VeloRisk

TERMS OF SERVICE

Last Updated: April 2026

1. Agreement to Terms

By accessing or using velorisk.io (the "Service"), operated by Fermata, LLC d/b/a VeloRisk ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service (these "Terms"). If you do not agree to these Terms in their entirety, you must immediately cease all use of the Service. Your continued use of the Service following any posted update constitutes your acceptance of the modified Terms.

2. Description of Service

VeloRisk provides technology-driven enterprise risk assessment services. The Service includes:

  • Online risk assessment questionnaires
  • Automated risk analysis and recommendations
  • Downloadable PDF reports
  • Online access to assessment results for specified periods

VeloRisk reserves the right to modify, expand, or discontinue any feature of the Service at any time in accordance with Section 16.

3. Account Registration and Use

To use the Service, you must:

  • Provide accurate, complete, and current registration information and update it as necessary;
  • Maintain the security and confidentiality of your account credentials;
  • Notify us immediately of any actual or suspected unauthorized access to your account; and
  • Be at least 18 years old and duly authorized to bind your organization to these Terms.

You are solely responsible for all activity that occurs under your account. We reserve the right to suspend or terminate accounts found to contain inaccurate or fraudulent information.

4. User Responsibilities

When using the Service, you are responsible for:

  • Providing accurate and complete information during assessments. The quality of your outputs depends on the quality of your inputs;
  • Maintaining the confidentiality of your account credentials and access controls;
  • Using the Service only for lawful purposes and in strict accordance with these Terms; and
  • Ensuring your use of the Service complies with all applicable laws and regulations in your jurisdiction, including privacy, data protection, and export control laws.

5. Delivery and Service Timeline

Assessment reports are typically delivered within a few hours of assessment completion; in most cases within 24 hours. Assessments typically take approximately 2–3 hours to complete. Access to the online platform is provided immediately upon purchase. These timelines are estimates only and are not guaranteed. VeloRisk shall not be liable for delays caused by circumstances beyond our reasonable control.

6. Nature of the Service: Technology-Based Analysis, Not Professional Advice

VeloRisk is designed to deliver professional-grade risk intelligence at enterprise scale. Our platform synthesizes your organization's inputs into structured, board-ready analysis and strategic recommendations; the kind of output that typically requires weeks of consulting engagement.

However, the Service provides information and analytical outputs only. Use of the Service does not establish an attorney-client, advisor-client, financial advisory, or fiduciary relationship between you and VeloRisk. The outputs generated by the Service:

  • Are not legal, financial, regulatory, or professional advice of any kind;
  • Are not a substitute for consultation with qualified legal, financial, compliance, or other professional advisors regarding decisions specific to your organization;
  • Are based on the information you provide and may not account for all facts, circumstances, or developments relevant to your situation; and
  • Should be independently verified before being relied upon for any material business decision.

We recommend treating VeloRisk outputs as a powerful, expert-informed starting point, not the final word. Your advisors should review technology-generated analysis considering your specific legal, regulatory, and operational context.

7. Intellectual Property

7.1 Your Data

You retain all ownership rights to data and information you input into the Service ("Your Data"). By using the Service, you grant VeloRisk a limited, non-exclusive, royalty-free license to access, process, and use Your Data solely to provide and improve the Service for your account. We will not sell or disclose Your Data to third parties except as set forth in our Privacy Policy or as required by law.

7.2 Our Intellectual Property

All reports, methodology, algorithms, software, models, prompts, workflows, content, and other materials generated by or comprising the Service ("Company IP") are and shall remain the exclusive property of VeloRisk, protected by applicable copyright, trade secret, patent, and other intellectual property laws. No rights in Company IP are transferred to you by these Terms or by your use of the Service.

7.3 License to Reports

Subject to your compliance with these Terms and timely payment of all applicable fees, VeloRisk grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use reports delivered to you solely for your internal business purposes, including sharing with your advisors, board members, and consultants acting on your behalf. You may not reproduce, distribute, or create derivative works from any report without our prior written consent.

7.4 Restrictions

You shall not, directly or indirectly:

  • Reverse engineer, decompile, or attempt to extract the source code, methodology, or underlying algorithms of the Service;
  • Use any report or output to train, fine-tune, benchmark, or develop any competing AI or machine learning system;
  • Resell, sublicense, or redistribute reports or outputs to any third party for commercial gain; or
  • Remove or alter any proprietary notices or watermarks on any output.

7.5 Feedback

If you provide any feedback or suggestions regarding the Service, you grant VeloRisk a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation or attribution.

8. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable law or regulation;
  • Transmit data that is unlawful, harmful, defamatory, or that infringes the rights of any third party;
  • Attempt to gain unauthorized access to any part of the Service or its underlying systems;
  • Introduce any virus, malware, or other harmful code;
  • Share account credentials with unauthorized users; or
  • Interfere with or disrupt the integrity or performance of the Service.

9. Disclaimers and Limitations of Liability

9.1 As-Is Service

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not guarantee that the Service will be uninterrupted or error-free.

9.2 Limitation of Liability

To the maximum extent permitted by applicable law, VeloRisk and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunities, even if advised of the possibility of such damages.

9.3 Liability Cap

Our total aggregate liability for all claims arising out of or related to these Terms or the Service shall not exceed the total fees paid by you to VeloRisk in the twelve (12) months immediately preceding the event giving rise to the claim.

9.4 Essential Basis

The limitations in this Section reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between the Parties. VeloRisk would not provide the Service without these limitations.

10. Data Security and Privacy

We implement industry-standard administrative, technical, and physical security measures to protect Your Data. However, no system is completely secure, and we cannot guarantee absolute security. You are responsible for maintaining the security of your account credentials.

Our collection, use, and protection of your information is governed by our Privacy Policy, incorporated herein by reference. By using the Service, you consent to the data practices described in our Privacy Policy.

11. Data Retention and Deletion Rights

We retain Your Data for the duration of your account and for a reasonable period thereafter as necessary to comply with legal obligations, resolve disputes, and enforce our agreements.

Deletion Requests. You may request deletion of Your Data at any time by submitting a written request to hello@velorisk.io. Upon receipt of a verified deletion request, we will delete or anonymize Your Data within thirty (30) days and confirm completion in writing, except as follows:

  • Where retention is required to comply with applicable law or regulation;
  • Where retention is necessary to resolve pending disputes or enforce outstanding agreements;
  • With respect to aggregated, anonymized data that cannot be used to identify you; or
  • With respect to backup copies retained for a commercially reasonable period not to exceed ninety (90) days.

12. Third-Party Services

The Service integrates with the following third-party providers:

  • Auth0: Authentication and identity management
  • Formspree: Form backend for marketing website
  • Google Analytics: Usage and engagement
  • Google Cloud Platform: Infrastructure and hosting
  • Google Maps API: Location-based services
  • OpenAI: Text generation for report narratives and recommendations
  • Postmark: Email delivery
  • Stripe: Payment processing

Your use of these services is subject to their respective terms and privacy policies. VeloRisk is not responsible for the practices, availability, or content of any third-party provider and is not liable for damages arising from your use of any third-party service.

13. Termination

We may suspend or terminate your access to the Service immediately, with or without notice, for: (i) violation of these Terms; (ii) non-payment of fees; (iii) conduct that we reasonably believe may expose VeloRisk or any third party to liability; or (iv) as required by applicable law. Upon termination, your license to use the Service and access online results will immediately terminate, though you retain access to previously downloaded reports. Sections 6, 7, 9, 14, and 15 survive termination.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal proceeding, the Parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") informally. The complaining Party shall provide written notice describing the Dispute in reasonable detail. The Parties shall have thirty (30) days from such notice to resolve the Dispute before proceeding to arbitration.

14.2 Binding Arbitration

If the Parties cannot resolve a Dispute informally within thirty (30) days, the Dispute shall be finally resolved by binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect (available at www.jamsadr.com). The arbitration shall be conducted by a single arbitrator, seated in the State of Delaware, and conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Parties shall share JAMS administrative fees equally; each Party shall bear its own attorneys' fees unless the arbitrator awards otherwise.

14.3 Exceptions

Either Party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property rights, pending final resolution by arbitration.

14.4 CLASS ACTION WAIVER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OR AWARD RELIEF TO ANY PERSON OTHER THAN YOU INDIVIDUALLY.

14.5 Governing Law

These Terms and any Dispute shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles. To the extent any matter is not subject to arbitration, the Parties consent to exclusive jurisdiction of the state and federal courts in Delaware.

14.6 Time Limitation

Any claim arising out of or related to these Terms or the Service must be brought within one (1) year after the claim accrues, or it shall be permanently barred.

15. Payment and Refund Policy

15.1 Payment Terms

Payment is processed through Stripe. By purchasing the Service, you agree to pay all applicable fees, provide valid payment information, and pay all applicable taxes. Prices are subject to change upon thirty (30) days' written notice.

Single Assessment: $4,995 (launch pricing; regular price $7,499). Includes one comprehensive risk assessment, board-ready PDF reports, and twelve (12) months of access to the interactive online platform.

15.2 Money-Back Guarantee

Refunds may be requested within thirty (30) days of purchase, subject to the following schedule:

  • 100% refund: Assessment not started or if we fail to deliver your report for any reason.
  • 75% refund: Survey started but report not yet generated.
  • 50% refund: Report generated and delivered.
  • No refund: Request submitted more than 30 days after purchase date.

Refund requests must be submitted at app.velorisk.io/purchase/refund or via email to hello@velorisk.io. We reserve the right to deny requests that are fraudulent or abusive. Refunds are processed within 5–10 business days to the original payment method.

16. Modifications to Service and Terms

We reserve the right to modify, suspend, or discontinue the Service (or any feature thereof) at any time and will endeavor to provide reasonable advance notice of material changes where practicable. We also reserve the right to modify these Terms at any time. Changes are effective upon posting. Your continued use of the Service after the effective date of any change constitutes your acceptance. If you do not agree to revised Terms, you must stop using the Service.

17. Severability

If any provision of these Terms is found invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any executed order forms or service agreements, constitute the entire agreement between you and VeloRisk regarding the Service and supersede all prior understandings. No waiver by VeloRisk of any breach shall constitute a waiver of any subsequent breach.

19. Contact Information

For questions about these Terms, please contact:

VeloRisk (Fermata, LLC d/b/a VeloRisk)
Email: hello@velorisk.io
Website: www.velorisk.io