These Terms of Service ("Terms") are between you and Stellar Velocity ("Stellar Velocity"). If you are agreeing to Terms not as an individual but on behalf of your company, then "Customer" or "you" means your company, and you are binding your company to these Terms. Stellar Velocity may modify Terms from time to time, subject to their sole discretion.
Scope of the document
IF YOU DO NOT FULLY AND COMPLETELY AGREE TO THE TERMS OF THE AGREEMENT AND YOU CHOOSE TO CONTINUE TO USE THE SERVICE, YOU WILL NEVERTHELESS BE BOUND TO THE TERMS OF THE AGREEMENT.
- Customer Data. "Customer Data" means any of Customer's information, documents, electronic files, or other assets that are provided to Stellar Velocity hereunder.
- Service. "Service" means the software service for which Customer has paid to access, including any Updates relating thereto that may be provided hereunder or thereunder, and any derivative works of the foregoing.
- Documentation. "Documentation" means any online or printed user manuals, functional specifications that are provided to Customer by Stellar Velocity, and any derivative works of the foregoing.
- Member. "Member" means any user of the Service to whom is granted login credentials for the Service.
- User. "User" means a named individual to whom Customer has granted access to use the Service on Customer's behalf, regardless of whether or not the User actually accesses the Service.
- Error. "Error" means any reproducible material failure of the Service to function in accordance with its Documentation.
Access and Rights to Service
Subject to the terms and conditions of these Terms, Stellar Velocity grants you a non-exclusive right to access and use the Service during the applicable Subscription Term in accordance with this document and the Documentation. Service is available on a limited license or access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as "purchase". If Stellar Velocity offers other software for use with the Service, you may use such software solely with the Services, subject to the terms and conditions of this document. You acknowledge that our Service is an on-line, subscription-based product and that we may make changes to the Services at our sole discretion.
Nothing in this Agreement grants you any right, title, or interest in the Service, Software, or Content (other than your own) or to use any Stellar Velocity or STARS trademarks, logos, domain names (or any derivative thereof), or brandings.
When you upload text, graphics, and other assets that may be accessed through the Service, we refer to it as "Content". You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to store the Content. You retain all of your ownership rights in your Content. Stellar Velocity asserts no claim of ownership in or to any of your Content.
Subject to the terms of these Terms, you hereby grant to Stellar Velocity a non-exclusive, worldwide, royalty-free right to collect, use, copy, store, transmit, modify and create derivative works of Content, in each case solely to the extent necessary to provide the Service. Stellar Velocity may also access your account in order to respond to your support requests.
You acknowledge that when using the Services, you may be exposed to Content from other Users, and that Stellar Velocity is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you could be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Stellar Velocity with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Stellar Velocity, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to any Content and your use of the Services. You acknowledge your use of Content is at your sole risk.
You should only access our Service from a trusted network. Although Stellar Velocity will not be liable for any losses you might suffer, you may be liable for the losses of Stellar Velocity or others.
You are responsible for maintaining the security of your account login credentials. Stellar Velocity, makers of STARS, cannot and will not be liable for any loss or damage from failure to comply with this security obligation.
You must ensure that all Users keep their credentials for the Service strictly confidential and not share such information with any unauthorized person. You are responsible for any and all actions taken using your account credentials, and you agree to immediately notify Stellar Velocity of any unauthorized use of which you become aware.
You must provide your full legal name, a valid email address, and any other information requested by Stellar Velocity in order to complete the signup process and license.
You may not use your account for any illegal or unauthorized purpose. You must not, in the use of this Service, violate any laws in your jurisdiction (including, but not limited to copyright laws).
Account Billing and Invoicing
You agree to pay all fees and charges you incur, in US dollars with a major credit card accepted by Stellar Velocity. You agree to pay all fees and charges that you incur through your account, including, but not limited to, applicable taxes. In addition, you are responsible for paying any amounts billed to your credit card by someone who uses your card, such as a secondary card holder or family member, or if you authorized use of your card by someone else for the initial Subscription.
Cancellations, Refunds, and Suspensions
Stellar Velocity products and services are billed in advance on a recurring, monthly basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
You may cancel a Subscription at any time through your Billing page. Your account will remain active for the remainder of the term for which you have previously paid. Cancellation of your Subscription will not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which your Subscription is cancelled. We are not responsible for any accounting errors or oversights older than sixty (60) days. Stellar Velocity may, without compensation or proration, cancel your Subscription in the event of nonpayment or dispute of payment or if you violate any terms or conditions of this Agreement.
If payment cannot be charged to your credit card or your payment is returned to us for any reason, including chargeback, we reserve the right to either suspend or terminate your account and our obligations under this Agreement.
Cancelled accounts will have their data preserved for forty-five (45) days after the last billing period has ended. This data can be deleted or supplied within this timeframe upon customer request.
Stellar Velocity products, including, but not limited to STARS, require the use of persistent web browser cookies for proper function. These cookies may contain abstracted and unabstracted user data. This data may be deleted, refereshed, or updated from time to time. Although Stellar Velocity may make a reasonable effort to safegaurd such data, there is no warranty either expressed, or implied, that this data cannot be used to obtain personally identifiable data.
As deemed necessary by Stellar Velocity and its operators, STARS may collect and report data about usage patterns and user behaviors.
Except as otherwise expressly permitted in written form by Stellar Velocity and its operators thereof, you will not: (A) rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sublicense, or transfer Service to a third party, (B) circumvent mechanisms in the Service intended to limit your use, (C) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Services, except as permitted by law.
Stellar Velocity will not accept under any circumstances the liability for the loss of customer data through general use, unconventional use, hacking, software defects, or equipment failure.
UNDER NO CIRCUMSTANCE DOES STELLAR VELOCITY WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. NEITHER PARTY (NOR ITS SUPPLIERS) SHALL BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
You agree to indemnify, defend, and hold Stellar Velocity, its suppliers, and their respective officers, directors, owners, employees, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, obligations, costs and expenses, including attorney's fees, incurred in connection with any Customer Data or use of the Services, whether via your password and/or by any other person, whether or not authorized by you. Stellar Velocity reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Stellar Velocity's defense of such claim. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
ALL SERVICES ARE PROVIDED "AS IS," AND STELLAR VELOCITY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STELLAR VELOCITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. STELLAR VELOCITY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE.