Velyora — Terms of Service

Who these terms are between, and when they start

Velyora is attendance check-in software for organisations, supplied online as a subscription. These terms govern its use.

These terms are agreed between Aario Shahbany, an individual trader established in Tenerife, Spain, tax identifier Z4371744R, and the organisation on whose behalf the account was opened. The software collects no registry, tax or postal identifier for your organisation: you are identified to us by the account’s email address and the organisation name typed into the account. Every act performed in a session opened with that account’s passphrase is treated as your organisation’s own act. Open the account under an email address that belongs to the organisation itself rather than to any individual, and that the organisation can continue to access if that individual leaves; and if you open it you warrant that you are authorised to bind the organisation.

These terms take effect when you create the account or accept the current version in the interface, whichever happens first, and they govern all your use of the service from that moment, including use on the free plan and including the attendance data you collect there. If you take a paid plan, the subscription terms are added from the moment your first payment succeeds.

These terms, the data processing agreement, the privacy policy, the cookie information and the sub-processor list are published at https://velyora.app/terms, in a form you can store and reproduce before you accept them. A record of the version you accepted, including a link to that exact version and a hash of its text, is retrievable from inside your account. If a condition was never made available to you in that way before you accepted, that condition is not incorporated into the contract and does not bind you, under Articles 5 and 7 of Ley 7/1998 and Article 27 LSSI.

Our contractual documents are published in Spanish and in English. Each version carries a version number and an effective date. Where the Spanish and English versions differ, the Spanish version prevails between us. Every superseded version stays retrievable at https://velyora.app/terms. Keep a record of the version number and effective date you accepted.

Where our documents conflict, this order applies: first the data processing agreement, on any question about personal data we process on your behalf; then these terms of service; then the privacy policy, for the account holder’s own data. Any other published material is descriptive and creates no obligation of its own. If you are relying on something you read in that descriptive material, obtain it in writing in one of the documents listed in the order of precedence above.

We give you notice by email to the account address of record, and the notice takes effect when we send it, not when you read it. Keep that address current, monitored and able to receive our mail. Send notices to us at hello@velyora.app, and where a formal notice is required, also to Calle Santiago 5, 3º Izq., 38002 Santa Cruz de Tenerife. Anything you send anywhere else, and any in-product banner, is not notice and does not count.

Price, tax and confirmation

Prices are shown per plan at https://velyora.app/pricing in euros. Where these terms refer to the free plan, that is the plan on which no payment has been made. Before you place an order we show the total payable and the billing period. Whether the figure you see includes tax is stated on the same screen as the figure. We are established in the Canary Islands, outside the EU VAT territory. Supplies to organisations in the Canary Islands are exempt from IGIC under the special regime for small businesses and professionals (exención franquicia fiscal). Where VAT or another indirect tax is due on a supply to you elsewhere, it is included in the price shown: the price you see is the total you pay. The tax treatment that applies to you depends on your status and location, and is stated before you order.

Subscriptions renew automatically for a further billing period until you cancel. A price change is treated as a material change to these agreements, so it takes effect only if you expressly accept it.

Within a reasonable time after the contract is concluded, and before performance begins, we send a confirmation to your account address on a durable medium. It states the plan, the total price, which tax applies and at what rate, the duration and renewal terms, the withdrawal form, and the version of these terms you accepted. If you never received it, you may demand a fresh copy from hello@velyora.app.

Changes to these agreements

We classify changes to our agreements by significance. A purely corrective fix takes effect at once with no notice to you. An intermediate change is notified to you in advance and is then recorded as accepted on its effective date by everyone whose acceptance of the previous version is still standing, without you doing anything: your continued use is itself your acceptance of it. Only a material change waits for an express affirmative act from you. If you object to a notified change, your route is to cancel the subscription or delete the account before the effective date.

We notify an intermediate or material change at least 30 days before its effective date. If that notice is not sent in time, the change takes effect for you only 30 days after a notice is sent.

Retention, deletion and what you must export

On the free plan, encrypted attendee records are deleted automatically 48 hours after the record is created, and each person’s check-in history is deleted with their record. The deletion is permanent, no warning is sent before it happens, and we cannot recover the records afterwards.

If nobody signs in to your account for 12 months, we delete it in full: profile, settings, events and every attendee record. This applies whether or not you have ever paid. We send warning messages beforehand to the owner and to accepted helpers, but delivery cannot be verified and a warning may never reach you. Signing in is what stops the deletion; reading the warning does not.

If a paid plan ends, we keep your records for at least 30 days. We may keep them longer, up to 90 days, depending on how long you paid. The exact deletion date that applies to you is shown in your account. Rely only on that date.

A deletion request can fail part-way, leaving the account in place while billing has already stopped, so confirm after requesting deletion that the account is actually gone.

Every route by which your data can disappear — free plan retention, dormancy, the end of a grace window, termination by either of us, or our ceasing to trade — ends in permanent deletion that we cannot reverse. We can never hand you a readable copy: only you can produce one, from your own device. Keep your own export on a routine schedule, and take one before any planned period of inactivity. That export is the whole of your protection against everything in this section. What we do with attendee data, and for how long, is set out in the data processing agreement.

Plans, helpers and how the service behaves

Each paid plan carries a number of helper accounts. If you move to a smaller plan, or a cancelled account reaches the end of its window, helpers beyond the new limit lose access without warning to them, and renewing does not restore their access by itself. Check your helper count against the limits of the plan before you downgrade or cancel.

The per-member attendance pattern arranges facts you recorded and is not an evaluation generated by the system. It is available only while a paid plan is active. Any pastoral conclusion you draw from it is yours, not ours.

We do not warrant that the service will be available at any particular moment, and we recommend that you do not schedule reliance on its availability at any particular moment.

What stands behind the service

The service is run by one individual trader established in Spain. There is no separation of duties, no second person to detect an error, and no cover during absence. No independent security testing has been commissioned. No professional indemnity or cyber insurance is held, so if a loss occurs there may be no commercial remedy available to you at all. Factor all of this into the due diligence you carry out on us as your processor, and into your continuity planning.

If we notify you of a personal data breach affecting you, we will not judge on your behalf whether the breach carries risk to anyone: that assessment is yours, as is any onward notification to a supervisory authority or to your members, and your own deadlines run from the moment we tell you, not from the moment we became aware. Our assistance in relation to a breach is set out in the data processing agreement. Keep somebody able to receive such a notification quickly and act on it.

For a planned cessation we will give you at least 90 days’ notice, keep exports working throughout that window, and delete all data at the end of it. An unplanned cessation may produce no notice at all. No escrow of source code or of data is held and no successor is nominated; and because we cannot decrypt member details, no administrator, heir or purchaser could hand anyone a readable copy of names, contact details, birthdays or prayer requests, though the surrounding structure — which organisation, when it gathers, how many attended — would remain readable.

Optional emails and consent

Neither optional consent is a condition of this contract. If you refuse one, or withdraw it later, nothing about the service changes. A refusal will never be answered with a worse plan, a higher price or a withdrawn feature.

This consent covers email from Aario Shahbany to your own account address about the product, at most 6 times a year, on the terms set out in the product email consent document. It covers no use of attendee or member addresses, which we could not read in any case. It does not cover passing your address to anyone else or to any advertising network. It is separate from service and security messages such as inactivity warnings, agreement change notices and billing mail: those are sent under the contract to your account holders, unsubscribing does not stop them, and they cannot be switched off while the account exists.

Ending the agreement

You may stop at any time by cancelling the subscription or deleting the account. No notice period applies and there is no termination fee. Cancelling ends renewal; it does not refund the current period. We may terminate for convenience on 30 days’ notice, and immediately for non-payment after a warning, for unlawful use, or where continuing would put us in breach of a legal obligation.

Termination ends your licence to use the service and ends our processing on your behalf. These provisions survive it: confidentiality, which continues to bind us after you leave; the liability limits, which continue to bind you for any claim raised after you leave; payment obligations already accrued; the governing law and forum provision; and our retention of billing and tax records. Nothing in those surviving provisions entitles us to keep or use attendee data once the retention windows have expired; records of sign-ins to your account are kept separately for 12 months and go when the account does.

If you are a consumer

If you are a consumer under Article 3 TRLGDCU, you have 14 calendar days from the conclusion of the contract to withdraw, without giving a reason and without penalty, under Articles 102 and following TRLGDCU. Exercise it by any unequivocal statement to hello@velyora.app, or by the model form sent with your confirmation. We refund within 14 days of being told, by the same payment method you used. If you asked for immediate performance and acknowledged that request, you pay a proportionate amount for what was supplied before you withdrew. If we never informed you of this right, the withdrawal period extends by twelve months under Article 105 TRLGDCU.

If you are a consumer, we owe you conformity of the digital service under Articles 115 and following TRLGDCU. Conformity is owed throughout the supply period and we are liable for any lack of conformity that appears during it. You may require us to bring the service into conformity and, failing that, obtain a price reduction or terminate. Throughout the supply period the burden of proving conformity is ours. The claim prescribes five years from the moment the lack of conformity appears. These remedies exist alongside anything in these terms, not instead of it, and no warranty period we state displaces them.

If you are a consumer, the following do not bind you, being unfair terms void under Articles 82 to 90 TRLGDCU: any exclusion or limitation of liability for death or personal injury, or for our fraud or gross negligence; any term excluding your statutory conformity remedies; any term imposing a jurisdiction other than that of your domicile; any term allowing us to alter the agreement unilaterally without a valid stated reason and a right for you to cancel; and any term putting a disproportionate share of a risk on you. The rest of our limits, including the liability cap, continue to apply so far as they are not unfair.

If you are a consumer, complain first to hello@velyora.app and expect an answer within 1 month. We are not adhered to any consumer arbitration or alternative dispute resolution scheme. You may also approach the consumer authority of your own Member State, or in Spain the Oficina Municipal de Información al Consumidor or the Dirección General de Consumo of the Canary Islands. Using any of these routes does not affect your right to go to court.

Liability, law and disputes

Our aggregate liability to you is capped at the greater of the fees you paid in the twelve months before the claim and 100 euros. We exclude indirect and consequential loss, lost donations, lost records, and loss arising from a lost passphrase, a lost recovery sheet or a compromised device. Nothing here excludes or limits liability for death or personal injury caused by negligence, for fraud or wilful misconduct, or for anything Spanish law forbids limiting. Where you are a consumer, Article 86 TRLGDCU voids any of these exclusions that is unfair.

These terms are governed by Spanish law. If you are a business, the courts of Santa Cruz de Tenerife, Spain have exclusive jurisdiction over any dispute. If you qualify as a consumer under Article 3 TRLGDCU, the choice of Spanish law stands, but it cannot deprive you of the protection of the mandatory rules of your country of habitual residence under Article 6 of Regulation 593/2008, and you may sue and be sued in the courts of that country under Articles 17 to 19 of Regulation 1215/2012.