support team.
Velar Cloud reserves the right to terminate your access to services or block your participation without prior notice for violations of laws, breaches of this Agreement, or any reason deemed necessary.
This includes deletion of user profiles, content, or accounts associated with such violations.Additionally, Velar Cloud reserves the right to block certain IP addresses or restrict access to maintain the integrity of its services.
Provisions That Survive Termination
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes. Cancellation Rights
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY'S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS.
TO CANCEL, CALL A VELAR CLOUD CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTED BELOW IN THIS AGREEMENT. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
Modifications To Agreement
Velar Cloud may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Sites and revisions will be indicated by date. You agree to be bound by any changes to this Agreement when you use the Velar Cloud Services after any such modification becomes effective. Velar Cloud may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by email. It is important that you regularly review this Agreement and keep your contact information current in your account settings.
Velar Cloud reserves the right at any time to modify or discontinue, temporarily or permanently, the Velar Cloud Services (or any part thereof) with or without notice. You agree that Velar Cloud shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Velar Cloud Services.
Disputes Between Users
If there is a dispute between users of the Sites or between users and any third party, you understand and agree that Velar Cloud is under no obligation to become involved.
A. Estonian Jurisdiction
This Agreement and all aspects of the Sites and Velar Cloud Services shall be governed by and construed in accordance with the internal laws of Estonia, without regard to conflict of law provisions. Any disputes or claims not subject to informal resolution shall be prosecuted exclusively in the courts located in Estonia.
B. Binding Arbitration
If you and Velar Cloud are unable to resolve a Dispute, the matter may be resolved through binding arbitration conducted under the rules of the American Arbitration Association ("AAA"). You understand that arbitration is final and binding.
C. Restrictions
Arbitration will be limited to you and Velar Cloud, and no arbitration shall be joined with another. You waive the right to class action arbitration or similar procedures.
Corrections
Occasionally, there may be typographical errors or omissions related to the Sites. Velar Cloud reserves the right to correct any such errors at any time, without prior notice. Disclaimers
YOU AGREE THAT YOUR USE OF THE SITES AND VELAR CLOUD SERVICES WILL BE AT YOUR SOLE RISK. VELAR CLOUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
VELAR CLOUD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR SERVICES PROVIDED.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL Velar Cloud, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Velar Cloud HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Velar Cloud'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Velar Cloud FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
INDEMNITY
You agree to defend, indemnify, and hold Velar Cloud, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Your use of the Company Services.Your breach of these Terms of Use.Any breach of your representations and warranties set forth above.Your violation of the rights of a third party, including but not limited to intellectual property rights.Any overt harmful act toward any other user of the Sites with whom you connected via the Company Services.
Velar Cloud reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Velar Cloud, and you agree to cooperate, at your expense, with Velar Cloud’s defense of such claims. Velar Cloud will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES
Except as explicitly stated otherwise, any notices given to Velar Cloud shall be given by email to the address listed in the contact information below.
Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
USER DATA
Our Sites will maintain certain data that you transfer to the Sites for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services.
Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred to or that relates to any activity you have undertaken using the Company Services. You agree that Velar Cloud shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Velar Cloud arising from any such loss or corruption of such data.
Disclaimer of Liability for Software Malfunction or Data Breach:
Software subscription purchased from Velar Cloud is considered "as-is," and we make no warranties or representations regarding its functionality, accuracy, or security. By purchasing a subscription and using any software from Velar Cloud, you acknowledge that software, like all technology, may experience occasional malfunctions, errors, or interruptions.
Velar Cloud shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from the use or inability to use our software, including but not limited to loss of data, business, or profits.
By using this software, you understand and accept the inherent risks associated with data transmission over the internet and agree that Velar Cloud shall not be responsible for any security incidents resulting from third-party actions, unforeseen vulnerabilities, or force majeure events.
ELECTRONIC CONTRACTING
Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.
YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Velar Cloud regarding the use of the services. Any failure on Velar Cloud’s part to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
CONTACT US
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Velar Cloud as set forth below: Velar Cloud
Terms And Conditions
TERMS OF USE
WWW.VELARCLOUD.COM
Version Date: January 2, 2025
TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”), along with our Company Privacy Policy, constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”), and Velar Cloud and its affiliated companies, websites, applications, and tools (collectively, Velar Cloud, “Company” or “we” or “us” or “our”), concerning your access to and use of the http://www.velarcloud.com/ Website(s) as well as any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Sites”).
The Sites provide the following services: Customer relationship management (CRM), marketing tools, and business automation solutions designed to help businesses manage customer interactions, streamline processes, and grow efficiently (collectively, “Company Services”). Supplemental terms and conditions or documents that may be posted on the Sites from time to time are hereby expressly incorporated into this Agreement by reference. The Company makes no representation that the Sites are appropriate or available in other locations other than where it is operated by the Company. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Sites.
If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Sites. Persons under the age of 13 are not permitted to register for the Sites or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY USING THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.
Velar Cloud may offer a free trial or sample of our products or services. The duration of the free trial period and all other details of the offer will be posted on our Sites. If you wish to try our free options, please read through them carefully first. Velar Cloud will bill you through Stripe for our Services.
By using our paid options, you agree to pay Velar Cloud all charges at the prices then in effect for the products or services you or other persons using your billing account may purchase, and you authorize Velar Cloud to charge your chosen payment provider for any such purchases.
You agree to make payment using the selected payment method. If you have ordered a product or service that is subject to recurring charges, then you agree to us charging your payment method on a recurring basis, without requiring prior approval from you for each recurring charge, until such time as you cancel the applicable product or service.
Velar Cloud reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by the Company. The Company may change prices at any time. All payments shall be in U.S. dollars.
REFUND AND RETURN
For more information on our return and refund policy, please see our refund policy on our website at www.velarcloud.com or email us at [email protected].
USER REPRESENTATIONS
Regarding Your RegistrationBy using the Velar Cloud Services, you represent and warrant that:
A. All registration information you submit is truthful and accurate;
B. You will maintain the accuracy of such information;
C. You will keep your password confidential and will be responsible for all use of your password and account;
D. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use our Sites; and
E. Your use of the Company Services does not violate any applicable law or regulation. You also agree to:
(a) Provide true, accurate, current, and complete information about yourself as prompted by the Sites' registration form; and
(b) Maintain and promptly update registration data to keep it true, accurate, current, and complete.If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).We reserve the right to remove or reclaim or change a user name you select if we determine it appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.
Regarding Content You Provide. We may invite you to chat or participate in blogs, message boards, online forums, and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to our Sites and/or to or via the Sites’ forms, emails, chat agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions, or personally identifiable information or other material (collectively “Contributions”).
Any Contributions you transmit to Velar Cloud will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
A. The creation, distribution, transmission, public display, and performance, accessing, downloading, and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party;
B. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Velar Cloud and the Sites’ users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
C. You have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by our Sites;
D. Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable (as determined by Velar Cloud), libelous or slanderous, does not ridicule, mock, disparage, intimidate, or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage, or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
E. Your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
F. Your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
G. Your Contribution does not otherwise violate or link to material that violates any provision of this Agreement or any applicable law or regulation.
CONTRIBUTION LICENSE
By posting Contributions to any part of the Sites or making them accessible to the Sites by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Velar Cloud an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, and sublicense the foregoing.
GUIDELINES FOR REVIEWS
Velar Cloud may accept, reject, or remove reviews in its sole discretion. Velar Cloud has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria:
Reviewers should have firsthand experience with the person/entity being reviewed; Reviews should not contain offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; or references to illegal activity;Reviewers should not be affiliated with competitors if posting negative reviews;Reviewers should not make any conclusions as to the legality of conduct; andReviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative.
Reviews are not endorsed by Velar Cloud and do not represent the views of Velar Cloud or of any affiliate or partner of the company. Velar Cloud does not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, the reviewer hereby grants to Velar Cloud a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable license to Velar Cloud to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Use LicenseIf you are accessing the Velar Cloud Services via a mobile application, then Velar Cloud grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license.
You shall use the application strictly in accordance with the terms of this license and shall not:
a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
c) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers, or the licensors of the application;
e) use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
g) use the application for creating a product, service, or software that is directly or indirectly competitive with or in any way a substitute for the application;
h) use the application to send automated queries to any Sites or to send any unsolicited commercial e-mail; or
i) use any proprietary information or interfaces of Velar Cloud in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the Velar Cloud Services.
You acknowledge that this Agreement is concluded between you and Velar Cloud only, and not with Apple Inc. or Google, Inc. (each an "App Distributor"). Velar Cloud, not an App Distributor, is solely responsible for the Velar Cloud application and the content thereof.
Scope of License: The license granted to you for the Velar Cloud application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service.
Maintenance and Support: Velar Cloud is solely responsible for providing any maintenance and support services with respect to the Velar Cloud application, as specified in this Agreement or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish maintenance and support services with respect to the Velar Cloud application.Warranty: Velar Cloud is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Velar Cloud application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Velar Cloud application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Velar Cloud application and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Velar Cloud's sole responsibility.
Product Claims: You acknowledge that Velar Cloud, not the App Distributor, is responsible for addressing any claims by you or any third party relating to the Velar Cloud application or your possession and/or use of the Velar Cloud application.
SOCIAL MEDIA
As part of the functionality of Velar Cloud's services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third Party Account”) by:
Providing your Third Party Account login information through Velar Cloud services; orAllowing Velar Cloud to access your Third Party Account as permitted under the applicable terms and conditions that govern your use of such Third Party Account.
By linking a Third Party Account:
You ensure you are entitled to disclose the Third Party Account login information to Velar Cloud. You authorize Velar Cloud to access and use the information available via the Third Party Account for purposes outlined in these terms.
Please note: Your Third Party Account activity may still be governed by the privacy settings and agreements applicable to that Third Party Account.
SUBMISSIONS
By submitting any questions, comments, suggestions, ideas, or feedback ("Submissions") about Velar Cloud's services, you agree that:
Your submissions are non-confidential.Velar Cloud has the unrestricted right to use, reproduce, modify, publish, or distribute your submissions for any purpose—commercial or otherwise—without acknowledgment or compensation.
PROHIBITED ACTIVITIES
You may not use Velar Cloud’s services for any purposes other than those expressly permitted by the company. Activities that are prohibited include, but are not limited to:
A. Engaging in illegal, fraudulent, or harmful activities.
B. Impersonating others or using another user's credentials.
C. Attempting to bypass security measures to access restricted areas.
D. Deciphering or reverse engineering Velar Cloud's software or code.
E. Removing or altering copyright notices.
F. Using automated tools (e.g., bots or scraping tools) to extract data from Velar Cloud's services.
INTELLECTUAL PROPERTY RIGHTS
The content on Velar Cloud's websites and services (collectively "Velar Cloud Content")—including trademarks, service marks, and logos—is owned by or licensed to Velar Cloud. These are protected under copyright and other intellectual property laws worldwide.
Velar Cloud Content includes, but is not limited to, source code, databases, software, website designs, text, audio, video, graphics, and logos.
You may not reproduce, distribute, or modify Velar Cloud Content for commercial purposes without prior written consent. Velar Cloud grants you a limited, non-exclusive license to use and download Velar Cloud Content solely for your personal, non-commercial use. This license does not transfer ownership of any intellectual property to you.
THIRD PARTY WEBSITES AND CONTENT
Velar Cloud's websites and services may include links to third-party websites, applications, or content ("Third-Party Content"). Velar Cloud does not monitor, endorse, or guarantee the accuracy or reliability of Third-Party Content.If you access any Third-Party Content, you do so at your own risk, and you agree that Velar Cloud is not responsible for any resulting damages or issues. You should review the terms and privacy policies of any third-party websites before use.
SITE MANAGEMENT
Velar Cloud reserves the right but is not obligated to:
A. Monitor the website for violations of this Agreement;
B. Take appropriate legal action against any individual or entity violating this Agreement, including reporting such conduct to law enforcement authorities;
C. Restrict access to any content or user, remove or disable access to content deemed excessive or in violation of Velar Cloud's policies, or otherwise manage the site in a way to protect its integrity;
D. Remove or disable access to content or functionality that is burdensome to Velar Cloud's systems;
E. Facilitate proper functioning and protect the rights and interests of Velar Cloud and its users.
TERM AND TERMINATION
This Agreement remains in effect while you use Velar Cloud services or are a user of Velar Cloud’s platforms. You may terminate your participation at any time by following the instructions provided for account deletion or by contacting Velar Cloud's support team.
Velar Cloud reserves the right to terminate your access to services or block your participation without prior notice for violations of laws, breaches of this Agreement, or any reason deemed necessary.
This includes deletion of user profiles, content, or accounts associated with such violations.Additionally, Velar Cloud reserves the right to block certain IP addresses or restrict access to maintain the integrity of its services.
Provisions That Survive Termination
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes. Cancellation Rights
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY'S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS.
TO CANCEL, CALL A VELAR CLOUD CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTED BELOW IN THIS AGREEMENT. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
Modifications To Agreement
Velar Cloud may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Sites and revisions will be indicated by date. You agree to be bound by any changes to this Agreement when you use the Velar Cloud Services after any such modification becomes effective. Velar Cloud may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by email. It is important that you regularly review this Agreement and keep your contact information current in your account settings.
Velar Cloud reserves the right at any time to modify or discontinue, temporarily or permanently, the Velar Cloud Services (or any part thereof) with or without notice. You agree that Velar Cloud shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Velar Cloud Services.
Disputes Between Users
If there is a dispute between users of the Sites or between users and any third party, you understand and agree that Velar Cloud is under no obligation to become involved.
A. Estonian Jurisdiction
This Agreement and all aspects of the Sites and Velar Cloud Services shall be governed by and construed in accordance with the internal laws of Estonia, without regard to conflict of law provisions. Any disputes or claims not subject to informal resolution shall be prosecuted exclusively in the courts located in Estonia.
B. Binding Arbitration
If you and Velar Cloud are unable to resolve a Dispute, the matter may be resolved through binding arbitration conducted under the rules of the American Arbitration Association ("AAA"). You understand that arbitration is final and binding.
C. Restrictions
Arbitration will be limited to you and Velar Cloud, and no arbitration shall be joined with another. You waive the right to class action arbitration or similar procedures.
Corrections
Occasionally, there may be typographical errors or omissions related to the Sites. Velar Cloud reserves the right to correct any such errors at any time, without prior notice. Disclaimers
YOU AGREE THAT YOUR USE OF THE SITES AND VELAR CLOUD SERVICES WILL BE AT YOUR SOLE RISK. VELAR CLOUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
VELAR CLOUD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR SERVICES PROVIDED.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL Velar Cloud, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Velar Cloud HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Velar Cloud'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Velar Cloud FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
INDEMNITY
You agree to defend, indemnify, and hold Velar Cloud, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Your use of the Company Services.Your breach of these Terms of Use.Any breach of your representations and warranties set forth above.Your violation of the rights of a third party, including but not limited to intellectual property rights.Any overt harmful act toward any other user of the Sites with whom you connected via the Company Services.
Velar Cloud reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Velar Cloud, and you agree to cooperate, at your expense, with Velar Cloud’s defense of such claims. Velar Cloud will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES
Except as explicitly stated otherwise, any notices given to Velar Cloud shall be given by email to the address listed in the contact information below.
Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
USER DATA
Our Sites will maintain certain data that you transfer to the Sites for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services.
Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred to or that relates to any activity you have undertaken using the Company Services. You agree that Velar Cloud shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Velar Cloud arising from any such loss or corruption of such data.
Disclaimer of Liability for Software Malfunction or Data Breach:
Software subscription purchased from Velar Cloud is considered "as-is," and we make no warranties or representations regarding its functionality, accuracy, or security. By purchasing a subscription and using any software from Velar Cloud, you acknowledge that software, like all technology, may experience occasional malfunctions, errors, or interruptions.
Velar Cloud shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from the use or inability to use our software, including but not limited to loss of data, business, or profits.
By using this software, you understand and accept the inherent risks associated with data transmission over the internet and agree that Velar Cloud shall not be responsible for any security incidents resulting from third-party actions, unforeseen vulnerabilities, or force majeure events.
ELECTRONIC CONTRACTING
Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.
YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Velar Cloud regarding the use of the services. Any failure on Velar Cloud’s part to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
CONTACT US
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Velar Cloud as set forth below: Velar Cloud
