1. Agreement
These Terms of Service (the "Terms") are a contract between you (or the entity you represent) and Vencera ("Vencera," "we," "us," or "our"). They govern your access to and use of the Vencera platform, marketing site, and any related services (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms. If you are agreeing on behalf of a company or other organization, you represent that you have authority to bind that organization.
2. Accounts
- You must be at least 18 years old to create a Vencera account.
- You are responsible for keeping your login credentials secure and for everything that happens under your account.
- You agree to provide accurate information and to keep it up to date.
- One account per business or workspace. Sharing logins with people outside your organization is not permitted.
3. Subscriptions and billing
- Paid plans are billed in advance on a recurring basis (monthly or annually, as selected at signup). Fees are stated in US dollars unless we state otherwise.
- Subscriptions renew automatically at the end of each billing period until canceled. You can cancel from inside the product or by emailing hello@vencera.io.
- Except where required by law, fees are non-refundable. We may, at our discretion, issue partial refunds in cases of clear billing error or extended unavailability.
- We may change pricing at any time; price changes take effect at the next renewal of your subscription and will be communicated at least 30 days in advance.
- You are responsible for any taxes associated with your purchase except for taxes based on our net income.
- Overdue invoices may result in suspension of the Service until paid.
4. Customer Data and acceptable use
You retain all rights to the data you and your team upload to or generate inside the Service ("Customer Data"). You grant Vencera a worldwide, non-exclusive license to host, process, and transmit Customer Data solely as necessary to provide the Service to you and to comply with the law.
You agree not to use the Service to:
- Send spam, unsolicited bulk messages, or messages in violation of CAN-SPAM, TCPA, GDPR, CASL, or any other applicable law.
- Send messages to recipients who have not given you the required consent under the laws applicable to them.
- Upload malware, attempt to gain unauthorized access to other accounts or our systems, or interfere with the operation of the Service.
- Resell, sublicense, or expose the Service to third parties outside your organization without a separate written agreement.
- Reverse engineer, scrape, or extract source code from the Service except as expressly permitted by law.
- Use the Service in any manner that violates law or infringes the rights of others.
You are responsible for the lawfulness of the Customer Data you process through Vencera and for honoring privacy requests from the individuals whose data you upload.
5. Vencera's intellectual property
The Service, including all software, designs, text, graphics, and trademarks (other than your Customer Data), is the property of Vencera and its licensors and is protected by intellectual-property laws. These Terms grant you a limited, non-exclusive, non-transferable right to access and use the Service for your internal business purposes during your subscription. All other rights are reserved.
6. Customer feedback
If you send us suggestions, feature requests, or other feedback, you grant Vencera a perpetual, royalty-free license to use that feedback to operate and improve the Service, without obligation to you.
7. Confidentiality
Each party agrees to protect the other's confidential information with at least the same care it uses for its own confidential information and not less than a reasonable standard of care, and to use such information only as needed to perform under these Terms.
8. Service availability and changes
We aim to keep the Service available and performant. We may modify, add, or remove features at any time. We may schedule maintenance or deploy emergency fixes that temporarily affect availability. We are not liable for downtime caused by third-party providers, force majeure events, or circumstances outside our reasonable control.
9. Termination
- You may stop using the Service and cancel your subscription at any time.
- We may suspend or terminate your account if you materially breach these Terms (including non-payment) and do not cure the breach within 14 days of notice, or immediately if your use poses a security or legal risk.
- Upon termination, your right to use the Service ends. We will return or delete Customer Data as described in our Privacy Policy.
10. Disclaimers
The Service is provided "as is" and "as available". To the maximum extent permitted by law, Vencera disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, or meet your specific requirements.
11. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, or business, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if advised of the possibility of such damages. Each party's total cumulative liability arising out of or related to these Terms will not exceed the amount you paid to Vencera in the 12 months immediately preceding the event giving rise to the claim.
12. Indemnification
You agree to defend, indemnify, and hold Vencera harmless from any third-party claims, damages, liabilities, and reasonable legal fees arising from (a) your Customer Data, (b) your use of the Service in violation of these Terms or applicable law, or (c) your violation of the rights of any third party.
13. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute that cannot be resolved informally will be resolved exclusively in the state or federal courts located in Delaware, and each party consents to the personal jurisdiction of those courts.
14. Changes to these terms
If we make material changes to these Terms, we will update the "Last updated" date above and, where appropriate, notify you through the product or by email at least 14 days before the change takes effect. Continuing to use the Service after the effective date means you accept the updated Terms.
15. Contact
Email hello@vencera.io with any question about these Terms.