Terms of Service

Last Updated: 6 February 2017 - Version 1.0

Welcome to the Veloopti (“Veloopti”, “we”, “our” or “us”) performance monitoring service. These Terms of Service (the “Terms of Service” and/or “Terms”) contain the legal terms and conditions that govern your use of and access to veloopti.com.au and any related sites (the “Site”) and our Agents, Software, Documentation and Content (all as defined below and collectively, the “Services”) (the Site and the Services are referred to collectively as the “Veloopti Properties”). Please review these Terms of Service carefully before using the Services.

If you have entered into a separate paid Enterprise agreement with us for specific services, then the terms of that agreement controls if it conflicts with these Terms.

If you have not entered into a separate paid agreement with us for specific services, then by using the Veloopti Properties, clicking on the “I Agree” button, completing the registration process, and/or browsing the site or downloading any of our agents, you represent that (a) you have read, understand, and agree to be bound by the Terms of Service, (b) you are of legal age to form a binding contract with Veloopti, and (c) you have the authority to enter into the Terms of Service personally or on behalf of the company or other organization you have named as the user, and to bind that entity to these Terms of Service. In the event you are agreeing to these Terms of Service on behalf of a company or organization, “you” and “your” will refer to the entity you are representing.


General conditions

  1. Your use of the Service is at your sole risk. Veloopti makes no representations that the Services will accurately diagnose or correct every performance problem in your application.
  2. Veloopti May Discontinue the Services. Veloopti may choose to modify or discontinue the Services, including any portions of the Services as we update our offerings and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you.
  3. Veloopti may modify these Terms Veloopti may update these Terms from time to time. The most current version of these Terms will be posted on Site. When changes are made, Veloopti will make a new copy of the Terms available at the Site and any new supplemental Terms will be made available from within, or through, the affected Service on the Site or within the Agent. We will also update the “Last Updated” date at the top of the Terms of Service. Any changes to the Terms will be effective immediately for new users of the Veloopti Properties and, for all other users. Any changes to the Terms will be effective thirty (30) days after posting notice of such changes on the Site, or within or through the affected Service on the Site, as applicable. If we determine in our sole discretion that an update is material, we will notify you through the Service and/or by email to the email address associated with the Administrator (defined below) for your account. We may also inform you of updates to the Terms in our blogs. We may require you to provide consent to the updated Terms in a specified manner before further use of the Veloopti Properties is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Veloopti Properties. Otherwise, your continued use of the Veloopti Properties constitutes your acceptance of such change(s). Please check the Site regularly to view our then-current Terms.
  4. The Veloopti privacy policy The Veloopti privacy policy located at veloopti.com.au/legal/privacy-and-cookies governs all of the personal information that you provide to us.
  5. Your account In registering for the Services, you agree that: (a) You must provide a valid email address, mobile phone number and any other information requested during the account signup process in order to obtain an account. as prompted by our registration form (“Registration Data”); (b) You must be a human. Accounts registered by ”bots” or other automated methods are not permitted; and (c) You are responsible for maintaining the security of your account and password, and are responsible for all activities conducted using your account and password. You agree not to share your login and password with any third party, including not sharing your login amongst two or more users. You are responsible for any activity originating from your account, regardless of whether such activity is authorized by you. Veloopti cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You represent that you are not a person barred from using the Veloopti Properties under the laws of Australia, your place of residence or any other applicable jurisdiction. You agree not to create an account using a false identity or information. You agree not to create an account or use the Veloopti Properties if you have been previously removed by Veloopti, or if you have been previously banned from any of the Veloopti Properties. You should notify Veloopti immediately of any unauthorized use of your account.
  6. Use of the Veloopti Properties Subject to compliance with these Terms of Service, Veloopti grants to you a limited, non-exclusive, non-transferrable, non-sublicensable right to: (a) access and use the Veloopti Properties for your internal business purposes; (b) use the Documentation in support of such access and use of the Veloopti Properties; and (c) reproduce portions of the Agent License (defined below) for the sole purpose of using the Veloopti Properties for your internal business purposes. Unless otherwise specified by Veloopti in a separate license, your right to use any Veloopti Properties is subject to the Terms.
  7. Agent license Use of any of our software agents and associated documentation that is made available via the Site or the Services (each an “Agent”) is governed by the terms of the license agreement that accompanies or is included with the Agent, or by the license agreement expressly stated on the Site page(s) accompanying the Agent. These license terms may be posted with the Agent downloads or at the Site page where the Agent can be accessed. You will not use, download or install any Agent that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. At no time will Veloopti provide you with any tangible copy of an Agent. Veloopti shall deliver access to the Agents via electronic transfer or download and shall not use or deliver any tangible media in connection with the (a) delivery, installation, updating or problem resolution of any Agents (including any new releases); or (b) delivery, correction or updating of documentation. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Agents is prohibited, including any copying or redistribution of the Agents to any other server or location, or redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Agent (except as provided in the following sentence). If the Agent is a pre-release or beta version, then, except for anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Agent for any commercial purposes. If no license agreement accompanies use of the Agent, use of the Agent will be governed by the Terms. Subject to your compliance with the Terms, Veloopti grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Agents for the sole purpose of enabling you to use the Services in the manner permitted by the Terms.
  8. Updates You understand that the Veloopti Services are evolving. As a result, Veloopti may require you to accept updates to the Veloopti Properties that you have installed on your computer. You acknowledge and agree that Veloopti may update the Veloopti Services with or without notifying you. You may need to update third-party software from time to time in order to use the Veloopti Services.
  9. Certain restrictions The rights granted to you in the Terms are subject to the following restrictions: You may not (a) copy, modify, host, sublicense or resell the Services; (b) frame or utilize framing techniques to enclose any trademark, logo, or other Veloopti Properties (including images, text, page layout or form) of Veloopti; (c) use metatags or other “hidden text” using Veloopti’s name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Veloopti Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) use any manual or automated software devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; (f) access the Veloopti Properties in order to build a similar or competitive website, application or services; (g) remove or destroy any copyright notices or other proprietary markings contained on or in the Veloopti Properties; (h) access or attempt the access the Services by any means other than what Veloopti provides or expressly allows; (i) modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services, Veloopti, or any other Veloopti service; (j) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, without the express written permission by Veloopti; (k) transmit any worms or viruses or any code of a destructive nature; or circumvent any use restrictions put into place to prevent certain uses of the Services; (l) violate any intellectual property right of any third party or behave in a manner that is unlawful, or otherwise in violation of our Community Guidelines; (xiii) misrepresent your affiliation with a person or entity; (m) attempt to disable, impair, or destroy the Services or disrupt or inhibit any other user from using the Services; (n) market or advertise through the Services; (o) use any data mining or similar data gathering and extraction methods in connection with the Services; or (p) use the Veloopti Properties to violate any applicable law.
  10. Availability of the Services Information describing the Services is accessible worldwide but this does not mean the Services or certain portions of the Services are available in your country. We may restrict access to portions of the Services in certain countries. It is your responsibility to make sure your use of the Services is legal in the country where you reside. The Services may not be available in all languages. If at Veloopti’s reasonable determination, you are using the Veloopti Properties in a manner that violates laws, creates an excessive burden or potential adverse impact on Veloopti’s systems, in addition to any of its other rights or remedies, Veloopti may, without liability to Veloopti, immediately suspend your access to the Veloopti Properties.
  11. Configuration Data To provide the Service, Veloopti (through the Veloopti Properties) will provide Configuration Data that is able to create and configure the monitoring of the Service of you computers using the Veloopti Properties. We grant to you the right to use the Configuration Data for as long as you continue to use the Service for the purpose of obtaining benifit from the service. This Configuration Data is able to be added to and changed by you for the sole purpose of obtaining benefit of the service. After adding to or changing the Configuration Data you also grant us the perpetual right to use, reproduce, adapt, modify and otherwise exploit the Configuration Data to enhance and improve Veloopti Products and for its business purposes.
  12. Usage Data To provide the Service, Veloopti (through the Veloopti Properties) will collect Usage Data about your computers and networks (“Usage Data”) and you hereby authorise such collection. You grant us the right to use the Usage Data to provide the Service. You also grant us the perpetual right to use, reproduce, adapt, modify and otherwise exploit the Usage Data in an anonymized and/or aggregate format to enhance and improve Veloopti Products and for its business purposes. You represent and warrant that you have the necessary rights and licenses required to provide your Usage Data to Veloopti in connection with your use of the Services and that by providing your Usage Data in this manner, you will not violate any intellectual property rights of third parties, confidential relationships, contractual obligations or laws. Without limiting the generality of the foregoing, you shall provide all notices to, and obtain any consents from, any Usage Data subject as required by any applicable law, rule or regulation in connection with the processing of any personally identifiable information of such Usage Data subjects via the Services by Veloopti and/or you. You shall be solely responsible for ensuring that any processing of Usage Data by Veloopti and/or you via the Services does not violate any applicable laws. You shall not process or submit to the Services any Usage Data that includes any: (a) government issued identification numbers, including Tax File numbers, driver’s license numbers and other state-issued identification numbers; (b) financial account information, including bank account numbers; (c) payment card data, including credit card or debit card numbers; or (d) “sensitive” personal data, as defined under Directive 95/46/EC of the European Parliament (“EU Directive”) and any national laws adopted pursuant to the EU Directive, about residents of Switzerland and any member country of the European Union, including racial or ethnic origin, political opinions, religious beliefs, trade union membership, physical or mental health or condition, sexual life, or the commission or alleged commission any crime or offense.
  13. Obligations Veloopti may monitor your use of the Veloopti Properties and record test data from such usage, tests and operations. This may include information and data on your use of the features and functions of the Site or Services (such as, but not limited to, the frequency and manner of use.)
  14. Veloopti stores your Usage Data in Australia Veloopti provides the Service from Australia. By using and accessing the Service, you understand and agree to the storage and processing of your Usage Data and any other information you choose to provide in Australia. Veloopti reserves the right to store and process your Usage Data and any other information you choose to provide outside of Australia and will endeavour to give you 30 days’ notice in the event of such a change.
  15. Veloopti proprietary rights Except with respect to your Usage Data you agree that Veloopti and our suppliers own all rights, title and interest in the Veloopti Properties and Content. Veloopti’s Software and other technology that may be used to provide the Services are protected by copyright, trademark, and other laws of both Australia and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Veloopti Properties. These terms do not grant you any right, title, or interest in any of the Veloopti Properties or any Content other than your Usage Data. These terms do not grant you any rights to use the Veloopti trademarks, logos, domain names, or other brand features.
  16. Third party vendors You understand that Veloopti uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service. Veloopti is not responsible for any failures attributable to third parties.
  17. Your feedback We appreciate your ideas, comments, suggestions, documents and/or proposals (“Feedback”). You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant Veloopti a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback.
  18. Electronic communications The communications between you and Veloopti use electronic means, whether you visit the Veloopti Properties or send us emails, or whether we post notices on the Veloopti Properties or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. Your consent in this section does not affect your statutory rights. Where Veloopti requires that you provide an email address, you are responsible for providing us with your most current email address. In the event that the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, our dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to us at the following address: Veloopti, Pty Ltd G.P.O Box 768 Sydney, NSW, 2001. Such notice shall be deemed given when received by Veloopti by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
  19. Third party technology We may provide you with software governed by an open source license. If there are provisions in those open source licenses that expressly conflict with these Terms, the relevant open source license terms will apply. Please review our license page for the licenses governing our Agents and Third Party Technology at veloopti.com.au/legal/software-terms-of-use.
  20. Indemnification You agree to indemnify and hold Veloopti, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your Usage Data, or the use thereof, including but not limited to allegations that any processing of your Usage Data by Veloopti and/or you under this Agreement violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third party, your User Content, your use of the Veloopti Properties, your violation of these terms, or your violation of any law.
  21. Viruses and malicious code You must not transmit any worms or viruses or any code of a destructive nature.

Payment and Pricing Terms

  1. Payment and pricing terms Payment and pricing terms for the Service are set forth on Veloopti’s pricing information page available at veloopti.com.au/price, which is incorporated by reference into these Terms of Service.
  2. Modifications to the service and prices Veloopti reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from Veloopti. Such notice may be provided at any time by posting the changes to the Veloopti Site www.veloopti.com.au or the Service itself. If you do not agree to such pricing change, you may cancel your account during such 30-day period. By continuing to use the Service after the effective date of such pricing change, you hereby agree to such pricing change. Veloopti shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  3. Support Technical support is provided to all users of Veloopti. Veloopti provides this technical support through their support portal which can be found at https://veloopti.atlassian.net/servicedesk/customer/portal/2.
    Veloopti also provides additional support through access to the Veloopti installation guides and other documentation related to the Service at help.veloopti.com.au.
    If direct assistance is required Veloopti will request an invitation to your organisation where they will temporarily join your organisation to deliver the support.
  4. Account administrators The Owner of an organisation may specify end users as administrators through the console of the Services. Administrators may have the ability to access, disclose, restrict or remove Configuration Data and Usage Data in or from the organisation. Administrators may also have the ability to monitor, restrict, or terminate access to Services accounts for their end users. Veloopti responsibilities do not extend to your internal management or administration of the Services. As an owner you are responsible for: (a) selecting appropriate administrators within the organisation; (b) maintaining the list of administrators; and (c) ensuring that administrators' use of the Services complies with this Agreement.
  5. Unauthorized Use You will prevent unauthorized use of the Services by your administrators and your end users and terminate any unauthorized use of or access to the Services. You will promptly notify Veloopti of any unauthorized use of or access to the Services.
  6. Cancellation You will continue to be billed for the Service until you properly cancel your account. You are solely responsible for properly cancelling your account. You can cancel your account by using the Veloopti console. If you cancel the Service before the end of your current unpaid paid up month, your cancellation will take effect immediately.
  7. Termination We reserve the right to suspend or cease providing the Veloopti Properties or any portion of the Veloopti Properties at any time, with or without cause and with or without notice. We may suspend or terminate your use of the Veloopti Properties if you are not complying with these Terms, or if you use the Services in any way that could cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance. If you want to terminate the Services at any time, you may do so by (a) notifying Veloopti and (b) closing your account for the Services that you use. Your written notice should be sent to Veloopti’s address set forth in the Notice section below or to billing@veloopti.com.
  8. Effect of User Termination Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information.
  9. Effect of Organisation Termination The Owner of an Organisation has the right to terminate an Organisation. Termination an Organisation will result in the deletion of all data associated with or inside your account, including your Configuration Data and Usage Data. Upon termination of any Service, your right and all other users associated with the Organisation to use such Service will automatically terminate immediately. You understand that any termination of Services will involve the removal of access to the data associated therewith from our live databases. Veloopti will hold your Configuration Data and Usage data for a period of thirty days in which time you may contact Veloopti to reverse all effects of the terminated data. Veloopti will not have any liability whatsoever to you for any suspension or termination, including for deletion of your User Data. All provisions of these Terms, which by their nature should survive, shall survive termination of Services, including without limitation ownership provisions, warranty disclaimers and limitations of liability.

Software Licenses, Copyright and Content Ownership

  1. Software license and copyright You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Veloopti, or any other Veloopti service.
  2. Ownership The Service (including all of its software and technology components), together with all intellectual property rights therein, are the exclusive property of Veloopti and its suppliers. The look and feel of the Service is copyright ©2017 Veloopti, Pty Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Service without express written permission from Veloopti. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners.


  1. Governing Law This Agreement shall be governed by the laws of the State of New South Wales without giving effect to any conflicts of laws principles that may require the application of the law of a different jurisdiction. For any dispute or proceeding arising from or relating to this Agreement, you agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Sydney, and in the federal courts located in Sydney. The failure of Veloopti to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Veloopti and govern your use of the Service, superseding any prior agreements between you and Veloopti (including, but not limited to, any prior versions of the Terms of Service).
  2. Exclusive agreement These Terms constitute the entire and exclusive agreement between Veloopti and you with respect to the Services and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms constitute the entire and exclusive agreement between Veloopti and you with respect to the Veloopti Properties and supersede and replace any other agreements, terms and conditions applicable to the Services. Purchase orders placed by you shall be for the sole purpose of specifying the Commercial Services that you wish to purchase. Any other terms stated in any purchase order delivered to Veloopti by you, other than pursuant to an Order Form supplied by Veloopti, shall have no effect. These Terms create no third party beneficiary rights. Veloopti’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Veloopti may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. You and Veloopti are not legal partners or agents; but rather we have an independent contractor relationship. Veloopti will not be responsible for any failure to perform or delay in performing any of its obligations under these Terms where and to the extent that such failure or delay results directly or indirectly from an event beyond Veloopti’s reasonable control.
  3. No professional advice All information, materials, content and/or advice in the Service is for informational purposes only and is not intended to replace or substitute for any professional advice. Veloopti expressly disclaims, and you expressly release Veloopti from, any and all liability concerning any diagnosis, treatment, or action arising or learned from the information offered or provided within or through the Service.
  4. You may NOT resell, charge for, sub-license, rent, lease, loan or distribute the Free Billing subscription without our prior written consent. We reserve the right to withdraw any such consent (or part thereof) for any reason and without notice and to demand that you immediately cease any activity in respect of which permission is withdrawn.
  5. The Service is Available “AS-IS” AND WITHOUT WARRANTY.VELOOPTI PROVIDES THE VELOOPTI PROPERTIES “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOUR USE OF THE VELOOPTI PROPERTIES IS AT YOUR OWN RISK. VELOOPTI PROVIDES THE VELOOPTI PROPERTIES WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Veloopti makes no warranty or condition that the Veloopti Properties will meet your requirements or be uninterrupted, timely, secure or error-free. Veloopti makes no warranty or condition that results obtained from your use of the Veloopti Properties will be accurate or reliable or that any errors in the Veloopti Properties will be corrected. Veloopti will have no responsibility for any harm to your computer system, loss or corruption of Configuration Data or Usage Data, or other harm that results from your access to or use of the Veloopti Properties. No advice or information, whether oral or written, obtained by you in connection with your use of the Veloopti Properties shall create any warranty not expressly stated in these Terms. FROM TIME TO TIME, VELOOPTI MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT ANY TIME AT OUR SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES AND TOOLS.