Welcome to VAELIOU. These Terms of Service set out the terms and conditions under which You (refers to both, the Client and the User, as defined below) may access and use our website available at https://vaeliou.com and all related subdomains, including, however not limited to, the VAELIOU App available at: https://app.vaeliou.com and the VAELIOU Portal, (collectively, the “Website“) and all content, features, services and/or products available on or through the Website (collectively, the “VAELIOU Services”).
The VAELIOU Services offered to You are subject to your acceptance, without modification, unless otherwise stated herein, of all of the terms and conditions contained herein and all other operating rules, policies, additional guidelines or rules applicable to specific features, applications, products, or services which may be posted from time to time on the Website or otherwise made available on or through the VAELIOU Services (the “Guidelines”) and any future modifications thereof, and procedures that may be published from time to time on the Website or made available to You on or through the VAELIOU Services (collectively, the “Agreement”).
The Agreement is a legally binding agreement between You and Cyberconnecting OÜ, a legal entity registered under the laws of Estonia with registration number 14478260 and having its registered address at Sepapaja 6, Tallinn 15551, Estonia. (together herein referred to as “VAELIOU”, “we“, “our“, “us“). By accessing, browsing, registering for and/or otherwise using the VAELIOU Services, You acknowledge that You have read, understood and agree to be bound by the Agreement. If You do not agree with the Agreement, either partly or fully, do not access, browse, register for and/or otherwise use the VAELIOU Services.
The use of the VAELIOU Services is subject to acceptance of the Agreement. To accept the Agreement You as an individual must be:
a) at least 18 years old, or of the legal age of majority in the jurisdiction in which he or she resides; and
b) have the legal capacity to enter into this Agreement; and when acting on behalf of a legal entity warrant and represent;
c) that You have the authority to bind the legal entity to the Agreement; and
d) that legal entity on which behalf You are acting is duly incorporated and in good standing.
The Agreement is accepted by You, upon the moment of gaining access to those VAELIOU Services and parts of the Website the use of which is not dependent on creating an Account.
VAELIOU is a boutique SaaS that has been created to help business leaders build a thriving company culture for better business.
The VAELIOU Platinum plan provides You with access to offerings customised to Your individual business needs, made available through the VAELIOU site. This business relationship, as well as all information (documented or verbal) that the Client shares with the Advisor as part of the relationship, is bound by the principles of confidentiality. A scheduled session may be rescheduled in writing more than 25 hours before its start.
The VAELIOU Premium plan provides You with access to the VAELIOU Portal where Users can learn from materials in relation to building a thriving company culture. The User understands and agrees that VAELIOU is not an accredited institution and as a result, the certificates cannot be used for formal accreditation.
The VAELIOU Starter plan provides You with access to the introductory package to help You start building a thriving company culture.
VAELIOU will:
a) make the VAELIOU Services available to a Client pursuant to this Agreement;
b) use commercially reasonable efforts to make the VAELIOU Services available 24 hours a day, 7 days a week, except for:
(i) planned downtime (of which VAELIOU shall give advance electronic notice); and
(ii) any unavailability caused by circumstances beyond VAELIOU’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, or denial of service attack; and
(iii) the Platinum plan.
VAELIOU may in its sole discretion and at any time update or modify the VAELIOU Services, discontinue, temporarily or permanently, providing the VAELIOU Services or any part thereof, including without limitation for technical reasons, security issues, legal requirements, or business reasons, with or without notice to You. VAELIOU may also perform maintenance of the VAELIOU Services from time to time which may result in interruptions, delays or errors in the Services. You acknowledge and agree that any maintenance, modification, suspension or termination of the VAELIOU Services may be effected without prior notice, although VAELIOU will endeavor to provide such notice whenever feasible.
VAELIOU hereby grants You a personal, limited, non-exclusive, non-transferable, revocable, non-sublicensable right and license to use the VAELIOU Services and Content during the term of the Agreement in accordance with the terms and conditions of the Agreement. You acknowledge that only VAELIOU shall have the right to maintain, enhance or otherwise modify the VAELIOU Services unless specific permissions are granted to You in a separate prior written agreement with VAELIOU.
You shall use the VAELIOU Services solely for the purposes that are permitted by and as contemplated in this Agreement. Without limiting any other provision of this Agreement, You explicitly agree that You shall not, either directly or indirectly:
a) disseminate, market, license, sublicense, sell, resell, lease, transfer, assign, distribute, timeshare, let, rent, give somebody the loan of, or sub-authorize any element of the VAELIOU Services and Content, unless otherwise is explicitly specified in the Agreement;
b) remove or obliterate any proprietary notices, ownership labels, classified legends or marks from the VAELIOU Services;
c) transmit any worms, viruses, Trojan horses, or any other malware, disruptive or harmful software or data through the use of the VAELIOU Services; or
d) use the VAELIOU Services or any part thereof for any unlawful or fraudulent purpose or otherwise in any way not permitted by this Agreement.
In order to provide the VAELIOU Services, VAELIOU will collect and use certain personal data. Our Privacy Notice explains in detail how VAELIOU processes and protects the personal data in our custody or control, and describes the technical and organisational measures implemented in order to maintain the security, confidentiality and integrity of such data.
The processing of the personal data shared through the VAELIOU Services by the Client and Users are regulated by the VAELIOU Data Processing Agreement which is offered for execution within the VAELIOU Services.
VAELIOU can provide access to its Clients to the community of experts, technology partners and advisors (“Partners”). VAELIOU does not bear any responsibility for the services provided by such Partners. VAELIOU expressly disclaims any representation, warranty or liability relating to the services provided to the Client by our Partners liability, whether in contract, tort (including negligence) or otherwise, in respect of any damage, expense or other loss the Client may suffer arising out of such the use of such services, or reliance upon such services. You acknowledge that Your engagement of our Partners shall be at Your own risk.
The VAELIOU Services may include links to, or otherwise direct Your attention towards, websites, services, features, or products operated or offered solely by third parties (collectively, “Third-Party Services”). Such links and information are offered solely for informational purposes and convenience. The inclusion of any link does not imply an association, support, endorsement, consent, examination, or authentication by VAELIOU of such third party or Third-Party Services (including without limitation any content made available within such Third-Party Services).
VAELIOU shall not be liable for the information and content contained in any Third-Party Services or for Your use of or incapacity to use such Third-Party Services, and VAELIOU expressly disclaims any liability for them. Access to any Third-Party Services is at Your own risk, and You must be aware of the fact that Third-Party Services are governed by terms of service and privacy policies different from those of VAELIOU. You acknowledge and agree that the third party, and not VAELIOU, is entirely liable for the delivery and performance of the respective Third-Party Services.
The Website may include materials on topics, including, however not limited to, building a thriving company culture. These curse materials are intended only for informational purposes. VAELIOU endeavours to keep the materials on the Website current and up-to-date, however, VAELIOU does not guarantee that any of the materials on the Website are correct or current.
VAELIOU makes no warranties or representations, express, statutory or implied, as to the quality and accuracy of the Website, the VAELIOU Services or any information provided through the VAELIOU Services, and we disclaim any implied warranties and representations to the maximum extent permitted by applicable law. Furthermore, we do not make any representations as to the accuracy, timeliness, comprehensiveness, completeness, quality, reliability, currency, error-free nature, compatibility, security, data loss, non-interference with or non-infringement of any intellectual property rights, or fitness for a particular purpose of the Website, the VAELIOU Services or any information provided through the VAELIOU Services to the maximum extent permitted by applicable law.
VAELIOU does not guarantee the adequacy of the VAELIOU services or compatibility and security thereof to Your computer equipment and do not warrant that the VAELIOU Services, their infrastructure or any emails or communications transmitted via the VAELIOU Services will be free of viruses or secure against hacking attacks.
If the applicable law does not allow the exclusion of some or all of the above warranties to apply to You, the above exclusions will apply to You to the fullest extent permitted by applicable law.
To the maximum extent permitted by applicable law, VAELIOU shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for, relating to or arising from
(a) loss of profits;
(b) failures of telecommunications, the internet, electronic communications;
(c) corruption of data;
(d) breach of security;
(e) loss or theft of data;
(f) viruses or spyware;
(g) loss of business revenue or investment;
(h) damage to goodwill, data or other intangible losses; or
(i) resulting from:
(i) the use of or the inability to use the services;
(ii) unauthorized access to or alteration of the personal data shared via the VAELIOU Services; (iii) conduct of any third party on our Website. The above limitations apply even if VAELIOU have been advised of the possibility of such damages.
You agree to indemnify, hold harmless and defend VAELIOU, its managers, members, directors, employees, agents, or affiliates (collectively, the “Indemnified Parties”) at its expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties arising out of or relating to
(i) Your breach of any term or condition of this Agreement;
(ii) Your use of the VAELIOU Services; and
(iii) any unauthorised use of the Services, including, however not limited, infringement of intellectual property rights or any other rights of third parties. In such a case, the Indemnified Party or Parties will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim.
In the event of a dispute, controversy or claim arising out of or in relation to these Terms, including but not limited to the formation, validity, breach or termination thereof, the parties shall attempt to solve the matter amicably in mutual negotiations. In the event a mutually acceptable resolution cannot be reached within a reasonable time, either party will be entitled to seek all available remedies, including legal remedies subject to the terms and conditions set forth below. Notwithstanding the foregoing and subject to the terms and conditions set forth below, either party may seek injunctive relief with respect to any disputed matter to the extent possible under applicable law. Should an amicable settlement between parties not be possible, the dispute shall be finally solved in court or by arbitration as designated herein subject to the terms and conditions set forth below. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not be applied to these Terms. Any questions relating to these Terms which are not expressly or implicitly settled by the provisions contained in these Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia. Any disputes resulting from this Agreement will be resolved in the Harju County Court as the court of first instance.
