Terms of Service

1. Introduction

These Terms of Service govern your access to and use of the website located at https://www.vyrosport.autos and the computer systems design and computer integrated systems design services offered by VyroSport, the systems design practice of VyroVault LLC. Please read these terms carefully before using the website or engaging our services.

By accessing or using the website, or by requesting or receiving services from us, you agree to be bound by these terms. If you do not agree to these terms, you must not use the website or the services.

These terms form a legally binding agreement between you and VyroVault LLC. We may update these terms from time to time, and your continued use of the website or services after any change constitutes acceptance of the updated terms.

2. Acceptance of These Terms

Your use of the website and services is conditioned on your acceptance of and compliance with these Terms of Service. These terms apply to all visitors, users, clients, and others who access or use the website or services.

If you are entering into these terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms. In that case, the terms you, your, and yours refer to that entity.

By continuing to browse the website, submitting a contact form, or engaging us for any project, you confirm that you have read, understood, and agreed to be bound by these terms and by our Privacy Policy.

3. Definitions

In these terms, the following definitions apply. The words we, us, and our refer to VyroVault LLC and its systems design practice VyroSport. The words you and your refer to the individual or entity using the website or services.

The term services refers to the computer systems design, computer integrated systems design, custom software development, network and infrastructure engineering, security and compliance, and managed operations and support services described on our website, together with any related deliverables we agree to provide.

The term website refers to the site located at https://www.vyrosport.autos and any subdomains or successor domains. The term content refers to all text, graphics, code, data, and other material available on or through the website or services.

4. The Services

VyroSport provides design, integration, and support services for computer systems. The specific scope of any engagement, including deliverables, timeline, and fees, is set out in a separate statement of work, proposal, or agreement between you and us.

We will perform the services with reasonable skill and care, consistent with generally accepted industry standards. We will use reasonable efforts to meet any agreed timelines, but you acknowledge that timelines are estimates and may be affected by factors outside our reasonable control.

Unless expressly stated in a written agreement, we do not guarantee specific business outcomes, and we do not warrant that any system will be uninterrupted or entirely error-free. Our responsibility is to design and deliver the work described in the applicable statement of work.

5. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the website and services. By using the website, you represent that you meet this requirement and that you are legally capable of entering into a binding agreement.

If you are using the website or services on behalf of an organization, you represent that you are authorized to act on behalf of that organization and to bind it to these terms. We may require proof of authority in connection with certain transactions.

We may, in our sole discretion, refuse service to any person or entity for any lawful reason, including a breach of these terms or a history of non-payment or misuse.

6. Your Account and Responsibilities

Where we provide you with access to any system, dashboard, or account, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized access or use.

You are responsible for providing accurate and complete information to us, for obtaining any necessary rights to materials you provide, and for the lawful use of the services. You agree to cooperate with us as reasonably necessary to enable us to perform the services.

You are also responsible for maintaining appropriate backups of your own data and for complying with all applicable laws and regulations in connection with your use of the website and services.

7. Acceptable Use

You agree not to use the website or services for any unlawful or unauthorized purpose. You must not attempt to gain unauthorized access to our systems, interfere with the operation of the website, or disrupt the experience of other users.

You must not upload or transmit any content that is illegal, harmful, defamatory, infringing, or otherwise objectionable, and you must not use the services to distribute malware, spam, or any other harmful or deceptive material.

You agree not to reverse engineer, decompile, or disassemble any part of the website or services except to the extent expressly permitted by law. We may suspend or terminate your access if we reasonably believe that you have violated this section.

8. Intellectual Property

The website and its content, including text, graphics, logos, and code, are owned by VyroVault LLC or its licensors and are protected by intellectual property laws. Nothing in these terms grants you any right, title, or interest in the website or its content, except the limited right to use the website as described here.

The VYRO SPORT name and logo and any related marks are the property of VyroVault LLC. You may not use these marks without our prior written consent.

Upon full payment of the applicable fees, and unless otherwise agreed in writing, we assign to you ownership of the custom deliverables specifically created for you under a statement of work, subject to our retained rights in any pre-existing materials, tools, and know-how we use to provide the services.

9. Client Content and Materials

You retain ownership of any content, data, and materials you provide to us in connection with the services. You grant us a limited, non-exclusive license to use those materials solely as necessary to provide the services to you.

You represent and warrant that you have all rights necessary to provide us with your materials and that those materials do not infringe the rights of any third party. You are responsible for the accuracy and legality of the materials you provide.

We may retain copies of your materials as reasonably necessary to provide support, comply with legal obligations, or maintain our records, in accordance with our Privacy Policy.

10. Fees and Payment

Fees for our services are set out in the applicable statement of work, proposal, or invoice. Unless otherwise agreed, invoices are payable within the period specified on the invoice, and late payments may incur interest at the maximum rate permitted by law.

You are responsible for any applicable taxes, duties, or similar charges, except for taxes based on our income. We may suspend or terminate services if payment is not received when due.

Expenses incurred in connection with a project, such as third-party licensing fees or travel, will be billed as agreed in advance. We will obtain your approval before incurring any material expense not covered by the statement of work.

11. Confidentiality

Each party may receive confidential information from the other in the course of a project. Confidential information includes non-public business, technical, and financial information that is marked confidential or that a reasonable person would understand to be confidential.

Each party agrees to protect the confidential information of the other party using at least the same degree of care it uses to protect its own, and not to disclose it to third parties except as necessary to perform the services or as required by law.

Confidentiality obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known to the receiving party, or is independently developed without use of the confidential information of the disclosing party.

12. Warranties and Disclaimers

The website and services are provided on an as is and as available basis. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the website will be uninterrupted, secure, or error-free, or that any defects will be corrected. We do not warrant that the results obtained from the use of the services will meet your expectations.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in these terms excludes or limits any warranty that cannot lawfully be excluded or limited.

13. Limitation of Liability

To the fullest extent permitted by law, VyroVault LLC and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or related to your use of the website or services.

Our total aggregate liability arising out of or related to these terms, whether in contract, tort, or otherwise, will not exceed the greater of one hundred dollars or the amount you paid to us for the specific service giving rise to the claim during the twelve months preceding the event.

These limitations apply even if we have been advised of the possibility of such damages and regardless of whether the remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless VyroVault LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the website or services.

This indemnification covers claims arising from your breach of these terms, your violation of any law or the rights of a third party, and your content or materials. We reserve the right to assume the exclusive defense of any matter subject to indemnification at your expense.

You agree to cooperate with us in the defense of any such claim. This section survives the termination of these terms.

15. Termination

We may suspend or terminate your access to the website or services, in whole or in part, at any time and for any lawful reason, including if you breach these terms. We may also terminate any statement of work in accordance with its own termination provisions.

You may stop using the website at any time. Termination of a service engagement is governed by the terms of the applicable statement of work, including any provisions regarding payment for work completed.

Upon termination, any provisions of these terms that by their nature should survive will continue to apply, including provisions relating to intellectual property, confidentiality, limitation of liability, and indemnification.

16. Third-Party Services

The website or services may integrate with or link to third-party products, services, or websites. We do not control those third parties and are not responsible for their content, functionality, or practices.

Your use of any third-party service is subject to the terms and policies of that third party, and you should review those terms before using them. We are not liable for any loss or damage arising from your use of third-party services.

Where we recommend or configure a third-party service as part of a project, we do so based on information available to us at the time and without warranty regarding the ongoing availability or suitability of that service.

17. Governing Law

These terms are governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions. You agree that any dispute will be resolved in accordance with this section.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms. If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Subject to the Dispute Resolution section below, you agree to submit to the personal jurisdiction of the courts located in Utah for the resolution of any disputes arising out of these terms.

18. Dispute Resolution

Before initiating any formal legal proceeding, the parties agree to attempt to resolve any dispute informally. Please contact us at inbox@vyrosport.autos to describe the issue, and we will work with you in good faith to reach a resolution.

If the dispute cannot be resolved informally within a reasonable period, either party may pursue available legal remedies. Unless otherwise required by law, you agree to bring any claim within one year after the cause of action arises.

Each party waives any right to a jury trial or to participate in a class action to the fullest extent permitted by law. All disputes will be resolved on an individual basis.

19. Changes to These Terms

We may update these Terms of Service from time to time to reflect changes in our services, legal requirements, or business practices. When we make changes, we will update the date at the top of this page and post the revised terms on this website.

If the changes are material, we will provide more prominent notice, such as a notice on our homepage. Your continued use of the website or services after the revised terms take effect constitutes acceptance of the changes.

If you do not agree with the revised terms, you must stop using the website and services. We encourage you to review these terms periodically to stay informed of any updates.

20. Severability and Waiver

If any provision of these terms is found to be invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Our failure to enforce any right or provision of these terms does not constitute a waiver of that right or provision. A waiver of any breach is not a waiver of any subsequent breach.

These terms may not be modified except by a written agreement signed by an authorized representative of VyroVault LLC, or by our posting of updated terms as described above.

21. Entire Agreement

These Terms of Service, together with our Privacy Policy and any applicable statement of work, constitute the entire agreement between you and VyroVault LLC regarding the use of the website and services, and supersede all prior agreements and understandings.

If there is a conflict between these terms and a signed statement of work, the statement of work will control with respect to the specific services it covers. Any terms you attempt to impose through a purchase order or similar document will not apply unless we expressly agree in writing.

No agency, partnership, joint venture, or employment relationship is created by these terms, and neither party has authority to bind the other except as expressly provided.

22. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us using the details below. We will make every reasonable effort to respond promptly.

You may also contact us through the contact form available on our website at https://www.vyrosport.autos/contact.