Terms of use

Last Updated: February 28, 2023

1. Acceptance of Terms. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or our Privacy Policy, please do not access or use the Services.

2. Changes to the Terms. We may revise and update these Terms from time to time in our sole discretion. We will notify you of any changes by posting the revised Terms on our Website or through other appropriate means. By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Services.

3. Eligibility. By accessing or using the Services, you represent and warrant that you are at least 18 years of age, or if you are under 18 years of age, you have the permission and supervision of a parent or legal guardian who agrees to be bound by these Terms. You also represent and warrant that you have the legal capacity to enter into a binding contract and that you are not a person barred from receiving the Services under the laws of any applicable jurisdiction.

4. Access to Services. We offer limited, free access to the Services, as well as a paid subscription-based premium access to the Services. By signing up for a paid subscription, you agree to be bound by the specific terms and conditions applicable to the subscription plan you choose.

5. Payment Processing. Our payments are processed by our subprocessor, Paddle. By making a payment through Paddle, you agree to be bound by Paddle's terms and conditions and privacy policy.

6. Refund Policy. All purchases of Services are final, and no refunds will be granted, except in exceptional circumstances. If a user has mistakenly upgraded to a premium access subscription plan and has not utilized any features, they may be eligible for a refund. Additionally, in the unlikely event that the Services are non-functional or inaccessible due to reasons within our control, a refund may be issued upon request. To request a refund, users must submit a written refund request via email to hello@getvoila.ai within 24 hours of the purchase or outage incident, providing the necessary details and evidence for review. Voilà reserves the right to exercise discretion in granting or denying refund requests.

7. User Requests Processing. User requests are processed by our subprocessor, OpenAI. By using the Services, you agree to be bound by OpenAI's terms and conditions and privacy policy.

8. Intellectual Property Rights. All intellectual property rights in and to the Services, including but not limited to any text, graphics, logos, trademarks, or other content, are owned by us or our licensors. You may not copy, reproduce, modify, distribute, transmit, or create derivative works from any part of the Services without our express written permission.

9. User Conduct. You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to engage in any conduct that could interfere with, disrupt, or negatively affect the Services or the servers or networks connected to the Services. If your usage significantly impacts our ability to allocate resources equitably, maintain balanced service, or compromises service quality for other customers, we reserve the right to suspend, terminate, or restrict your session. This may include switching you to a more suitable plan or terminating your service.

10. Hacking. You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Services in any manner. If you in any way Interfere with the Services, you agree to pay or refund all damages incurred by Voilà. Voilà will cooperate with the authorities in prosecuting any User who Interferes with the Site or Services or otherwise attempts to defraud Voilà or any other parties through User's use of the Site or services provided via the Site. Voilà reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User's IP address or addresses at any time, and at our sole discretion to disallow User's continued use of the Services without giving you any advance notice. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

11. Disclaimer of Warranties. The Services are provided "as is" and "as available" without any warranties of any kind, express or implied. We disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
    
    THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

12. Limitation of Liability. In no event shall we, our licensors, or any of our respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of, or inability to access or use, the Services; (b) any conduct or content of any third party on or through the Services; or (c) any unauthorized access, use, or alteration of your transmissions or content, even if we have been advised of the possibility of such damages.
    
    NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. Indemnification. You agree to indemnify, defend, and hold harmless us, our licensors, and our respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your violation of these Terms or your use of the Services, including, but not limited to, any content you submit, post, or transmit through the Services.

14. Termination. We reserve the right, in our sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice, for any reason, including, but not limited to, violation of these Terms. In the event of termination, you will no longer be authorized to access the Services, and we may delete any content or information that you have submitted or posted through the Services.

15. Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms or render the entire Terms invalid, illegal, or unenforceable.

16. Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Entire Agreement. These Terms, together with our Privacy Policy and any other applicable policies, constitute the entire agreement between you and us concerning your access to and use of the Services, and supersede all prior or contemporaneous understandings or agreements, whether written or oral, regarding such subject matter.

18. Contact Information. If you have any questions, concerns, or comments about these Terms or the Services, please contact us at hello@getvoila.ai