Agreement & Terms of Service

Description of Service
Vimery Software Platforms is a distinct friendly cloud based client relationship management (CRM) application with state-of-the-art features designed to increase client loyalty, referrals, retention, reduce cost, create client experience and ultimately drive revenue.

Acceptance of Terms
By using Vimery, you (Client) agree to the following terms and conditions.

Investment
Client agrees to a one-time setup fee and recurring fee per location on the monthly anniversary date of the creation of the Client’s account. Additional charge may also occur based on SMS usage.

Hardware
Vimery will provide a tablet free of charge as part of the agreement. Client acknowledges that the aforementioned hardware is the sole and exclusive property of Vimery. Client assumes responsibility for any damage or theft that may occur to aforementioned hardware while the hardware is in Client’s possession. Client agrees to provide WiFi and be responsible for all WiFi/ internet connectivity issues. Client acknowledges there are additional charges for locations that do not have WiFi access.

Hosting
Vimery will offer:

• Database hosting on our cloud server as part of this proposal
• Continuous software updates to ensure compatibility.

Refund Policy
Vimery will refund 100% of setup fee if client cancels in writing within 30 days of signing this agreement. To solidify cancellation, hardware must be returned within ten days. Under no circumstances will Vimery issue any refunds or proration for cancellations after 30 days of signing this agreement.

Cancellation
Client may cancel their account with Vimery at any time with a 30 days written notice via email. To solidify cancellation, hardware must be returned at Client’s expense for the cancellation to take effect. Client will be charged for hardware that is not returned.

Privacy and Communications
Client acknowledges that Vimery servers shall contain databases with contact and other information relating to Client’s patrons. Vimery shall not sell or otherwise distribute Client’s database to any third party without Client’s expressed written consent. However, trends and knowledge gained from any database is considered property of Vimery.

Cross Promotions
Vimery, with the written consent of two non-competing businesses who are both clients of Vimery, may perform a cross promotion between these two companies to benefit from each other’s client base for a minimal fee.

Federal Regulation Compliance
Client agrees not to engage in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations including, but not limited to, the CAN SPAM Act, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.

No Warranties or Representations
Client understands and agrees that Vimery Services are provided “as is” and that Vimery, its affiliates and suppliers expressly disclaim all warranties of any kind, expressed or implied, including, without limitation, any warranty of merchantability, fitness for particular purpose. Vimery, its affiliates and suppliers make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user’s specific requirements. Use of the Service is at Client’s sole risk. Client will be solely responsible for any damage to Client resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with the Client.

Confidentiality
Client acknowledges that Vimery owns all rights, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights that are protected by U.S. and international intellectual property laws. Client agrees that they will not copy, reproduce, alter, modify, or create derivative works from the Service, additionally Client agrees not to assist a third party to copy, reproduce, alter, modify or create derivative works from the Service.

Dispute
Any dispute or claim relating in any way to this Agreement & Terms of Service will be resolved by binding arbitration, rather than in court, except unless the claim qualifies for small claims court. The United States Federal Arbitration Act and Federal Arbitration Law and the Laws of the State of California apply to this Agreement. If any provision of this Agreement is held invalid by a court or other tribunal with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.

Agreement
This is a binding agreement between Vimery and Client. This Agreement constitutes the entire agreement. Client may not transfer or assign this Agreement. The terms of services of this Agreement may change over time and will be updated on the Dashboard. Notice of changes will also be emailed to the email on file.