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Terms of Use

General

This page sets out the terms of use (the "Terms") that apply to the use of Velory's platform (the "Platform"), connected portals (the "Portals"), Velory's website (the "Website"), and Velory's mobile application (the "App") (collectively referred to as the “Services”) owned and operated by Velory AB, identification no. 559118-9476 ("Velory", "we", "us", “our”) and which sets out the legally binding terms between Velory and the user of the Services.

By creating a Velory account, or otherwise using any of the Services, you confirm that you have read, understood, and accepted that you as a user are legally bound by the Terms. The terms apply to you, the individual company, the limited company, or other legal person who has created an account with us or in any other way uses any of the Services. For information on how Velory processes personal data, you can read our full Privacy Policy here.

Velory may change the Terms from time to time. The date when the Terms were last revised is stated in section 12. Velory reserves the right to change, add or remove parts of the Terms. If a material change to the Terms is made, you will be informed via at your Velory account or the e-mail address you provided in connection with registration. Your continued use of any of the Services after such changes constitutes your acceptance of the new Terms. If you do not agree to abide by the Terms, you have the right to not use or visit the Platform, the Website, the Portals, or the App. It is your responsibility as a user of the Services to regularly check for changes to the Terms and to review such changes.

If you accept the Terms on behalf of a third party or legal entity, you confirm your authority to bind such legal person to the Terms. In that case, "you" and "your" will refer to and apply to the third party or legal entity.

1. VELORY SERVICES

1.1 Use of Services and its Contents

The Platform is a cloud-based technology platform that allows buyers (companies and/or end-users) and sellers (resellers/distributors/sales representatives) to meet. The Platform unites sellers, buyers, and resellers in an ecosystem where they have access to:

  • Sellers: a global B2B distribution network.
  • Buyers: a wide range of solutions for digitizing and taking their business to the next level.
  • Resellers: a platform to increase revenue by connecting buyers and sellers.

In order to access most of the Services (which does not apply to the Website), you must register and create an account. To register an account, you must be at least 18 years old (or otherwise have reached the age of majority in the jurisdiction in which you will conduct business) and be able to enter legally binding contracts. Any registration of, use of or access to the Services by anyone who does not meet these requirements is prohibited and in violation of the Terms.

You guarantee that you will use the Services in a manner that complies with all applicable laws, rules and regulations.

1.2 Account Registration

There are different types of accounts that can be registered when using the Services:

• CRM account: Account for companies wishing to sell products and/or services via the Platform ("Sales Company") with access to CRM systems for sellers;

• Account for open portals: Account for Sales Companies that wish to sell products and/or services via the Platform with access to an open portal for customers or own sellers; and

• Velory account: User account linked to Velory Platform/Portal (including login for end users/employees of the customer company).

To register an account, you must complete a user profile that you agree to show to other users. You must provide accurate and complete information when creating an account for the use of the Services. You must ensure that all information you provide is and remains accurate, complete, and current. You may not register for more than one account without our express written permission.

When using the Services, you can register as an individual, sole proprietorship, limited liability company or other legal entity. If you create an account as an individual or sole proprietorship, you guarantee that you do not act on behalf of another or for the benefit of another. If you create an account in your capacity as a representative for a limited liability company or other legal entity, you guarantee that you are authorised to create the account in the name of such limited liability company or legal entity.

1.3 Username and Password

When you register an account, you will be asked to choose a password for the account and your username will be your registered email address. You can change the password for the account at any time.

You are responsible for protecting your username and password for your account so that no unauthorised person can access it. You agree that Velory assumes that all persons using the Services with your username and password, either is you or someone who is authorised to act on your behalf. You agree to notify us immediately if you suspect or become aware of any unauthorised use of your account or any unauthorised access to your password or the password of any user of your account. You further agree not to use any username or password for another user of the Services that you are not authorised to use, and not to allow others who are not authorised to use your account.

1.4 Ownership and Limited License

All content made available through the Services, including but not limited to designs, text, scripts, graphics, trademarks. logos, headers, button icons, images, video, information, applications, software, music, audio and other files, and its selections and arrangements (the "Content") are protected by copyright, trademark, trade secrets and other intellectual property laws. The Content and all related intangible assets are owned by Velory or its licensors. Trademarks, service marks, logos, trade names and other proprietary designations of third parties used on or in connection with the Website, Portals or the App, are used for identification purposes only and belong to their respective owners.

Velory's trademarks may not be used in relation to anyone else's products or services without the prior written approval of Velory. No Content from the Services may be altered, copied, distributed, published, downloaded, displayed, transferred, or sold in any form or in any way, in whole or in part, without Velory's written consent, except for its own User Content (as defined below) which you legally upload via the Services.

1.5 Use

As a user of the Services, you undertake not to use the Services (or any part thereof) to:

  1. Collect e-mail addresses or other contact information from other users of the Services by electronic or other means to send unsolicited e-mails or other unsolicited communications;
  2. Download and/or save customer data or lead lists;
  3. Use the Services in any illegal manner or in any other way that may harm the Services;
  4. Use automated scripts or other methods to collect information from or otherwise interact with the Services; upload, publish, transmit, share, store or otherwise make available (hereinafter “publish”) content that may (a) be considered illegal, defamatory, offensive, harassing, vulgar, obscene, false, racist or otherwise offensive; or (b) infringes any third party's rights, including copyright, trademark, privacy, publicity or other personal or proprietary rights;
  5. Publish unwanted or unauthorised advertising, solicitation, promotional materials, "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
  6. Publish private information from third parties, such as addresses, telephone numbers, e-mail addresses, social security numbers and credit card numbers; request personal information from anyone under the age of 18 or request passwords or personal information for commercial or illegal purposes;
  7. Publish materials that contain viruses or other malicious code, files, or programs that are designed to interrupt, destroy, or restrict the functionality of any software or hardware or telecommunications equipment; intimidate or harass an individual;
  8. Publish content that would constitute, encourage or instruct a crime, violate the rights of any party or that would otherwise create liability or violate laws or regulations; use or attempt to use someone else's account, service or system without our permission, or create a false identity on the Website, Portals or the App; or
  9. Publish content that, in Velory's judgment, is offensive or that restricts or prevents anyone else from using the Services or that may expose Velory or its users to any type of damage or liability claim of any kind.

1.6 Published user content

You are responsible for the content (such as photos, profiles, pictures, messages, notes, text, data, feedback, context, information, advertisements, lists and other material) that you publish on or via the Services or transfer to or share with others users ("User Content").

You may not publish User Content on the Services that you have not created yourself or that you do not have permission to publish. You understand and agree that Velory may, but is not obligated to, review the Website, the Platform and the App and has an unconditional right to (without prior notice and with or without reason) remove content (including User Content) such as violates the Terms or which may be infringing, illegal or which may infringe the rights, harm or threaten the safety of users or others. You are solely responsible for your costs and expenses for creating backups and replacing all User Content that you publish on the Service.

When you publish User Content on the Website, the Platform, the Portals or in the App, you agree that Velory makes such copies as we deem necessary to facilitate the publication and storage of the User Content on the Services. You grant us and our affiliates a global, non-exclusive, royalty-free, fully paid, transferable and licensable right to use, reproduce, modify, adapt, publish, process, distribute, and publicly display your User Content in all media for the purpose of providing and marketing the Services. You reserve all rights to your User Content, subject to the rights granted to us in these Terms. You may remove your User Content from the Services at any time. If you choose to delete your User Content, the license granted here will automatically terminate, but you agree that Velory may retain archived copies of your User Content.

We respect the intellectual property rights of others and we prohibit users from publishing or otherwise transferring material to the Services that violates the intellectual property rights of any third party. If you believe that any material on the Services infringes any copyright that you own or control, please send us written notice of such infringement.

1.7 Competition and Solicitation Bans

As a user of the Services or as a company that sells products/services via the Platform, you understand and confirm that it is not permitted to have other contact with or conduct business with other users and/or customers with whom you have been contacted via Velory. It is not permitted to use the customer information that you are given access to by using the Services for purposes other than those stated in the Terms and/or your contract with Velory. Customer information includes, but is not limited to, names, telephone numbers, addresses, email addresses, order history, order preferences, pricing information and other information that identifies facts and circumstances specific to the customer. You agree to the prohibition to, during the term of the Terms and a 12-month period thereafter, meet, contact or attempt to contact (eg by e-mail, regular mail, express mail, text message, telephone, fax and instant message) Velory's current customers for the purpose to offer or accept goods or services that are similar or competitive with those offered by Velory or for the purpose of getting such a customer to terminate their relationship with us.

1.8 Third-party Content and Websites

The Website may contain links to third party websites, articles, photographs, text, graphics, images, designs, music, audio, video, information, applications and other third party content. No such websites or materials are reviewed, monitored or controlled by Velory. If you as a user decide to use a third party website or install third party applications and/or content as part of your User Content, you accept that such use is at your own risk and that the Terms do not apply to such use. We expressly disclaim all responsibility for these websites, applications and content. Your actions on other websites, including those linked to through the Services, are governed by separate terms and guidelines. You should carefully review these terms and policies.

1.9 Integrity and data protection

In connection with the provision of the Services, we may process your personal data. Such information includes i.e. name and email address to enable account registration and give you access to the Services. For more information on how we process your personal data, you can read our full Privacy Policy here.

2. LIMITATION OF LIABILITY

Velory's total liability to you for any losses incurred during or in connection with the Terms is limited to the total amount of the fees for the Services you paid to us during the six-month period preceding the event that gave rise to your claim, or, for in the event that you have not used the Services for six (6) months, your average monthly fee multiplied by six (6).

Velory is not liable under any circumstances for indirect damages or losses or consequential damages (including loss of profit, goodwill, agreements, revenues or expected savings, even in cases where we have been informed of the possibility of such damages), ii) loss or destruction of data, which arises in connection with or as a result of the use of the Services or otherwise in connection with these Terms.

Velory is liable for fraud or deceptive behaviour, gross negligence, willful misconduct, death or personal injury caused by our negligence or to the extent that we cannot limit our liability under applicable law.

3. DURATION AND TERMINATION

The Terms apply to you as a user until terminated by either you or Velory. We may suspend or terminate your account, delete your profile and all content and/or information that you have posted on the Website, the Platform, the Portals or the App and/or prohibit you from using or accessing the Services (or any part thereof). with or without reason, at any time without prior notice.

You can terminate the Terms by closing your user account in accordance with the instructions on the Website or in your user account or in your agreement with Velory by contacting our customer support [email protected] in compliance with the notice period applicable in your agreement. If we have suspended your Velory account, you may not register a new Velory account or attempt to access and use the Website, Portals or App through other Velory accounts. 

4. YOUR LIABILITY AND INDEMNITY

You are responsible for all damage caused to third parties or caused due to your access to the Services and/or which arises as a result of your violation of any of the provisions of the Terms. You undertake to compensate such third-party or us for any such damage.

You agree to indemnify and hold Velory, our subsidiaries, and each of our board members, agents, affiliates, representatives and employees harmless and indemnified from and against all lawsuits, claims, losses, liabilities, damages and costs (including attorney fees); arising out of or in connection with: a) your actual or alleged breach of the Terms, b) your improper use of the Services, c) your breach of third party rights, including but not limited to privacy and intellectual property rights, d) indemnification obligations against third parties incurred by us as a direct or indirect consequence of your actions and omissions, and e) your breach of applicable laws, rules or regulations in your jurisdiction.

5. FEEDBACK

You have the opportunity to leave comments or feedback regarding your use of the Services, e.g. how the Services or Velory's other services can be improved (“ Feedback ”). Velory has the right to freely use Feedback without compensation to you and/or publish Feedback to anyone without extensive confidentiality. You further confirm that our receipt of your Feedback does not imply that we waive any rights to use similar or related ideas that are already known by us, developed by our employees or that we have received from sources other than you.

6. DISCLAIMER

Velory provides the Services without any warranties or conditions, express or implied, in addition to what is stated in the Terms. Velory can not guarantee continuous, uninterrupted or secure access to any part of the Services and is not responsible under these Terms for any interruption or deterioration of the Services.

Velory also does not warrant that the Services are accurate or reliable, that the Services will meet your requirements, that the Services will be available, uninterrupted or secure, at any particular time or place, that any deficiencies or errors will be eliminated or that the Services will be virus-free or other harmful components. Use of the Services is at your own risk: all content or data downloaded or otherwise obtained through the use of the Services is downloaded at your own risk and you will be solely responsible for any damage to your property or loss of data caused by such download.

Velory is not responsible for any User Content or third party applications, software or content published on the Services whether it is posted or caused by end-users, Velory, or third parties.

Velory is also not responsible for technical errors or other problems in the telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, errors in e-mail or users due to technical problems or combinations thereof, including damage to the user or anyone another person's computer, mobile phone or other hardware or software.

Velory reserves the right to adapt the Services at any time without prior notice and to modify, adapt or replace related content, applications and software.

7. REQUIREMENTS FOR WRITTEN COMMUNICATION

All communications to Velory regarding the Terms shall be in writing and delivered either (a) in person; (b) by post to the following address: Legal, Velory, Grev Turegatan 5 E, 111 46 Stockholm, Sweden; or (c) by email to [email protected] . All such notices are deemed to have been received at the time of receipt of Velory. 

8. APPLICABLE LAW AND DISPUTE RESOLUTION

The Terms and any disputes or claims that arise as a result of them or in connection therewith (including non-contractual disputes or claims) shall be governed by the substantive law of Sweden.

For dispute or disagreement on matters concerning these Terms or the parties' business relationship in general, the parties shall in the first instance try to resolve the dispute or disagreement through discussion, whereby the parties shall hold at least one physical meeting for such a discussion at the request of one party. In the event that a full agreement is not reached between the parties within thirty (30) days after a party has called for such a meeting, the dispute shall be finally settled by arbitration administered by the Stockholm Chamber of Commerce's Arbitration Institute (SCC). Rules for Simplified Arbitration shall be applied unless the SCC, taking into account the severity of the case, the value of the subject matter of the dispute and other circumstances, decides that Arbitration Rules shall be applied. In the latter case, the SCC shall also decide whether the arbitral tribunal shall consist of one or three arbitrators. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be Swedish.

9. OTHER

The Terms constitute the entire agreement between you and Velory regarding the use of the Services and supersede all previous agreements between you and Velory regarding your use of the Services. Failure by Velory or any eligible third party to fail to apply the Terms or any provision of the Terms shall not mean that Velory or the third party shall be deemed to have waived its right to do so. If any provision of the Terms proves to be invalid or unenforceable, this shall not affect or imply that other provisions of the Terms shall be deemed invalid or unenforceable.

10. QUESTIONS

Contact [email protected] for more information  

The terms were updated on November 8, 2021