Terms Of Use

Setting the standards for a safe and positive experience.

­Volo Technologies Group’s Terms of Use

Effective August 31, 2022

Overview

The terms of use herein are contracted by and between you (“you”, “user” or “customer”) and Volo Technologies Group Inc. and/or its subsidiaries or affiliates (collectively, “Volo Technologies”, “we” or “us”). The terms and conditions detailed below, along with any documents expressly incorporated by reference (collectively, the “Terms of Use”) govern your use of our website located at www.voloapp.ca, or our web-based or mobile applications (collectively, the “Site”) and any related services, including access and/or use of our services through the websites and/or mobile applications of any of our third-party financial institution partners (collectively, the “Services”).

Your access or use of the Site and/or Services will be deemed as an agreement to be bound by the terms and conditions of these Terms of Use in addition to the terms of the Volo Technologies Privacy Policy (incorporated herein by reference), as they both may be revised from time to time in the future.

You acknowledge and agree that these Terms of Use include a binding arbitration provision which requires you to submit to binding and final arbitration on an individual basis to resolve disputes, as opposed to a jury trial or class action (see Arbitration, below), a provision that limits Volo Technologies’ liability to you (see Limitation of Liability, below) and a provision through which you authorize Volo Technologies to debit and credit to and from third-party financial institutions on your behalf (see Authorization to act as your Agent, below).

You acknowledge and agree that Volo Technologies is not a bank, financial institution, financial planner, broker or asset manager. Neither the Site nor any of the Services provided are intended to be tax, financial, or legal advice. Although the Services provided by Volo Technologies may provide support with manage your finances, it is our recommendation that you consult with a professional financial advisor and/or a lawyer who is familiar with your individual circumstances and goals before making any significant decisions or changes with regards to your personal financial strategy.

You acknowledge and agree that Volo Technologies is not responsible for the accuracy of financial information, products or services of Third-Party Financial Institutions (as defined below) or for the accuracy of the data retrieved from third-party sites that are reported or displayed through the Site or Services.

You acknowledge and agree that if you do not agree to the provisions outlined in these Terms of Use, then you may not access or use the Site or Services.

You represent and warrant that you are at least eighteen years of age, and that you have the capacity, authority and right to enter into these Terms of Use, both on behalf of yourself and/or the entity that you represent (if any).

Please note that from time to time, we may revise or update these Terms of Use in our sole discretion by posting the revised Terms of Use on the Site. Your continued use of the Site and/or Services will be considered acceptance to any revised or updated Terms of Use. We therefore encourage you to read this agreement carefully and regularly check the Site for any revisions or updates to the Terms of Use.

Access to the Site and/or Services

Subject to the terms and conditions herein, Volo Technologies grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Services strictly for your own personal, non-commercial use.  From time to time, we may alter the Site and/or Services provided for any reason in our sole discretion.  Without prior notice, we may cancel your account, delete any content or data that you have provided, and/or ban you from accessing or using any portion of the Site for any reason in our sole discretion.

It is your responsibility to acquire any devises (such as a mobile phone) or services (such as internet access) that are needed to access or use the Site and Services. We will not be responsible or liable for any updates, changes, fees, or contractual terms that you may incur or be required to accept in order to acquire any such equipment or services (including, but not limited to, your mobile phone and telecommunications providers and/or your internet service providers).

As outlined in our Privacy Policy, when you access or use the Site and/or Services, we may collect specific information about you, including personally identifiable data. Please note that we take your privacy and the security of your data seriously. Please review the Volo Technologies Privacy Policy carefully to understand how we collect, use, and share your information.

Although we endeavor to consistently provide uninterrupted experiences, your access and use of the Site and/or Services may from time to time be disrupted for any number of reasons, including, but not limited to, periodic updating, third-party service outages, malfunction of equipment, maintenance or repair of the Site and/or Services or associated equipment, and/or other actions that Volo Technologies, in its sole discretion, may choose to take. Volo Technologies be not be responsible or liable to any party for any costs, losses, or damages that result from any unscheduled or scheduled downtime of the Site and/or Services.

You acknowledge and agree that the sole and exclusive remedy available to you for any non-performance or failure of the Site and/or Services, including any related software or other materials provided in connection with the Site and and/or Services, shall be for Volo Technologies to use reasonable efforts to undergo an adjustment or repair of the applicable site, service, or equipment.

Volo Technologies is unable to anticipate or forecast every technical issue and/or other difficulty which may occur.  From time to time, such technical issues or other difficulties may result in

  • an inability to access your account Information or other data,
  • a loss of your account information or other data,
  • a loss of your personalized settings on the Site and/or Services, or
  • other disruptions to accessing the Site and/or Services.

You acknowledge and agree that Volo Technologies will not be held responsible or liable for the availability, timeliness, or accuracy of your account information obtained on your behalf from third-party financial institutions or technology providers, or any other third-parties used to provide information for the Site and/or Services. Volo Technologies unequivocally assumes no responsibility for the accuracy, availability, timeliness, deletion, loss, non-delivery, or failure to store any of your information, communications or Site settings.

Your Volo Technologies Account

In order to be able to access the features and services of the Site and/or Services, you are required to create a Volo Technologies account (“User Account”).  While creating your User Account, you agree to provide accurate, current, and complete information.  You also agree to update and maintain your personal information as needed in order to keep it accurate, current, and complete. It is your sole responsibility to preserve the confidentiality of your User Account (including your password) and to restrain access to devices you use to access the Site and/or Services.  

A condition of creating your User Account is your ownership of a valid government-issued identification.  Under certain circumstances, we may be required to verify your identity. As such, you authorize Volo Technologies to make any inquiries we deem necessary to validate your identity either directly, or through third-party service providers.  Such inquiries may include, but are not limited to, asking you for additional information, requiring you to take steps to confirm ownership of your email address or financial accounts, or verifying data you provide us against third-party databases or through other means.  If you choose not to provide the required information, or if Volo Technologies is unable to verify your identity, we may refuse to allow you to create a User Account or to access or use the Site and/or Services.

You acknowledge and agree to be responsible for any and all activities that occur under your User Account.  If you suspect or believe that your User Account security has been compromised (for instant, in the event of theft, loss, or unauthorized disclosure or use of your ID, password, or any financial account numbers), you agree to notify us immediately. You may be held liable for any losses or damages incurred by you, Volo Technologies or others due to the unauthorized use of your User Account.

Authorization to Act as Your Agent

The section below authorizes Volo Technologies (among other things) to act as your agent for the purposes of initiating financial transactions (and outlines the terms for revoking such authorization).  Some of the Services we provide require us to collect information about you (“Account Info”) from third-party financial institutions or third-party payments providers which you have legally binding customer relationships with (each, a “Third-Party Financial Institution”).  By using the Site and/or Services, you explicitly authorize and direct Volo Technologies, on your behalf, to digitally retrieve Account Info from Third-Party Financial Institutions.  Subject to the terms and conditions of our Privacy Policy, Volo Technologies may work with third-party financial services providers to obtain such Account Info.

You authorize Volo Technologies to share your identity and Account Info with third-party financial institutions with which you have accounts held for the purposes of operating and supporting your account activities (including Services) and are responsible for the completeness and accuracy of that data.

In order to use the payment functionality of our Site and/or Services, you must open a “Dwolla Account” provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla’s financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us to collect and share with Dwolla your personal information including full name, [date of birth, social security number, physical address,] email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla Account activity, and can be reached at www.voloapp.ca, help@voloapp.ca and/or (416) 567-0360.”

Certain Services we provide require your authorization to initiate Automated Clearing House (“ACH”) transactions between Volo Technologies and accounts held for your benefit by Third-Party Financial Institutions. You agree to authorize Volo Technologies to initiate ACH transactions within your accounts with Third-Party Financial Institutions and your account with Dwolla (as detailed below), both in response to your direct request and/or automatically at scheduled times based on instructions you provide (e.g., when you establish weekly, monthly, or other periodic rules-based transfers).

ACH transfers initiated between your accounts held with one or more Third-Party Financial Institutions will be executed as two separate transactions. First, we will debit the amount of your requested transfer from the originating account. Second, we will credit the same amount, less any fees charged by the Third-Party Financial Institutions or by us (as set forth in these Terms of Use), to the recipient account.  You are solely responsible for ensuring that sufficient funds are available in the originating account in order to complete the transfer.  If there are no sufficient funds available in your originating account to cover a transaction you initiate through the Services, or if there is a chargeback, we may take actions we deem appropriate and/or necessary, including but not limited to, reversing the credit to the recipient account, if possible, or withdrawing funds from your account to cover the cost of the transaction and/or any other fees or losses incurred by us as a result of the insufficient funds or chargebacks.

You acknowledge and agree that, in order for Volo Technologies to provide to you Services that may require us to initiate ACH transactions as described herein, Volo Technologies will not be responsible or liable for any third-party fees or costs that may be incurred as a result of the transactions you authorize us to execute on your behalf, including but not limited to third-party fees associated with having insufficient funds in your accounts with Third-Party Financial Institutions.

You acknowledge and agree that the authorizations contained herein represents your express written authorization for ACH transactions, and that these authorizations will remain in full effect unless you notify us that you would like to revoke them.  You also acknowledge and agree that Volo Technologies will require a commercially reasonable notice period in order to process your revocation and may require at least three (3) at previously authorized transaction.

You acknowledge and agree that, in order for Volo Technologies to provide to you Services that may require us to initiate ACH transactions as described herein, you explicitly waive your right to receive prior notice of the date and amount of each debit and/or credit transaction.

In order to detect fraud, money laundering and/or other criminal activity, we may impose specific limitations on your User Account including your ability to transfer funds in or out of your account with Third-Party Financial Institutions.  Additionally, we may impose specific limits on the amount of funds you can transfer in a single transaction and/or in a given time period (for example, a day). While having no obligation to do so, we will attempt to communicate these limits to you through the Site and/or Services. I our sole discretion, Volo Technologies reserve the right to modify applicable limits as we see fit.  Finally, we reserve the right to cancel or reverse any transactions that we reasonably suspect to be fraudulent or otherwise violate these Terms of Use even after funds have been debited from your Third-Party Financial Institution account.

As we currently only support Third-Party Financial Institutions based out of the United States, you will not be able to utilize the functionality of the Services, including initiating or executing any transfers or other transactions with respect to any Third-Party Financial Institutions outside of the United States.

Dealings with Third-Party Financial Institutions and Others

You may request Volo Technologies to obtain your data from Third-Party Financial Institutions with which you have an existing customer relationship, where you hold an account, or where you perform financial transactions.  Additionally, Volo Technologies may engage one or more third-party service providers or online services to access your Account Info on your behalf.  Please note that Volo Technologies does not review Account Info for accuracy, legality, or non-infringement. Volo Technologies is not responsible or liable for the Account Info or for any services or products offered on or by any third-party sites (including those of Third-Party Financial Institutions).  Third parties that interact with Volo Technologies may require you to accept or agree to additional terms of use with respect to their software or services. In the event that the use of any third-party software or services results in you entering the site of such a third-party service provider, please note that you will be subject to the privacy policy and terms of use of that third-party service provider. We strongly recommend that you review such terms carefully.

Parts of the Site and/or Services may include links to other sites belonging to Volo Technologies advertisers, marketing affiliates, or other third parties. These links are provided to you as a convenience. Volo Technologies does not endorse, warrant, or guarantee the services or products offered through any such links whether sponsored or not.  Volo Technologies is not a broker or an agent or otherwise responsible for the operations or policies of any such sites.

Parts of the Site and/or Services may include sponsored links from advertisers. The Site may display certain offers or opportunities to acquire services or products customized for you based on information available to Volo Technologies through the Site and Services. We may disclose if a particular offer is sponsored or otherwise provided by a third party.

If through the use of the Site and/or Services you access the sites of Third-Party Financial Institutions, please note that you will be subject to the privacy policies and terms of use and for those sites. Volo Technologies again strongly recommends that you review such terms carefully before undertaking the access.

If you choose to purchase or use products or services from third parties whose links appear on the Site and/or Services, please note that you are subject to the terms and conditions of their privacy policies and terms of use.  Volo Technologies is not responsible or liable for any products, services, sites, or other offerings of any third parties beyond our control, including, without limitation, any Third-Party Financial Institutions, third parties that Volo Technologies engages to access your Account Info, or any third-party marketing affiliates or advertisers.

Volo Technologies does not guarantee the accuracy or validity of the terms of any offers, plans, or rewards offered to you through links on the Site.  Information related to any links found on the Site are provided by the third parties, and any associated offers are subject to the third parties’ review of your information. Volo Technologies may receive compensation from third parties impacting the availability and placement of links found on the Site and/or Services.

Consent to Electronic Communications

By creating a User Account, you explicitly consent (to the fullest extent permitted by applicable law) to receive all notices and information digitally via emails, push notifications, text message, and/or other similar systems.  This consent applies to all communications that we may be required to send or provide to you in paper form or by regular mail.  Nonetheless, Volo Technologies reserves the right to communicate with you in paper form or by regular mail.

You may choose to opt out of receiving certain types of communications (such as marketing or promotional materials) by following the unsubscribe or opt-out instructions included with those communications or by contacting us at help@voloapp.ca.

Service Fees and Payment

Features or uses offered through the Site and/or Services may be offered only to paying customers. If you choose to sign up for a paid tier User Account or upgrade a free tier User Account to a paid tier account, you hereby authorize us to withdraw fee balances directly from your linked account with the Third-Party Financial Institution.

Current pricing for paid tier User Accounts will be listed on the Site and/or Services. Volo Technologies reserves the right, in its sole discretion, to revise or update the pricing terms for the Site and/or Services, or for any additional products or services that we may offer by posting the updated pricing on the Site and/or Services. Although we may choose to notify you regarding changes to pricing to those services, it is your sole responsibility to monitor the Site to remain aware of the most updated pricing.  Any continued use of the Site and/or Services after the effective date of any pricing updates will be deemed regarded as acceptance to the changes.

User Code of Conduct

You acknowledge and agree to comply with the obligations and restrictions listed below with regards to your use of the Services:

  • You must preserve the security and confidentiality of your User Account information and all devices through which you access your User Account.
  • You must comply with all applicable laws:
– in all communications you send through the Site and/or Services,
– in all transactions you execute or authorize us to execute on your behalf, and
– in any other ways applicable to your access, use, or interaction with the Site and/or Services or with and Volo Technologies.
  • You may only use the Services for your own personal, non-commercial use:  you may not do so for the benefit of or on behalf of any third party.
  • Without in anyway limiting your obligations pursuant to the previous stated, you must not use the Services to engage in any
– gambling,
– identity theft,
– pyramid schemes,
– money laundering,
– intellectual property infringement,
– sale of counterfeit goods or materials,
– sale of narcotics and controlled substances,
– violations of sanctions programs administered by the U.S. Department of Treasury’s Office of Foreign Asset Control (OFAC) or any other agency, or
– any other illegal actions.
  • The Site and/or Services, along with all content on the Site (including, but not limited to, any images, logos, graphics, photographs, buttons, text, editorial content, notices, software, computer programs and other materials) (“Volo Technologies Content”) are protected by applicable trademark, patent, copyright, trade secret and other intellectual property laws.  Volo Technologies reserves all rights and remedies thereunder.
  • Except for provisions defined in these Terms of Use, you may not use, reproduce, rent, sell, license, transmit, distribute, download, display, publish, modify, decompile, disassemble, reverse engineer, or otherwise exploit Volo Technologies Content in any way or by any means. Without limiting the aforementioned, you further agree not to (nor allow any third party to):
– use any part of the Site and/or Services, or Volo Technologies Content to provide or incorporate any part of the Site and/or Services or Volo Technologies Content into any product or service provided to a third party;

– provide access to, copy, lease, rent, license or sublicense any portion of the Site and/or Services, or Volo Technologies Content to a third party;

– disassemble, decompile, reverse engineer, or otherwise attempt to obtain the source code of the Site and/or Services, or Volo Technologies Content;

– use any scrapers, spiders, robots, or other manual or automatic processes, devices or means to access the Site and/or Services, or to copy any Volo Technologies Content, except as expressly authorized by us;

– modify Volo Technologies Content, the Site and/or Services, or attempt to create any derivative product or service from any of the foregoing; or

– obscure or remove any proprietary or other notices on the Site and/or Services, or Volo Technologies Content.
  • You acknowledge and agree not to (and not to allow any third party to):
– use the Site and/or Services in any way that is illegal, fraudulent, deceptive, threatening, harmful, obscene, harassing, defamatory, or otherwise objectionable, as we may determine in our sole discretion;

– attempt, in any manner, to acquire the password, username, User Account, or other security information from any other user of the Site and/or Services;

– take any actions that impose or may impose (in our sole determination) a disproportionately large or unreasonable load on the Site and/or Services or our infrastructure;

– utilize any software, device, or program that will disrupt or attempt to disrupt the functionality of the Site and/or Services;

– attempt, in any manner, to compromise the security of any computer networks or hack any passwords or security encryption codes; or

– post or transfer any files or emails which contain viruses, worms, Trojan horses, or any other damaging or destructive elements.

In order to ensure compliance with these terms, we may monitor your use of the Site and/or Services.  If we determine, in our sole discretion, that you have violated any of these terms, we may immediately, and without notice to you, terminate your User Account and your access to the Site and/or Services in addition to any other rights we may have.

Account Termination

If you decide to terminate or delete your account, you may do so as long as you do not have any active loans or any Obligations under any Loan Agreements between you and each of your loan counterparts.  In order to terminate your account, you must ensure that each of your active loans are either repaid in full, canceled, closed or forgiven with permission from the corresponding loan counterparts.  You acknowledge and agree that upon termination of your account, you will discontinue having access to the records of your loans or transactions. Upon termination of your account, we may (under no obligation) delete your account information stored on our servers.  You acknowledge and agree that Volo Technologies will not be held liable to you, your loan counterparts, or any other third party for damages, reimbursement or compensation due to the termination or suspension of your account, or the deletion of your account information.

Loan Agreements

You acknowledge and agree that by using the Site and/or Services (including, but not limited to, the use, adoption, copying, or other application of the Loan Agreement generated on the Site and/or Services) you warrant and represent that you have full legal capacity, authority, power, and right to enter into the Loan Agreement with each of your loan counterparts, and to perform all the Obligations under each agreement.

Generally, Loan Agreements signed by you and each your loan counterparts will be enforceable in courts; however, Volo Technologies does not guarantee that Loan Agreements will be enforceable in every case. To the fullest extent permitted by applicable law, Volo Technologies, its officers, directors, employees, agents, affiliates, partners, suppliers or licensors will not be held liable for the enforceability (or lack thereof) of any Loan Agreements signed by you, and each of your loan counterparts.

Cash Collateral

Pursuant to the Loan Agreements between you and each of your loan counterparts, you hereby acknowledge and agree that as security for payment of all Obligations that you have under the Loan Agreements between you and each of your loan counterparts, you hereby irrevocably assign and pledge to Volo Technologies all Cash transferred into a Cash Collateral Account, all Collateral as defined by the terms of the Loan Agreement between you and each of your loan counterparts.  All cash or other investments held or carried in the Cash Collateral Account shall not be available for use by you.

Remedies Upon Default

You hereby acknowledge and agree that if any amount payable by you pursuant to the Obligations of the Loan Agreement between you and each of your loan counterparts is not paid when due (whether upon demand, at stated maturity, by acceleration or otherwise), Volo Technologies may, by giving five (5) Business Days’ notice to you

  • charge, set-off and otherwise apply all or any part of the Cash Collateral against the Obligations then due (or which become due) or any part thereof or exercise in respect of the Collateral, in addition to other rights and remedies provided for herein, all the rights and remedies of a secured party
  • sell, redeem, collect or otherwise realize on the Collateral or any portion thereof in one or more parcels at public or private sale, at its offices or elsewhere, for cash, on credit or for future delivery and on such other terms as Volo Technologies may deem commercially reasonable and without notice or demand except to the extent required by law (and if any such notice may be required by law you agree that at least 5 Business Days’ notice shall constitute reasonable notification).

Any cash held by Volo Technologies as Collateral and all cash proceeds received by Volo Technologies with respect to any sale of, collection from, or other realization upon all or part of the Collateral may, in the sole discretion of Volo Technologies, be applied in whole or in part by Volo Technologies against all or any part of the Obligations then due (or which become due) in such order as Volo Technologies reasonably sees fit.  Any surplus of such cash or cash proceeds held by Volo Technologies and remaining after payment in full of all Obligations after expiry or termination of all Loan Agreements shall be paid to you or to whoever may be lawfully entitled to receive such surplus.

Maintaining the Cash Collateral Account

You hereby acknowledge and agree that so long as any Obligations that you have under Loan Agreements between you and each of your loan counterparts are outstanding, Volo Technologies will deposit and maintain at all times an amount in the Cash Collateral Account equal to one hundred percent (100%) of the Cash Collateral amount received.

Collateral Representations and Warranties

You hereby acknowledge and agree that:

  • the delivery, performance and execution of any Loan Agreement between you and each of your loan counterparts has been duly authorized by all necessary action, and does not violate any laws or regulations applicable to them, or contravene any credit, loan, or other agreement to which you or any of your loan counterparts are a party,
  • you are the legal owner of the Collateral free and clear of any charge, lien, or other security interest or encumbrance except for the security interest created by the Loan Agreement,
  • your Loan Agreement constitutes a valid, legal, and binding obligation enforceable in accordance with its terms, except as the enforceability thereof may be limited by applicable insolvency, bankruptcy, reorganization or other similar laws affecting creditors’ rights generally (regardless of whether the issue of enforceability is considered in a proceeding in equity or at law), and creates in favor of each of your loan counterparts a perfected, first priority security interest in the Collateral, enforceable in accordance with its terms,
  • no consent, permit, license, approval or authorization of any other person or entity, or registration, filing or declaration with, any governmental authority is required in connection with the delivery, performance, validity, execution, or enforceability of this Agreement and/or any Loan Agreement between you and each of your loan counterparts by or against you, other than the consents that have already been obtained and are in full force and effect, and
  • there is no action, litigation, suit, investigation, inquiry or other proceeding presently pending (other than Bankruptcy Proceeding) which could affect the value of the Collateral or, to your knowledge, threaten against your assets or properties, by any arbitrator or governmental authority, and that no preliminary or permanent order or injunction by a state or Federal court has been entered in connection with this Agreement and/or any Loan Agreement between you and each of your loan counterparts.

Collateral Covenants

You hereby acknowledge and agree that:

  • You will not sell, transfer, assign, exchange, or otherwise dispose of, or grant any option with respect to, the Collateral, or incur or permit to exist any lien on, or any claim by any person with respect to, any of the Collateral, or any interest therein, with exception to the security interest created pursuant to this Agreement and/or any Loan Agreement between you and each of your loan counterparts.
  • You will maintain the security interest created by this Agreement and/or any Loan Agreement between you and each of your loan counterparts as a perfected first priority security interest, and defend the rights, titles and interests of each of your loan counterparts in and to the Collateral against the claims and demands of any other person or entity.
  • Upon the written request of Volo Technologies, and at your sole expense, you will promptly and duly execute and deliver any documents and take such further actions as Volo Technologies reasonably sees fit to request for the purposes of preserving the full benefits of this Agreement and/or any Loan Agreement between you and each of your loan counterparts and of the rights and powers granted therein.

Continuing Security Interest

You hereby acknowledge and agree that this Agreement shall create a continuing security interest in the Collateral that will remain binding upon you in full force and effect until the payment in full of all Obligations under any Loan Agreement between you and each of your loan counterparts.  Upon payment in full of all Obligations under any Loan Agreement between you and each of your loan counterparts, you shall be entitled to the return of the Collateral pursuant to the terms of the Loan Agreement.

It is the intention of the parties hereto that the security interests created hereby in favor of each of your loan counterparts shall continue from and after the Loan Agreement Date to constitute continuing, perfected first priority security interests in the Collateral, as security for the Obligations.  Accordingly, effective on the Loan Agreement Date, you confirm that you have granted, and hereby grant, to each of your loan counterparts, a security interest in all right, title and interest in the Collateral Account and in all cash, investments, security entitlements and other investments held or carried at any time in the Collateral Account, as security for the Obligations.

Further Collateral Assurances

You hereby authorize Volo Technologies to record and/or file financing statements and other documents with respect to the Collateral without your signature in such form and in such offices as Volo Technologies reasonably sees fit to perfect the security interests granted under this Agreement, and/or any Loan Agreement between you and each of your loan counterparts.  A portable document format (.pdf) or other electronic reproduction of this Agreement designed to preserve the original graphic and illustrated appearance shall be sufficient as a financing statement or other document for filing or recording in any jurisdiction.

Amendments

No amendment or waiver of any provision of this Agreement and/or any Loan Agreement between you and each of your loan counterparts nor shall any consent to departure by you therefrom be effective in any event unless the same is in writing and signed by each of your loan counterparts, and then such waiver or consent shall be effective only in respect to the specific instance and for the specific purpose given.

Loan Repayments

Volo Technologies does not represent, warrant, or guarantee the repayment, either in part, or whole, of any loans made using the Site and/or Services.  You acknowledge and agree that you are entering into a Loan Agreement with each of your loan counterparts at your own risk, and that any loans facilitated on the Site and/or Services are unsecured, and bear the risk of non-repayment.

By using the Site and/or Services, you agree to indemnify, defend, and hold Volo Technologies, its officers, directors, employees, agents, affiliates, partners, suppliers or licensors harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney’s fees and alternative dispute resolution costs, for any unpaid, underpaid, or unrepaid loans, or other loan defaults, either in part or whole, to the fullest extent of applicable laws. 

Financial Decisions

You acknowledge and agree that Volo Technologies is not a provider of investment, legal, tax, accounting or other professional advice, and that you should not rely on any reports, data or other information provided through the Site and/or Services for making financial decisions.  It is your sole responsibility to consult with an appropriate professional for specific advice tailored to your situation and/or to verify the accuracy of any information provided the Site and/or Services prior to making any financial decisions.  Any information provided on the Site and/or Services does not constitute investment, legal, tax, accounting or other professional advice.

Indemnity

You acknowledge and agree to indemnify, defend, and hold harmless Volo Technologies and each of its directors, officers, employees, stockholders, subcontractors, agents, successors and assigns from and against all claims, actions, damages, suits, obligations, losses, liabilities, costs, fees, charges, and any other expenses whatsoever including reasonable attorney’s fees and costs arising from or relating to your User Account, any breach of the Terms in this Agreement and/or any Loan Agreement between you and each of your loan counterparts, or any action or omission by you with regards to the Site and/or Services, including but not limited to:

  • your access and use of the Site and/or Services and any work or data transmitted or received by you, whether incomplete, incorrect, misleading or otherwise;
  • your violation of any third-party rights, including any right of privacy, publicity rights or intellectual property rights;
  • any other party’s access and use of the Site and/or Services using your username, password or other appropriate security code; or
  • your violation of any laws, rules or governing regulations of the United States or any other country.

Electronic Signatures

You acknowledge and agree that electronic signatures, whether digital or encrypted, used by each of the parties to the Loan Agreements between you and each of your loan counterparts are intended to authenticate the writing and will have the same force and effect as manual signatures. The term “electronic signature” refers to any electronic mark, symbol, or process attached to, or logically associated with, a record executed and adopted by the parties to any Loan Agreement with the intent to sign such record, including email electronic signatures.  Without limiting the provisions of the foregoing, delivery of an executed signature page of any Loan Agreement, by electronic mail in portable document format (.pdf) or by any other electronic means designed to preserve the original graphic and illustrated appearance of the document, has the same effect as delivery of an executed original of the agreement.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOLO TECHNOLOGIES BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFIT, BUSINESS, DATA, OR OPPORTUNITY ARISING IN PART OR IN WHOLE FROM YOUR ACCESS (OR LACK THEREOF) TO THE SITE AND/OR SERVICES, YOUR USE OF SITE AND/OR THE SERVICES, OR THIS AGREEMENT, EVEN IF VOLO TECHNOLOGIES HAS BEEN NOTIFIED OF THE PROSPECT OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, VOLO TECHNOLOGIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE TYPE OF ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $1,000.00 (ONE THOUSAND U.S. DOLLARS).

Warranty Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR SERVICES, FEATURES, DATA, INFORMATION, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED THEREWITH OR PROVIDED THROUGH THE SITE (EITHER SPONSORED OR NOT) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS ONLY.  VOLO TECHNOLOGIES, ITS PARTNERS, AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF ANY ASSOCIATED SERVICES. YOU HEREBY EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR SERVICES IS ENTIRELY AT YOUR OWN SOLE RISK.

NEITHER VOLO TECHNOLOGIES NOR ITS PARTNERS, AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE RELIABILITY, ACCURACY, OR COMPLETENESS OF THE CONTENT ON THE SITE AND/OR SERVICES (EITHER SPONSORED OR NOT), AND EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ANY MATERIAL DOWNLOADED OR OTHERWISE ACQUIRED THROUGH THE SITE AND/OR SERVICES IS DONE SO AT YOUR OWN RISK AND DISCRETION.  ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF ANY SUCH MATERIAL IS YOUR SOLE RESPONSIBILTY.

WITHOUT LIMITING THE FOREGOING, VOLO TECHNOLOGIES AND PARTNERS, AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY WARRANTY THAT (I) THE SITE AND AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITE AND/OR SERVICES WILL BE ERROR-FREE, SECURE, UNINTERRUPTED OR TIMELY, OR, (III) THE RESULTS OBTAINED FROM ANY USE OF THE SITE AND/OR SERVICES WILL BE RELIABLE OR ACCURATE, (IV) THE QUALITY OF ANY INFORMATION, SERVICES, PRODUCTS, OR OTHER MATERIAL PURCHASED OR ACQUIRED BY YOU THROUGH THE SITE AND/OR SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITE AND/OR SERVICES WILL BE CORRECTED.  NO WRITTEN OR ORAL INFORMATION OR ADVICE ACQUIRED BY YOU FROM US, OUR PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS THROUGH THE SITE AND/OR SERVICES WILL CONSTITUTE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS PROVISION MAY NOT APPLY TO YOU.

Arbitration and Class Action/Jury Trial Waiver

You acknowledge and agree to first contact Volo Technologies at help@voloapp.ca and to work with us in good faith in order to resolve any disputes you may have with us informally.  In the event that we are unable to resolve your dispute within sixty (60) calendar days from the date you brought it to our attention, you and Volo Technologies mutually agree to resolve any dispute, claim, or controversy (excluding those that qualify for small claims court and/or equitable relief, as provided below) arising from or with regards to these Terms of Use or your access or use of the Site and/or Services (collectively, “Claims”) by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. Information about JAMS can be found at www.jamsadr.com.

The arbitrator, and not any local, state or federal court or agency, will have exclusive authority to resolve any Claims relating to the interpretation, enforceability, applicability or formation of the Arbitration Section in these Terms of Use, including, but not limited to, any claim that all or any part of this Arbitration Section is void or voidable. The judgments and/or awards issued by the arbitrator are final and binding on you and Volo Technologies.

The arbitration will take place in Santa Clara County, California, unless otherwise agreed upon by you and Volo Technologies.  A fee may be required by JAMS for the initiation of your case, unless you obtain a fee waiver from JAMS.  The awards rendered by the arbitrator may include your arbitration costs, your reasonable attorney’s fees, and/or your reasonable costs for witnesses.

All Claims must be brought in your INDIVIDUAL capacity, and not as class member OR plaintiff in any purported class action, collective action, attorney general action or other representative proceeding.  This waiver applies to class arbitration, and, unless otherwise agreed upon by you and Volo Technologies, the arbitrator may not consolidate more than one individual’s Claims.  You acknowledge and agree that you and Volo Technologies are both waiving the right to participate in any class action, collective action, attorney general action, or other representative proceeding, or to a trial by jury of any kind.

Nothing in these Terms of Use will be deemed as preventing you or Volo Technologies from pursuing equitable relief from courts as applicable and necessary, nor from pursuing a qualified Claim in small claims court as long as that Claim remains in such court and proceeds only on an individual basis, and not a representative or class basis.

Governing Law

These Terms of Use will be governed by all applicable laws of the State of California (without respect to conflicts of law principles of any jurisdiction).

Miscellaneous

You may not transfer, assign, or delegate these Terms of Use or your rights or obligations therein (including your User Account) in any way (by operation of law or otherwise).

These Terms of Use constitute the entire agreement between you and Volo Technologies concerning the subject matter detailed herein.  In the event that any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

If you have any questions regarding these Terms of Use, please contact us at help@voloapp.ca.