Terms of Service

1. Acceptance of Terms

By accessing or using the VeloCalls platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, do not use the Service. These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.

2. Description of Service

VeloCalls provides a cloud-based call tracking, routing, and analytics platform for businesses. The Service includes, but is not limited to, call tracking and attribution, intelligent call routing, real-time bidding for calls, interactive voice response (IVR) building, AI-powered call transcription and analysis, publisher and buyer management portals, phone number provisioning and management, compliance tools including DNC scrubbing and TCPA enforcement, and reporting and analytics dashboards. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. User Accounts

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.

You must notify VeloCalls immediately upon becoming aware of any breach of security or unauthorized use of your account. VeloCalls will not be liable for any loss arising from unauthorized use of your account. You may not use another user's account without permission. You may not create accounts through automated means or under false pretenses.

4. Acceptable Use

You agree not to use the Service for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Service. Specifically, you agree not to:

• Violate any applicable local, state, national, or international law or regulation
• Transmit any material that is abusive, harassing, tortious, defamatory, or invasive of another's privacy
• Use the Service to make unsolicited calls in violation of telemarketing regulations including the Telephone Consumer Protection Act (TCPA)
• Attempt to gain unauthorized access to other computer systems or networks connected to the Service
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use any robot, spider, or other automated device to access the Service
• Resell or redistribute the Service without prior written consent

5. Payment Terms

Certain features of the Service require payment. You agree to pay all fees associated with your selected plan. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.

Usage-based charges, including per-minute call charges, phone number fees, and carrier costs, are billed monthly in arrears based on actual usage. Subscription fees are billed in advance on a monthly or annual basis depending on your chosen billing cycle.

VeloCalls reserves the right to change pricing with 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing. If payment is not received within 15 days of the due date, VeloCalls may suspend or terminate your account.

6. Intellectual Property

The Service and its original content, features, and functionality are owned by VeloCalls and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You retain ownership of all data you submit to the Service. By using the Service, you grant VeloCalls a limited license to use your data solely for the purpose of providing the Service to you. VeloCalls does not claim ownership of your call recordings, transcriptions, or analytics data.

7. Data Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection and use of your personal information. You are responsible for ensuring that your use of the Service complies with all applicable data protection and privacy laws, including obtaining any necessary consents from callers for call recording and data processing.

8. Limitation of Liability

To the maximum extent permitted by applicable law, VeloCalls shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the Service; any unauthorized access to or use of our servers; any interruption or cessation of transmission to or from the Service; any bugs, viruses, or similar issues transmitted through the Service; or any errors or omissions in any content. In no event shall VeloCalls' aggregate liability exceed the amount you paid to VeloCalls in the twelve months preceding the event giving rise to the claim.

9. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. You may terminate your account at any time by contacting us or using the account settings. Upon termination, we will make your data available for export for a period of 30 days, after which it may be permanently deleted.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wilmington, Delaware. Nothing in these Terms shall prevent either party from seeking injunctive relief in a court of competent jurisdiction.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

12. Contact Us

If you have any questions about these Terms, please contact us at legal@velocalls.com.