VOLAG Enterprise Terms of Service

Last Updated: March 27th, 2024

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Welcome, and thank you for your interest in Round 14 Technologies LLC (“VOLAG,” “we,” or “us”) and our website at https://www.volag.io (the “Site”), along with our downloadable mobile application (“App”) and other related services provided by us (collectively, the “Service”).

These Terms of Service (“Terms”) are a legally binding contract between you (“Company,” “Business User” or “you”) and VOLAG regarding your use of the Service. These Terms are for enterprise users using the VOLAG Service. If you are a User or individual who has been sent a reward or loyalty points by a business or hold reward or loyalty points related to a business, please reference the terms of service located here, which govern your rewards, loyalty points and the use of our Site.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING VOLAG’S PRIVACY POLICY HERE (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND VOLAG’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY VOLAG AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 29, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND VOLAG ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Definitions.

As used in these Terms:

“Account” means a Business User’s account created through the Site.
“Business Portal Dashboard” means the VOLAG business portal dashboard accessible through the Service.
“Business User” means an unaffiliated third-party business user of the VOLAG Service, whose business is registered on VOLAG.
“DEX” means the Stellar decentralized exchange that enables users to trade digital assets in a trustless and decentralized environment.
“Loyalty Point Token” means third-party NFTs made available through the App that are then able to be redeemed in exchange for Reward Tokens.
“NFT” means non-fungible token, a non-interchangeable, unique unit of data stored on a blockchain digital ledger that can be sold or traded.
“Reward Token” means third-party NFTs made available through the App that are redeemable by Users for real-world goods or services or other digital rewards pertaining to a third-party Business User.
“Supported Electronic Wallet” means a Stellar-compatible electronic crypto wallet, such as Freighter.
“User(s)” means individual Users or Users who have created an account to use and access the VOLAG mobile application.
“You / Your / You’re” means Business Users.

Service Overview.

Through the VOLAG Service, Business Users can create, mint and administer tokenized loyalty and reward promotional programs for their Users on the Stellar blockchain through the Business Portal Dashboard. Business Users can access the DEX to sell their Loyalty Point Tokens to Users and facilitate the exchange of Loyalty Point Tokens for Reward Tokens. VOLAG is not and does not represent any association or partnership with the Stellar blockchain or DEX.

Users may:

purchase and exchange Loyalty Point Tokens loyalty points of Business Users via the DEX;
receive or earn Loyalty Point Tokens loyalty points from Business Users businesses in exchange for their business patronage;
exchange or redeem Loyalty Point Tokens loyalty points for Reward Tokens rewards via DEX; or
redeem Reward Tokens rewards for real-world benefits with the Business Users.
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All terms and conditions governing the redemption of Loyalty Point Tokens for Rewards Tokens and Reward Tokens for reward are between the respective Business User and User. VOLAG makes no representation or warranty related to, has no obligation under, and disclaims any liability associated with such terms and conditions.
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The Service provides a non-custodial platform that allows Business Users to interact with blockchain-based or decentralized applications. Being non-custodial means that you have full control and responsibility for your digital assets, including private keys and seed phrases. This enables you to initiate transactions directly from your wallet address. The private key or seed phrase is linked to your wallet address and is essential for authorizing token transfers to and from that address. It is your sole responsibility to securely store your private key and any mnemonic phrases tied to your Supported Electronic Wallet. You must ensure the security of your wallet address and private key information. It is crucial to back up your private keys, mnemonic phrases, or passwords to prevent loss of control over tokens associated with your Supported Electronic Wallet. You acknowledge that we do not have access to, nor do we store, your wallet password, encrypted private key, unencrypted private key, or seed phrase. By using VOLAG's non-custodial software, you acknowledge and accept full responsibility for your actions and any associated risks of loss.

Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

use the Service for any illegal purpose or in violation of any local, state, national, or international law;
mislead or misrepresent your product or service to potential Users or other users of the Service;
misrepresent the rewards you have available for redemption;
harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by VOLAG;
manipulate market prices for tokens created on or through the Service;
use the Service to create tokens for any purpose other than in connection with a bona fide business loyalty or reward program associated with real world goods and services;
interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission or by means of any deceitful measure, including with the intent to defraud another user, or falsifying your age or date of birth;
sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 17) or any right or ability to view, access, or use any Materials; or
attempt to do any of the acts described in this Section 3 or assist or permit any person in engaging in any of the acts described in this Section 3.

Eligibility.

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service is in compliance with any and all applicable laws and regulations. If you are entering into these Terms on behalf of an entity, organization, or company, you represent and warrant that you have authority to bind the entity, organization or company to these Terms and that the entity, organization or company agrees to be bound by these Terms. ‍

Business User Onboarding.

Account. To access most features of the Service, you must register for an account (“Account”) by connecting your Supported Electronic Wallet to the Service and following the onboarding procedure outlined in this section. Registration for an Account requires you to link your Supported Electronic Wallet associated with your business. If you do not have an existing Supported Electronic Wallet compatible with Stellar blockchain, you will be directed to create one completing the steps associated with the onboarding process and following such completion, VOLAG will sponsor the creation of your Supported Electronic Wallet.
Entity Validation. After connecting your Supported Electronic Wallet, you will proceed with the validation of specific details pertaining to your legal entity or sole proprietorship. This validation process requires you to submit certain documents, including a personal identification document, organizational documents, and information about authorized individuals and beneficial owners. Additionally, this stage will include the registration and validation of your email address. It's important to ensure the accuracy of the information submitted, as VOLAG reserves the right to reject the creation of your Account or suspend access to your Account in the event of any discrepancies or inaccuracies.
KYB Authorization. You hereby authorize VOLAG to validate your Know Your Business (“KYB”) information using third parties and to share such information for verification, Service approvals, and fraud detection. Business users may be required to provide additional information, including but not limited to information about their loyalty or reward program at anytime as a condition for continued use of the Services. KYB processes are performed by third-party service providers, and you may be subject to such third parties’ terms and conditions and privacy policies. VOLAG has no control over and bears no responsibility to you regarding any KYB process. VOLAG will not be responsible for any delay or failure of a transaction on account of errors, lack of processing capacity or other failure of its third-party service providers, or for any disclosures by such third parties of any information about you. You agree that all information you provide is accurate, complete, and not misleading, and that you will keep such accurate and up to date at all times.
Business Profile. After completing the above, you will create a business profile with a profile picture, geolocation, a business wallet alias, and other descriptive information about your business, including categories and identifier tags (“Business Profile”). Following the creation of your Business profile, registration of your Account will be finalized and you will be able to access the Service and your business portal dashboard through your Supported Electronic Wallet (“Business Portal Dashboard”). You are solely responsible for maintaining the confidentiality of your Business Portal Dashboard, and you accept responsibility for all activities that occur under your Business Portal Dashboard. You have sole responsibility for the security of your wallet keys, and except solely due to a security breach of VOLAG’s systems, you are fully liable for all transactions and actions that occur through the use of the Service, even in the event of fraud or breach of your systems or wallet keys.
Access. To access the Service, you must use the Supported Electronic Wallet initially connected to your Account. Through your Business Portal Dashboard, among other things, you will be able to facilitate sales or allocations of Loyalty Point Tokens, redeem Loyalty Point Tokens for Reward Tokens, and verify your Account (as applicable) through the Service. We currently use the Stellar blockchain to connect the Service with Supported Electronic Wallets. VOLAG does not assume any liability with respect to any Supported Electronic Wallet. You must familiarize yourself with the terms of use, technology, and security protocols of any Supported Electronic Wallet. You represent to VOLAG that your account on any Supported Electronic Wallet used by you in connection with the Service is owned or controlled exclusively and directly by you and no other person other than those authorized by you to act on your behalf (e.g., a trustee). Your relationship with your Supported Electronic Wallet is governed by the applicable terms of service of such Supported Electronic Wallet. We do not have custody or control over the contents of your Supported Electronic Wallet and have no ability to retrieve or transfer its contents. VOLAG is a non-custodial Service, meaning we do not ever have custody, possession, or control of your digital assets including loyalty points and rewards at any time.
Risk from Hacking and Theft. Hackers may seek to access your Supported Electronic Wallet through multiple means, including, but not limited to, phishing and other fraudulent communications. VOLAG WILL NEVER PROVIDE A LINK TO ANY DIGITAL ASSETS, PROMOTIONS TO ACCESS DIGITAL ASSETS, OR OTHER BENEFITS FROM VOLAG. VOLAG WILL ONLY SEND YOU COMMUNICATIONS ON OR THROUGH THE BUSINESS PORTAL DASHBOARD AND YOU SHOULD NEVER CLICK ON ANY LINK ORIGINATING ON OR THOUGH ANY OTHER MEDIUM EVEN IF IT APPEARS TO ORIGINATE FROM VOLAG. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSSES THAT ARISE FROM YOUR CLICKING ON ANY LINKS FROM A THIRD PARTY, EVEN IF SUCH THIRD PARTY APPEARS TO BE VOLAG. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY OF YOUR SUPPORTED ELECTRONIC WALLET AND ANY DIGITAL ASSETS STORED THEREIN.

Loyalty Program.

Creation of Loyalty Program. Following the creation of your Account you will be able to create your business loyalty program. In the Business Portal Dashboard, you will create a token that is represented by loyalty points associated with your unique loyalty program on the Stellar blockchain.
Enabling the Loyalty Program. The loyalty program is enabled by signing a transaction that creates the business Loyalty Point Token submitted to the Stellar blockchain. On signing the transaction to enable the loyalty program, the business user will be prompted to pay any associated VOLAG fees from its Supported Electronic Wallet.
Minting Loyalty Points. After you successfully enable the loyalty program and create your business Loyalty Point Tokens, you will be able to mint Loyalty Point Tokens for Users. When the Loyalty Point Tokens are minted, they will be sent to and held in your Supported Electronic Wallet and accessible through the Business Portal Dashboard.
Selling and Sending Loyalty Points to Users. To sell the Loyalty Point Tokens to Users through the Stellar DEX, you will be required to set the price per Loyalty Point Token and sign another wallet transaction with your private keys in order to publish the offer to the Stellar DEX. On signing this transaction, a new sale account will be created which is controlled by the business user through its Supported Electronic Wallet. All proceeds from the sale of the Loyalty Point Tokens may be tracked in the corresponding sale account through the Business Portal Dashboard or accessed through a wallet browser extension. To send loyalty points to Users, Users must be registered on the VOLAG App.
Collecting Proceeds from Sales. To access funds from the sale account, you must claim to transfer the funds to your Supported Electronic Wallet through the Business Portal Dashboard by authorizing and signing a transaction with your private keys. On signing this transaction, VOLAG will collect any applicable fees associated with the transaction. Proceeds from sales do not appear in the wallet browser extension.
Off-Service Transactions. Any third-party platform (“Off-Service Transaction”) you conduct is subject solely to any applicable third-party terms, but in all instances are subject to the license grants and limitations set forth in these Terms. YOU ACKNOWLEDGE AND AGREE THAT VOLAG HAS NO CONTROL OVER AND IS NOT LIABLE IN ANY WAY FOR ANY OFF-SERVICE TRANSACTIONS. FURTHER, VOLAG DOES NOT FACILITATE OR SUPPORT THIRD-PARTY TRANSACTIONS ON SECONDARY MARKETS.

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Rewards Program.

Business Users may generate Reward Tokens that can be exchanged by its Users for rewards. The nature of these rewards, which may correlate to specific advantages related to your product or service, is determined solely by you. Each reward will be represented as a token on the Stellar blockchain, linked to a unique reward code. It is entirely your responsibility to define any limitations tied to the reward, including expiration dates or specific conditions Users must fulfill to claim the reward. Once a reward is enabled on the Stellar blockchain by you, it may not be changed, modified or altered in any way. VOLAG’s fees will be indicated and assessed at the time the business user signs the transaction to create the reward token on the Stellar blockchain. To mint Reward Tokens, you must navigate to the Business Portal Dashboard to indicate the number of tokens to mint and send to your Supported Electronic Wallet by signing a transaction with your private keys. Once the Reward Tokens are minted, they may be listed on the Stellar DEX as offers, exchanged for Loyalty Point Tokens or gifted to Users. You maintain control over determining the amount of Loyalty Point Tokens required for exchanging rewards

Fees.

Enabling the loyalty programs and rewards, minting, selling, or transferring Loyalty Point Tokens and Reward Tokens may be subject to Service fees, commissions, and other charges, including standard blockchain and DEX transaction fees associated with such transactions (collectively “Fees”). VOLAG reserves the right to set all prices for Fees for the Service and may change Fees for any feature of the Service, including additional fees or charges, with or without advance notice to you. Before you pay any Fees, you will have an opportunity to review and accept the Fees that you will be charged by signing the transaction with your private keys. All Fees are in [USDC] and are non-refundable. You are solely responsible for all Fees, and all applicable taxes, associated with minting or selling tokens related to a loyalty or rewards program on the Service.

Blockchain Transactions are final.

Blockchain transactions, once executed, are irreversible. When a business user signs a transaction with its private keys, it becomes final due to the immutable nature of the blockchain. This means transactions cannot be reversed, refunded, or altered in any way. Similarly, loyalty and rewards programs that are recorded on the Stellar blockchain are permanent and cannot be canceled, terminated, reversed, or transferred under any circumstances

No Obligation.

VOLAG has no obligation to exchange tokens for anything of value, including, but not limited to, fiat currency, except as expressly provided in these Terms or otherwise required by applicable law. We, in our sole discretion, may impose limits on the tokens referenced herein, including, but not limited to, the amount that may be minted, acquired, earned, or redeemed. To the extent that any token is associated with a prize, real word good, service or experience, the obligation to provide such is solely between the business user, its Users and the sponsoring third party, and VOLAG will have no responsibility to provide any prize or experience to Users on behalf of the business user.

Tokens Disclaimer.

TOKENS ARE INTANGIBLE NON-FUNGIBLE TOKENS THAT EXIST BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN A THIRD-PARTY NETWORK, SUCH AS THE STELLAR BLOCKCHAIN. ALL TOKEN SMART CONTRACTS OPERATE ON A THIRD-PARTY DECENTRALIZED LEDGER. VOLAG HAS NO CONTROL OVER AND MAKE NO PROMISES OR GUARANTEES WITH RESPECT TO ANY THIRD-PARTY DECENTRALIZED LEDGER, INCLUDING, BUT NOT LIMITED TO, THE STELLAR BLOCKCHAIN, OR ANY SMART CONTRACTS. YOU AGREE THAT VOLAG IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR ANY ISSUES OR LOSSES RELATED TO ANY THIRD-PARTY NETWORK OR DECENTRALIZED LEDGER, WALLET, OR SMART CONTRACTS. WE MAKE NO GUARANTEE AS TO THE NATURE, QUALITY, OR VALUE OF THE TOKENS OR THE AVAILABLITY OR SUPPLY THEREOF.

Valuation of Tokens and Assumption of Risk.

VOLAG does not endorse, approve of, or take any responsibility in determining any particular token’s value or make any warranty about the suitability of any token for ownership or trading. The prices and value of tokens may be volatile and subjective. NFTs and similar digital assets have no inherent or intrinsic value. VOLAG does not and cannot guarantee that any token purchased will retain its original value or have any particular value. VOLAG will have no responsibility for determining value or making up any losses in value to you or your Users and VOLAG is not required to repurchase any tokens for any reason. You agree to assume all risk associated with the use and value of the tokens created using the Service. You also agree not to create or use tokens in any way that would violate applicable laws, including US securities laws.

Disputes.

VOLAG WILL NOT BE A PARTY TO ANY DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN BUSINESS USERS AND USERS OR BUSINESS USERS AND THEIR CUSTOMERS. YOU AGREE TO RESOLVE ALL SUCH DISPUTES WITH ANY OTHER USERS OF THE SERVICE, INCLUDING YOUR CUSTOMERS, WITHOUT INVOLVING VOLAG IN SUCH DISPUTE. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING TOKENS OFFERED VIA THE SERVICE RESTS SOLELY WITH YOU. IF VOLAG IS REQUIRED TO PARTICIPATE IN ANY SUCH DISPUTE, THEN YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS VOLAG FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY SUCH DISPUTE.

Unclaimed Property; Business Dissolution.

VOLAG operates as a non-custodial service, meaning it cannot access the Supported Electronic Wallets or accounts of Business Users or Users on the blockchain. Although VOLAG retains the authority to remove a business user's Business Profile or Business Portal Dashboard from its Service, it does not have the capability to access or manage any accounts on the Stellar blockchain or Supported Electronic Wallets directly.

Reservation of Rights.

Except as otherwise prohibited by applicable law and except for the limited licenses granted under these Terms, we reserve and retain all rights, title, and interest in and to the tokens provided or created solely by us.

Licenses.

Limited License. Subject to your complete and ongoing compliance with these Terms, VOLAG grants you, a non-exclusive, non-transferable, revocable, non-sublicensable right to access and use the Service and VOLAG IP (defined below) and only in the manner described in these Terms.
License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
Feedback. We respect and appreciate the thoughts and comments from our Business Users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant VOLAG an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

Ownership; Property Rights.

Intellectual Property Rights. As between you and VOLAG, VOLAG and its licensors exclusively own all rights, title, interest in the copyrights (including rights in derivative works), patents, trademarks, service marks, trade secrets, logos, know-how and other intellectual property, in and to the Service (collectively, “VOLAG IP”). All rights in VOLAG IP not expressly granted to you in these Terms are reserved and all goodwill inures to VOLAG. The Service is owned and operated by VOLAG. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by VOLAG (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of VOLAG or its third-party licensors. Except as expressly authorized by VOLAG, you may not make use of the Materials. There are no implied licenses in these Terms and VOLAG reserves all rights to the Materials not granted expressly in these Terms. No Services or VOLAG IP are works made for hire, as defined in the U.S. Copyright Act. No VOLAG IP ownership is transferred under these Terms, and no VOLAG IP is jointly owned pursuant to these Terms.
Marks. Any VOLAG trademarks, service marks, and logos (collectively, the “VOLAG Marks”) used and displayed on the Service are VOLAG’s registered or unregistered trademarks or service marks. Any other product and service names located on any part of the Service may be trademarks or service marks owned by third parties (collectively with the VOLAG Marks, the “Marks”). Except as otherwise permitted by law, you may not use the Marks to disparage VOLAG or the applicable third party, VOLAG’s or a third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Marks. You may not use any Marks as part of a link to or from any website without VOLAG’s prior express written consent. All goodwill generated from the use of any VOLAG Mark will inure solely to VOLAG’s benefit.
Business User License. You grant VOLAG a fully paid-up, non-exclusive, non-transferable, non-sublicensable, revocable right and limited license during the Term to reproduce and display, solely as approved by you, your trademarks, trade names, service marks, logos, and related marks exclusively in order to provide the Services.
Transfer of Token. If you sell or otherwise transfer ownership of a token through the Service, then you grant to the purchaser or transferee a limited, perpetual license to publicly display, publicly perform, distribute, and reproduce the token IP, solely as incorporated in the token, and solely for the purchaser’s personal, non-commercial use (except as expressly permitted in these Terms). You agree that the terms of this Section will govern such sale and warrant that such purchaser or transferee agrees to the terms of this Section. You further agree that you will not have any claims against VOLAG for any breach of this Section by a purchaser or transferee

Additional License and Use Restrictions.‍

Except and solely to the extent such restriction is impermissible under applicable law, you may not:

Use a token in any manner that infringes upon the intellectual property rights of any third party;
Use IP except as incorporated in the token;
Use a token in contravention of applicable law;
Use a token in connection with any obscene, pornographic, political, commercial, or otherwise inappropriate material; or
Encourage or permit any third party to do any of the foregoing.

Third-Party Terms.

Third-Party Services and Linked Websites. VOLAG may provide tools through the Service that enable you to export information to third-party services, including through features that allow you to link your Account with an account on the third-party service, such as Twitter or Instagram, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize that VOLAG to transfer that information to the applicable third-party service. Third-party services are not under VOLAG’s control, and, to the fullest extent permitted by law, VOLAG is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under VOLAG’s control, and VOLAG is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any information with such third-party services. Once sharing occurs, VOLAG will have no control over the information that has been shared.
Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

Business User Content.

Business User Content Generally. Certain features of the Service may permit Business Users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including approved social media posts, messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works (“Business User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
Limited License Grant to VOLAG. By Posting Business User Content to or via the Service, you grant VOLAG a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your Business User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. You agree to pay all monies owing to any person or entity resulting from Posting your Business User Content and from VOLAG’s exercise of the license set forth in this Section.
Specific Rules for Photographs and Images. If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Service, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.
You Must Have Rights to the Content You Post; Business User Content Representations and Warranties. You must not Post Business User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that Business User Content. VOLAG disclaims any and all liability in connection with Business User Content. You are solely responsible for your Business User Content and the consequences of providing Business User Content via the Service. By providing Business User Content via the Service, you affirm, represent, and warrant to us that:

you are the creator and owner of the Business User Content, or have the necessary licenses, rights, consents, and permissions to authorize VOLAG and Business Users of the Service to use and distribute your Business User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by VOLAG, the Service, and these Terms;
your Business User Content, and the Posting or other use of your Business User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause VOLAG to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
your Business User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

Business User Content Disclaimer. We are under no obligation to edit or control Business User Content that you or other users Post and will not be in any way responsible or liable for Business User Content. VOLAG may, however, at any time and without prior notice, screen, remove, edit, or block any Business User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to Business User Content from a variety of sources and acknowledge that Business User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against VOLAG with respect to Business User Content. If notified by a user or content owner that Business User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Business User Content, which we reserve the right to do at any time and without notice. For clarity, VOLAG does not permit infringing activities on the Service.

Monitoring Content.

VOLAG does not control and does not have any obligation to monitor: (a) Business User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that VOLAG reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time VOLAG chooses to monitor the content, then VOLAG still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). VOLAG may block, filter, mute, remove or disable access to any Business User Content uploaded to or transmitted through the Service without any liability to the user who Posted such Business User Content to the Service or to any other users of the Service.

Communications.

Marketing Emails. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
Push Notifications. When you install our App on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the App. You can turn off notifications by visiting your mobile device’s “settings” page.

Intellectual Property Rights Protection.

Respect of Third Party Rights. VOLAG respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:

Round 14 Technologies LLC
Attn: Legal Department (IP Notification)
Email: legal@volag.io

Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
a description of the copyrighted work or other intellectual property right that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.

Your Notification of Claimed Infringement may be shared by VOLAG with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to VOLAG making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

Repeat Infringers. VOLAG’s policy is to: (a) remove or disable access to material that VOLAG believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. VOLAG will terminate the accounts of users that are determined by VOLAG to be repeat infringers. VOLAG reserves the right, however, to suspend or terminate accounts of users in our sole discretion. VOLAG will make commercially reasonable efforts to remove materials infringing the intellectual property rights of a third party, however, VOLAG's actions are limited to the deletion of a business profile (business account). VOLAG cannot delete content that has already been recorded on a blockchain, such as a token that has already been minted with a name or metadata that violates intellectual property rights.
Counter Notification. If you receive a notification from VOLAG that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide VOLAG with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to VOLAG’s Designated Agent through one of the methods identified in Section 22.3, and include substantially the following information:

your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which VOLAG may be found, and that you will accept service of process from the person who provided notification under Section 23.2 above or an agent of that person.

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to VOLAG in response to a Notification of Claimed Infringement, then VOLAG will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that VOLAG will replace the removed Business User Content or cease disabling access to it in 10 business days, and VOLAG will replace the removed Business User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless VOLAG’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on VOLAG’s system or network.
False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [VOLAG] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” VOLAG reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

Modification of Terms.

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your Business User Content and discontinue your use of the Service.

Term, Termination, and Modification of the Service.

Term. These Terms are effective beginning when you accept the Terms or first access or use the Service and end when terminated as described in Section 25.2.
Termination.

If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, VOLAG may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Service and delete your Account, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination.
You may terminate your Account and these Terms at any time by terminating access to your Account and delinking your Supported Electronic Wallet from the Business Portal Dashboard, or by contacting us at: [EMAIL ADDRESS]. You may notify VOLAG to request the deletion of your Account and initiation of the creation of a transaction to the Stellar blockchain in order to delete your Supported Electronic Wallet, but the signing of this transaction is at your sole discretion and direction. For the avoidance of doubt, the termination or deletion of your Account will not delete or terminate any minted Loyalty Point Tokens or Reward Tokens that are held in third-party wallets.

Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access the Service; (c) you must pay VOLAG any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination, all definitions, and the Sections which by their nature intended to survive these Terms will survive the termination notwithstanding the cause of termination. If your Account has been terminated for a breach of these Terms, then you are prohibited from creating a new Account on the Service using a different business name, email address or other forms of account verification. VOLAG does the not control the business user’s ability to delete any minted loyalty points or rewards, including those in the possession of Users.

Modification of the Service. VOLAG reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. VOLAG will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. Should a modification materially affect your rights, you will have the ability to opt-out of the Service by not executing a transaction with your Supported Electronic Wallet.

Indemnity.

‍‍To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify VOLAG, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “VOLAG Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

Disclaimers; No Warranties by VOLAG.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. VOLAG DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. VOLAG DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND VOLAG DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR VOLAG ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE VOLAG ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING BUSINESS USER CONTENT.
ANY PURCHASE OR SALE YOU MAKE, ACCEPT, OR FACILITATE VIA OR OUTSIDE OF THE SERVICE OF A TOKEN WILL BE ENTIRELY AT YOUR RISK. WE DO NOT CONTROL OR ENDORSE PURCHASES OR SALES OF TOKENS VIA OR OUTSIDE OF THE SERVICE. WE EXPRESSLY DENY ANY OBLIGATION TO INDEMNIFY YOU OR HOLD YOU HARMLESS FOR ANY AND ALL LOSSES YOU MAY INCUR BY TRANSACTING, OR FACILITATING TRANSACTIONS, OF TOKENS VIA OR OUTSIDE OF THE SERVICE, FOR ANY REASON WHATSOEVER. YOU ARE SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH ALL TERMS GOVERNING THE PURCHASE AND USE OF A TOKEN AND MAY BE SUBJECT TO LIABILITY FOR VIOLATING ANY THIRD-PARTY RIGHTS THROUGH UNAUTHORIZED USES OF TOKENS.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 26 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. VOLAG does not disclaim any warranty or other right that VOLAG is prohibited from disclaiming under applicable law.

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE VOLAG ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY VOLAG ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTIONS 28.5 AND 28.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE VOLAG ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE NET REVENUE VOLAG HAS RECEIVED FROM YOUR TRANSACTIONS IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100. “Net Revenue” means the gross revenue VOLAG receives from a business user transaction less all fees owed by VOLAG to third parties in relation to such transaction.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 27 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Dispute Resolution and Arbitration.

Generally. Except as described in Section 29.2 and 29.3, you and VOLAG agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND VOLAG ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 29 within 30 days after the date that you agree to these Terms by sending an email to [EMAIL ADDRESS], Attention: Legal Department – Arbitration Opt-Out, that specifies: your full legal name, the email address associated with your Account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once VOLAG receives your Opt-Out Notice, this Section 29 will be void and any action arising out of these Terms will be resolved as set forth in Section 30.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.org, by calling the JAMS at +1-800-352-5267 or by contacting VOLAG.
Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by electronic mail (“Notice of Arbitration”). VOLAG’s address for Notice of Arbitration is: VOLAG., [EMAIL ADDRESS], Attention: Legal Department – Arbitration Opt-Out. The Notice of Arbitration must: (a) identfy the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or VOLAG may commence an arbitration proceeding.
Arbitration Proceedings. Any arbitration hearing will take place in the county and state of VOLAG address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or VOLAG must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
Arbitration Relief. Except as provided in Section 29.8, the arbitrator can award any relief that would be available if the claims had been brough in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by VOLAG before an arbitrator was selected, VOLAG will pay to you the amount awarded by the arbitrator. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
No Class Actions. YOU AND VOLAG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and VOLAG agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If VOLAG makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to VOLAG’s address for Notice of Arbitration, in which case your Account with VOLAG will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If Section 29.8 or the entirety of this Section 29 is found to be unenforceable, or if VOLAG receives an Opt-Out Notice from you, then the entirety of this Section 28 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 29.2 will govern any action arising out of or related to these Terms.

Miscellaneous.

General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and VOLAG regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and VOLAG submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the State of Delaware for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from United States, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
Privacy Policy. Please read the VOLAG Privacy Policy here (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The VOLAG Privacy Policy is incorporated by this reference into, and made a part of, these Terms.‍
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.‍
Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.‍
Contact Information. The Service is offered by VOLAG, Attention: Legal Department – 254 Chapman Rd, Ste 208 #6332, Newark, Delaware 19702. You may contact us by emailing us at legal@volag.io.‍
Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.‍
No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.‍
International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.‍
Additional Representations. Neither business user, nor the business user’s beneficial owners, are (i) identified on any sanctions or export control list maintained by the U.S. government, including but not limited to, the Specially Designated Nationals List, Blocked Persons List, Foreign Sanctions Evaders List maintained by the Department of the Treasury or OFAC, as well as the Denied Party List, Entity List, and Unverified List administered by BIS (collectively the “Sanctioned Lists”); nor (ii) located, organized or ordinarily resident in a country or territory that is subject to sanctions or embargoes by the U.S