Terms of Use

Whether you access and use the Velo Platform as a Guest and/or Tour Guide, this Agreement governs your access to and use of the Velo Platform.

Velo provides the Velo Platform to you on an “as is” and “as available” basis in accordance with the terms of this Agreement.

Subject to your compliance with this Agreement and Velo’s Code of Conduct, Velo hereby grants you a non-transferable, non-sublicensable, non-exclusive, revocable, limited right and license to:

1. create, maintain, update, and manage an Account (defined below), including providing profile information, submitting verification or compliance information;
2. create, maintain, update, and manage Listings in connection with the offering and administration of Tour Services;
3. browse, search, view, and access Listings and related content on the Velo Platform;
4. request, book, confirm, modify, cancel, or manage reservations for Tour Services;
5. make, receive, or facilitate payments through the Velo Platform in connection with Tour Services;
6. communicate with Guests and/or Tour Guides, as applicable, through the messaging or communication tools made available by Velo, from time to time, solely for purposes related to Listings or Tour Services; and
7. otherwise access and use the features, tools, and functionalities made available to you by Velo through the Velo Platform;

in each case in accordance with this Agreement, Velo’s Code of Conduct, and any applicable policies.

This Agreement shall commence upon the earlier of your acceptance of its terms or your first use of the Velo Platform and shall remain in effect until you delete your Account, or immediately upon Velo’s written notice of termination to you.

All payments for Tour Services must be made exclusively through the Velo Platform using the payment methods made available by Velo from time to time. Guests agree not to make, and Tour Guides agree not to request or accept, any payments outside the Velo Platform for Tour Services. Velo uses a third-party payment processor to process payments made through the Velo Platform. By making a booking through the Velo Platform, Guests authorize Velo and its payment processor to charge, collect, hold, and disburse funds in accordance with this Agreement. Payment processing services are subject to the payment processor’s terms and conditions, in addition to this Agreement. Each Guest authorizes Velo, on behalf of the applicable Tour Guide, to charge the total amount displayed at checkout, including applicable fees, taxes, and charges. Guests are responsible for paying any applicable sales, value-added, or similar taxes. Tour Guides are solely responsible for determining, collecting, reporting, and remitting any taxes applicable to the services they provide, unless Velo expressly states otherwise in writing. Guests acknowledge that currency conversion rates and foreign transaction fees may apply, as determined by the payment processor or financial institution, and are not controlled by Velo. Any attempt to bypass the Velo Platform’s payment system, including arranging off-platform payments, constitutes a material breach of this Agreement and may result in suspension or termination of access to the Velo Platform.

Guests acknowledge and agree that all requests for refunds should be made directly through the Velo Platform.

1. Refunds for Cancellations by Guests. Guests may submit a cancellation request at any time through the Velo Platform. The amount of any refund available to a Guest is determined solely by the applicable Tour Guide’s cancellation policy that is set out in the Listing. All refunds are initiated by Velo on the Tour Guide’s behalf through Velo’s third-party payment processor. Except as expressly set out in this Agreement, Velo does not modify, override, or guarantee refunds beyond what is provided for under the applicable Listing.
2. Refunds for Cancellations by Tour Guides. If a Tour Guide cancels (including cancellations due to no-shows by the Tour Guide), Velo will issue a full refund to the Guest, regardless of the Tour Guide’s stated cancellation policy. All refunds are initiated by Velo on the Tour Guide’s behalf through Velo’s third-party payment processor.
3. Chargebacks. All chargeback disputes are handled through the dispute resolution process of Velo’s third-party payment processor. Velo may contest chargebacks where records confirm that the booked service was delivered in accordance with the applicable listing. In connection with chargebacks, Velo may retain and submit relevant records to its payment processor as evidence, including booking confirmations, Tour Guide acceptance records, payment receipts, Guest acknowledgment of cancellation policies, and confirmation of Tour Service completion. Fraudulent, abusive, or bad-faith chargeback activity, including chargebacks for Tour Services legitimately delivered or refunded in accordance with this Agreement, may result in suspension or termination of your Account.

Velo and its licensors, as the case may be, own all right, title, and interest in and to: (i) the Velo Platform; (ii) any and all information, materials, content, features and functionality, such as, but not limited to, algorithms, designs, graphics, text, data, sound, messages, software, HTML, source code, and object code related to the Velo Platform; (iii) any and all Velo names, logos, product and service names, domain names, designs, images, and slogans; and (iv) any and all intellectual property rights in all of the foregoing. All rights not expressly granted herein are reserved. You agree to not take any action to jeopardize, limit or interfere with Velo’s intellectual property rights. Nothing in this Agreement, the Velo Platform, or on Velo’s website should be construed as granting any license or right to use any such intellectual property without the express written permission of Velo.

To access the Velo Platform, you must create an account (an “Account”). Any username, password, or any other piece of information chosen by you, or provided to you as part of Velo’s security procedures, must be treated as confidential, and you must not disclose same to any other person. You understand and agree not to provide any other person with access to the Velo Platform using your username, password, or other security information. You shall use reasonable efforts to prevent unauthorized access to, or use of, the Velo Platform. You will promptly notify Velo of any actual or suspected unauthorized use of the Velo Platform. Velo reserves the right to suspend, deactivate, or replace your Account in its sole discretion for any or no reason, including any violation of any provision of this Agreement. You are solely responsible for, and neither Velo nor any of Velo’s affiliates, partners, licensors, or agents shall accept any responsibility for your access to and use of the Velo Platform, including any access to and use of the Velo Platform by any third party using your Account.

You shall not, and shall not permit any other person to, access or use the Velo Platform except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of the foregoing, you shall not, directly or indirectly (including using machine learning or artificial intelligence) except as this Agreement expressly permits:

1. copy, modify or create derivative works or improvements of the Velo Platform;
2. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Velo Platform to any person, including on or in connection with any time-sharing, service bureau, software as a service, cloud or other technology or service;
3. reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Velo Platform, or any part thereof;
4. bypass or breach any security device or protection used by the Velo Platform or access or use the Velo Platform other than as authorized by Velo;
5. input, upload, transmit or otherwise provide to or through the Velo Platform any information or materials that are unlawful or injurious, or contain, transmit or activate any harmful code, including, without limitation viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs, or that violate third party privacy rights;
6. damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Velo Platform or Velo’s provision of services to any third party, in whole or in part;
7. remove, delete, alter or obscure any trade-marks, documentation, warranties or disclaimers, or any copyright, trade-mark, patent or other intellectual property or proprietary rights notices from the Velo Platform, including any copy thereof;
8. access or use the Velo Platform in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other user of the Velo Platform), or that violates any applicable law; or
9. access or use the Velo Platform for purposes of competitive analysis of the Velo Platform, the development, provision or use of a competing software service or platform or any other purpose that is to Velo or its licensors’ detriment or commercial disadvantage.

To protect the integrity, safety, and reliability of the Velo Platform, Guests and Tour Guides are strictly prohibited from engaging in any of the following conduct, as applicable, whether directly or indirectly, in connection with their use of the Velo Platform or any Tour Service:

1. providing false, misleading, or incomplete information in connection with creating, maintaining, updating, or managing an Account or Listing or submitting a booking request, including providing fake names, inaccurate group sizes, incorrect travel dates;
2. submitting fraudulent, misleading, or bad-faith disputes, complaints, or refund requests;
3. filing chargebacks or payment reversals for Tour Services that were delivered in accordance with the Listing;
4. making, arranging, requesting, or accepting payments (or attempting to do any of the foregoing) outside the Velo Platform for Tour Services;
5. using stolen, unauthorized, or otherwise invalid payment methods;
6. creating or attempting to create multiple Accounts to circumvent suspensions, restrictions, enforcement actions, or eligibility requirements, or to access promotions or benefits not legitimately available;
7. submitting, soliciting, or encouraging false, dishonest, misleading, incentivized, bad-faith or retaliatory reviews or ratings;
8. using automated tools, scripts, bots, scrapers, or similar technologies to access, interact with, or extract data from the Velo Platform;
9. sharing, requesting, or soliciting personal contact information through the Velo Platform’s messaging or communication tools for the purpose of facilitating off-platform transactions or relationships;
10. engaging in harassment, threats, intimidation, or abusive language toward any Guest, Tour Guide, or Velo personnel;
11. sending unsolicited marketing messages, promotions, spam, or commercial communications through the Velo Platform;
12. recording, photographing, or otherwise capturing Tour Guides or Guests during a Tour Service without their explicit consent, where such consent is required by law;
13. using contact information or personal data obtained through the Velo Platform for purposes unrelated to the Tour Services; or
14. using or engaging in (or directing anyone else to use or engage in) discriminatory, hateful, or exclusionary language or behavior toward any Guest or Tour Guide, including threatening, coercing, or intimidating a Tour Guide or Guest in response to a dispute outcome, refund decision, or Velo enforcement action.

Velo may take any action it deems appropriate in response to violations of this Section 10, including suspension or termination of Accounts, removal of User Content (as defined below), denial of refunds, or any other remedies available under this Agreement or at law.

While Velo works hard to ensure you have great experiences using the Velo Platform, Velo does not and cannot control the conduct of Guests or Tour Guides. You acknowledge that Velo has the right, but does not have any obligation, to monitor the use of the Velo Platform, including the messaging or communication tools made available on the Velo Platform, and verify information provided by Guests and Tour Guides. For example, Velo may record, review, monitor, disable access to, remove, or edit User Content to:

1. operate, secure, and improve the Velo Platform (including for fraud prevention, risk assessment, investigation, and customer support purposes);
2. ensure compliance with this Agreement;
3. comply with applicable law or the order or requirement of a court, law enforcement, or other administrative agency or governmental body;
4. address User Content that Velo determines, in its sole discretion, is harmful or objectionable;
5. take actions set out in this Agreement; and
6. maintain and enforce any quality or eligibility criteria, at its sole discretion.

You agree to cooperate with and assist Velo in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use or abuse of the Velo Platform. Velo is not acting as an agent for any Guest or Tour Guide.

Velo reserves the right to modify or discontinue the Velo Platform at any time (including by limiting or discontinuing certain features of the Velo Platform), or to suspend or terminate your access to or use of the Velo Platform for breaches of this Agreement, temporarily or permanently, immediately upon notice to you. Velo further reserves the right to temporarily suspend access to the Velo Platform for maintenance, updates, and security and will provide notice to you of such temporary suspension where commercially reasonable. Velo will have no liability for any such change, suspension or termination.

“Confidential Information” means information or materials in any form or medium (whether oral, written, electronic or other) provided by one party (“Discloser”) to the other party (“Recipient”) which are labelled “confidential” or which would reasonably be understood to be confidential or proprietary. Recipient may use Confidential Information of Discloser: (a) to exercise its rights and perform its obligations under this Agreement; or (b) in connection with the parties’ ongoing business relationship. Recipient will not use any Confidential Information of Discloser for any purpose not expressly permitted by this Agreement and will protect Confidential Information from unauthorized use, access, or disclosure in the same manner as Recipient protects its own confidential or proprietary information of a similar nature but with no less than reasonable care. Confidential Information does not include information that (i) was already known to Recipient at the time of disclosure by Discloser; (ii) was disclosed to Recipient by a third party who had the right to make such disclosure without any confidentiality restrictions; (iii) is, or through no fault of Recipient has become, generally available to the public; or (iv) was independently developed by Recipient without access to, use of, or reference to Discloser’s Confidential Information. In addition, Recipient will be allowed to disclose Confidential Information to the extent that such disclosure is required by law or by the order of a court or similar judicial or administrative body, provided that Recipient notifies Discloser of such required disclosure promptly and in writing and cooperates with Discloser, at Discloser’s request and expense, in any lawful action to contest or limit the scope of such required disclosure.

Through the use of the Velo Platform, certain information about you may be collected, used and disclosed by Velo to permit you to use the Velo Platform and to provide you with any corresponding or related services. This includes, but is not limited to, your first and last name, email address, phone number, nationality (optional), and other personal information you provide Velo. Velo discloses a Guest’s personal information to a Tour Guide only to the extent necessary to facilitate a confirmed booking for a Tour Service, in accordance with and as more particularly described in Velo’s Privacy Policy (the “Privacy Policy”). In carrying out its obligations hereunder, Velo will process personal information in accordance with applicable privacy laws and its Privacy Policy.

You acknowledge and agree that Velo or its licensors may produce and each shall, as the case may be, be the sole and exclusive owner of Aggregated Data and Usage Data they produce. The term “Aggregated Data” means data, information or other materials produced by Velo that are not identified as relating to a particular individual or company. The term “Usage Data” means information, data, or other materials that are collected or generated by the Velo Platform related to how individual users interact with the Velo Platform, including frequency and duration of usage, specific features or functions accessed, user preferences and patterns of behavior and metadata. For clarity, the Aggregated Data and Usage Data do not contain any personal information.

As between you and Velo, you own User Content. “User Content” means any data, information, materials, or content submitted, uploaded, posted, generated, transmitted, or otherwise made available by you, excluding personal information, whether as a Guest or a Tour Guide, or by any party authorized by you, to or through the Velo Platform, including, but not limited to, profile information, photographs, Listing descriptions, pricing and cancellation policies, messages and communications between Guests and Tour Guides, reviews, ratings, and feedback, and any other content or data provided in connection with your use of the Velo Platform (in each case, whether publicly visible or not). You grant to Velo and Velo’s affiliates, partners, and agents a royalty-free, transferable, sub-licensable, irrevocable, perpetual license to use your User Content to deliver the Velo Platform to you, perform its obligations or exercise its rights under this Agreement, and to further develop or otherwise improve the Velo Platform and Velo’s other products and services, including training artificial intelligence models.

In the event of a dispute between a Guest and Tour Guide, Velo will provide limited dispute assistance in accordance with this Section 17. Except as expressly set out below, disputes arising between a Guest and a Tour Guide are to be addressed directly between the Guest and the Tour Guide.

1. Velo may, in its sole discretion, review, mediate, or assist Guests and Tour Guides in resolving disputes in the following circumstances:
   1. where a Tour Guide cancels a Tour Service after the applicable refund or cancellation window displayed on the Listing has expired, Velo may process a full refund to the Guest without further review or mediation;
   2. where a booked and confirmed Tour Service is not delivered at all, Velo may issue a full refund to the Guest;
   3. where a Guest claims that the Tour Service was materially different from what was described in the Listing. Velo may review the Listing and the Guest’s complaint and determine, in its sole discretion, whether a refund, in whole or in part, is appropriate; and
   4. where a dispute arises due to payment processing issues, platform malfunctions, or other technical errors attributable to the Velo Platform.
2. Velo will not review, mediate, or assist Guests and Tour Guides in resolving disputes:
   1. based on subjective dissatisfaction with a Tour Service, including claims that a Guest did not enjoy the experience or that the Tour Service did not meet personal expectations;
   2. arising from arrangements, communications, or agreements made outside the Velo Platform; or
   3. submitted more than seven days after the completion of the Tour Service.

All determinations made by Velo under this Section 17 are final and binding. Velo’s involvement under this Section 17 is limited to facilitating platform-level resolutions and does not include determining fault or liability.

Velo disclaims responsibility for any harm resulting from your use of the Velo Platform. Velo disclaims to the fullest extent permitted, all guarantees and express, implied and statutory warranties, including without limitation the warranties of accuracy, merchantability, fitness for a particular purpose, title, non-infringement of proprietary rights, and any warranties regarding the availability, security, reliability, timeliness and performance of the Velo Platform. Without limiting the generality of the foregoing, Velo does not warrant that the Velo Platform shall operate without interruption, be error free, or meet your requirements, and Velo expressly disclaims any representation or warranty that the Velo Platform is accurate or can or should be relied upon by you for any purpose whatsoever. Velo does not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Guest, Tour Guide, Tour Service, Listing, or third party. The disclaimers in these terms apply to the maximum extent permitted by law. If you have statutory rights or warranties Velo cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.

To the maximum extent permitted by law, in no event will Velo nor any of Velo’s affiliates, partners, licensors, or agents be liable for any lost profits or business opportunities, loss of data, or any other indirect, special, incidental, or consequential damages. Velo, as well as Velo’s affiliates, partners, licensors, and agents’ liability, in the aggregate, under this Agreement will not, in any event, exceed one hundred ($100.00) Canadian dollars. These limitations of liability and damages are fundamental elements of the agreement between you and Velo. If applicable law does not allow the limitations of liability set out in this Agreement, the above limitations may not apply to you.

No action, regardless of form, arising out of this Agreement may be brought by you against Velo and its affiliates, partners, licensors, and agents more than one (1) year after the cause of action became known to you or should reasonably have been known to you based on the surrounding circumstances.

You will indemnify, save and hold harmless Velo and its affiliates, partners, licensors, and agents from any and all claims made by any third party relating to: (i) your conduct, access to, or use of the Velo Platform; (ii) your breach of this Agreement; (iii) your violation of applicable law or rights of any third parties (including intellectual property rights and data privacy rights); (iv) your failure to comply with applicable laws and regulations; (v) the use by Velo or any of its affiliates, partners, licensors, or agents of any User Content or any personal information you provide; and (vi) your gross negligence or willful misconduct. Without limiting your indemnification obligations, Velo reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

This Agreement shall be governed, construed, and enforced in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of the city of Calgary, Alberta.

This Agreement represents the entire agreement between Velo and you with respect to your access to and use of the Velo Platform.

This Agreement may not be transferred or assigned by you, but may be assigned by Velo without restriction.

If any provision of this Agreement is found illegal or unenforceable, it will be enforced to the extent possible, and the other provisions of this Agreement will not be affected.

All provisions of this Agreement that, by their nature, should survive termination will survive termination, including, without limitation, ownership provisions (including intellectual property ownership), warranty disclaimers, indemnity, privacy, and limitations of liability.

Velo may revise this Agreement, at any time, by providing notice of such change to you. Your continued use of the Velo Platform after such revisions will signify your acceptance of any such revisions to this Agreement.

If you have any questions regarding this Agreement or the Velo Platform, please contact Velo: