Terms of Service

1. Acceptance of Terms

By creating an account, purchasing a subscription, downloading, installing, or otherwise using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using the Services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such case, “you” refers to both you individually and the entity you represent.

2. Description of Services

Velari LLC provides artificial intelligence and automation software tools, applications, and platforms designed for business and individual use. Our Services may include, but are not limited to:

• AI-powered software applications and tools available for purchase or subscription
• Cloud-based platforms for automation, data analysis, and workflow optimization
• APIs and integrations with third-party services
• Updates, upgrades, and new features released from time to time

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will make reasonable efforts to notify active subscribers of material changes.

3. Account Registration

3.1 — Account Creation

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as needed. You are responsible for maintaining the confidentiality of your account credentials.

3.2 — Account Security

You are responsible for all activities that occur under your account. You agree to notify us immediately at support@velari-ai.com of any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.

3.3 — Age Requirement

You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to use our Services. By using the Services, you represent and warrant that you meet this age requirement.

4. Purchases, Pricing, and Payment

4.1 — Pricing

Prices for our applications, tools, and subscription plans are listed on our website and are subject to change. We will provide reasonable notice of price changes to active subscribers before their next billing cycle.

4.2 — Payment

All payments are processed through our third-party payment processor(s). By providing payment information, you represent that you are authorized to use the payment method and authorize us (or our payment processor) to charge the applicable fees.

4.3 — Subscriptions and Recurring Billing

If you purchase a subscription, you authorize recurring charges at the then-current rate until you cancel. Subscriptions automatically renew at the end of each billing period unless canceled at least 10 days before the renewal date.

4.4 — Refund Policy

Refund requests are handled on a case-by-case basis. For one-time purchases of digital tools, we do not offer a money-back guarantee. Subscription refunds are generally not available for partial billing periods, except as required by law. To request a refund, contact us at support@velari-ai.com. If issues arise, we will try to rectify in the best of our ability.

4.5 — Taxes

You are responsible for all applicable taxes associated with your purchase. Prices may or may not include taxes depending on your jurisdiction. We will collect and remit sales tax where required by law.

5. License and Usage Rights

5.1 — License Grant

Subject to these Terms and your payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

5.2 — Restrictions

You agree not to:

• Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Services or any content therein
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any software
• Use the Services to develop a competing product or service
• Remove, alter, or obscure any proprietary notices, labels, or marks
• Use the Services in any manner that violates applicable law, regulation, or these Terms
• Use automated means (bots, scrapers, etc.) to access the Services except through our designated APIs
• Attempt to gain unauthorized access to any part of the Services, other accounts, or systems

5.3 — Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not use the Services to transmit any harmful, offensive, or illegal content, or to infringe on the rights of any third party.

6. Intellectual Property

6.1 — Company IP

All rights, title, and interest in and to the Services, including all software, algorithms, models, designs, text, graphics, logos, and other content, are and shall remain the exclusive property of Velari LLC. Nothing in these Terms grants you any ownership rights in the Services.

6.2 — User Content

You retain ownership of any data, content, or materials you input into or upload to the Services (“User Content”). By using the Services, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and display your User Content solely to the extent necessary to provide the Services to you.

6.3 — Output Content

Any output, results, reports, or other content generated by our AI tools based on your User Content (“Output Content”) shall be owned by you, subject to the following: (a) we retain all rights to the underlying models, algorithms, and software used to generate the Output Content; (b) Output Content is provided “as is” and we make no representations regarding its accuracy, completeness, or fitness for any particular purpose; and (c) you are solely responsible for reviewing and validating Output Content before relying on it for any purpose.

6.4 — Feedback

If you provide suggestions, ideas, or feedback about the Services (“Feedback”), you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use such Feedback for any purpose without obligation or compensation to you.

7. AI-Specific Disclaimers

Our Services utilize artificial intelligence and machine learning technologies. By using the Services, you acknowledge and agree that:

• AI-generated outputs may contain errors, inaccuracies, or biases. You are responsible for reviewing all outputs before use.
• The Services are tools designed to assist and augment human decision-making, not to replace professional judgment.
• We do not guarantee that AI outputs will be accurate, complete, current, or suitable for any specific purpose.
• You shall not use AI-generated outputs in contexts where errors could result in physical harm, legal liability, financial loss, or violation of any person’s rights without appropriate human oversight.
• Our AI models may be updated from time to time, which may result in changes to output quality, style, or behavior.

8. Data Privacy and Security

Your use of the Services is also governed by our Privacy Policy, available at www.velari-ai.com. We are committed to protecting your data and have implemented commercially reasonable security measures. However, no method of electronic storage or transmission is 100% secure, and we cannot guarantee absolute security.

9. Third-Party Services and Integrations

Our Services may integrate with or contain links to third-party services, platforms, or content. We do not control, endorse, or assume responsibility for any third-party services. Your use of third-party services is governed by their respective terms and policies.

10. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VELARI LLC, ITS MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

12. Indemnification

You agree to indemnify, defend, and hold harmless Velari LLC, its Members, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) your User Content.

13. Termination

13.1 — Termination by You

You may terminate your account at any time by contacting us at support@velari-ai.com or through your account settings. Termination does not entitle you to a refund of any prepaid fees except as expressly stated in these Terms.

13.2 — Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to: violation of these Terms, non-payment, fraudulent activity, or conduct that we determine is harmful to other users or to the Company.

13.3 — Effect of Termination

Upon termination, your license to use the Services immediately ceases. We will make commercially reasonable efforts to allow you to export your User Content for a period of thirty (30) days following termination, after which we may delete your data. Sections that by their nature should survive termination shall survive, including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

14. Dispute Resolution

14.1 — Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions.

14.2 — Informal Resolution

Before filing any formal dispute, you agree to first contact us at support@velari-ai.com and attempt to resolve the dispute informally for at least thirty (30) days.

14.3 — Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration conducted in Portland, Oregon, in accordance with the rules of the American Arbitration Association. The arbitrator’s award shall be final and binding. Each party shall bear its own costs, and the cost of arbitration shall be shared equally unless the arbitrator determines otherwise.

14.4 — Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email to registered users or by posting a prominent notice on our website at least thirty (30) days before the changes take effect. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms.

16. General Provisions

16.1 — Entire Agreement

These Terms, together with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Velari LLC regarding the Services.

16.2 — Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.3 — Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16.4 — Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

16.5 — Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, government actions, power failures, internet disruptions, or third-party service outages.

17. Contact Information

If you have any questions about these Terms, please contact us at:

Velari LLC

Beaverton, Oregon 97006

Email: support@velari-ai.com

Website: www.velari-ai.com

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