Terms of Service

01About these Terms

These Terms of Service (“Terms”) are an agreement between you and Svear Marketing LLC (“Svear Marketing LLC,” “we,” “us,” or “our”). Svear and Velo 31 are operated by Svear Marketing LLC, a Virginia limited liability company. By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

The Services are offered primarily to businesses, agencies, service businesses, marketing clients, and other commercial users, and these Terms are a business-to-business agreement.

If you use the Services on behalf of a company, agency, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, “you” and “your” refer to that entity as well as to you.

Some Services are also described in a proposal, invoice, order form, checkout page, or separate written agreement. Those documents form part of your agreement with us. If a separate written agreement signed by Svear Marketing LLC conflicts with these Terms, that agreement controls for the Services it covers. Our Privacy Policy explains how we handle personal information.

02The Services

These Terms cover the following, together called the “Services”:

• the svear.io website, Svear, and Velo 31;
• the Creative Pack;
• software, including CRM and lead-handling tools, messaging workflows, and automation;
• marketing, advertising, and creative services;
• agency and managed services; and
• related products and services provided by Svear Marketing LLC.

Product descriptions, concept visuals, and sample data on our websites are illustrative and may change as the Services develop. Features described as early access or expanding over time may not be available to every customer.

Submitting an early-access request, an application, or an intake form does not create an account, a purchase, or a guarantee of access or services. Any access or services we offer are confirmed separately.

03Eligibility and authority

You must be at least 18 years old to use the Services. By using them, you represent that you:

• are at least 18 years old;
• can legally enter into these Terms; and
• have authority to act for the business or organization you represent.

04Fees, billing, and monthly retainers

Certain Services are billed as a recurring monthly retainer. Recurring fees are generally billed monthly. Other Services, such as the Creative Pack, may be sold for a one-time fee. Specific pricing may be stated in a proposal, invoice, order form, checkout page, or separate written agreement.

You agree to pay the fees for the Services you order when they are due. Payments may be processed by third-party payment processors, such as Square and Stripe, under their own terms.

If a payment is not made when due, Svear Marketing LLC may suspend or terminate the affected Services.

05Cancelling recurring Services

You may cancel recurring Services at any time by providing notice to Svear Marketing LLC. Following receipt of a cancellation notice, one final additional monthly retainer payment will become due before the recurring Service is fully terminated. Services may continue through the final paid service period unless otherwise agreed in writing.

You may send a cancellation notice to svear.io@svear.io. Cancelling does not affect amounts that were already due.

06Refunds

Payments are generally non-refundable once charged or once work has begun. Svear Marketing LLC may, at its discretion, provide a refund, credit, or other exception when it considers that appropriate. Nothing in these Terms limits any right or remedy that applicable law provides and that cannot be waived.

07No guaranteed results

Svear Marketing LLC does not guarantee any particular outcome from the Services, including:

• leads, customers, sales, or revenue;
• conversions or return on advertising spend;
• campaign performance or ad performance;
• rankings;
• business growth; or
• any other financial or business outcome.

Marketing, advertising, software, AI, creative services, and automation are affected by many factors outside our control, such as your market, offer, pricing, budget, and competition, how quickly and how well leads are followed up, the policies and systems of advertising and messaging platforms, and the decisions of your leads and customers. Examples, estimates, projections, and sample data are illustrations, not promises.

08Your responsibilities

When you use the Services, you are responsible for:

• providing accurate and complete information;
• using the Services lawfully;
• obtaining the rights and permissions needed for any content, data, trademarks, images, and other materials you provide;
• ensuring you have authority to provide any customer, lead, or contact data you give us;
• providing any legally required notices and obtaining any legally required consents;
• complying with applicable advertising, email, SMS, and privacy laws;
• complying with the requirements of the platforms and providers you use with the Services, such as advertising platform policies and carrier and messaging-provider rules; and
• keeping your login credentials secure and for activity that takes place under your account.

09Client data and compliance

You are responsible for ensuring that any lead, customer, contact, advertising, messaging, or other personal information you provide to the Services has been lawfully collected and may lawfully be provided to and processed by Svear Marketing LLC for the requested Services. You are responsible for providing legally required notices and obtaining legally required permissions or consents, including where applicable for marketing, advertising, email, and text messaging.

As between you and Svear Marketing LLC, you keep the rights you have in the information, data, and materials you provide to the Services (“Your Content”). You grant Svear Marketing LLC permission to host, store, copy, process, transmit, adapt, and use Your Content as needed to provide, secure, support, and improve the Services, and for the other purposes described in our Privacy Policy, including advertising uses you have authorized.

10Messaging and SMS Terms

Messaging through the Services

You may use certain Services to communicate with leads or customers by text message, email, or other channels. You are responsible for ensuring that you have any consent required by applicable law before initiating marketing or promotional communications. Svear Marketing LLC may apply opt-out, suppression, rate-limit, or other safeguards and may suspend messaging activity that appears unlawful, abusive, or inconsistent with applicable platform requirements.

Using the Services does not by itself make your communications compliant with the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other law. Compliance with the laws that apply to your communications remains your responsibility.

Svear SMS program

Svear Marketing LLC sends text messages from Svear to people who expressly opt in to receive them. If you opt in, you may receive recurring text messages from Svear related to service inquiries, lead follow-up, scheduling, reminders, and customer-service communications.

You opt in to SMS only by providing your mobile number through an opt-in that clearly identifies Svear and describes the messages you will receive. Using this website or accepting these Terms does not by itself opt you in to text messages. Your consent applies to messages from Svear and is not sold or transferred to other businesses.

Message frequency varies. Message and data rates may apply. Reply STOP to any message to opt out and stop receiving text messages from Svear. Reply HELP for help, or email svear.io@svear.io. Carriers are not liable for delayed or undelivered messages.

How we handle mobile phone numbers and SMS consent information is described in the SMS / Mobile Messaging Privacy section of our Privacy Policy. We do not share, sell, rent, or provide mobile phone numbers or SMS opt-in consent data to third parties or affiliates for their own marketing or promotional purposes.

11Prohibited use

You may not use the Services, or allow anyone else to use them, to:

• send spam or other unsolicited, abusive, or harassing communications;
• commit fraud or engage in deceptive or misleading conduct;
• create, upload, or distribute illegal content, or carry out any unlawful activity;
• access the Services, accounts, systems, or data without authorization;
• circumvent, disable, or test security, authentication, or access controls;
• interfere with or disrupt the Services or the systems that run them, including by overloading them or using automated means that burden them;
• infringe or misappropriate intellectual property, privacy, publicity, or other third-party rights;
• misuse customer, lead, or contact data, including by using it without the rights, notices, or consents the law requires; or
• submit information that is false or that you do not have the right to share.

12Ownership and intellectual property

SVEAR, Velo 31, and the associated software, systems, technology, workflows, branding, intellectual property, creative systems, creatives, and deliverables are owned by Miles Thomas, except where ownership is expressly transferred under a separate written agreement. Svear Marketing LLC is authorized to operate, provide, license, and commercialize these assets and Services.

Unless a separate written agreement expressly transfers ownership, neither these Terms nor any payment transfers ownership of the Services, creatives, or deliverables to you. Subject to these Terms and payment of the applicable fees, you may use the Services for your business purposes while you have access to them, and you may use the creatives and other deliverables provided to you for the business purposes for which they were provided, unless a separate written agreement says otherwise. These permissions are licenses, not transfers of ownership.

Deliverables may include Your Content. Including it does not transfer your rights in Your Content to anyone.

13Third-party services

The Services rely on, connect to, or link to services operated by others, such as advertising platforms, messaging and email providers, payment processors, hosting providers, and AI model providers. Your use of those services may be subject to their own terms and policies. We are not responsible for third-party services or their content, practices, or availability, and changes they make may affect the Services.

14Service availability and changes

We work to keep the Services available, but we do not guarantee uninterrupted or error-free operation. The Services may be unavailable from time to time because of maintenance, updates, outages, or events outside our control, and third-party providers may affect their availability. We may add, change, or remove features. Unless a separate written agreement says otherwise, no uptime commitment or service-level agreement applies.

15Disclaimers

To the maximum extent permitted by law, the Services, and all content, creatives, deliverables, and output provided through them, are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Some Services use artificial intelligence. AI-generated content can be inaccurate, incomplete, or unsuitable for your purpose. You are responsible for reviewing it before you rely on it, publish it, or send it.

16Limitation of liability

To the maximum extent permitted by law, neither Svear Marketing LLC nor Miles Thomas, nor their respective members, managers, employees, contractors, agents, or licensors (together, the “Svear Parties”), will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost data, lost goodwill, lost customers, advertising spend, or lost business opportunities, arising out of or relating to these Terms or the Services, however caused and under any theory of liability, even if advised of the possibility of those damages.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

17Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless the Svear Parties from and against any claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• your use of the Services;
• your violation of these Terms;
• the data, content, and materials you provide;
• your lack of any required right, notice, permission, or consent;
• your violation of any third party's rights; or
• your marketing, advertising, or messaging activity that violates applicable law.

18Suspension and termination

Svear Marketing LLC may suspend or terminate your access to all or part of the Services for:

• a material violation of these Terms;
• unlawful activity;
• abuse or misuse of the Services;
• security concerns; or
• nonpayment.

Suspension or termination does not relieve you of payment obligations that accrued before it, including any final retainer payment due under Cancelling recurring Services. Provisions that by their nature should continue, including those on amounts owed, ownership, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution, survive termination.

19Governing law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.

20Dispute resolution and arbitration

Informal resolution first

Before starting arbitration, the party raising a dispute will send the other party a written notice describing it and will try in good faith to resolve it informally. Notices to Svear Marketing LLC may be sent to svear.io@svear.io or to the postal address at the end of these Terms.

Binding individual arbitration

Except where prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between the parties that cannot be resolved informally will be resolved by binding arbitration on an individual basis. The parties agree that arbitration will be conducted in accordance with applicable Virginia and federal arbitration law.

The arbitrator will be selected by agreement of the parties or, if they cannot agree, by a neutral method permitted by applicable law. Neither party may unilaterally choose or impose an arbitrator.

No class or representative proceedings

To the extent permitted by law, disputes will be resolved only on an individual basis. Neither party may bring or take part in a class, collective, consolidated, or representative proceeding against the other.

Exceptions

• Either party may bring an individual claim in small claims court instead, if the claim qualifies there.
• Where legally permitted, either party may seek temporary, preliminary, or permanent injunctive or other equitable relief from a court, including to protect intellectual property, confidential information, or data, or to stop security breaches or misuse of the Services or their systems.

Rights under applicable law

These Terms are written for business relationships. If a dispute is subject to additional protections under applicable law, including Virginia and federal law that applies to consumer or employment arbitration, those protections apply. Nothing in this section waives any right that cannot be waived under applicable law.

21Changes and general terms

We may update these Terms from time to time. When we do, we will post the updated Terms on this page with a new effective date. The updated Terms apply from that date, and continuing to use the Services after it means you accept them.

If any provision of these Terms is found unenforceable, the rest of these Terms remains in effect. Our failure to enforce a provision is not a waiver of it. These Terms, together with our Privacy Policy and any proposal, invoice, order form, or separate written agreement for the Services you use, are the entire agreement between you and Svear Marketing LLC about the Services.

22Contact

Questions about these Terms, notices, and cancellation requests can be sent to: