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Last Updated: May 12, 2022
Please read these Terms and Conditions ("Terms" or "Terms and Conditions") carefully before using the www.vollium.com website, and the "Vollium" mobile application (together, or individually, the "Service") operated by "Vollium Information Technology". ("Vollium", "Enterprise", "us", "we", or "our"). For purposes of these Terms, “you” and “your” means you as the user of the Service or/and the Author of any content submitted, posted on any of the services operated by the "Vollium" Enterprise.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service. If you are accessing or using the Service on behalf of a business or entity, then your business or entity is legally and financially responsible for your access to and use of the Service as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.
Our Service allows you to read and learn from information, text, graphics, videos, or other material ("Content") on the Service. We are responsible for the Content that you read on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (a) the Content is yours and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (b) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
We retain any and all of our rights to any Content we submit, post or display on or through the Service and we are responsible for protecting those rights; except that if you submit or post Enterprise Content (as defined below) to any "Vollium Information Technology." Enterprise's Workspace (as defined below), then the ownership of such Enterprise Content will be as set forth in any agreement between you and the applicable Enterprise (as defined below) that manages such Enterprise Workspace, and in the absence of such agreement, then as between you and such Enterprise, the Enterprise will own all rights to any such Enterprise Content.
However, users can still create, join and use their own Personal account or Team account separately from use of Organisation accounts. Content uploaded to a Personal account or Team account remains owned by the user and not the Organisation.
As a condition of your use of the Service, you grant "Vollium" a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sub-licensable license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative works (either alone or as part of a collective work) from your Content. As part of the foregoing license grant you agree that (a) the other users of the Service shall have the right to comment on and/or tag your public Content that you make available to them and/or to use, publish, display, modify or include a copy of your Public Content that you make available to them, and (b) we have the right to make any of your public Content available to third parties so that those third parties can distribute, make derivative works of, comment on and/or analyze your Content on other media and services (either alone or as part of a collective work); except that the foregoing (a) and (b) shall not apply to any of your Content that you post privately for non-public display on the Service.
By posting Content that is set for public access to the Service, you grant us the right to display such public Content on and through the Service. "Vollium" has the right but not the obligation to monitor all Content provided by users.
In addition, any Content found on or through this Service that is not originally submitted, posted, or displayed by users of the Service is the property of "Vollium" or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You agree that "Vollium" has the right, but not the obligation, to remove any Content from the Service if Vollium determines in its sole discretion that such Content has violated these Terms, applicable law, or the privacy rights, publicity rights, intellectual property, contract rights or any other rights of any person or entity, or if "Vollium" determines in its sole discretion that such Content poses a risk of harm to "Vollium", other users of the Service or third parties.
Any content stored on the Service will be stored indefinitely, unless it is explicitly deleted or unless otherwise set forth in a separate agreement with an Enterprise (as defined below). This process is described under "Termination".
Some parts of the Service are made available on a paid subscription basis ("Subscription(s)"). Subscriptions are available for Personal, Business, Enterprise, Essential, Premium, or Ultimate pricing for the Subscriptions is set here.
You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set on a monthly or yearly basis. Whether you are using monthly or yearly billing, your account may be charged on a monthly basis.
Auto-Renewal: You agree that at the end of each Billing Cycle, your Subscription will automatically renew and your payment method for such Subscription will automatically be charged at the start of each new Subscription period for the fees and taxes applicable to that Billing Cycle, under the same conditions as the prior Billing Cycle unless you cancel it or Vollium cancels it.
A valid payment method, including credit card, is required to process the payment for your Subscription. You must provide Vollium with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Vollium to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Vollium may attempt to charge the credit card on file one or more times. Should payment continue to fail, the Subscription will be cancelled.
You may cancel your Subscription either through your online account management page or by contacting Vollium team at hello@vollium.com.
Vollium may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). If you are on a Free Trial, you may cancel at any time until the last day of your Free Trial by following the cancellation procedures outlined in the Subscription section of these Terms. If you or Vollium cancel your Free Trial, you acknowledge and agree that we may delete all of your content or data associated with the Workspace that was assigned to your Free Trial. If you do not cancel your Free Trial, then your Free Trial will be converted to a paid Subscription at the end of the trial period, and you hereby authorize us to charge your credit card or other payment method for continued use of the paid Service under such Subscription. You may then however, cancel your Subscription in accordance with the Subscription section of these Terms.
At any time and without notice, Vollium reserves the right to (a) modify the terms and conditions of any Free Trial offer, (b) cancel any Free Trial offer, or (c) cancel any Free Trial subscription at any time.
Vollium, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Vollium will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Fees are stated exclusive of any taxes or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with your Subscription, except for those taxes based on our net income. Should any payment for the Service be subject to withholding tax by any government, you will reimburse us for such withholding tax.
Payment obligations are non-cancelable, and fees paid are non-refundable and there are no credits for partially used Subscription periods. Certain refund requests for Subscriptions may be considered by Vollium on a case-by-case basis and granted in sole discretion of Vollium.
By creating an account on our Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, you may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation. You may not use as a username any name that is offensive, vulgar or obscene.
You may not use the Service if you are 13 years of age or younger. By using the Service, you represent and warrant that you are over the age of 13.
You may not do any of the following, unless applicable laws or regulations prohibit these restrictions, or you have our written permission to do so:
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Vollium and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Vollium.
We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of Vollium, and Vollium may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Vollium any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
Our Service may contain links to third party web sites or services that are not owned or controlled by Vollium. Our Service may also allow you to import or interface with third party applications or services.
Vollium has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Vollium shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit or interact with.
Content submitted, posted or modified by authors in the Service is organized into separated sections we refer to as “Accounts.”
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, we provide a tool do so. You may request to delete your own Account(s) at any time from within our account management page. Upon requesting to delete an Account, all Content from such Account will immediately become inaccessible. After 30 days, the Content will be deleted from our servers and can no longer be recovered.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Vollium and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) Content posted by you on the Service.
In no event shall Vollium, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the service; (b) any conduct or content of any third party on the service; (c) any content obtained from the service; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the service is at your sole risk. the service is provided on an "as is" and "as available" basis. the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Vollium its subsidiaries, its affiliates, and its licensors do not warrant that (a) the service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages set forth in the “Limitation and Liability” and “Disclaimer” sections above, so the limitations above may not apply to you.
You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use any mobile application versions of the Service (the “App”). We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App will be available in any particular geographic location. As part of the Service and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings and can opt in or out of these Push Messages through the Service or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from Vollium. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from Vollium workspace.
Mobile Software from the Apple App Store. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Vollium, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Vollium acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and Vollium acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Vollium, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the App. You and Vollium acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
These Terms shall be governed and construed in accordance with the laws of United Arab Emirates, without regard to its conflict of law provisions or by the JAMS Rules in the case or arbitration as outlined below.
Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Vollium’s services and/or products, including the Service, will be resolved by arbitration. You and Vollium agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
Any arbitration under these Terms will take place on an individual basis – class arbitration and class actions are not permitted. You understand that by agreeing to these Terms, you and Vollium are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Vollium will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.
You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to hello@vollium.com or to the mailing address listed at in the Contact Us section of these Terms. The notice must be sent to Vollium within thirty (30) days of your registering to use the Service or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Vollium also will not be bound by them.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service (except in the case of Enterprises that have entered into a separate agreement with Vollium for their Enterprise Subscription).