These Terms of Service ("Terms") are a binding agreement between you ("you", "Customer") and Velos Metrik LLC, a Colorado limited liability company ("Velos Metrik", "we", "us"), governing your use of the Velos Sync application and the website at velosmetrikllc.us (together, the "Service"). By creating an account or using the Service you agree to these Terms. If you do not agree, do not use the Service.
Velos Sync is a multichannel commerce operations tool. It connects, at your instruction and with your authorization, to online marketplace shops that you own or are authorized to manage, and helps you create and edit listings, synchronize inventory, manage orders, and record shipments across those shops.
Velos Metrik is an independent company. We are not affiliated with, endorsed by, sponsored by, or certified by any marketplace we integrate with. We do not process your customers' payments, hold your funds, or participate in your sales transactions in any way.
You agree not to use the Service, and not to attempt to use the Service, to:
We may suspend or terminate an account that breaches this section, and where a marketplace requires it we will act on that marketplace's instruction.
You retain all rights in your shop data, listings, images and content ("Customer Data"). You grant us a limited, non-exclusive, revocable licence to host, process, transmit and display Customer Data solely to provide the Service to you and as described in our Privacy Policy.
We do not sell Customer Data, do not aggregate it with other customers' data to build products, and do not use it to train machine-learning models. You can export your Customer Data as CSV at any time.
We aim for high availability but the Service is provided without a contractual uptime guarantee. We may perform maintenance, and will give advance notice of planned maintenance where practical. Support is provided by email as described on our Support page.
The Service depends on third-party marketplace APIs. If a marketplace changes, deprecates, rate-limits, suspends or withdraws its API, the corresponding features may be delayed, degraded or discontinued. We will tell you if that happens and, where a paid feature becomes permanently unavailable, offer a pro-rata credit or let you cancel without penalty.
Except as expressly stated in these Terms and to the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that synchronization will always be instantaneous or complete. You remain responsible for reviewing your listings, stock levels and orders.
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost sales or loss of goodwill, arising out of or relating to these Terms or the Service, even if advised of the possibility.
Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the fees you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars (US$100).
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
You will defend, indemnify and hold harmless Velos Metrik LLC and its members, officers and personnel from any third-party claim, loss or expense (including reasonable legal fees) arising from your Customer Data, your listings or products, your breach of these Terms, or your breach of any marketplace's terms or of applicable law.
These Terms are governed by the laws of the State of Colorado, United States, without regard to its conflict-of-laws rules. The exclusive venue for any dispute is the state or federal courts located in El Paso County, Colorado, and both parties consent to the personal jurisdiction of those courts. Before filing, both parties agree to attempt in good faith to resolve the dispute by writing to the other and allowing 30 days to respond.
We may update these Terms. For material changes we will give account holders at least 14 days' notice by email and update the date above. Continued use after the effective date constitutes acceptance. If you do not accept a change, cancel before it takes effect.
These Terms, together with the Privacy Policy, are the entire agreement between us regarding the Service. If a provision is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them to a successor in connection with a merger, acquisition or sale of assets. There are no third-party beneficiaries.
Velos Metrik LLC
2008 Finch Ct, Colorado Springs, CO 80909, United States
[email protected]