Last Updated: March 27h, 2024
The VOLAG mobile application and its associated services, software, and content (collectively “App”) is owned and operated by Round 14 Technologies LLC (“VOLAG” “our”, “us”, “we”), a Delaware limited liability company. VOLAG has adopted these Terms of Service (“Terms”) to inform you (“User(s)”) of your rights and duties when using the App. If you do not agree with the terms and conditions of these Terms, you are expressly prohibited from using the App and must discontinue your use immediately.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE APP AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL. PLEASE READ THEM CAREFULLY.
VOLAG MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE APP OR THESE TERMS. IN THE EVENT VOLAG MODIFIES, LIMITS, CHANGES, OR REPLACES THE APP OR THESE TERMS. YOUR USE OF THE APP AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
Definitions
As used in these Terms:
About the App
As a User, you will have access to tokenized loyalty points and rewards programs offered by Business Users for products and services that you may patronize through the App.
App provides Users with the functionality of a non-custodial Electronic Wallet, which means that Users are solely in control of and responsible for their digital assets (Loyalty Point Tokens and Reward Tokens) and private keys. Accordingly, you can authorize transactions from your Electronic Wallet address through the App.
App allows the User to:
● purchase and exchange Loyalty Point Tokens of Business Users via the DEX;
● receive or earn Loyalty Point Tokens from Business Users in exchange for their business patronage;
● exchange or redeem Loyalty Point Tokens for Reward Tokens via DEX; or
● redeem Reward Tokens for real-world benefits with the Business Users.
All transactions occur solely between i). Users and Users or ii) Users and Business Users. The App provides Users solely with a non-custodial Electronic Wallet and an interface for interacting with the Stellar blockchain to facilitate such transactions.
Any exchange of Loyalty Points or Rewards Points occurs on the DEX and not in or through the VOLAG platform or service. If you access or use any such functionality embedded within the App, you acknowledge and agree that (i) VOLAG is not responsible for your access or use of DEX and shall have no liability whatsoever in connection with your use of DEX, including, without limitation, any transactions you dispute; and that (ii) you shall be solely responsible for the consequences of any issues associated with such transactions.
Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into these Terms and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. You warrant that you are not prohibited from assenting to these Terms by any preexisting Terms.
You warrant and represent that any and all information that you provide to VOLAG and the App is accurate and valid. You agree to comply in good faith with these Terms.
By using your Electronic Wallet in connection with the App, you agree VOLAG does not have custody or control over the contents or assets of your Electronic Wallet and has no ability to retrieve or transfer its contents, including any Loyalty Point or Reward Tokens. All transactions are between individual Users or Users and Business Users. VOLAG accepts no responsibility for, or liability to you, in connection with your use of an Electronic Wallet. You are solely responsible for keeping your Electronic Wallet secure and you should never share your Electronic Wallet credentials or seed phrase with anyone. If you discover an issue related to your Electronic Wallet, please contact us. Likewise, you are solely responsible for your Account and an Electronic Wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or Electronic Wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the App or your Account.
You have full control and responsibility for your digital assets, including private keys and seed phrases associated with your Electronic Wallet. This enables you to initiate transactions directly from your Electronic Wallet address. The private key or seed phrase is linked to your Electronic 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 Electronic Wallet. You must ensure the security of your Electronic 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 wallet. You acknowledge that we do not have access to, nor do we store, your Electronic Wallet password, encrypted private key, unencrypted private key, or seed phrase. By using VOLAG, you acknowledge and accept full responsibility for your actions and any associated risks of loss.
You will not use the App in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the App. VOLAG makes no representation that its App or services or products are appropriate, lawful, or available for use in other locations.
Ownership of App and License
You acknowledge and agree that VOLAG is the owner of, or has rights in and to, the App and its associated software and content, including but not limited to all intellectual property rights inherent therein. The App is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the App for any purposes not explicitly stated in these Terms. Specifically, and except where otherwise allowed under these Terms, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the App, whether in whole or in part, without the prior written consent of VOLAG.
VOLAG hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the App for its customary and intended purposes. Violation of the terms of these Terms or use of the App for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the App or any portion of it will result in the termination of this license. Absent prior written permission from VOLAG, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the App or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to VOLAG.
Intellectual Property
All trademarks (common law or registered) and copyrights (common law or registered) displayed on this App is the property of their respective owners. All VOLAG marks are the property of VOLAG. The App, including its look and feel, color selections, layout, and arrangement, is the trade dress of VOLAG. You are prohibited from using VOLAG’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with VOLAG.
Use of App and Your Responsibilities
An email and Electronic Wallet is required to create an Account and use the App.
You must either import or create a new wallet in order to get the Electronic Wallet connected to your Account. When you create a wallet, the App will generate a private key. The private key is associated with the Electronic Wallet address and, together, they can be used to authorize the transfer of assets to and from that wallet address.
Following the creation of Electronic Waller, private key associated with your Electronic Wallet will be stored locally on your device and encrypted with the password and your biometrics. To authorize the transfer of assets to and from that wallet address, you will need to decrypt the private key with your biometrics and passwords.
You acknowledge and agree that you shall assume all risks related to the use of the Electronic Wallet and you shall be solely responsible for maintaining the confidentiality and security of your private keys. When you create a wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over your wallet. Suggested measures include, but are not limited to, the following: (a) creating a strong unique password that you do not use for any other purpose (i.e. different to your phone password or any other passwords you use for websites, online services, etc.) and leveraging biometric authentication; (b) do not store the private key and seed phrase in plain text online or in an unsecured physical location; (c) limiting access to your devices; (d) taking all necessary precautions against malware on your devices and networks; and (e) promptly notifying us if you discover or otherwise suspect any security breaches related to your Electronic Wallet. Notwithstanding anything to the contrary herein, we shall have no liability whatsoever in connection with activities that occur on your wallet with or without your authorization.
You are solely responsible for the retention and security of your private key, password and any mnemonic phrase associated with your wallet (mnemonic phrase will be shown to you on the moment of wallet creation). You must keep your wallet address mnemonic phrase and private key access information secure. It is very important that you backup your private keys, backup phrases or passwords. Failure to do so may result in the loss of control over the Electronic Wallet and all assets associated with your Electronic Wallet. You acknowledge and agree that we do not receive or store your wallet password, your biometrics, encrypted private key, unencrypted private key, or mnemonic phrase associated with your Electronic Wallet. We cannot generate a new password for your Electronic Wallet if you fail to remember your original password or fail to go through biometric authentication. If you have not safely stored a backup of any wallet address and private key pairs maintained in your wallet, you accept and acknowledge that any assets you have (including the Loyalty Point Tokens and Reward Tokens) associated with such Electronic Wallet address will become inaccessible. Accordingly, we shall have no responsibility or liability whatsoever in the event you are unable to access your Electronic Wallet for any reason including without limitation your failure to keep your Electronic Wallet address, mnemonic phrase, password or private key information secure.
Through your Account, you will be able to view, change, or delete information from your Account. Your Account on VOLAG will be associated with your linked blockchain Electronic Wallet address. Users have access to the Loyalty Point Tokens for Reward Tokens of Business Users registered with VOLAG.
You may only use the App pursuant to these Terms. You understand that the App is subject to change and may be modified at any time without notice. The App is provided AS IS, and may contain bugs, errors, or other defects. Your use of the App is at your own risk. Users are solely responsible for their use of the App and shall abide by, and ensure compliance with, all laws in connection with use of the App, including, but not limited to, laws related to intellectual property, privacy, and export control. All Users that use the App agree to these Terms.
You have a duty to ensure that the information provided through the App and within your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through the App if and when that information changes. You are expressly prohibited from providing information that in a way impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not interfere with or disrupt a third party’s enjoyment and use of the App. VOLAG reserves the right to restrict access to, monitor, suspend, disable, or delete Users’ Account at any time, in its sole discretion, and without prior warning. You agree to hold harmless and indemnify VOLAG for any damages that arise out of or in relation to the use of the App.
Users agree to keep their Account secure from unauthorized access. Users should not reveal their passwords or login credentials to others. Users agree that they alone are responsible for their Account and all associated activities and purchases. Users accept full responsibility for any and all use of their Account, whether authorized or unauthorized. In the case of unauthorized access to a User’s Account, you agree to contact VOLAG immediately. Users agree to hold harmless and indemnify VOLAG for any damages that arise out of or in relationship to the use of their Account.
Users may cancel their Account from within their Account settings. If a User cancels their Account, VOLAG is under no obligation to preserve their data or digital assets for any length of time and will not be responsible for any loss of data or digital assets. VOLAG is under no obligation to provide Users with the data associated with their App use and/or Account, except as otherwise provided in the Privacy Policy. VOLAG recommends that Users maintain their own backup of information submitted to the App.
Loyalty Points, Rewards and Redemption
Business Users registered through the VOLAG platform offer Loyalty Point Tokens that can be redeemed for Reward Tokens and rewards, including real world goods and services associated with such business. VOLAG is not affiliated with such Business Users and does not act as their agent-in-fact or in law.
VOLAG does not independently verify or monitor whether a Business User possesses the rewards it markets to Users.
Listed Business Users on VOLAG does not mean we guarantee, approve, recommend, or endorse such Business Users, their tokens or any information, content, or products/services they offer. Listed Business Users don't indicate any association with us. We're not responsible for the linked websites, tokens or any errors or inaccuracies in the information they provide. If you visit their websites or engage in their loyalty and reward programs, you need to follow their terms of use, privacy policies, and other applicable rules. VOLAG shall not be liable for the actions of third parties, including those of Business Users, for any misrepresentations, false statements inaccuracies or omissions made by such parties about the content they post, including their loyalty and reward programs.
Business Users may modify the value or availability of their rewards at their sole discretion and at any time without notice. By collecting Loyalty Point Tokens or redeeming Reward Tokens, you agree to abide by the terms and conditions imposed by Business Users and all disputes shall be settled as between such parties in accordance with the terms.
YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AVAILABILITY AND AUTHENTICITY OF ASSETS YOU PURCHASE THROUGH THE APP. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, VOLAG MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, AVAILABILITY OR AUTHENTICITY OF ASSETS MADE AVAILABLE THROUGH THE APP. YOU PARTICIPATE IN ANY LOYALTY OR REWARD PROGRAM AT YOUR SOLE RISK DISCRETION AND HEREBY ASSUME ALL RISKS RELATED TO SUCH PROGRAMS AND INTERACTIONS WITH THIRD PARTIES.
TOKENS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., STELLAR BLOCKCHAIN). ANY TRANSFER OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G. STELLAR DEX). VOLAG AND/OR ANY OTHER VOLAG PARTY CANNOT AFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY TOKENS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS. YOU SHOULD NOT PURCHASE TOKENS WITH A VIEW TO INVESTMENT, RESALE OR SPECULATION. THERE CAN BE NO ASSURANCE AS TO THEIR PRESENT OR FUTURE VALUE, TRANSFERABILITY OR MARKETABILITY.
YOUR USE OF THE APP, IN PARTICULAR FOR INTERACTING WITH OR TRANSFERRING DIGITAL ASSETS, MAY CARRY RISK. DIGITAL ASSETS ARE, BY THEIR NATURE, HIGHLY EXPERIMENTAL, RISKY, VOLATILE AND TRANSACTIONS TRANSMITTED TO THE BLOCKCHAIN ARE IRREVERSIBLE, FINAL AND THERE ARE NO REFUNDS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL ACCESS AND USE THE APP AT YOUR OWN RISK. THE RISK OF LOSS IN HOLDING, TRADING OR TRANSFERRING DIGITAL ASSETS CAN BE SUBSTANTIAL. YOU SHOULD, THEREFORE, CAREFULLY CONSIDER WHETHER SUCH IS SUITABLE FOR YOU IN LIGHT OF YOUR CIRCUMSTANCES. BY USING THE APP, YOU REPRESENT THAT YOU HAVE BEEN, ARE AND WILL BE SOLELY RESPONSIBLE FOR MAKING YOUR OWN INDEPENDENT APPRAISAL AND INVESTIGATIONS INTO THE RISKS OF A GIVEN TRANSACTION AND THE UNDERLYING DIGITAL ASSETS. YOU REPRESENT THAT YOU HAVE SUFFICIENT KNOWLEDGE, MARKET SOPHISTICATION, PROFESSIONAL ADVICE AND EXPERIENCE TO MAKE YOUR OWN EVALUATION OF THE MERITS AND RISKS OF ANY TRANSACTION CONDUCTED VIA THE APP OR ANY UNDERLYING DIGITAL ASSETS. YOU ACCEPT ALL CONSEQUENCES OF USING THE APP, INCLUDING THE RISK THAT YOU MAY LOSE ACCESS TO YOUR DIGITAL ASSETS INDEFINITELY. ALL TRANSACTION DECISIONS ARE MADE SOLELY BY YOU. NOTWITHSTANDING ANYTHING IN THESE TERMS, WE ACCEPT NO RESPONSIBILITY WHATSOEVER FOR, AND WILL IN NO CIRCUMSTANCES BE, LIABLE TO YOU IN CONNECTION WITH THE USE OF THE APP FOR DIGITAL ASSET TRANSACTIONS. UNDER NO CIRCUMSTANCES WILL THE OPERATION OF ALL OR ANY PORTION OF THE APP BE DEEMED TO CREATE A RELATIONSHIP THAT INCLUDES THE PROVISION OR TENDERING OF INVESTMENT ADVICE.
Electronic Communications
Visiting the App or making any contact to VOLAG or through the App to third parties shall constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the App, satisfy any legal requirement that such communications be in writing.
Modifications
We reserve the right at any time to modify or discontinue any of our services (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinued services.
Payment for Purchases
When making a purchase through the App, payments are made through your Electronic Wallet. You understand and agree that VOLAG will not be held liable for any User’s failure to complete a transaction entered into through the App.
User Generated Content
Users may submit content to the App, including, but not limited to text, photos, audio, and videos (collectively “User Generated Content”).
Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the App’s associated services. User Generated Content posted to public areas of the App, including as comments to posts and reviews, will be publicly visible to all visitors of the App. You expressly acknowledge, however, that VOLAG does not guarantee any confidentiality with respect to any submissions of your User Generated Content.
By submitting User Generated Content to the App, you grant VOLAG a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the App and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the App or its associated services, improving the App or its associated services, and archiving or making backups of the App. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the App, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content that you submit to the App will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
You agree that you are solely responsible for any User Generated Content that you submit to the App. VOLAG acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. VOLAG does not guarantee the confidentiality of any User Generated Content you share through the App with any third party.
VOLAG reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines violates these Terms. VOLAG also reserves the right to terminate a User’s access to the App for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating these Terms, or for no reason, and without prior notice.
Copyright Policy
VOLAG respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this App is the property of VOLAG and are protected by copyright and other intellectual property laws.
By using the App, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.
If you believe that a user of VOLAG has infringed upon your copyright rights, please provide VOLAG with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once VOLAG receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. VOLAG will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to VOLAG with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.
The notice of copyright infringement must be compliant with §512 of the Digital Millennium Copyright Act and must also contain the following:
Conversely, if you are an App user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
Notifications of copyright infringement and counter-notifications may be submitted to:
Round 14 Technologies LLC
legal@volag.io
Prohibited Uses
You expressly agree that you will not use the App to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the App..
Specifically, you are prohibited from:
If you encounter content or witness behavior that you believe is inappropriate and violates these Terms, you may report it to VOLAG by sending an email to: legal@volag.io
Mobile Devices
To the extent you access the App through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. VOLAG is not responsible for any fees or errors that occur while accessing the App via mobile device.
Section 230 of Communications Decency Act
You acknowledge and agree that VOLAG is an interactive computer service provider under Section 230 of the Communications Decency Act. Though VOLAG may edit, remove, or control the content displayed through the App, you agree that VOLAG will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the App or otherwise.
Third Party & Affiliate Links
You understand that the App may contain links to third party websites, applications, or services that VOLAG does not own or control. You agree that VOLAG will not be held responsible or liable for the content of third-party websites, applications, or services and that VOLAG’s inclusion of those websites, applications, or services within its App does not constitute VOLAG’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
No Endorsement
Any reference to commercial products, services and/or websites is not intended to be an endorsement or statement that the information provided by the other party is accurate. VOLAG does not endorse any third party business, commercial product, service or website. The views and opinions of third party businesses, affiliates, contributors, and others expressed on this App do not necessarily state or reflect those of VOLAG and are not intended to be used for endorsement purposes.
Term and Termination
These Terms will remain in full force and effect so long as the App is in operation. VOLAG may terminate these Terms without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of these Terms.
Disclaimer of Warranties
YOUR USE OF THE APP IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT WE DO NOT GUARANTEE THE ACCURACY, SAFETY, INTEGRITY OR QUALITY OF THE APP OR ITS CONTENTS AND YOU HEREBY AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH USE OF THE APP, INCLUDING ANY RELIANCE ON THE APP OR CONTENT PUBLISHED THROUGH THE APP, INCLUDING BY THIRD PARTY BUSINESS USERS, AND INTEGRITY AND ACCURACY OF THE APP.
NOTHING ON THE APP SHOULD BE DEEMED TO CONSTITUTE A RECOMMENDATION TO PURCHASE, SELL OR HOLD, OR OTHERWISE TO CONSTITUTE ADVICE REGARDING, ANY REGISTERED OR UNREGISTERED SECURITY.
SALES OF LOYALTY POINT TOKENS HOSTED ON THE APP ARE NOT INTENDED TO BE AN OFFERING OR SALE OF SECURITIES, SWAPS ON EITHER SECURITIES OR COMMODITIES OR A FINANCIAL INSTRUMENT OF ANY KIND AS MAY BE DETERMINED BY AND LAW, RULE, OR REGULATION. PURCHASES AND SALES OF DIGITAL TOKENS MAY NOT BE SUBJECT TO THE PROTECTIONS OF ANY LAWS GOVERNING THOSE TYPES OF FINANCIAL INSTRUMENTS. BY ACCESSING THE APP, YOU ACKNOWLEDGE AND AGREE THAT VOLAG IS NOT A WALLET PROVIDER, MONEY TRANSMITTER, EXCHANGE, BROKER, FINANCIAL INSTITUTION, CREDITOR, AND DOES NOT ENGAGE IN THE BUSINESS OF EFFECTING SECURITIES TRANSACTIONS OR PROVIDING INVESTMENT ADVICE AND IS NOT REGISTERED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION OR ANY STATE SECURITIES REGULATOR AS A BROKER-DEALER OR INVESTMENT ADVISER AND DOES NOT CONDUCT ANY ACTIVITY THAT WOULD REQUIRE SUCH REGISTRATION.
VOLAG DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE APP. VOLAG PROVIDES THE APP ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
VOLAG WILL NOT BE HELD LIABLE OR RESPONSIBLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR; ANY USE OF DIGITAL TOKENS, CONTENT AND/OR CONTENT LINKED TO OR ASSOCIATED WITH DIGITAL TOKENS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, HACKING, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP OR CRYPTO ASSETS.
NO VOLAG PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G. WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE TOKENS. NO VOLAG PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE TOKENS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.
VOLAG WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE APP, ANY THIRD-PARTY LINKS POSTED ON THE APP, THE AVAILABILITY OF REWARDS, OR ANY CONTENT TRANSMITTED THROUGH THE APP. VOLAG IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION, AND/OR DESTRUCTION OF IDENTITY. VOLAG RESERVES THE RIGHT TO DISCONTINUE THE APP AT ANY TIME.
VOLAG WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE APP AT ANY TIME.
Limitation of Liability
VOLAG, AND ITS SUBSIDIARIES, AFFILIATES, THIRD PARTY LICENSORS AND RELATED COMPANIES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, ASSIGNS (COLLECTIVELY THE “RELEASED PARTIES”) WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE APP, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT THE RELEASED PARTIES CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR THE APP, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO VOLAG, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
THE APP MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. VOLAG IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE APP.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
Indemnification
You agree to hold harmless, indemnify, and defend VOLAG, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the App, your use or provision of any services made through the App, your reliance upon advice provided through the App, your submission of User Generated Content to the App, your violation of these Terms, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend VOLAG under these Terms will not provide you with the right to control VOLAG’s defense, and VOLAG reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify VOLAG.
No Assignment
You acknowledge and agree that you are prohibited from assigning your rights and obligations under these Terms. VOLAG may assign its rights and obligations under these Terms at any time, including but not limited to in a sale of the App.
Jurisdiction, Governing Law, and Resolution of Disputes via Arbitration
These Terms will be interpreted, governed, construed, and enforced in accordance with the laws of the United States of America and the State of Delaware without giving effect to any conflicts of laws principles. The parties submit to and agree to personal jurisdiction in the State of Delaware.
YOU AND VOLAG AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE APP, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THESE TERMS. ARBITRATION UNDER THESE TERMS WILL BE HELD IN THE STATE OF DELAWARE AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF DELAWARE AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND VOLAG AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF DELAWARE. YOU AND VOLAG AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE APP FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND VOLAG AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND VOLAG FURTHER AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND VOLAG ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
Severability
If any provision of these Terms is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
Integration
VOLAG hereby incorporates its Privacy Policy into these Terms. These Terms and the Privacy Policy constitute the entire agreement between the parties with respect to the use of the App. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind VOLAG.
No Waiver
You understand and agree that no term or provision of these Terms will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Child Online Privacy Protection Act
The App is not directed to persons under the age of eighteen (18) and VOLAG will not knowingly collect personally identifiable information from children under the age of eighteen (18) for the creation of User Accounts. If VOLAG inadvertently collects such personally identifiable information outside of the purposes of the App, VOLAG will delete the personally identifiable information in accordance with its security protocols.
Limitation on Actions
VOLAG AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST VOLAG ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Reservation of Rights
All rights not expressly granted herein are reserved to VOLAG.
Notice
Any notice required by these Terms must be in writing and must be emailed to: legal@volag.io