Terms of Service
General
These terms of service govern the relationship between the Customer and Velumisphere AB (hereinafter referred to as Velumi), company registration number 556999-0699 and cover the Velumi platform and all related services offered by Velumi.
By registering an account with Velumi, the Customer accepts these terms, unless otherwise stated, and is bound by them for as long as the account exists.
Ordering
The Customer must be at least 18 years old to order Velumi's services.
The Customer, as a party to the agreement, is responsible for having the right and permission to do so.
Velumi reserves the right to refuse an order if Velumi believes that the Customer may abuse the service.
Free Trial
Velumi may offer the Customer a free trial period for a limited time. The Customer may be required to provide payment information to sign up for such a free trial period.
If the Customer provides payment information, they will not be charged until the free trial period has expired. At the end of the trial period, if the service has not been terminated, the Customer may be automatically charged the applicable fee for the selected plan.
Velumi reserves the right to change the terms of free trial offers or cancel such offers at any time and without notice.
Payment
Payment for services is primarily made with debit or credit cards. The Customer assures and guarantees that: (i) they have the legal right to use the debit or credit card; and (ii) the information provided is true, accurate, and complete. The Customer grants Velumi the right to disclose the information to third parties to facilitate the purchase.
Velumi reserves the right to refuse or refund a payment if fraud or unauthorized or illegal transactions are suspected.
The Customer is primarily charged automatically and in advance for the selected plan and billing period (monthly or annual), unless otherwise specified.
The Customer is obligated to pay for services until they are terminated, even if not utilized or if the Customer's account is suspended.
Excess bandwidth beyond the amount included in the ordered plan will be charged afterward and added as an additional fee to the upcoming payment, or deducted from the Customer's available credit, if any. Per-project spend caps apply to excess bandwidth; details of included bandwidth, overage rates, and spend caps are published on Velumi's pricing page.
Upgrading a plan, i.e., adding or changing something that increases the cost, will result in payment of the prorated cost for the upgrade. Such payment can be deferred to the next recurring payment, paid immediately, or charged from the Customer's available credit, if any.
A downgrade, on the other hand, results in a prorated amount added as credit to the Customer's account. The credit is automatically used to pay future payments.
Velumi may offer invoice payment to verified business customers established within the European Union that provide a valid EU VAT identification number, with a 30-day payment term (net 30). Invoice payment is settled by bank transfer. In addition to the fixed plan cost, additional charges may apply for excess bandwidth and for plan upgrades; such charges are added to the Customer's next invoice.
Invoices are sent via email, either to the email address provided during account registration or to a specific invoice address chosen by the Customer.
The Customer is responsible for providing the correct payment reference when making a payment so that Velumi can match the payment with the correct invoice.
Late payment of an invoice will lead to suspension of service.
Renewal of Service
Subscriptions paid by debit or credit cards will automatically renew if not terminated before the next recurring payment. For invoice payment, a new invoice will be issued and sent at the beginning of each new billing period.
Right of Withdrawal for Consumers
Private individuals have the right to withdraw from the agreement by notifying Velumi via email within 30 days from the date of ordering a service.
The right of withdrawal does not apply to tasks invoiced afterward, such as consulting assignments.
Termination
The Customer cancels a service themselves by deleting or downgrading the relevant paid projects within the Velumi dashboard.
The Customer may choose to cancel at any time, in which case access continues until the end of the current paid period and no further renewal occurs, or to cancel immediately, in which case a prorated credit for the unused time is added to the Customer's account. No cash refund of remaining credit and/or unused services will be provided to the Customer upon termination.
Velumi reserves the right to terminate the agreement if the Customer breaches the terms of the agreement.
Upon termination or at any time after termination, the Customer can request that Velumi delete all customer data.
Suspension
Velumi reserves the right to suspend services 7 days after the payment due date or non-payment. The service will remain suspended until payment is received.
Velumi reserves the right to delete all data related to the service if payment is not received within 30 days after the due date or non-payment.
The service may also be suspended due to a police report, suspected criminal use, if required by the legal authorities, or if the Customer does not use the service in accordance with the terms described in this or other agreements.
Velumi reserves the right to suspend services without notifying the Customer.
Changes to Services
Velumi reserves the right to change the scope and content of services and to upgrade/update or remove features that Velumi deems unsatisfactory at any time.
In the case of substantial changes and price increases, Velumi will notify the Customer via email at least 30 days in advance.
Changes to Customer Data
Velumi reserves the right to check, modify, and delete parts of the Customer's data in connection with troubleshooting, identifying malicious code, and in cases related to misuse of the service.
Transfer of Services
The Customer may transfer a service to another Velumi account. The transfer is handled directly within the Velumi platform and does not require prior permission from Velumi.
Both parties must approve the transfer: the Customer transferring the service (the "transferor") and the Customer receiving it (the "transferee").
The transferor remains responsible for any payment commitments that arose before the transfer. The transferee becomes responsible for all payment commitments that arise after the transfer.
Before a service can be transferred, the transferor must settle any outstanding debts to Velumi.
Guaranteed Service Availability
Velumi's service availability commitment (SLA) varies by plan and is published on Velumi's pricing page. Some plans, including the free Dev plan, carry no SLA. Where an SLA applies, availability is calculated as follows:
The total number of minutes of downtime during the affected calendar month DIVIDED BY (total number of minutes during the affected calendar month MINUS excused downtime).
Excused downtime includes:
- Planned interruptions or Force Majeure events;
- Shutdown due to non-payment.
- Downtime caused directly or indirectly by the Customer, such as:
- Code modification
- Overloading the plan's capacity
- Problems with third-party add-ons and other code
- Emergency maintenance (e.g., applying a patch to fix a security vulnerability);
- Planned maintenance performed during predetermined hours.
SLA Credits
Service availability is measured separately for each individual project. The Customer may receive a credit if Velumi fails to meet the service availability for the current month on a project running on a plan that carries an SLA ("SLA credits").
SLA credits apply only to the affected project. They are calculated based on the fees paid for that project and do not extend to the Customer's other projects, even if those projects are billed under the same account.
Depending on the plan, SLA credits are issued automatically or upon written request to Velumi; the applicable model for each plan is published on Velumi's pricing page. Where credits are issued upon request, the Customer must make a written request to Velumi within 30 days of the event that gives rise to such credit.
The credit is based on the service availability calculated by Velumi and cannot exceed the total amount of fees paid for the affected project for the month in which the availability was not met. The credit is forfeited upon termination and cannot be paid in cash.
Other Compensation and Damages
Velumi is only liable for damages caused by Velumi's negligence, and claims for compensation must be notified to Velumi within 10 working days after the discovery of the damage.
Compensation is limited to a total amount equivalent to the current month's fee for the service.
Compensation or damages cannot be claimed for indirect damages such as lost profits and lost revenue. Compensation or damages cannot be claimed for loss and/or distortion of information due to, for example, unauthorized intrusion by third parties.
Permitted Use
The Customer is responsible for using Velumi's services only for purposes compatible with Swedish law and ensuring that the information published and disseminated is not copyright-protected.
The Customer agrees not to use the services, and not to allow third parties to use the services:
- to publish and disseminate copyright-protected information;
- to engage in, promote, or encourage illegal activities;
- for offensive or deceptive purposes (e.g., phishing, pyramid schemes, or mirroring a website);
- to intentionally distribute viruses, worms, trojans, corrupt files, or other data of destructive or misleading nature;
- to disrupt or bypass any aspect of the services;
- to generate, distribute, publish, or facilitate unwanted mass emails and other forms of spam.
If the Customer uses the service in a manner that Velumi deems not in accordance with the above, Velumi reserves the right to request that the Customer rectify the deficiencies or partially or fully shut down the service.
Force Majeure
Velumi is not liable for damages or other consequences if Velumi's commitments are hindered or seriously impeded by Force Majeure events, such as natural disasters, war and terrorism, labor disputes, pandemics, legislative or governmental actions, and similar events.
Disputes
Legal issues from any disputes concerning the interpretation or application of this agreement shall be determined by a Swedish court. If both parties agree, another method for resolving the dispute may be used.
Use of Trademarks and Logos
The Customer grants Velumi a non-exclusive, worldwide, royalty-free license to use and display the primary brand names and logos ("Customer Trademarks") of websites hosted on the Velumi platform under the Customer's account, solely for marketing, promotional, and customer reference purposes.
The Customer may revoke this license at any time by providing written notice to Velumi. Upon receipt of such notice, Velumi will make commercially reasonable efforts to stop using and displaying the Customer Trademarks in new materials, but Velumi is not required to recall or destroy materials already in use.
The Customer warrants that it has all necessary rights to grant this license and that Velumi's use of the Customer Trademarks as permitted here will not infringe or misappropriate any third-party rights.
Use of Free Development Plan
Free development plans (also referred to as development projects) are intended solely for development and testing purposes. Development projects may not be used in a production environment, including but not limited to:
- using the development project as a backend for live applications or websites
- serving commercial or other public traffic from end users
- using the project for commercial purposes or revenue generation
Velumi reserves the right, at any time and without prior notice, to take action if a development project is deemed to be used in violation of this policy, including to:
- move the project from a development plan to a paid plan
- restrict or suspend services that violate this policy
- modify specifications, limitations, and features of development plans
The Customer is responsible for ensuring that production projects use appropriate paid plans with adequate capacity, support, and service levels. Velumi shall not be liable for any downtime, data loss, or other consequences arising from the use of development projects in a production environment.