End-User License Agreement
Updated at 2022-01-01
Volcera Ltd hereby grants you access to (“the Website”) and invites you to purchase the services offered here.
Definitions and key terms
To help explain things as clearly as possible in this Eula, every time any of these terms are referenced, are strictly defined as:
-Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
-Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to Volcera Ltd, The Premises of Victoria Corporate Agents (Proprietary) Limited, Suite 108, Premier Building, Victoria, Mahe, Seychelles that is responsible for your information under this Eula.
-Country: where Volcera Ltd or the owners/founders of Volcera Ltd are based, in this case is Seychelles.
-Service: refers to the service provided by Volcera Ltd as described in the relative terms (if available) and on this platform.
-Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
-You: a person or entity that is registered with Volcera Ltd to use the Services.
This End User License Agreement (the “Agreement”) is a binding agreement between you (“End User”,“you” or “your”) and Volcera Ltd (“Company”, “we”, “us” or “our”). This Agreement governs the relationship between you and us, and your use of the Company Volcera Ltd. Throughout this Agreement, End User and Company may each be referred to as a “Party” or collectively, the “Parties”.
If you are using the app on behalf of your employer or other entity (an “Organisation”) for whose benefit you utilise the app or who owns or otherwise controls the means through which you utilise or access the app, then the terms “End User”, “you”, and “your” shall apply collectively to you as an individual and to the Organisation. If you use, or purchase a license or to, the app on behalf of an Organisation, you hereby acknowledge, warrant, and covenant that you have the authority to 1) purchase a license to the app on behalf of the Organisation; 2) bind the Organisation to the terms of this Agreement.
By downloading, installing, accessing, or using the app you: (a) affirm that you have all of the necessary permissions and authorisations to access and use the app; (b) if you are using the app pursuant to a license purchased by an organisation, that you are authorised by that organisation to access and use the app(c) acknowledge that you have read and that you understand this agreement; (d) represent that you are of sound mind and of legal age (18 years of age or older) to enter into a binding agreement; and (e) accept and agree to be legally bound by the terms and conditions of this agreement.
If you do not agree to these terms, do not download, install, access, or use the software. if you have already downloaded the software, delete it from your computing device.
The Application is licensed, not sold, to you by Volcera Ltd for use strictly in accordance with the terms of this Agreement.
Subject to the terms of this Agreement and, if applicable, those terms provided in the License Agreement, Volcera Ltd grants you a limited, non-exclusive, perpetual, revocable, and non-transferable license to:
(a) download, install and use the Software on one (1) Computing Device per single user license that you have purchased and been granted. If you have multiple Computer Devices in which you wish to use the Software, you agree to acquire a license for the number of devices you intend to use;
(b) access, view, and use on such Computing Device the End User Provided Materials made available in or otherwise accessible through the Software, strictly in accordance with this Agreement, and any other terms and conditions applicable to such End User Provided Materials;
(c) install and use the trial version of the Software on any number of Computing Devices for a trial period of fifteen (15) unique days after installation.
(d) receive updates and new features that become available during the one (1) year period from the date on which you purchased the license to the Software.
You agree not to, and you will not permit others to:
-License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
-Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
-Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Volcera Ltd or its affiliates, partners, suppliers or the licensors of the Application.
All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the good will associated there with, derivative works and all other rights (collectively, “Intellectual Property Rights”) that are part of the Software that are otherwise owned by Volcera Ltd shall always remain the exclusive property of Volcera Ltd (or of its suppliers or licensors, if and when applicable). Nothing in this Agreement grants you (or any Organisation) a license to Volcera Ltd."’s" Intellectual Property Rights.
You agree that this is Agreement conveys a limited license to use Volcera Ltd."’s" Intellectual Property Rights, solely as part of the Software (and not independently of it), and only for the effective Term of the license granted to you hereunder. Accordingly, your use of any of Volcera Ltd."’s" Intellectual Property Rights independently of the Software or outside the scope of this Agreement shall be considered an infringement of Volcera Ltd."’s" Intellectual Property Rights. This shall not limit, however, any claim Volcera Ltd may have for a breach of contract in the event you breach a term or condition of this Agreement. You shall use the highest standard of care to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorised access. Except as expressly granted in this Agreement, Volcera Ltd reserves and shall retain all rights, title, and interest in the Software, including all copyrights and copyrightable subject matter, trademarks and trademark able subject matter, patents and patentable subject matter, trade secrets, and other intellectual property rights, registered, unregistered, granted, applied-for, or both now in existence or that may be created, relating to the thereto.
You (or the Organisation, if and as applicable) shall retain ownership of all Intellectual Property Rights in and to the work products that you create through or with the assistance of the Software.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Volcera Ltd with respect to the Application shall remain the sole and exclusive property of Volcera Ltd.
Volcera Ltd shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application
Volcera Ltd reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application
Volcera Ltd may from time to time provide enhancements or improvements to the features/ functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that Volcera Ltd has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services").
You acknowledge and agree that Volcera Ltd shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Volcera Ltd does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or Volcera Ltd.
Volcera Ltd may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Volcera Ltd, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your computer.
Termination of this Agreement will not limit any of Volcera Ltd."’s" rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify, defend and hold harmless Volcera Ltd and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: i) your use or misuse of the Software; ii) your failure to comply with any applicable law, regulation, or government directive; iii) your breach of this Agreement; or iv) your agreement or relationship with an Organisation (if applicable) or any third party. Furthermore, you agree that Volcera Ltd assumes no responsibility for the information or content you submit or make available through this Software or the content that is made available to you by third parties.
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Volcera Ltd, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Volcera Ltd provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Volcera Ltd nor any Volcera Ltd."’s" provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Volcera Ltd are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Volcera Ltd and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall Volcera Ltd or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Volcera Ltd or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Amendments to this Agreement
Volcera Ltd reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The laws of Seychelles, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Changes to this agreement
We reserve the exclusive right to make changes to this Agreement from time to time. Your continued access to and use of the app constitutes your agreement to be bound by, and your acceptance of, the terms and conditions posted at such time. You acknowledge and agree that you accept this Agreement (and any amendments thereto) each time you load, access, or use the app. Therefore, we encourage you to review this Agreement regularly.
If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you may withdraw your acceptance to the amended terms by providing us with written notice of your withdrawal. Upon providing us with the written notice of the withdrawal of your acceptance, you are no longer authorised to access or use the app.
No Employment or Agency Relationship
No provision of this Agreement, or any part of relationship between you and Volcera Ltd, is intended to create nor shall they be deemed or construed to create any relationship between you and Volcera Ltd other than that of and end user of the app and services provided.
You acknowledge and agree that your breach of this Agreement would cause Volcera Ltd irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Volcera Ltd may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent the actual, threatened or continued breach of this Agreement.
The headings in this Agreement are for reference only and shall not limit the scope of, or otherwise affect, the interpretation of this Agreement.
The Company is based in Seychelles and provided for access and use primarily by persons located in Seychelles, and is maintains compliance with Seychelles laws and regulations. If you use the app from outside Seychelles, you are solely and exclusively responsible for compliance with local laws.
Limitation of Time to File Claims
Any cause of action or claim you may have arising out of or relating to this agreement or the app must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
The Agreement constitutes the entire agreement between you and Volcera Ltd regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Volcera Ltd.
You may be subject to additional terms and conditions that apply when you use or purchase other Volcera Ltd."’s" services, which Volcera Ltd will provide to you at the time of such use or purchase.
Don't hesitate to contact us if you have any questions about this Agreement.
-Via Email: email@example.com
Please note that the scope of this Policy is limited solely to your user information (including your personal details) collected or received by Volcera when you are using the Sites and the Services. In this Policy, "personal details" refer to information that either identifies you or that can be used to identify you when used in association with other personal information that Volcera can access, including your name, address, phone number and email address.
BY USING OUR SITES AND OUR SERVICES, YOU ARE EXPRESSING YOUR CONSENT TO THIS POLICY AND THE COLLECTION, PROCESSING, DISCLOSURE AND SHARING OF YOUR USER INFORMATION, INCLUDING YOUR PERSONAL DETAILS, IN THE MANNER PROVIDED IN THIS POLICY. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS POLICY OR ANY SUBSEQUENT CHANGES TO THIS POLICY, PLEASE DO NOT USE OUR SITES OR OUR SERVICES.
The Information We Collect
In order to provide and improve the Sites and Services, Volcera will collect, to the extent permitted by laws and only when you are browsing the Sites or using certain functions and Services, your personal details and user information in accordance with this Policy. If you do not provide this information, we may be unable to provide you with our products or Services.
The Information You Provide to Us
When you use the Sites or the Services, we might recommend you sign up for a Volcera ID ("Volcera ID") to take full advantage of the Sites, the Services and all their features. When you create a Volcera ID, we will collect certain information that can be used to identify you, such as your Volcera ID user name and mobile phone number and so on ("personal details").
When you use our Services on your mobile device, we will collect information about your device, including its International Mobile Equipment Identity ("IMEI"), Identifier for Advertising ("IDFA") and Identifier for Vendor ("IDFV"), Integrated Circuit Card Identifier ("ICCID"), Media Access Control ("MAC") address, model and resolution, which will be used by us to calculate the number of devices that use our products and Services and analyze data on device models and graphics adaptation.
When you use the Sites or the Services online, we will collect information about the network you use, including the name of the operator and the type of network, so as to understand the distribution of operators and networks used by our users. In addition, we will collect information such as the name of the WiFi to which you connect and the duration of your WiFi connection to understand the scenarios in which you use our Services.
We will collect your Location Information, including the country code, latitude and longitude, network location, IP address and the system country and system time zone recorded on your device. This information will help us understand user distribution and usage scenarios, and allow us to provide users with the correct version of our apps and better services. Except as otherwise provided in this Policy, we will not share this Location Information with any third parties. If you no longer wish to allow us to collect or use such information, you may turn off your Internet access or GPS, or disable our access to information about your network, GPS and device.
When you use some of the Services, including generating and browsing certain content, we will automatically collect certain relevant log information stored in Volcera’s Apps ("Log Information"). Log Information may include (i) details on when and how often you use the Services, (ii) device statistics, including critical operation paths, errors, crashes, language and time zone. This Log Information is used to improve the Services and is NOT USED to identify our users individually.
We may include advertisements within our Services, and we may collect and use information about you such as your device identifier, MAC address, IMEI and geographic location and IP address for the purpose of tracking these advertisements. We will use this information to create a unique user account to help us better count and track advertisements based on language, geographic location and other details. We will not sell this information to third parties.
Information Collected by Third Party Services
Information Collected as Part of User Experience Programs
We may launch a user experience program on our products to improve our products and services and improve user experience. You may choose to join and leave such user experience programs at any time. After you have agreed to join a user experience program and before you choose to leave the program, we will collect your information in accordance with the program. This information will be used by us to better understand and improve our technologies and Services and will not be used to identify you.
We may also collect other information which is not related to your identity. For example, we may collect information on the type and version number of your operating system to better understand system upgrades, we may collect information on your system language for the purpose of language adaptation, and we may collect your App list to understand user preferences. If we choose to collect such information, we will do so for the purpose of improving our Services provided to you.
How We Use Information
We collect user information and personal details so that we can provide our products and Services to you and ensure our compliance with relevant laws. We will use your user information and personal details as provided under "The Information We Collect" for the following purposes:
(i) Services. To provide, process, maintain, improve and develop our Sites and/or our Services provided to you, including customer support, and other services provided through our devices or our Sites.
(ii) Statistical analysis. To develop and analyze statistics on the use of our products and Services for the purpose of improving our products and our Services.
(iii) To create a Volcera ID. The personal details that we collect when you use our Sites or Services to create a Volcera ID will be used by us to create your Volcera ID and profile.
(iv) To provide location-based services. When you use our Services, we or third party service providers may take advantage of your location information to provide you with the correct version of our Services and help you gain good user experience.
(v) To improve user experience. Certain optional features such as user experience programs allow Volcera to analyze data regarding the use of our products and our Services and improve user experience.
(vi) To provide push services. Volcera ID numbers and device information may be used by us to provide push services to assess the performance of adverts and the success of software updates, or provide notifications on new product releases. You may turn off this feature at any time by changing your preferences under "Settings".
(vii) To verify your identity. Verifying your identity using a text message when you log in to your account helps prevent unauthorized logins to your account. We are required by law to verify your identity once you enable the live video broadcasting feature.
(viii) To collect feedback from you. Your feedback is of great value in helping Volcera improve our Services. To keep track of your feedback, Volcera may use the personal details provided by you to contact you and retain the records.
(ix) Other purposes. We will store and maintain information about you for the purpose of running our operations and satisfying our legal obligations.
Information Sharing and Disclosure
We will not sell any personal details to third parties. We have no right to share with or disclosure to third parties your personal details in whole or in part except for the purposes of:
(i) protecting the security of others or their property;
(ii) preventing or dealing with Internet fraud;
(iii) safeguarding the legitimate rights and interests of Volcera;
(iv) taking action in line with our purposes as described in the "The Information We Collect" section, provided that recipient of any such disclosure by us is also bound by this Policy and can provide adequate protection for your information; and/or
(v) complying with laws and regulations or requests by government departments or judicial authorities, which are typically designed to uphold Internet security and the rights, property and safety of us, our users and third parties.
We will take reasonable measures to prevent the loss, improper use of, unauthorized access to or disclosure of information. For example, some of our Services will use encryption techniques (such as SSL) to protect your personal details. However, you understand and accept that (in the Internet industry) even though we will take all possible security measures, we cannot always guarantee that your information is 100% secure. You understand and accept that the system and communication network used by you to access our Services may fail due to factors beyond our control.
Information Access and Control
We will take all reasonable and appropriate technical measures to ensure that you can access, update and correct your personal details or other personal details provided to us by you when using our Services. Before you access, update, correct or remove such personal details, we may verify your identity in order to protect the security of your account.
Data Retention and Deletion
Subject to applicable laws and regulations, we will retain your information (including your personal details) pursuant to the "How We Use Information" section or for as long as needed to provide you with our Services. If you wish to withdraw your consent to our collection, use and disclosure of your personal details or wish us to delete your personal details, you may send an email to firstname.lastname@example.org. We will process your request within a reasonable period of time after receiving your email, and will cease collecting, using and disclosing your personal details thereafter. Please note that if you withdraw your consent or delete your personal details, your use of some of our Services may be influenced.
Information about Children
We will not knowingly collect or request personal details from children under 13 (or any other age stipulated by law applicable to your region). If you are under 13, please do not send your personal details to us, including your name, address, phone number or email address. If you believe we may have any information about children under 13, you may send an email to email@example.com.
Your Consent to Cross-border Data Transfers
You understand and agree that (i) we may store the information (including personal details) collected by us under this Policy on a server in the US or other countries, which requires the transfer of information across national borders, and (ii) we may transfer the information collected by us to our affiliated or controlled companies or other third parties. Please note that such countries or regions may not provide the same level of data protection as provided in your country or region, and you agree to our transfer of your information to the US and our use and disclosure of your information (including personal details) under this Policy.
This Policy is established, comes into force, and shall be enforced and interpreted under the law of the Sychelles. Any disputes arising hereunder shall also be resolved in accordance with the law of this jurisdiction. We do not represent or warrant that this Policy complies with the privacy law of any jurisdiction. Therefore, you should not interpret this Policy in accordance with such law.