01Acceptance of these terms
By accessing or using veldenllc.com (the “Site”), joining our waitlist, or using an app published by us (“VELDEN Apps”), you agree to these Terms of Service (the “Terms”) and to our Privacy Policy. If you do not agree, please do not use the Site or our apps.
02About VELDEN
The Site is operated by VELDEN LLC (“VELDEN,” “we,” “us” or “our”), a limited liability company organized under the laws of the State of New Mexico, United States. VELDEN publishes its own software applications on Apple’s App Store and provides design and development services for websites, web software and mobile apps to business clients.
03Eligibility
You must be at least 18 years old, or the age of majority where you live, to engage our client services or to accept these Terms on behalf of a business. If you accept on behalf of a company, you confirm that you are authorized to bind it. VELDEN Apps may be used by anyone permitted to do so under the App Store’s terms and the app’s age rating.
04Use of the Site
We grant you a limited, non-exclusive, non-transferable, revocable permission to access and view the Site for your personal or internal business purposes. Content on the Site, including pricing, is provided for general information. Starting prices are estimates, not offers, and do not create a binding contract. Nothing on the Site constitutes legal, financial or other professional advice.
05Client services
Client services are provided only under a written proposal, statement of work or services agreement signed or accepted by both parties (an “Agreement”). If an Agreement conflicts with these Terms, the Agreement controls. Unless the Agreement says otherwise:
- Scope and price. The Agreement defines the deliverables, timeline and fixed price in US dollars. Work outside the agreed scope requires a written change order.
- Payment. Projects are invoiced in milestones, typically 40% before work begins and the balance across agreed delivery milestones. Invoices are due within 14 days. We may pause work on overdue accounts after written notice.
- Your responsibilities. You agree to provide timely feedback, content and access, and you confirm that materials you provide do not infringe anyone’s rights and comply with applicable law.
- Acceptance. Each deliverable is considered accepted when you approve it in writing, or ten business days after delivery if you have not reported a material defect.
- Ownership. Upon full payment, you own the final deliverables and the custom code created specifically for you. We retain ownership of our pre-existing tools, know-how and reusable components, and grant you a perpetual, non-exclusive license to use them as part of the deliverables. Third-party and open-source components remain subject to their own licenses.
- Confidentiality. Each party will keep the other’s non-public information confidential and use it only for the project. We will reference a project in our portfolio only with your permission.
- Warranty. We will perform services in a professional manner consistent with industry standards and will correct material defects reported during the support period stated in the Agreement.
Refunds and cancellations for client services are described in our Refund Policy.
06VELDEN Apps and subscriptions
VELDEN Apps are licensed, not sold, to you. Unless an app provides its own license terms, your use of a VELDEN App is governed by Apple’s standard Licensed Application End User License Agreement, together with these Terms. Apple is not responsible for VELDEN Apps or their content, maintenance or support.
Subscriptions and automatic renewal
- Some features of VELDEN Apps require a paid subscription. The price, billing period and features are shown in the app before you purchase.
- Payment is charged to your Apple Account at confirmation of purchase. All billing is handled by Apple.
- Subscriptions renew automatically at the same price and for the same period unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period.
- You can manage or cancel subscriptions anytime in your Apple Account settings on your device. Cancellation takes effect at the end of the current billing period.
- If a free trial is offered, any unused portion of the trial is forfeited when you purchase a subscription. If you do not cancel before the trial ends, the subscription begins and you will be charged.
- We will give advance notice of any price increase, and Apple may ask you to consent to it before your subscription renews.
07Waitlist
Joining the waitlist is free and creates no obligation for you or for us. It does not reserve a purchase or guarantee access, pricing or a launch date. You can leave the waitlist at any time by unsubscribing or emailing us.
08Intellectual property
The Site, VELDEN Apps and all related content, including the VELDEN name and logo, text, graphics, interface designs and software, are owned by VELDEN or its licensors and protected by United States and international intellectual property laws. You may not copy, modify, distribute or create derivative works from them without our written permission, except as allowed by law. Apple, iPhone and App Store are trademarks of Apple Inc.
09Acceptable use
You agree not to:
- use the Site or our apps in violation of any law or regulation;
- attempt to gain unauthorized access to, interfere with or disrupt our systems, or probe or test their vulnerability without our written permission;
- submit false information, other people’s email addresses without their consent, or automated or bulk submissions;
- reverse engineer our apps except as permitted by law; or
- use the Site or our apps to transmit malware, spam or unlawful content.
10Third-party services
The Site and our apps may rely on or link to third-party services, such as Apple’s App Store, content delivery networks and font providers. We do not control and are not responsible for third-party services, which are governed by their own terms and privacy policies.
11Disclaimers
Except as expressly stated in a written Agreement, the Site and VELDEN Apps are provided “as is” and “as available.” To the fullest extent permitted by law, VELDEN disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site or our apps will be uninterrupted, error-free or free of harmful components. VELDEN Apps for focus, habits or journaling are general productivity tools and are not medical, health or professional services.
12Limitation of liability
To the fullest extent permitted by law, VELDEN and its members, employees and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or related to the Site, our apps or these Terms. Our total liability for any claim relating to the Site or VELDEN Apps will not exceed the greater of the amount you paid for the relevant app in the twelve months before the claim or one hundred US dollars (US$100). For client services, liability is limited as set out in the Agreement, and otherwise to the fees paid for the services giving rise to the claim.
Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.
13Indemnification
You agree to indemnify and hold VELDEN harmless from claims, damages and reasonable expenses, including attorneys’ fees, arising from your violation of these Terms or of applicable law, or from materials you provide to us that infringe the rights of a third party.
14Governing law and disputes
These Terms are governed by the laws of the State of New Mexico and applicable federal law of the United States, without regard to conflict-of-law rules. Before filing any claim, both parties agree to try to resolve the dispute informally by contacting the other in writing and negotiating in good faith for at least 30 days. If the dispute is not resolved, it will be brought exclusively in the state or federal courts located in the State of New Mexico, and both parties consent to their jurisdiction. Either party may bring an individual claim in small claims court where eligible. Nothing in this section limits rights you have as a consumer under the mandatory laws of the place where you live.
15Changes to these terms
We may update these Terms from time to time. The “Last updated” date shows the latest version. Material changes will be announced on the Site before they take effect. Your continued use of the Site or our apps after the effective date means you accept the updated Terms. Changes do not affect signed Agreements unless both parties agree in writing.
16General
These Terms, together with our Privacy Policy, Refund Policy and any Agreement, are the entire agreement between you and VELDEN on their subject. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.