Introduction

Welcome to Velarya. These Terms of Service ("Terms") govern your access to and use of the Velarya platform, including our website, mobile applications, and related services (collectively, the "Services") provided by Velarya LLC, a California limited liability company ("Velarya," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Description of Services

Velarya provides a white-label mobile application platform designed for medical spas, aesthetic clinics, and similar businesses ("Clinic Customers" or "Clinics"). Our platform enables Clinics to offer their clients ("End Users") features including online appointment booking and scheduling, membership and subscription management, prepaid treatment packages and credits, rewards and loyalty programs, and payment processing.

The Services may be offered through branded mobile applications published under individual Clinic names or through an aggregated platform application.

2. User Categories and Accounts

Clinic Customers

Clinics that subscribe to our platform enter into a separate service agreement governing the provision of white-label mobile applications and related services. Clinic Customers are responsible for their own compliance with applicable laws, including healthcare regulations, and for managing their relationships with their End Users.

End Users

End Users are individuals who use the mobile applications to access services from Clinics. End Users must be at least 18 years of age or the age of majority in their jurisdiction to create an account.

Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Payment Terms

Payment Processing

All payment transactions are processed through our third-party payment processor, Stripe, Inc. By using our Services, you agree to be bound by Stripe's terms of service and privacy policy. Velarya does not store complete credit card numbers on its servers.

Clinic Subscription Fees

Clinic Customers agree to pay the subscription fees specified in their service agreement. Subscription fees are billed in advance on a monthly basis and are non-refundable except as expressly provided in the applicable service agreement.

End User Payments

Payments made by End Users for services, memberships, or packages are transactions between the End User and the applicable Clinic. Velarya facilitates these transactions but is not a party to the underlying service agreement between the End User and the Clinic. Refund policies for such payments are determined by each Clinic.

4. Acceptable Use

You agree not to use the Services for any illegal purpose or in violation of any applicable laws; attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services; transmit any viruses, malware, or other harmful code; interfere with or disrupt the integrity or performance of the Services; impersonate any person or entity or misrepresent your affiliation with any person or entity; or collect or harvest any information from the Services without authorization.

5. Intellectual Property

The Services, including all software, designs, text, graphics, and other content, are owned by Velarya or its licensors and are protected by copyright, trademark, and other intellectual property laws. Clinic Customers retain ownership of their own branding, logos, and content that they upload to the platform. End Users retain ownership of any content they submit through the Services.

Velarya grants Clinic Customers a limited, non-exclusive, non-transferable license to use the Services during the term of their subscription. This license does not include the right to sublicense, modify, or create derivative works from the Services.

6. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Velarya does not warrant that the Services will be uninterrupted, error-free, or completely secure. Velarya is not responsible for the quality, safety, or legality of services provided by Clinics to End Users.

VELARYA DOES NOT PROVIDE MEDICAL ADVICE. The Services are administrative tools for scheduling, payments, and customer management. Any medical services are provided solely by the Clinics, and End Users should consult qualified healthcare professionals for medical advice.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VELARYA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED THROUGH THE SERVICES.

IN NO EVENT SHALL VELARYA'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF THE AMOUNTS PAID BY YOU TO VELARYA IN THE TWELVE MONTHS PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100).

8. Indemnification

You agree to indemnify, defend, and hold harmless Velarya and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, your violation of these Terms, your violation of any applicable laws or regulations, or your violation of any rights of any third party.

9. Termination

Velarya may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease. Clinic Customers' termination rights are governed by their separate service agreements.

End Users may delete their accounts at any time through the application settings. Upon account deletion, we will delete or anonymize your personal information in accordance with our Privacy Policy, subject to any legal retention requirements.

10. Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures. The arbitration shall take place in California. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11. Changes to Terms

We may modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our website and, where applicable, through the Services. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

12. General Provisions

If any provision of these Terms is held to be unenforceable, such provision shall be modified to reflect the parties' intention, and the remaining provisions shall remain in full force and effect.

The failure of Velarya to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Velarya regarding the Services.

You may not assign or transfer these Terms without the prior written consent of Velarya. Velarya may assign these Terms without restriction.

13. Contact Information

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

Velarya LLC Email: hello@velarya.com Website: https://velarya.com