These Terms of Service (the "Terms") govern the purchase of services offered by Velyth Visions Group LLC, a limited liability company organized in the State of Florida, United States ("Velyth", "we", "us"), directly or through its divisions Velyth Technology Solutions ("VTS") and Velyth Novaworks Studios ("VNS"), on velyth.group, velythtech.solutions and vnovaworks.studio (the "Sites").
By purchasing a service or plan, subscribing, signing a proposal or using our services, you agree to these Terms. If you are acting on behalf of a company, you represent that you have authority to bind it, and "you" refers to that company.
1. Definitions
- Services: any technology, infrastructure, support, design, content or publishing service we provide, including projects, standalone services and plans.
- Plan: a recurring monthly-capacity subscription, such as the Tech Plan, the MAX Plan or Managed Services.
- Specific Agreement: any contract, signed proposal, work order or Statement of Work (SOW) we have signed with you.
- Deliverables: the finished work we deliver to you as the result of a Service.
2. Order of precedence
If there is a Specific Agreement, it prevails over these Terms wherever it provides differently, including scope, pricing, timelines, governing law and jurisdiction. These Terms apply to anything the Specific Agreement does not cover.
3. Services and plans
3.1 Projects and standalone services
The scope of each project or standalone service is described on the Site, in the proposal or in the relevant SOW. Any work outside that scope is quoted separately. We start once we receive the agreed payment or deposit and the information needed to begin.
3.2 Monthly-capacity plans (Tech Plan and MAX Plan)
- Each Plan includes a number of working hours per month according to its tier. The Tech Plan covers VTS services. The MAX Plan combines VTS and VNS services.
- Unused hours do not roll over to the next month and are not refundable.
- If a request will exceed the month's hours, we tell you first. You can approve additional hours at the rate we quote, move to a higher tier, or defer the work to the next month.
- You may request a breakdown of hours used at any time.
- Availability, in Costa Rica time (UTC−6):
- Entry: business days, Monday to Friday, 8:00 a.m. to 6:00 p.m.
- Core: same as Entry, plus same-business-day response for urgent issues.
- Full: priority business days, plus limited weekend coverage for critical incidents.
- Custom: as quoted.
- Response times are service targets, not guarantees of resolution.
3.3 Managed Services
Managed Services are billed per user per month, with a minimum of three users, and are purchased as a separate line from the Tech Plan.
3.4 Custom plans and quotes
Custom plans and any quoted service are governed by the accepted quote. Quotes are valid for 30 days unless they state otherwise.
4. Pricing, regional pricing and taxes
- All prices are in U.S. dollars (USD).
- Regional pricing: we offer a reduced price to customers domiciled in, or with a billing address in, Latin America and the Caribbean (the eligible countries are listed on the pricing page). The price you see may depend on the country you visit from. We may ask for documentation of your domicile. If a regional price was applied that did not apply to you, we may charge the difference or cancel the service.
- Sanctions: we do not provide services to individuals, companies or countries subject to U.S. sanctions, such as Cuba. We may decline or cancel an order for this reason.
- Taxes: prices do not include taxes, withholdings, bank fees or currency-conversion charges that may apply in your country. Those costs are your responsibility.
- Price changes: we may change prices at any time. For active Plans, changes take effect at the next renewal, with at least 30 days' notice.
5. Payments
- Payments are processed by Stripe. Velyth does not receive or store your full card details.
- Purchases made directly on the Site are paid in advance. Projects contracted through a proposal or SOW are paid on the schedule that document sets out.
- If a charge fails, Stripe will retry it and we will let you know. If a payment remains outstanding for 15 days, we may suspend the Services until it is resolved.
- If you have a problem with a charge, please contact us before filing a chargeback with your bank. We can almost always resolve it faster.
6. Automatic renewal and cancellation
- Plans renew automatically at the end of each billing period, monthly or annual as you chose, and are charged to the payment method on file until you cancel.
- You can cancel at any time through the same means you used to sign up: from the Stripe customer portal (the link is in your receipts) or by emailing admin@velyth.group. Cancellation takes effect at the end of the period already paid, and you will not be charged again.
- Annual plans: we will send you a reminder between 30 and 60 days before renewal, with instructions on how to cancel.
- After you cancel, you keep access to the Services until the end of the paid period.
7. Refunds
Refunds are governed by our Refund and Cancellation Policy, which is part of these Terms.
8. Your responsibilities
- Provide the information, access, materials and approvals we need in a timely manner. Delays on your side may shift timelines.
- Ensure you have the rights to the content, trademarks, data and materials you give us, and that using them does not violate the law or third-party rights.
- Keep your credentials secure and tell us if you suspect unauthorized access.
- Keep backups of your data and systems unless you have purchased that service from us.
- Use the Services lawfully. We do not provide services for illegal activities, fraud, spam, malware or content that infringes third-party rights.
9. Intellectual property
- Your materials remain yours. You allow us to use them only to provide the Services.
- Deliverables: once you have paid the relevant Service in full, we assign to you the rights in the Deliverables created specifically for you, unless the Specific Agreement says otherwise. Until that payment, the rights remain with Velyth.
- Our tools: we retain ownership of our tools, templates, reusable code, methodologies and prior or general know-how. If any of them is incorporated into a Deliverable, we grant you a non-exclusive, perpetual license at no extra cost to use it as part of that Deliverable.
- Third-party components: open-source software, fonts, stock media and other third-party components are governed by their own licenses.
- Portfolio: we may show the work and your name or brand as a reference, unless you ask us in writing not to or we have agreed to confidentiality.
10. Confidentiality
Each party will protect the other's confidential information and use it only for the purposes of the relationship. This does not cover information that is public, already known, lawfully obtained from a third party, or required to be disclosed by law. It survives for three years after the relationship ends, or longer if a signed confidentiality agreement says so.
11. Team members and third-party services
- We may provide the Services through team members and independent contractors bound by confidentiality. Velyth remains responsible to you.
- Some Services depend on outside providers, such as hosting, domains, cloud platforms and software licenses. Their costs are passed through to you or billed in your name, as agreed. We are not responsible for those providers' outages, changes or failures, although we will help you manage them.
12. Warranty and disclaimers
- We perform the Services with professional care and in line with reasonable industry practices.
- If a project Deliverable does not conform to what was agreed and you report it within 30 days of delivery, we will fix it at no cost.
- Except as stated above, and to the extent permitted by law, the Services are provided "as is". We do not guarantee specific business results, such as sales, rankings or traffic, or the uninterrupted availability of third-party services.
13. Limitation of liability
To the extent permitted by law:
- Neither party is liable for indirect damages, lost profits, or loss of data or business opportunities.
- Velyth's total liability for any claim related to the Services will not exceed the amount you paid us for the affected Service in the 12 months before the event giving rise to the claim.
These limits do not apply to damages caused by willful misconduct or gross negligence, and they do not exclude any non-waivable rights you have under the consumer protection laws of your country.
14. Indemnification
You agree to hold Velyth harmless from third-party claims arising from the materials or content you provided to us, or from use of the Services in breach of these Terms or the law.
15. Suspension and termination
We may suspend or terminate the Services if you breach these Terms and do not cure the breach within 10 days of our notice, if payments are overdue, or immediately if use of the Services is unlawful or puts our systems or third parties at risk. On termination, you will pay for work performed up to that date and we will deliver what has been paid for.
16. Use of the Sites
Content on the Sites is for information purposes. We do our best to keep prices and descriptions accurate. If we find an obvious pricing error, we will contact you before processing the order or refund you. You may not use the Sites to attack them, scrape data automatically, or copy their content without permission.
17. Governing law and disputes
- These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules.
- Before bringing any claim, the parties will try in good faith to resolve it for 30 days, starting from written notice.
- If unresolved, the claim will be submitted to the state or federal courts located in Miami-Dade County, Florida.
- If you are a consumer, you keep any non-waivable rights and forums granted by the law of your country of residence.
18. Changes to these Terms
We may update these Terms. We will post the new version with its update date and, if the change is material, notify you by email. For active Plans, changes take effect at the next renewal.
19. General provisions
- Entire agreement: these Terms, together with any Specific Agreement, are the entire agreement between the parties regarding the Services.
- Severability: if any provision is held invalid, the rest remain in effect.
- Assignment: you may not assign your rights or obligations without our consent. We may assign them to a successor or affiliated company.
- Force majeure: neither party is liable for failures caused by events beyond its reasonable control.
- No waiver: not enforcing a right at a given time does not waive it.
- Language: these Terms are published in Spanish and English and both versions are equally valid. In case of discrepancy, the version in the language of your Specific Agreement prevails or, if there is none, the version in the language in which you purchased.
20. Contact
Velyth Visions Group LLC
2 S Biscayne Boulevard, Suite 3200 #6809, Miami, Florida 33131, United States
admin@velyth.group