Terms of Service

The following terms have the meanings given below wherever they appear in these Terms, whether capitalized or not, unless the context requires otherwise.

• "Vela", "we", "us", or "our" means the operator of the Service. See Section 35 for how to contact us, including current information about the operating entity where available.
• "Service" means the Vela platform in its entirety, including the website, the dashboard, AI Agents, the Website Builder, connected channels, analytics, marketing tools, and any associated mobile or desktop interfaces, application programming interfaces, and documentation.
• "Customer", "Business", "you", or "your" means the individual or business entity that registers for a Vela account and is bound by these Terms. Where you register on behalf of a business, "you" refers to that business.
• "Account" means the Vela account created by a Customer to access the Service, associated with a single business record within our systems.
• "Authorized User" means any individual you permit to access your Account, such as an employee, contractor, or team member, subject to Section 4.
• "End Customer" means an individual who interacts with your business through the Service, for example by messaging your AI Agent, calling your AI voice phone agent, or submitting a form on a website built with Vela.
• "User Content" means any information, business data, knowledge base material, files, images, prompts, configuration, and other content that you or your Authorized Users submit to, upload to, or generate through the Service, excluding Customer Data described below.
• "Customer Data" means data relating to your End Customers that is collected, stored, or processed through the Service in connection with your use of it, including conversation content, lead and appointment records, and, where applicable, call recordings, call transcripts, and call summaries.
• "AI Agent" means any AI powered chat, messaging, or voice agent made available through the Service and configured for your business, including the AI chat assistant and the AI voice phone agent described in Section 6.
• "AI Services" means the artificial intelligence functionality of the Service generally, including natural language generation, speech to text transcription, text to speech synthesis, and related automated processing.
• "Connected Channel" means any external messaging or communications channel you connect to the Service, such as Instagram, WhatsApp, a telephone number, or a website chat widget.
• "Third Party Services" means services provided by parties other than Vela that the Service integrates with or relies on to operate, including artificial intelligence model providers, voice infrastructure providers, messaging platforms, and hosting providers, as further described in Section 24 and in our Privacy Policy.
• "Subscription" or "Plan" means the tier of the Service you subscribe to, as described on our Pricing page, together with any usage allowances, features, and pricing applicable to that tier.
• "Documentation" means any user guides, help center articles, or in-product explanatory content we make available describing the use of the Service.
• "Confidential Information" has the meaning given in Section 26.

You must be at least 18 years old and have the legal capacity to enter into a binding contract to create a Vela Account. The Service is designed and intended for business use. It is not directed at, and must not be used by, individual consumers acting purely in a personal, family, or household capacity outside of a business, trade, or profession.

If you are creating an Account or otherwise agreeing to these Terms on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" refer to that entity. If you do not have such authority, or if you do not agree to these Terms, you must not create an Account or use the Service.

You represent that your use of the Service will comply with all laws applicable to you, including any laws or regulations governing the industry in which your business operates.

A Vela Account is associated with a single business record. Depending on your Plan, you may be permitted to allow a limited number of Authorized Users to access your Account, as described on our Pricing page. Where the Service does not yet provide a self service mechanism for inviting or managing Authorized Users, references to Authorized Users in these Terms apply to the extent such functionality is made available to you, and you remain solely responsible for any access you grant to your Account by any means, including by sharing your login credentials.

You are responsible for ensuring that each Authorized User complies with these Terms, and you are responsible for any act or omission of an Authorized User as if it were your own act or omission. You must promptly remove access for any Authorized User who should no longer have access to your Account, for example because their employment or engagement with your business has ended.

Vela is an artificial intelligence powered business operating system designed to help businesses across a wide range of industries, including but not limited to clinics, gyms, salons, real estate agencies, restaurants, law firms, e commerce businesses, and other professional service businesses, manage customer communications, bookings, leads, and analytics across multiple channels.

Depending on your Plan, the Service may include some or all of the following: an AI chat assistant that responds to End Customers on your website and connected messaging channels; an AI voice phone agent that can answer inbound telephone calls and assist with booking appointments; a website builder that generates and hosts a business website; a customer relationship management system covering leads, conversations, and appointments; AI assisted marketing content generation tools; and analytics reporting on your business activity within the Service.

Not all features described in the Documentation or on our marketing pages are available on every Plan, and feature availability may change over time. The features, usage allowances, and limits applicable to your Plan are as described on our Pricing page at the time in question.

The Service is under continuous development. We may add, change, deprecate, or remove features, and may make other modifications to the Service, as described in Section 22.

This Section 6 contains important disclosures about the nature and limitations of the artificial intelligence functionality within the Service. You should read it carefully before configuring an AI Agent for your business.

This Section applies where your Plan includes the AI voice phone agent or any other voice calling functionality of the Service.

The Service allows you to connect Connected Channels operated by third parties, including Instagram and WhatsApp, both of which are operated by Meta Platforms, Inc. or its affiliates ("Meta").

In addition to the specific responsibilities described elsewhere in these Terms, you are responsible for:

• Configuring your AI Agents, knowledge base, and business information accurately and keeping them up to date;
• Reviewing AI generated output and communications with reasonable regularity, particularly during onboarding and after any significant change to your knowledge base or configuration;
• Ensuring your use of the Service, including any AI Agent communications and any Connected Channel, complies with applicable law, including consumer protection, telecommunications, advertising, and data protection law;
• Maintaining the security of your Account credentials, API keys, and integration credentials;
• Obtaining any consents or permissions required from your End Customers before collecting or processing their information through the Service;
• Independently backing up any User Content or Customer Data that is critical to your business;
• Promptly notifying us of any suspected security incident, unauthorized access, or misuse of your Account.

Where your Plan includes the website builder, the Service allows you to generate, publish, and host a business website using AI assisted tools, including AI generated text and images sourced from third party stock photography providers as described in our Privacy Policy.

You are responsible for reviewing website content before publishing it, including for accuracy of business information, pricing, and claims, and for ensuring the published website complies with applicable law, including consumer protection and advertising law. Vela does not independently verify the accuracy of website content that you approve and publish.

Websites built with the Service may include an embedded AI chat widget, either automatically or based on a configuration choice you make during the build process or afterward in your dashboard. You may also be offered the ability to embed the same chat widget on an externally hosted website that is not built with Vela, using an embed code we provide. Where you use this embed code on a third party website, you are responsible for your use of that website and for ensuring you have the right to add third party embedded functionality to it.

Depending on your Plan, you may be able to connect a custom domain to a website built with the Service. You are responsible for the registration, renewal, and configuration of any domain you connect, and for ensuring you have the right to use that domain.

Where your Plan includes AI assisted marketing tools, such as social media post generation, video script generation, or broadcast message drafting, the Service generates content based on your business information and your instructions. You are responsible for reviewing generated marketing content before publishing or sending it, including for factual accuracy, compliance with advertising and consumer protection law, and compliance with the rules of any platform on which you publish it, such as Instagram, Facebook, or other social platforms.

Vela does not review or approve marketing content on your behalf, and does not guarantee that generated content is accurate, non infringing, or compliant with any particular law or platform policy.

You agree not to use the Service, and not to permit any Authorized User or your AI Agents to be used, to:

• Violate any applicable law, regulation, or third party right, including intellectual property, privacy, publicity, or consumer protection rights;
• Send unsolicited bulk messages, spam, or engage in phishing, fraud, or other deceptive communications through any Connected Channel;
• Harass, threaten, defame, discriminate against, or abuse any person, whether through your own conduct or through your AI Agent's automated communications;
• Collect or process sensitive personal data, such as health information, government identifiers, or financial account details, through the Service in a manner that violates applicable law;
• Attempt to gain unauthorized access to the Service, other Accounts, or any systems or networks connected to the Service;
• Interfere with or disrupt the integrity, security, or performance of the Service, including by introducing malware, conducting denial of service attacks, or making excessive automated requests;
• Reverse engineer, decompile, or attempt to extract the source code, underlying models, or algorithms of the Service, except to the extent such restriction is prohibited by applicable law;
• Use the Service to develop, train, or benchmark a competing product or service, or to scrape, harvest, or extract data from the Service beyond your own Account data;
• Misrepresent your identity, impersonate any person or business, or misrepresent your affiliation with any person or entity;
• Use the Service to generate content that is unlawful, defamatory, obscene, or that infringes any third party's rights;
• Circumvent any usage limits, access controls, or security measures of the Service;
• Use the Service in any manner that could damage, disable, overburden, or impair Vela's infrastructure or that of our Third Party Services.

You are solely responsible for ensuring that your use of the Service, including the content and conduct of your AI Agents' communications with End Customers, complies with all laws applicable to your business and to the jurisdictions in which your End Customers are located.

You are responsible for identifying and complying with all laws, regulations, and industry rules applicable to your business and your use of the Service, including those relating to consumer protection, advertising and marketing, telecommunications and telemarketing, data protection and privacy, accessibility, and any industry specific regulation applicable to your business, such as healthcare, financial services, or legal services regulation, where applicable.

Vela provides tools that you can configure and use in a lawful manner, but Vela does not, by providing the Service, represent or warrant that your particular use of the Service will satisfy the legal requirements applicable to your business. You should seek independent legal advice regarding the requirements applicable to your industry and jurisdiction.

The Service, including its software, user interface, design, text, graphics, logos, and underlying technology, is owned by Vela or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted to you to use the Service under these Terms, no rights, title, or interest in the Service are transferred to you.

As between you and Vela, and subject to the license granted in Section 9.2, you own the website content, marketing content, and other output generated for your business through the Service based on your instructions and User Content, to the extent such output is capable of being owned and subject to any rights held by underlying Third Party Services or their providers in the tools used to generate that output. You are responsible for ensuring that any generated content you use does not infringe any third party's rights.

You may not copy, modify, distribute, sell, or lease any part of the Service itself, nor reverse engineer or attempt to extract the source code of the Service, except as expressly permitted by law. "Vela" and our logos are trademarks of Vela, and you may not use them without our prior written consent except as reasonably necessary to identify that you are a Vela customer.

If you choose to provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty free license to use that feedback for any purpose, including to improve the Service, without any obligation or compensation to you.

Vela offers multiple subscription tiers, each with its own feature set, usage allowances, and price, as described on our Pricing page. Plans are cancel anytime, as described in Section 20. We reserve the right to introduce new Plans, retire existing Plans, or adjust Plan features and pricing at any time. Material price changes to your active Subscription will be communicated to you in advance of taking effect, in accordance with Section 18.6.

Each Plan includes specific usage allowances, such as voice minutes, text messages, connected channels, and websites, as described on our Pricing page. We monitor usage against these allowances at the Account level.

Where you exceed your Plan's usage allowance for a given billing period, depending on the type of usage and your Plan, the Service may apply an overage charge at the rate published on our Pricing page for the applicable usage type, temporarily limit the affected feature until your next billing cycle, or prompt you to upgrade your Plan. The specific handling of usage beyond your allowance for a given feature is as described on our Pricing page and in the Service at the relevant time, and may be updated as our billing and payment processing capabilities evolve.

Where the Service provides self service export functionality for a given category of data, such as appointment records, you may use it to export that data. For categories of User Content or Customer Data that do not yet have a self service export tool within the Service, you may request an export by contacting us at the address in Section 35, and we will provide the requested data in a reasonably usable format within a reasonable time.

You may request deletion of your Account and associated User Content and Customer Data at any time by contacting us at the address in Section 35. Upon a verified deletion request, or upon termination of your Account under Section 31, we will delete or anonymize your data within the period described in our Privacy Policy, except where retention is required for legal, tax, dispute resolution, fraud prevention, or legitimate business record keeping purposes, or where data has already been aggregated or anonymized such that it no longer identifies you or your End Customers.

You are responsible for maintaining your own backup copies of any User Content or Customer Data that is important to your business before requesting deletion or before your Account is terminated.

We aim to keep the Service available at all times, but we do not guarantee uninterrupted, timely, secure, or error free operation. The Service may be temporarily unavailable due to scheduled or emergency maintenance, updates, Third Party Service outages, or circumstances beyond our reasonable control, as described in Section 30. Unless a specific service level commitment has been agreed with you in writing, we do not offer a service level agreement or uptime guarantee.

We reserve the right to modify, suspend, or discontinue any part of the Service, including specific features, at any time. Where reasonably possible, we will provide advance notice of material changes that significantly reduce the functionality available to you on a paid Plan. Continued use of the Service after a change becomes effective constitutes your acceptance of that change.

We may from time to time make experimental, beta, or early access features available to you. Such features are provided "as is", may be incomplete, may not function as intended, may be changed or discontinued at any time without notice, and are excluded from any service level or support commitment that may otherwise apply to the Service. We may collect additional feedback and usage data from your use of beta features to improve them.

The Service integrates with and relies on a number of Third Party Services to deliver its functionality, including providers of artificial intelligence language processing, voice call handling, text to speech and speech to text transcription, stock photography for the website builder, transactional email delivery, and cloud infrastructure and hosting. These providers, and the categories of data they may process, are described in more detail in our Privacy Policy. The Service is also built to connect to Meta for Instagram and WhatsApp messaging and to a payment processor for billing; as described in our Privacy Policy, these two integrations are not yet active in our production environment, and Sections 8 and 18 of these Terms describe the applicable functionality and billing terms that will apply once they are.

Your use of the Service is subject to the availability and proper functioning of these Third Party Services. Vela is not responsible for the availability, performance, security, content, or policies of any Third Party Service, and any outage, change, discontinuation, or policy change by a Third Party Service provider may affect the availability or behavior of related functionality within the Service. We will use reasonable efforts to adapt the Service to material Third Party Service changes where feasible.

We maintain administrative, technical, and organizational measures designed to protect the Service and the data processed through it, including access controls that scope each customer's access to their own data, authentication for Account access, and use of reputable infrastructure providers. Further detail on our security practices is provided in our Privacy Policy.

You are responsible for the security of your own Account credentials, API keys, integration tokens, and devices used to access the Service, and for promptly notifying us of any suspected compromise as described in Section 3.2. No method of transmission or storage is completely secure, and we cannot guarantee absolute security of the Service or of any data processed through it.

"Confidential Information" means non public information disclosed by one party to the other in connection with these Terms that is designated as confidential or that would reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, including your User Content and non public information about the Service. Each party agrees to use the other party's Confidential Information only as necessary to perform its obligations under these Terms, and to protect it using at least the same degree of care it uses to protect its own confidential information of similar importance, but no less than a reasonable degree of care. This Section does not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party without an obligation of confidentiality, is independently developed without use of the disclosing party's Confidential Information, or is required to be disclosed by law, provided reasonable notice is given where legally permitted.

To the maximum extent permitted by applicable law, the Service, including all AI Services and AI generated output, is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non infringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error free, or secure, that any AI generated output will be accurate, complete, or suitable for your purposes, that any Connected Channel or Third Party Service will remain available or unchanged, or that any defect will be corrected. Nothing in these Terms excludes or limits any warranty that cannot lawfully be excluded or limited under applicable law.

To the maximum extent permitted by applicable law, in no event will Vela, its officers, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with your use of, or inability to use, the Service, whether based on contract, tort, negligence, strict liability, or any other legal theory, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to these Terms or the Service, whether in contract, tort, or otherwise, will not exceed the total fees actually paid by you to Vela in the three months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits either party's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

You agree to defend, indemnify, and hold harmless Vela and its officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses, including reasonable legal fees, arising out of or related to: your use of the Service; your User Content or Customer Data; your violation of these Terms; your violation of any applicable law or any third party's rights; or any communication sent, or action taken, by your AI Agent on your behalf, including communications sent through a Connected Channel.

Neither party will be liable for any failure or delay in performance under these Terms, other than payment obligations, to the extent caused by circumstances beyond that party's reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor disputes, governmental action, internet or telecommunications failures, or outages or policy changes of a Third Party Service.

Vela is not currently incorporated as a separate legal entity. Because a governing law and choice of court clause is normally tied to the legal entity that is a party to a contract, we are not going to designate a specific governing jurisdiction here while that entity does not yet exist, since doing so would suggest a level of corporate formality that is not yet accurate. Once Vela is incorporated, this Section will be updated to state the governing law and jurisdiction that will apply to these Terms going forward, and we will provide notice of that change as described in Section 33.

In the meantime, we encourage you to contact us first to resolve any dispute informally using the contact details in Section 35, and we will engage in good faith to do so. This Section does not limit any right you may have to bring a claim in your local courts under mandatory consumer protection law applicable to you, and does not require arbitration unless a separate arbitration agreement is entered into by the parties.

We may update these Terms from time to time to reflect changes in the Service, our business practices, or applicable law. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, provide additional notice, such as an email or an in product notification. Your continued use of the Service after a change takes effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and may cancel your Subscription as described in Section 20.1.

If you have any questions about these Terms, please contact us at velaOsSupport@gmail.com. This is currently our general customer support contact and handles questions about these Terms as well, since dedicated legal and privacy inboxes have not yet been established.

Vela currently operates from Germany. As of the date of these Terms, Vela is not incorporated as a separate legal entity and does not have a registered business address to publish. We are not going to display a placeholder company name or address here, or invent one, in place of that real information. Once Vela is incorporated, this section will be updated with the operating entity's legal name and registered business address.