Terms & Conditions
1. Acceptance of Terms
Vello Corporation provides its Services and Products to you, subject to the following Terms and Conditions. By installing, accessing, or otherwise using the Services and Products, you agree to be bound by the Terms and Conditions.
2. Description of Service
Vello provides text, audio, and web-based conferencing services and products with related standards and enhanced conferencing features. This Service is available through the Vello website and/or non-browser application. Vello authorizes you to use the website and/or non-browser application and access the Service on the condition that you comply fully with the Terms and Conditions. You understand and agree that the Service may include certain communications from Vello, such as service announcements and administrative messages, and that these communications are considered part of Vello membership and you will not be able to opt out of receiving them. You understand and agree that the Service is provided "AS-IS" and that Vello assumes no responsibility for the timeliness, deletion, interruption or failure.
3. Your Registration Obligations
In order to use the Vello service, a user must first complete a registration form. In consideration of your use of Vello's Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by Vello's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4. Membership Eligibility
Vello's services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Vello Services are not available to temporarily or indefinitely suspended Vello members.
Your Vello account and User ID (which may be the same as your email address) may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
5. Fees and Payment Policy
Vello charges customers for products and services, and credits owing. Vello will issue a monthly invoice statement. The statement date is the thirty day anniversary of your registration date regardless of any promotions. Vello can also elect to change your statement date to occur anywhere between the twenty (20) to thirty (30) day anniversary of your registration date. You will receive an email notification each month. Payments will be due net 30 days for the total amount due each month. Charges are in U.S. dollars.
Pricing and Descriptions of Charges can be found with the monthly invoice or on the Vello website Price Plans page.
6. Member Account and Password Security
You will receive a password and account designation upon completing Vello's registration process. You are responsible for maintaining the confidentiality of the password and account, and are entirely responsible for any and all activities that occur under your account. Vello will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Vello or another party due to someone else using your account or password. You agree to immediately notify Vello of any unauthorized use of your password or account or any other breach of security. Vello cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7.
7. Vello Privacy Policy
Registration Data and certain other information about you are subject to Vello's Privacy Policy. For more information, see Vello's full privacy policy at www.vellocall.com/privacy.html. You understand that through your use of Vello's service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Vello and its successors.
8. Member Conduct
You understand that all communications are the sole responsibility of the person from which such communications originated. This means that you, and not Vello, are entirely responsible for the content and context of all conference communications that you conduct via Vello's Service.
9. Illegal or Harmful Use
You may access and use the Vello Website and Service only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via Vello's Service, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited.
10. Website and Service Security
You may not violate the security of Vello's Website or Service in any way. Such violations may result in criminal or civil liability. Vello may, but is not obligated to, investigate any violation of Vello's Website or Service. Vello may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using Vello products and services or sending, receiving, posting, accessing, or storing any electronic transmission via Vello's Service, you agree to cooperate, as well, in any such investigation.
11. Investigation and Enforcement of the Terms and Conditions
All users of the Services must adhere to the Terms and Conditions. Vello has the right, but is not obligated, to strictly enforce the Terms and Conditions through self-help, active investigation, litigation and prosecution.
Vello may also access and disclose any information (including transactional information) related to your access and use of Vello's Website or Service for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting Vello's rights or property and those of Vello's customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED BREACHES OF THE TERMS AND CONDITIONS, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT BY SUCH COMPANY, CUSTOMER OR USER.
12. Compliance With Applicable Laws
Unless otherwise specified, the Vello Service is for your personal and noncommercial use. You are solely responsible for complying in all respects with all applicable federal and state telemarketing laws, rules, and regulations. This includes, but is not limited to, the Federal Trade Commission and the Federal Communications Commission National Do Not Call Registry rules and regulations, and State Do Not Call List rules; the Pre-Recorded Messages Rule; the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227; the Federal Communication's implementing regulations, at 47 C.F.R. § 64.1200 et seq., and any other similar laws. You agree that Vello will not be held responsible for damages to you, or any third party, incurred due to your failure to abide by State and/or Federal laws. Please refer to the Federal Communications Commission web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney Generals office or other applicable offices for rules and or regulations pertaining to your intended use of Vello's service.
13. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Vello content. Specifically, you agree to comply with all applicable laws including but not limited to, the transmission of technical data imported into the United States or exported to a country outside the United States.
14. Voluntary Termination by User
You may voluntarily terminate your membership at any time by providing written notice to Vello via email support@vellocall.com or regular mail to 191 Castro Street, Suite 200, Mountain View, CA 94041.
15. Termination by Vello without Cause
Vello may terminate your membership without cause at any time without notice.
16. Indemnity
You agree to indemnify and hold Vello's subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of use of Vello services, your status as a Vello member, your violation of the Terms and Conditions, or your violation of any rights of another.
17. Disclaimer of Warranties and Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A VELLO WEBSITE OR SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VELLO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VELLO MAKES NOT WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN SOFTWARE WILL BE CORRECTED.
18. Modifications to Service
Vello reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Vello shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
19. Links to Third Party Sites
Vello may provide, or third parties may provide, links to other websites or resources. Because Vello has no control over such sites and resources, you acknowledge and agree that Vello is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Vello shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
20. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third party beneficiaries to this Agreement.