Introduction

Welcome to Velexior. These Terms and Conditions govern your use of our SMTP services and any associated software, services, or features. By accessing or using our services, you agree to comply with and be bound by these terms. If you do not agree with any part of these terms, you must not use our services.

Our services are intended for businesses and individuals who require reliable and efficient email delivery solutions. We strive to provide a high-quality service that meets your needs. These terms outline your responsibilities and our obligations, ensuring a clear understanding between both parties.

We may update these terms from time to time, and it is your responsibility to review them regularly. Continued use of our services following any changes indicates your acceptance of the updated terms. If you have any questions, please contact us at support@velexior.com.

User Responsibilities

As a user of our services, you agree to use them lawfully and in accordance with these terms. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use or security breach.

You agree not to use our services for any illegal, harmful, or abusive purposes, including but not limited to spamming, distributing malware, or engaging in phishing activities. Any such misuse will result in immediate termination of your account and may lead to legal action.

You are also responsible for ensuring that your use of our services complies with all applicable laws and regulations, including data protection and privacy laws. We reserve the right to suspend or terminate your account if we believe you have violated any of these terms.

Service Availability

We strive to provide uninterrupted access to our services; however, we cannot guarantee 100% uptime. Scheduled maintenance, upgrades, or unexpected outages may occasionally affect service availability. We will make reasonable efforts to notify you in advance of any planned downtime.

In the event of service interruptions, we will work diligently to restore access as quickly as possible. However, we are not liable for any damages or losses resulting from service disruptions, whether caused by technical issues, third-party providers, or circumstances beyond our control.

We may also modify or discontinue certain features or services at any time. While we will endeavor to provide advance notice of such changes, it is your responsibility to stay informed about the current status and capabilities of our services.

Fees and Payment

Our services are offered on a subscription basis with various plans available to suit different needs. Fees are charged according to the plan you select and are billed in advance on a recurring basis. By subscribing to a plan, you agree to pay the applicable fees and any taxes associated with your use of our services.

All payments must be made using the payment methods we specify. If your payment method fails or your account is past due, we may suspend or terminate your access to our services. You are responsible for providing accurate billing information and updating it as necessary.

We reserve the right to change our fees at any time. Any fee changes will be communicated to you in advance, and your continued use of our services after the change takes effect constitutes your agreement to the new fees. If you do not agree with the new fees, you must cancel your subscription before the change takes effect.

Account Termination

You may terminate your account at any time by contacting us at support@velexior.com. Upon termination, your access to our services will be immediately revoked, and any data associated with your account may be deleted. We recommend exporting any important data before terminating your account.

We reserve the right to terminate your account if you violate these terms, fail to pay applicable fees, or engage in any conduct that we deem harmful to our services or other users. In such cases, we will provide notice of termination and the reasons for it, where possible.

Termination of your account does not relieve you of any outstanding payment obligations. Any fees owed prior to termination will remain payable, and we may take legal action to recover unpaid amounts. Additionally, certain provisions of these terms will survive termination, including those related to intellectual property, liability, and indemnification.

Intellectual Property

All content, software, and materials provided as part of our services are the intellectual property of Velexior or our licensors. This includes but is not limited to text, graphics, logos, and code. You are granted a limited, non-exclusive license to use our services for their intended purpose, subject to these terms.

You may not copy, modify, distribute, or create derivative works based on our intellectual property without our express written permission. Unauthorized use of our intellectual property may result in account termination and legal action.

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your intellectual property rights have been violated through our services, please contact us immediately so we can investigate and take appropriate action.

Data Privacy

We are committed to protecting your privacy and the security of your data. Our Privacy Policy outlines how we collect, use, and protect your personal information. By using our services, you agree to the terms of our Privacy Policy, which is incorporated by reference into these terms.

We implement appropriate technical and organizational measures to safeguard your data against unauthorized access, alteration, or destruction. However, we cannot guarantee absolute security, and you acknowledge that you provide your data at your own risk.

We may access, preserve, and disclose your information if required to do so by law or if we believe such action is necessary to comply with legal processes, enforce these terms, or protect the rights, property, or safety of Velexior, our users, or the public.

Limitation of Liability

To the maximum extent permitted by law, Velexior and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or related to your use of our services.

Our total liability to you for any claims arising from your use of our services shall not exceed the amount you paid to us for the services in the twelve months preceding the event giving rise to the liability. This limitation applies to all causes of action, whether based on contract, tort, or any other legal theory.

Some jurisdictions do not allow the exclusion or limitation of certain liabilities, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Velexior and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of our services, your violation of these terms, or your infringement of any intellectual property or other rights of any third party.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You will not settle any claim without our prior written consent, which will not be unreasonably withheld.

This indemnification obligation will survive the termination of your account and your use of our services. It is intended to ensure that you bear the responsibility for your actions and use of our services, protecting us from potential legal and financial harm.

Governing Law and Dispute Resolution

These terms and any disputes arising out of or related to them or our services will be governed by and construed in accordance with the laws of the jurisdiction in which Velexior is based, without regard to its conflict of law principles.

Any legal action or proceeding arising under these terms will be brought exclusively in the courts located in the jurisdiction where Velexior is based. You consent to the personal jurisdiction and venue of such courts and waive any objection to their jurisdiction or venue.

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. Our failure to enforce any right or provision of these terms will not be deemed a waiver of such right or provision.