Website and Portal Terms of Use

These terms govern your use of the website and the customer portal of Velyrix, Inc. ("Velyrix", "we", "us") (together, the "Portal"). By registering or using the Portal you accept them on your own behalf and on behalf of the business you represent. Purchased services are governed by the Master Services Agreement; if there is a conflict, the Master Services Agreement applies to purchased services.

1. Your account

1.1The Portal is for business customers and for individuals who register in their own name. You must be at least 18 years old and, if you register for a business, authorised to bind it. You must give true and complete information and keep it up to date.

1.2Keep your password and two-factor authentication secure. You are responsible for all activity under your account, including by people you invite. Tell us immediately about any unauthorised use. We may require stronger authentication at any time.

1.3You may invite colleagues. You are responsible for their access and for removing them when they leave.

2. Registration, screening and eligibility

2.1Registration does not oblige us to provide any service. We screen all customers under export-control and sanctions law and may decline, restrict or close an account at any time, including for the reasons in the Export Compliance and End-Use Terms.

2.2Some products and capacity may be available only after we have approved your account.

3. Using the Portal

3.1You may use the Portal only for your own business purposes and in line with the Acceptable Use Policy. You must not try to bypass security, scrape the Portal, interfere with it, probe it for vulnerabilities, or use it to harm others; unauthorised access or interference may violate the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and California Penal Code section 502, and we may report it to law enforcement. You may not use automated means to place orders except through our published API, if we offer one.

3.2Prices, availability, specifications and descriptions shown in the Portal can change and may contain errors. We may correct errors, including after an order, and give you the choice to cancel an order affected by an error.

3.3Orders and e-mails: we may send you service, billing, security and legal notices by e-mail or in the Portal. You consent to receive them, and to sign agreements, electronically under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.). You may withdraw this consent only by closing your account.

3.4If you are an individual using the Portal for personal, family or household purposes: your consent in section 3.3 covers these terms, your orders and all records about your account; you may ask for a paper copy of any record free of charge by writing to support@velyrix.com; you may withdraw your consent in the same way, which will lead to the closing of your account; to access and keep records you need a current web browser, an e-mail account and software that opens PDF files; and you must keep your e-mail address current. We will tell you if these requirements change in a way that could prevent you from accessing or keeping records.

4. Intellectual property

4.1The Portal, the software, the designs and the content are ours or our licensors' and are protected by United States copyright, trademark and other law. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512) and are sent to our designated agent as described in section 4.5 of the Acceptable Use Policy, and may terminate the accounts of repeat infringers. We give you a limited, non-exclusive, non-transferable right to use the Portal for the purposes in these terms. You may not copy, modify, reverse-engineer or resell it.

5. Disclaimers and liability

5.1The Portal is provided "as is" and "as available". We do not guarantee that it will be available at all times or free of errors. To the fullest extent permitted by law, we exclude all warranties not expressly stated, and we are not liable for indirect or consequential damages arising out of the use of the Portal. Our total liability for claims related to the Portal itself (as opposed to purchased services) is limited to one hundred US dollars ($100).

5.2Nothing in these terms excludes or limits liability that cannot be excluded or limited under California Civil Code section 1668 or other applicable law, or any right of a consumer that cannot be waived.

6. Suspension and changes

6.1We may suspend or close access to the Portal at any time for security, legal or abuse reasons, or for breach of these terms. We may change the Portal and these terms; the updated terms apply from the time they are posted, and for a material change we will give notice. Continued use means you accept them.

6.2A change to these terms does not apply to a dispute of which either party gave notice before the change was posted.

7. General

7.1These terms are governed by the laws of the State of California, USA, and the federal laws of the United States applicable therein, without regard to conflict-of-laws rules. Subject to section 7.2, the exclusive venue for disputes that are decided in court is the state courts located in Los Angeles County, California and the United States District Court for the Central District of California. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 (California Civil Code section 1789.3). If any part is unenforceable, the rest remains in effect. The English version controls over any translation. Contact: legal@velyrix.com.

7.2Any dispute about the Portal or these terms is resolved by binding individual arbitration, with the exceptions, class waiver and judicial reference stated in section 16 of the Master Services Agreement, which applies as if it were set out here.

7.3Accessibility. We want the Portal to be usable by people with disabilities and use the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as our guide. If you have difficulty using any part of the Portal or any document, contact support@velyrix.com or +1 (888) 835-9749, and we will help you and provide the information or service in another way.