The rules of the road.
These terms govern your use of VeryQuery. They describe what we provide, what you agree to in return, what happens to your data, and what happens if something goes wrong. Read them. If you have questions, write to legal@veryquery.com.
You and us.
This agreement is between Very Machine, Inc., a Delaware corporation operating as VeryQuery (“VeryQuery,” “we,” “us”), and the person or entity subscribing to the service (“you,” the “Subscriber”). By creating an account, subscribing to a tier, or using the service, you accept these terms.
If you are accepting these terms on behalf of a company or other organization, you represent that you have the authority to bind that organization, and “you” refers to that organization.
You must be at least 18 years old and capable of forming a binding contract under the laws where you live to use the service.
What VeryQuery is.
VeryQuery is an intent-search and merchant-intelligence service. You send us your product catalog and shopper queries; we return results and related information through our API. The capabilities, quotas, and tier structure are described on our pricing page and in our documentation.
We improve the service continually. We may add, remove, or change features, endpoints, or limits. For material changes that affect existing functionality you rely on, we will give reasonable advance notice by email.
Some features may be offered as “beta” or “preview.” Those features are provided as-is, may be changed or removed without notice, and are not covered by the availability commitments in §08.
Your account and credentials.
You are responsible for the security of your API keys, dashboard login credentials, and any token or secret we issue to you. Activity performed using your credentials is attributed to you for billing and compliance purposes.
Notify us promptly at security@veryquery.com if you suspect your credentials have been compromised.
You agree to provide accurate account information and to keep it current.
Subscriptions, overage, refunds.
Our tiers and unit rates are published on the pricing page and incorporated by reference into this agreement. You authorize us to charge your payment method for all fees that come due under the tier you select.
Monthly subscriptions
Monthly base fees are billed in advance at the start of each billing cycle. Monthly base fees are non-refundable. You may cancel any time; cancellation takes effect at the end of the then-current billing cycle.
Annual subscriptions
Annual base fees are billed in advance for a twelve-month term. If you cancel an annual subscription before the term ends, we will refund the prepaid fee for any remaining whole calendar months after the month in which cancellation takes effect. Partial months are not refunded.
Overage
Usage past your tier's committed volume bills automatically at that tier's unit rate, itemized on your invoice. Overage charges are billed monthly in arrears and are non-refundable once accrued.
Taxes and payment failures
Fees are exclusive of applicable taxes, which you are responsible for. If a payment fails or is disputed, we may suspend the service until payment is resolved. Repeated non-payment is grounds for termination for cause (§12).
What you can and can't send us.
You may only submit content to the service that you own or are authorized to use. You must have all necessary rights, permissions, and consents from your customers and any third parties before sending us their data.
Prohibited content
You may not use the service to ingest, index, or query content that:
- violates applicable law or regulation;
- infringes intellectual-property, privacy, or publicity rights;
- contains sexually explicit or pornographic material (tasteful commercial product imagery, such as swimwear or intimate apparel on models, is permitted);
- depicts graphic violence or promotes violence against people or groups;
- constitutes hate speech or targets individuals or protected groups with harassment or threats;
- promotes, depicts, or provides instructions for self-harm, suicide, or eating disorders;
- is knowingly false, deceptive, or designed to defraud.
Prohibited behavior
You may not, and may not allow any third party to:
- reverse-engineer, decompile, or attempt to extract the source code or underlying systems that power the service;
- resell the service or expose it directly to shoppers without adding your own product UI (the service is designed for server-to-server use from the merchant's backend);
- scrape, mirror, or re-host responses in a way that functions as a clone of the service;
- use the service to build a competing product;
- circumvent rate limits, quotas, or security controls;
- send us data about individual shoppers that constitutes raw personally identifiable information (see our Privacy Policy for the pseudonymous-identifier commitment).
We may suspend or restrict accounts that violate these rules, and we may take action without advance notice where content or behavior poses an immediate risk to the platform, to shoppers, to third parties, or to us.
What's yours, and what we promise.
You retain ownership of your catalog, your queries, and all content you submit to the service (collectively, “Your Data”). You grant us a worldwide, royalty-free license to host, copy, process, transmit, and display Your Data solely as needed to provide and improve the service for you.
We do not sell Your Data. We will not sell, rent, or license Your Data to third parties.
We may process Your Data to derive aggregated or de-identified insights about platform-wide usage and demand patterns. Aggregated or de-identified outputs do not identify you, your shoppers, or your catalog, and may be used to improve the service broadly.
Retention and deletion
While your account is active, we retain Your Data for as long as needed to provide the service. When your account terminates (for any reason), we retain Your Data for 30 days, after which we permanently delete it from our active systems. Residual copies in routine backups are purged on the normal backup lifecycle.
Export
On reasonable written request to privacy@veryquery.com before the end of the 30-day retention window, we will provide you with a copy of your ingested items and raw search-query text on a reasonable-effort basis. Bulk export of aggregate outputs is not provided.
What belongs to us.
VeryQuery, the VeryQuery name and marks, the software and infrastructure that power the service, and all improvements to them are owned by Very Machine, Inc. These terms grant you no rights in those materials beyond the right to use the service as described here.
If you give us feedback or suggestions about the service, we may use and act on that feedback freely without obligation to you.
Uptime commitments.
We target the following monthly uptime levels, measured across the billing month and excluding scheduled maintenance announced at least 48 hours in advance:
- Starter tier
- 99.9% monthly uptime
- Pro tier
- 99.9% monthly uptime
- Scale tier
- 99.95% monthly uptime
Service credits
If we fail to meet the committed uptime for your tier in a given month, you may request a service credit against that month's base fee by writing to support@veryquery.com within 30 days of the month's close. Credits are calculated as:
- Monthly uptime below the committed level but at or above 99.0%: 10% credit.
- Monthly uptime below 99.0% but at or above 95.0%: 25% credit.
- Monthly uptime below 95.0%: 50% credit.
Service credits are your sole and exclusive remedy for availability failures. Credits apply only against future invoices and are not redeemable for cash.
Each other's secrets.
Each party may receive non-public information from the other in the course of using or providing the service. Each party agrees to use the same degree of care it uses to protect its own confidential information (and in no case less than reasonable care) to protect the other's confidential information, and to use it only as needed to perform under this agreement.
Information that is public, already known, independently developed, or rightfully received from a third party is not confidential for purposes of this section.
As-is.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, VERY MACHINE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the service will be uninterrupted, error-free, or free from harmful components, or that any results, rankings, or intelligence outputs will be accurate, complete, or suitable for your purposes. You are responsible for how you use the service's outputs, including any business decisions based on them.
What we are responsible for, and what we're not.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND EITHER PARTY'S LIABILITY FOR FRAUD OR WILLFUL MISCONDUCT, EACH PARTY'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) ONE THOUSAND U.S. DOLLARS ($1,000) OR (B) THE FEES YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The limits in this section apply in the aggregate across all claims and are a fundamental basis of the bargain between us. They apply even if a limited remedy fails of its essential purpose.
Ending the agreement.
You may cancel your subscription at any time from your dashboard or by writing to support@veryquery.com. Cancellation takes effect at the end of the then-current billing cycle for monthly subscriptions; see §04 for annual refund handling.
Either party may terminate this agreement for cause if the other party materially breaches and fails to cure the breach within 30 days after written notice. We may also terminate immediately for non-payment, for activity that violates §05 (Acceptable Use), or if continued service would expose us to legal or regulatory risk.
On termination: your right to use the service ends, your API keys and credentials are revoked, and Your Data is retained and deleted according to §06. Sections 06, 07, 09, 10, 11, 13, 14, and 15 survive termination.
How we update these terms.
We may update these terms. If the changes are material, we will notify registered account holders by email at least 30 days before they take effect. Continued use of the service after the effective date of a change constitutes acceptance of the revised terms.
If you do not agree to a material change, your remedy is to cancel your subscription before the effective date. For monthly subscriptions, no further charges will apply after the then-current cycle. For annual subscriptions, §04 governs any refund.
Arbitration, governing law.
Informal resolution first
Before filing a claim, you agree to contact us at legal@veryquery.com with a written description of the dispute and a proposed resolution, and to give us 30 days to respond and attempt good-faith resolution.
Binding arbitration
If the dispute is not resolved informally, any claim arising out of or relating to this agreement or the service will be resolved by binding arbitration administered by JAMS (or, at the claimant's election, the American Arbitration Association) under its then-current rules. The seat of arbitration will be Wilmington, Delaware, and the proceeding will be conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.
Class-action waiver
You and we each agree that any dispute will be brought in an individual capacity only. Neither party may bring a claim as a plaintiff or class member in a purported class, collective, or representative proceeding.
Small-claims carve-out
Either party may bring qualifying individual claims in small-claims court instead of arbitration, so long as the action is filed only in small-claims court and remains on an individual basis.
Governing law
This agreement is governed by the laws of the State of Delaware, excluding its conflict-of-laws rules. For matters not subject to arbitration (including the small-claims carve-out and injunctive relief for misuse of intellectual property or confidential information), the parties submit to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware.
The rest.
Entire agreement
These terms, together with the Privacy Policy and the pricing published on the pricing page at the time of your subscription, constitute the entire agreement between you and us regarding the service and supersede all prior agreements on the subject.
Notices
We will send legal notices to the email address on file for your account. You may send notices to legal@veryquery.com.
Assignment
You may not assign this agreement without our written consent. We may assign this agreement to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets.
Severability and waiver
If any part of these terms is held unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver of the right to enforce it later.
Force majeure
Neither party is liable for failure to perform caused by events beyond its reasonable control (for example: acts of government, natural disasters, widespread infrastructure failures, or labor actions), other than payment obligations.
Independent contractors
The parties are independent contractors. Nothing in this agreement creates a partnership, joint venture, agency, or employment relationship.