These Commercial Software Service Terms and Conditions ("Terms") outline the terms of use for the commercial software service Velamnis ("Service") described on the website www.velamnis.com ("Website") and accessed through the web application app.velamnis.net ("Webapp"), provided by Coderollers S.L. ("Provider," "we," "us," or "our"), a private limited liability company incorporated in the Kingdom of Spain, with fiscal identifier number B-16717373, registered at the Málaga Commerce Register in tome 6060 page 36 entry MA-162515. Access to the Services shall be provided to you through a Velamnis account ("Account"). By creating and Account and using the Service, you ("User," "you," or "your") accept these Terms. If you disagree with these Terms, please refrain from using the Service. These terms apply for each individual Account which you hold.
1.1 By using the Service, you acknowledge that you are an individual of at least 12 years of age.
1.2 If you are a minor in accordance to local laws, you acknowledge that you have been granted consent by a parent, legal tutor or guardian to open an Account and use the Service.
1.3 If you are accepting these Terms on behalf of a company, legal entity, public sector entity, government entity or state-sponsored agency ("Third-party entity", "entity"), you affirm that you have been authorized to represent the Third-party entity. You are prohibited from using the Service on behalf of the entity in lack of such an authority.
2.1 By accessing or using the Service, you acknowledge that you have read, understood, and agreed to comply fully with these Terms.
2.2 If you are accepting these Terms on behalf of an entity, you affirm that you have the authority to bind that entity, its affiliates, employees, associates or other users which may use the Service to these Terms.
2.3 You are solely and fully responsible for all actions performed on the Service through your Account.
3.1 The Service specializes in the secure storage and transfer of data ("Data") though methods which prevent the capture, inspection and tampering of the Data.
3.2 The Service is free to use within established limits, with the possibility to remove specific limits through the purchase of paid plans ("Premium Services"), as described in Section 9 of these Terms.
3.3 You acknowledge that you have full ownership or have been authorized by the Third-party entity to hold and manage all the Data processed by the Service through your Account.
3.4 You agree to use the service solely for its intended purpose.
3.5 You are prohibited from using the Service to process any Data to which you do not hold full ownership or have not been authorized by the Third-party entity to hold and manage.
3.6 You are prohibited from using the Service to process any illegal Data,
including but not limited to:
Copyrighted and proprietary data, except data for which you
hold the copyright or intellectual rights to, or have been authorized by the Third-party entity to
hold and manage;
Child Sexual Abuse Material ("CSAM") or content which
relates to CSAM, irrespective of content ownership;
Unauthorized pornographic content, including but not
limited to revenge pornography or materials obtained through unauthorized filming or photography;
Any data which could negatively impact electronic devices,
including but not limited to malware, computer viruses, backdoors, trojans, rootkits, botnet
software, crypto-mining software, ransomware;
Unwanted or undesirable data, including but not limited to
harassment, offensive materials, solicitations, misleading, opportunistic, scamming materials or any
materials with the purpose of extortion;
Any data which could affect the functionality of the
Service, including but not limited to excessively large garbage files, excessive instant messages
(spam), excessive contact requests;
3.7 You are prohibited from engaging in any activities which are illegal or
could negatively impact the Service or its Users, including but not limited to:
Distributed Denial of Service attacks on the Service
infrastructure;
Using vulnerabilities or exploits, public or undisclosed,
to circumvent the security of the Service, perform Denial of Service attacks or unduly benefit from
premium features;
Using vulnerabilities, exploits or other means in order to
circumvent the limitation of concurrent devices and sessions which you are entitled to;
Using automation, including but not limited to scripting
and bots, to perform unattended actions in the Service through the Service APIs without official,
written consent by the Provider;
Using automation, including but not limited to scripting
and bots, to allow unattended file transfers, the distribution of data, on-demand or otherwise,
or to allow circumvention of group chat reach limitations;
Impersonating staff of the Provider through Instant
Messaging or sending forged documents impersonating staff of Provider to other Users;
Opening an excessive amount of free tier Accounts;
Using fraudulent means to purchase Premium Services,
including but not limited to stolen banking cards and unauthorized direct debits;
Purchasing Premium Services on behalf of anyone but
yourself or the represented entity;
3.8 Any Account performing prohibited activities will be suspended with immediate effect.
3.9 Notwithstanding the above, you may disclose any vulnerabilities or security issues you discover in the Service to the Provider in a confidential manner, without triggering termination of access, provided such disclosure is done in accordance with the applicable guidelines and procedures set in section 4 of these terms.
4.1 You may choose to provide feedback, suggestions, or comments about the Service or Account ("Feedback").
4.2 By providing Feedback, you grant the Provider the right to use, modify, and incorporate your Feedback into the Service without any obligation to compensate you.
4.3 Under particular circumstances, confidential disclosure of vulnerabilities in the Service could be subject to compensation at the full discretion of the Provider.
4.4 All feedback and bug reports must be provided through the approved channels listed in the Service's official help center. Any feedback shared through unofficial channels may not be considered and might not be subject to any obligations on the part of the Provider.
4.5 The publication of details regarding bugs, exploits, vulnerabilities or other technical information which might negatively impact the Service on unauthorized public websites, forums or otherwise widely accessible media shall trigger the termination of all associated accounts of the publisher with immediate effect.
5.1 You acknowledge that the Service and any related information pertaining to its functionality or underlying infrastructure may be considered confidential and proprietary to the Provider unless explicitly stated otherwise through a sub-license agreement.
5.2 You agree to maintain the confidentiality of all confidential information and feedback from communication with the Provider and not disclose it to third parties without the Provider's prior written consent.
6.1 The Provider retains all ownership, rights, and interests, including intellectual property rights, in and to the Service unless explicitly stated otherwise through a sub-license agreement.
6.2 All trademarks, logos, trade names and other proprietary designations are registered trademarks of the Provider with the Spanish Patent and Trademark Office, with registration numbers M4230243 and M4230393.
6.3 You are granted a limited, non-exclusive, non-transferable, and revocable right to use the Service solely for the purposes described in these Terms.
7.1 The Provider reserves the right to terminate, suspend, or modify the Service at any time without prior notice.
7.2 The Provider may terminate your access to the Service if you violate these Terms, engage in illegal activities, or if your use of the Service disrupts its functionality or compromises its security.
7.3 Depending on the nature of the termination of the Service, you may be entitled to a refund for your purchases, in accordance to the Refund Policy described in Section 11 of these Terms.
8.1 The Provider issues no warranty about the reliability and availability of the Services or the security of user data, despite best efforts.
8.2 The Service is provided "as is" and "as available", without any implied or explicit warranty of any kind, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, or warranties that may arise from course of dealing or course of performance or usage of trade.
8.3 The Provider issues no Service Level Agreements, with the exception of particular and individual contractual agreements.
8.4 The Provider is under no obligation to store, forward or hand over the contents of suspended or terminated Accounts.
8.5 The Provider is under no obligation to maintain the Data of Accounts which are in a bad standing due to exceeded quotas, including but not limited to Accounts which have been downgraded from Premium to Free Service tiers.
8.6 The Provider shall not be held liable and you shall not be entitled to seek indemnification if Data, confidential or otherwise, is unintentionally published as a result of a security failure or vulnerability in the Service.
8.7 Due to the nature of the Service and the underlying encryption technology being used, you acknowledge that the Provider has absolutely no ability nor is it under any obligation to recover your Data if you lose access to your Certificate bundle ("Bundle", also known as "the .vel file"), or the password associated with the Bundle. You are solely and ultimately responsible for safeguarding the Bundle and its associated password, including but not limited to keeping secure copies and backups.
8.8 You are solely and ultimately responsible for the safety and confidentiality of the Bundle, its associated password and the Multi-Factor Authentication app or device ("MFA"). The Provider shall not be held liable and you shall not be entitled to seek indemnification if your Account and confidential data are accessed by an unauthorized party as a result of poor practice in securing your Bundle, its associated password or the MFA.
8.9 To the extent not prohibited by law, you acknowledge that in no event shall the Provider be liable to you for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use or inability to use the Service. This includes but is not limited to procurement of substitute goods or services, loss of data, use, or profits, business interruptions and third party customer losses.
8.10 You acknowledge that in no event shall the Provider be liable to you for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the delay in Commercial Availability or Technical Availability of future features and functionality. This includes but is not limited to procurement of substitute goods or services, loss of data, use, or profits, business interruptions and third party customer losses.
8.11 Notwithstanding the single Refund per Account Policy limitation described in paragraph 11.2 of these Terms, in the event of inability to use the Account or Service due to circumstances unrelated to your actions or inaction, you shall be entitled to a voluntary cancellation of the Service and a prorated refund of any active Premium Service purchase, in accordance with the Refund Policy described in Section 11 of these Terms.
9.1 The Service is free to use within the scope of these Terms ("Free Service").
9.2 You may voluntarily choose purchase an upgrade for your Account in order to benefit from enhanced features, increased usage quotas and other benefits ("Premium Service").
9.3 Free Service use does not bear any obligation on you to provide a Payment Method or Customer Identification.
9.4 You may open and use multiple Accounts, either Free or Premium. However, you are prohibited from generating an excessive amount of accounts, either manually or through automation, which could negatively impact the performance or stability of the Service.
9.5 The Free Service shall be provided by the Provider under a Fair Usage Policy and the Provider reserves the right to limit, throttle or restrict Free Service users in order to better accommodate capacity for Premium Service users.
9.6 The Premium Service, available through either one-time payment or a paid subscription, provides enhanced features, increased usage quotas and is not subject to throttling.
9.7 At the date of publishing of these Terms, the following types of Premium Service are commercially available: Velamnis Blue ("Blue Service").
9.8 The features, limits, quotas and benefits of the Premium Services listed on the Website, Webapp or in any marketing materials, advertisements and special offers, either online or offline, are informative and are subject to technical availability ("Technical Availability") and commercial availability ("Commercial Availability") and might include elements which will become available at a future date.
9.9 Up to date Technical Availability and Commercial Availability information can be found on the Feature Matrix page of the Website. In case of dispute regarding quotas, limits or the availability of features, the information in the Technical Availability and Commercial Availability data matrix shall prevail.
9.10 All estimations of future Technical Availability and Commercial Availability are subject to change by the Provider without any prior notice and do not represent a contractual agreement nor are they legally binding.
10.1 Premium Service subscriptions are available on a monthly or annual basis.
10.2 If the Premium Service is purchased through a one-time payment then it shall not be subject to automatic renewal. You will be advised during the purchase process of the expiration date of the Premium Service and reminded of renewal in order to ensure Premium Service continuity.
10.3 Premium Services which are purchased through a subscription shall be automatically renewed on their expiration date unless the renewal is cancelled prior to this date. You will be advised during the purchase process of the expiration date of the Premium Service and reminded of the automatic renewal in order to ensure Premium Service continuity.
10.4 Refund requests notwithstanding, you may cancel the renewal of a Premium Service at any time prior to the renewal date without any repercussions to your account standing. The Premium Service shall remain active until the expiration date, at which time it will be disabled or, if the case, reverted to an associated Free Service.
10.5 You will be notified through the preferred communication channels selected in your Account about all Premium Services which nearing their expiration or renewal date, with at least 24 hours of notice. You will have the opportunity to cancel the renewal of the Premium Service at any time until the moment of renewal, at which point your Payment Method shall no longer be billed for the Premium Service in question.
11.1 You may cancel your Premium Service and request a full refund of the subscription fee (monthly or annual) or one-time payment within 14 days of the purchase, without any repercussions to your account standing.
11.2 You may request a single full refund across all your Accounts.
11.3 Payments made through paysafecard are not refundable.
11.4 Past the aforementioned 14 days, full refunds shall only be granted in exceptional cases and at the sole discretion of the Provider.
11.5 Past the aforementioned 14 days, you may cancel an annual subscription within the first 6 months of purchase and request a prorated refund for the unused portion of the Premium Service billing period.
11.6 Past 6 months from purchase, no refunds shall be granted and cancelling the Premium Service will only disable the upcoming renewal but still keep the Premium Service active until its billing period expires.
11.7 If the Provider deems the refund eligible, then the refund shall be processed on the original payment method and using the original currency. If the original payment method is no longer valid for any reason, then the refund shall be denied.
11.8 Accounts which have been suspended or terminated due to breach of these Terms will incur a loss of all payments, credits and are not be eligible for any refunds.
11.9 All refunds shall be processed in a maximum of 30 days from the date of Premium Service cancellation.
11.10 If at any time before cancellation or during the period of refund processing, you make use of chargeback, direct debit reversal or payment processor dispute mechanism, you waive your right to the above-mentioned refund and will rely solely on the result of the chargeback or dispute. By using the chargeback or dispute mechanism, you agree that any costs incurred by the Provider due to this act shall be applied to your next Premium Service payment.
11.11 If at any time after your refund has been processed by the Provider you make use of chargeback, direct debit reversal or payment processor dispute mechanism for the aforementioned refund, your account standing will incur repercussions and as a result, you will be permanently and irrevocably denied the use of any Premium Service on all your present and future accounts.
11.12 In the event that the Provider terminates the Service, you shall be entitled to prorated refunds for all Premium Services on all your Accounts for the unused portion of each Premium Service's billing period, within the confines of the restrictions stated in paragraphs 3, 7 and 8 of this section.
12.1 The Provider may issue at times promotional offers ("Promotions") through the means of specific text vouchers ("Vouchers") for the purpose of impulsing the adoption of the Service.
12.2 You are entitled to a single use of each individual Voucher across each of your Accounts.
12.3 The sale of Vouchers for monetary or otherwise material gains is prohibited in any form or shape.
12.4 Notwithstanding the above restriction, ownership transfer of the Vouchers is permitted.
12.5 Vouchers may be transferred to other users through indirect promotional means, including but not limited to giveaways, random draws, as contest rewards or streaming drops, always observing the aforementioned restrictions.
12.6 An account may not have more than one concurrent Promotion active at any given time.
12.7 Accounts in bad standing may not benefit from Promotions.
13.1 You agree to indemnify, defend, and hold harmless the Provider, its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, or expenses, including legal expenses arising from your use of the Service or your violation of these Terms. You will also indemnify and hold the Indemnified Parties harmless from and against any third-party claims, demands, or damages arising out of your use of your Account or the Services.
14.1 Our Privacy Policy and its sub-policies explain the way we handle and protect your personal data and privacy in relation to your Account, your use of the Services, and your browsing of the Velamnis website, webapp and the use of the agents and mobile apps. By agreeing to the present Terms and to be able to use the Services, you also agree to our Privacy Policy and its sub-policies.
15.1 These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Spain, without regard to its conflict of law principles.
15.2 Any disputes, actions, claims, or other controversies arising out of or relating in any way to these Terms, your Account, the Services, your use of (or lack of use of) or access to (or lack of access to) your Account or the Services, or any advertising, promotion, or other communications between you and the Provider, whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, shall be subject to the jurisdiction of the competent courts of the Kingdom of Spain.
16.1 The Provider reserves the right to modify or update these Terms at any time. The most current version of the Terms will always be available on the Service's website.
16.2 You are responsible for regularly reviewing these Terms. Continued use of your Account or the Services, including non-deletion of your Account by destroying the Bundle after such changes are performed shall constitute your consent to them. The latest Terms will apply going forward and to any dispute or issue arising after the Terms have been updated.
17.1 If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions, unless they materially affect the entire intent and purpose of these Terms or unless otherwise provided herein, shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.
18.1 These Terms constitute the entire agreement between you and the Provider concerning the use of the Service, superseding any prior agreements or understandings.
18.2 Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.
By opening an Account and using the Service, you acknowledge and agree to these Terms. If you have any inquiries, please contact us through the help center.
Effective Date: 13 November 2023