Terms of Service

Date Last Revised: October 29, 2024

Welcome to Vesana.dev (“we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our software-as-a-service platform, tools, and services (the “Service”). By accessing or using the Service, you agree to these Terms. If you do not agree, you may not use the Service.

1. Definitions

• “Customer”: The entity or individual accessing or using the Service.

• “Subscription Plan”: The pricing and usage limits applicable to your use of the Service.

• “Confidential Information”: All non-public information disclosed under these Terms.

• “Data”: Any content, data, or material provided by Customer for use with the Service.

2. Eligibility

You must be at least 18 years old and have the authority to bind the organization you represent to these Terms.

3. Service Access and License

• Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, limited license to access and use the Service during the subscription period.

• You agree not to reverse-engineer, decompile, or otherwise attempt to discover the source code, algorithms, or other proprietary elements of the Service.

4. Customer Data

• Ownership: Customer retains all rights to Data uploaded to the Service.

• Use of Data: By uploading Data, you grant us a non-exclusive, worldwide license to process and use Data solely for the purpose of providing the Service.

• Compliance: Customer warrants that Data complies with all applicable laws, including privacy and intellectual property laws.

5. Confidentiality

Both parties agree to keep Confidential Information private and not disclose it to third parties except as required to perform under these Terms or as required by law.

6. Subscription Plans and Payments

• Fees: Customer agrees to pay fees based on their Subscription Plan.

• Billing: Fees are billed in advance on a monthly or annual basis, unless otherwise agreed upon in writing.

• Late Payments: Late payments may result in suspension or termination of access to the Service.

7. Acceptable Use

• You agree not to use the Service:

• To violate any applicable law or regulation.

• To upload or distribute malicious software or spam.

• For activities that may disrupt or interfere with the Service.

8. Service Availability and Support

• Uptime: We aim to provide 99.9% uptime for the Service. However, we do not guarantee uninterrupted access and are not responsible for outages caused by third-party providers.

• Maintenance: We may schedule maintenance downtime and will make reasonable efforts to notify you in advance.

9. Termination

• By Customer: You may terminate your subscription at any time. Fees paid are non-refundable.

• By Us: We may terminate or suspend your access for breach of these Terms or if required by law.

• Effect of Termination: Upon termination, you must stop using the Service, and we will delete your Data within 90 days.

10. Disclaimer of Warranties

The Service is provided "as is" without warranties of any kind, including merchantability, fitness for a particular purpose, or non-infringement.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

• OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE 12 MONTHS PRIOR TO THE CLAIM.

12. Indemnification

You agree to indemnify and hold us harmless from claims, damages, or expenses arising from your breach of these Terms or misuse of the Service.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of Delaware state. Any disputes shall be resolved through arbitration in Delaware state, unless otherwise required by law.

14. Changes to Terms

We may update these Terms from time to time. Continued use of the Service constitutes your acceptance of the revised Terms.

15. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between the parties regarding the Service.

• Assignment: Customer may not assign these Terms without our prior written consent.

• Severability: If any provision is found to be unenforceable, the remaining Terms shall remain in full effect.

16. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

team@vesana.dev