EULA & Privacy Policy
The End User License Agreement and Privacy Policy governing use of the Safety Assist application, as published by Velocity Vue, Inc.
SAFETY ASSIST APPLICATION
End User License Agreement
This Velocity Vue End User License Agreement ("Agreement") is a legal agreement between users ("You") and Velocity Vue, Inc. (VVI, the "Company," "we," "us" or "our") regarding the Company's Applications. For good and valuable consideration, You agree with us to the following:
Grant of License
This license granted to You for the Licensed Applications by the Company is limited to a terminable, non-sublicensable, non-transferable, non-exclusive license to install and use and/or deploy the Licensed Applications. You may not copy, decompile, reverse engineer, disassemble, and attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof. Any attempt to do so is a violation of the rights of the Company. You acknowledge that VVI reserves and shall retain its entire right, title, and interest in and to Licensed Applications, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. If you breach this restriction, you may be subject to prosecution and damages. The Company does not transfer the title of the Licensed Applications to You; the license granted to You is not a sale. This Agreement is a binding legal agreement between the Company and You.
Consent to Use of Data
You agree that the Company may collect and use technical data and related information, gathered in any manner to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. All information we collect through or in connection with the Licensed Application is subject to our Privacy Policy below. The Company may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to its customers. The Company may also use this information to provide notices to you which may be of use or interest to you.
Use of VVI Applications
VVI applications are provided on a subscription plan that requires either annual or monthly payments. VVI Applications are only licensed for use in the United States and its territories. You shall use VVI Applications in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of VVI Applications, together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Disclaimer of Warranty
You expressly acknowledge and agree that use of the Licensed Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application ("Services") are provided "as is" and "as available," with all faults and without warranty of any kind, and the Company hereby disclaims all warranties and conditions with respect to the Licensed Application and any Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third-party rights. VVI does not warrant that the functions contained in, or Services performed or provided by, the Licensed Application will meet your requirements, that operation will be uninterrupted or error-free, or that defects will be corrected. No oral or written information or advice given by Velocity Vue or its authorized representative shall create a warranty. Should the Licensed Application or Services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Note that VVI Applications are not a government-approved safety program. It is a tool to help you administer your own company safety program. You have sole responsibility for meeting any legal requirements.
Limitation of Liability
To the extent not prohibited by law, in no event shall the Company be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Licensed Application, however caused, regardless of the theory of liability, and even if the Company has been advised of the possibility of such damages. In no event shall the Company's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Indemnification
You agree to indemnify, defend, and hold harmless VVI and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Licensed Application or your breach of this Agreement, including but not limited to the content you submit or make available through the Licensed Application.
Termination
This license is effective until terminated by You or the Company, but all provisions of this Agreement except Section 1 (Grant of License) will survive termination and continue in effect. If you wish to terminate this license for any reason, you must provide us at least 10 days notice by emailing support@velocityvue.com. Your rights under this license will terminate automatically without notice from the Company if you fail to comply with any term(s) of this license. Upon termination, you shall cease all use of the Licensed Application and destroy all copies. Financial obligations incurred by You survive termination. Your data may not be available to You after termination.
Export Controls
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained, including restrictions on embargoed countries and denied/restricted party lists. You also agree not to use the products for purposes prohibited by United States law, including the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
Governmental Users
The Licensed Application and related documentation are "Commercial Items," consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." Consistent with applicable federal acquisition regulations, the Commercial Computer Software and Documentation are licensed to U.S. Government end users only as Commercial Items and with only those rights granted to all other end users under this Agreement.
Choice of Law; Jurisdiction
The laws of the State of Texas, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. You and we agree to submit all disputes between us to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas.
Entire Agreement; Section Titles; Non-Waiver; Severability
This Agreement and our Privacy Policy constitute the entire agreement between you and VVI with respect to the Licensed Application. Section titles are for convenience only. Our failure to enforce any provision is not a waiver. If any provision is held unenforceable, it is severable and the remaining provisions remain in effect.
Assignment
You may not assign your rights under this Agreement to any third party; we may assign our rights without condition.
Upgrades and Bug Fixes
VVI may from time to time, at its sole discretion, develop and provide updates, which may include upgrades, bug fixes, patches, and other corrections or new features. VVI has no obligation to provide updates or continue any particular feature. You agree to promptly install updates, and that all updates are subject to this Agreement.
VELOCITY VUE, INC.
Privacy Policy
Velocity Vue, Incorporated, and its subsidiary products and services ("we," "us," or "our") respects the privacy of our users ("user" or "you"). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website, including any related web application, media form, media channel, mobile website, or mobile application (collectively, the "Site"). By using the Site, you consent to the data and privacy practices described in this policy. If you do not agree with the terms of this Privacy Policy, please do not access the Site. We reserve the right to update this Privacy Policy at any time; changes are effective immediately upon posting, and continued use of the Site after a revision is posted constitutes acceptance of the revised policy.
Collection of Your Information
We collect information about you when you fill in a sign-up or contact form, download content or reports, interact with the Site, sign up for newsletters, or contact us directly. We also collect information you voluntarily provide when using our services, such as filling out safety compliance reports, maintaining credentials, or contacting partner organizations.
Categories of information we may collect include: Personal Data (name, address, email, phone, location, employer, and similar identifiers you provide when registering or using the Site); Data from your input (anything you enter while performing a task on the Site); Derivative Data (IP address, browser type, operating system, access times, and pages viewed, collected automatically); Financial Data (limited payment information, primarily processed and stored by our payment processor, Stripe); Data from Social Networks (if you connect a social account); and Data from Contests, Giveaways, and Surveys.
Use of Your Information
We use your information to operate the Site and deliver the services you request. We do not sell data. We may use information to compile anonymized statistics, manage accounts, deliver relevant communications, fulfill transactions, improve the Site, respond to support requests, and administer promotions. We may also share information with trusted partners to help deliver industry-related services, perform statistical analysis, or provide sponsored content.
Disclosure of Your Information
We may share information as required by law or to protect rights and safety; with third-party service providers who perform functions on our behalf (payment processing, hosting, analytics, customer support, marketing); with affiliates and business partners; and in connection with a merger, sale, or bankruptcy. We are not responsible for the privacy practices of third parties you interact with through the Site.
Tracking Technologies
We may use cookies, web beacons, and similar tracking technologies, including third-party analytics tools such as Google Analytics, to help operate and improve the Site. We do not currently respond to browser "Do Not Track" signals.
What We Don't Track
Regardless of what we do collect, Velocity Vue, Incorporated does not track:
- Your racial or ethnic origin
- Your political opinions
- Your religious or philosophical beliefs, or trade union membership
- Your genetic, biometric, or health data
- Data concerning your sex life or sexual orientation
Security of Your Information
We use administrative, technical, and physical measures to help protect your personal information. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.
Policy for Children
Our Site is not intended for anyone under the age of 18, particularly children under 16. We do not knowingly collect information from children under 16. If we learn we have collected such information without parental consent, we will delete it.
California & Virginia Privacy Rights
Residents of California and Virginia have statutory data rights, which we extend to all U.S. users: the right to access, rectify, erase, restrict processing of, port, and object to the use of your personal information. Requests can be made using the contact information below; we will make best efforts to respond within 45 days.
Account Closure and Data Deletion
You may request removal of your account and personal information at any time, subject to active products or services being canceled first. It may take up to 30 days for account data to be deleted; after deletion, the account is unrecoverable.
Opt-Outs, Third-Party Links, and Good Practices
You can review or change your account information, or opt out of certain marketing emails, at any time by updating your account settings or contacting us directly. Our Site may link to third-party websites; once you leave the Site through those links, this Privacy Policy no longer applies, and we encourage you to review the third party's own policy before sharing information with them. As general good practice, avoid publishing or uploading anything on the Site that you consider private, and get third-party expert advice on any industrial safety matter specific to your situation.
Contact Us
If you have questions or comments about this Privacy Policy, please contact us at:
Velocity Vue, Incorporated
833 Bluff Woods Drive, Driftwood, TX 78619
Phone: 512.619.3946
Email: support@velocityvue.com