Terms of Use | Velaris Insurance

These Terms of Use ("Terms") govern your access to and use of the Velaris websites and platform and the related technology and data-management services (the "Platform" and "Services"). By accessing or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform. These Terms govern Platform and website use only; insurance coverage and any non-insurance program are governed solely by the applicable policy, certificate, or program agreement, not by these Terms.

1. Who we are; relationship to other agreements

The Platform is provided by Velaris Group, Inc. and Velaris Insurance Agency, LLC and their affiliates ("Velaris," "we," "us"). If you are a Customer, your use of the Services is also governed by your onboarding agreements (the Brokerage and Broker-of-Record Agreement, the Program Services Agreement, and, where applicable, the Membership Agreement). If those agreements conflict with these Terms on their subject matter, the onboarding agreements control for Customers.

2. Eligibility and accounts

You must be at least 18 and able to form a binding contract. You are responsible for your account credentials and for all activity under your account, and you agree to keep your credentials secure and notify us of any unauthorized use.

3. License to use the Platform

Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited right to access and use the Platform for your own personal or internal business purposes. We may modify, suspend, or discontinue the Platform, in whole or in part, with or without notice, and we have no obligation to provide support or maintenance.

4. Restrictions

You shall not: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform or its content; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Platform; (c) access the Platform to build a similar or competitive product or service; or (d) copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Platform except as expressly permitted.

5. Acceptable use

You agree not to use the Platform to collect, upload, transmit, display, or distribute any content that: violates any third-party right, including intellectual property, privacy, or publicity rights; is unlawful, harassing, abusive, threatening, harmful, invasive of privacy, defamatory, false, obscene, or otherwise objectionable; is harmful to minors; or violates any law or regulation. We may remove content and suspend or terminate access for violations.

6. User content and feedback

"User Content" means information and content you submit to or use in connection with the Platform. You are solely responsible for your User Content and the risks of its use. You grant us a nonexclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, display, perform, prepare derivative works of, and otherwise use your User Content, and to sublicense these rights, for our business purposes. You also grant us a perpetual, irrevocable, royalty-free license to use any feedback you provide, which we may treat as non-confidential.

7. Intellectual property

Excluding your User Content, all intellectual property rights in the Platform and its content, including copyrights, patents, trademarks, and trade secrets, are owned by Velaris or its suppliers. Data and information generated or collected by Velaris in providing the Services is Velaris property. No rights are granted except as expressly stated.

8. Third-party services and links

The Platform may integrate or link to third-party services (for example, payment processors and data partners). Those services are governed by their own terms and privacy policies, and we are not responsible for them.

9. No insurance advice; products governed by their documents

Information on the Platform is for general purposes and is not insurance, legal, tax, or financial advice. Eligibility, coverage, exclusions, limits, and obligations are governed solely by the applicable policy, certificate, or program agreement. Where coverage is placed on a surplus lines (non-admitted) basis, the insurer is not licensed in every state and is not protected by any state guaranty fund.

10. Disclaimers

The Platform and Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or secure, or that any information or recommendation made through the Platform is accurate or reliable. We are not a party to any agreement between hosts and guests, are not a real estate broker or payment agent, and disclaim liability for the conduct of hosts, guests, and other users and for the condition of any property.

11. Limitation of liability

To the maximum extent permitted by law, in no event will Velaris or the insurers be liable for loss of profits, revenue, or data, or for indirect, incidental, special, or consequential damages, on any theory of liability. The total liability of Velaris and the insurers arising from or related to the Platform or these Terms will not exceed the greater of the amounts you paid to us in the six months before the event giving rise to the claim, fifty US dollars ($50), or the remedy or penalty required by applicable statute. These limits do not apply to liability that cannot be limited by law.

12. Indemnification

You agree to indemnify and hold harmless Velaris and the insurers, and their officers, employees, and agents, including reasonable attorneys' fees, from any third-party claim arising out of your use of the Platform, your User Content, your breach of these Terms, or your violation of applicable law. We may assume the exclusive defense of any matter subject to indemnity, at your expense, and you will cooperate and not settle without our prior written consent.

13. Electronic communications

You consent to receive communications from us electronically, and you agree that electronic agreements, notices, and records satisfy any legal requirement that such communications be in writing, consistent with E-SIGN and UETA.

14. Term, suspension, and termination

We may suspend or terminate your access at any time, with or without notice, for any reason, including a violation of these Terms or a regulatory or security event. Provisions that by their nature should survive termination will survive.

15. Dispute resolution; arbitration; class waiver

PLEASE READ CAREFULLY. Any dispute or claim relating to the Platform, the Services, or these Terms will be resolved by binding arbitration administered by JAMS under its applicable rules (Streamlined for claims under $250,000; Comprehensive otherwise), governed by the Federal Arbitration Act, except that a party may bring an action in court to collect amounts due, bring qualifying claims in small-claims court, and seek equitable relief for intellectual-property misuse. WAIVER OF JURY TRIAL and WAIVER OF CLASS OR COLLECTIVE PROCEEDINGS apply; only individual relief is available. You may opt out of arbitration by written notice to legal@velarisinsurance.com within 30 days of first becoming subject to these Terms.

16. Governing law and venue

These Terms are governed by the laws of the State of Delaware, consistent with the Federal Arbitration Act, without regard to conflicts-of-law principles. To the extent litigation is permitted, exclusive venue is the state or federal courts located in Fulton County, Georgia.

17. Changes to these Terms

We may update these Terms from time to time. We will post the updated version with a new effective date and, where required, provide additional notice. Your continued use of the Platform after changes take effect constitutes acceptance.

18. Contact us

Velaris Insurance Agency, LLC, 1447 Peachtree St. NE, Suite 700, Atlanta, GA 30309. Email: legal@velarisinsurance.com.