WHEN YOU CREATE AN ACCOUNT OR USE THE APP, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THEM, PLEASE DO NOT REGISTER, ACCESS OR USE THE APP NOR ANY OF THE SERVICES.
These terms and conditions (the “Terms”) form a legal agreement between you (the “User”, “you” or “your”) and Volograms Limited (the “Company”, “Volograms”, “we”, “our” or “us”), a private company limited by shares with registration number 618950, incorporated and registered in Ireland, whose current registered office is at Suite 33, Guinness Enterprise Centre, Taylor’s Lane, Dublin 8, D08 FN36, Ireland, and includes any future registered address of Volograms.
These Terms govern the relationship between you and us and sets forth the terms and conditions by which you may access and use the App and the Services (as defined below).
The App and the Services are not intended to be used by any businesses for the purposes of creating User Content (as defined below). Should the App and the Services be used in this context, the limitations on liability specified below at 18 - OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU will apply.
Please take the time to read these Terms carefully. Use of the App is not intended for persons under the age of 18. If you are not at least 18 years old, you may not use the App at any time or in any manner. We do not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to create an account or use App. In the event that we become aware that we have collected personal information from a child under 18, we will delete that information as quickly as possible. If you believe that we have unlawfully collected information from a child under the age of 18 on the App, contact us at volusupport@volograms.com.
The following definitions apply in these Terms.
“Android”: means the mobile operating system developed by Google primarily for touchscreen devices, such as cell phones and tablets.
“Apple”: means Apple, Inc. or any of its affiliates.
“App”: means the VOLUTM App mobile application software and any features within it (part of VOLUTM + and/or VOLUTM Pro), or updates or supplements to it.
“App Store”: means the appstore on which the App was downloaded by the User (namely, the Apple appstore or Google playstore or their respective successors, as applicable).
“Featured VOLOGRAM™ Sequence”: means a VOLOGRAM™ Model created by a third-party (i.e. not the User). Featured VOLOGRAM™ Sequence(s) may be available in the App free of charge or as in-App purchases.
“Google”: means Google, Inc. or any of its affiliates.
“Intellectual Property Rights”: means patents, utility models, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
“Services”: means the services provided to Users by us, which include:
or as otherwise specified to the User by us. Not all Services or features may be available in your country or region.
“Superpower(s)”: means any visual element(s)/filter(s) that can be applied to a VOLOGRAM™ Model and is defined as a “Superpower” in the App.
“User Content”: means any content that is captured, recorded, filmed, posted, transmitted or otherwise made available and/or provided by the User through the App including, without limitation, any VOLOGRAM™ Model, Superpower and/or VOLOGRAM™ Experience created by the User (including any VOLOGRAM™ Experience created by the User containing any Featured VOLOGRAM™ Sequence), and any text, photographs, video recordings, sound recordings and the musical works embodied therein (including video recordings that incorporate sound recordings and ambient noise) that is captured, recorded, filmed, posted, transmitted or otherwise made available and/or provided through the App.
“VOLOGRAM™ Model”: means a 3-Dimensional virtual representation of a 2-Dimensional video recording created by capturing/recording a video with the User’s handheld device through the App and converting it using the App’s functionalities.
“VOLOGRAM™ Experience(s)”: means any video recording(s) (including accompanying audio recording(s), if any) recorded through the App, which display(s) one or a number of VOLOGRAM™ Models.
A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.
A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
A reference to writing or written includes e-mail but not faxes.
We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy unless you are using a specific service to which a different privacy policy applies, as notified to you by us from time to time.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
The ways in which you can use the App may also be controlled by the App Store's rules and policies (available on the Apple website (www.apple.com) or Google Play website (www.play.google.com) as applicable) and the App Store's rules and policies will apply instead of these Terms where there are differences between the two.
For example all in-App purchases are made using your Apple or Google account.
The following additional terms and disclosures only apply to you if you use the App through the Apple operating system, if available and as applicable:
This App requires a mobile or tablet device:
Support. If you want to learn more about the App or Services or have any problems using them please take a look at our support resources on our discord channel which you can access through our websites www.getvolu.com and volu.ar.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or you would like to raise a complaint about User Content or any other material on the App or wish to contact us for any other reason please email our customer service team at volusupport@volograms.com.
How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us.
Account
To access and use the App and Services, you must create an account with us and provide certain necessary information. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. Volograms reserves the right to suspend or delete any account where it reasonably considers that the information provided is not accurate and/or up-to-date.
The information required to create an account may change from time to time and failure by the User to provide such information may result in restricted use of the App and Services (with the nature and extent of such restriction being at our absolute discretion).
You agree that you will not create more than one account. If your account has already been suspended or deleted for any reason, you agree that you will not create another account without written permission from us.
Password and Security
It is important that you choose a strong account password and keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at volusupport@volograms.com.
You are required to verify the email address provided when creating an account. Until such verification is provided, the creation of your account may not be complete and may result in restricted use of the App and Services (with the nature and extent of such restriction being at our absolute discretion).
We may require you to set up a two-factor authentication process as a means of security in certain circumstances and at certain times. The method of two-factor authentication will be at the discretion of Volograms. Failure to provide full authentication in such circumstances may result in restricted use of the App and Services (with the nature and extent of such restriction being at our absolute discretion).
Account Activity, Suspension and Deletion
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. You are not permitted to sell, rent or lease access to your account or username without written permission from Volograms.
We reserve the right to issue a warning to you or to delete or temporarily suspend your account at any time in line with the provisions below (see 19 - BREACH OF THESE TERMS) if you have failed to comply with any of the provisions of these Terms.
We reserve the right to delete or temporarily suspend your account due to inactivity for a period of 12 months. We will notify you 30 days prior to any such action, specifying the action that will be taken and the date on which that action will be taken.
If you no longer want to use the App you can delete all your data by going to the account section in the App. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content you created or information you have provided when using the App and/or Services.
If the email address provided when creating an account is deactivated, Volograms reserves the right to delete the User’s account within 30 number of days if no replacement email address is provided.
If your account is deleted, it will serve to terminate your and our obligations under these Terms.
In return for your agreeing to comply with these Terms you may:
Whenever you make use of a feature that allows you to create/generate content through our App, or to make contact with other Users of our App or share User Content, you must comply with the content standards set out below at 16 – ACCEPTABLE USE RESTRICTIONS. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We are giving you personally the right to use the App and the Services as set out in these Terms. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.
If you keep using the App after having been notified of the changes, acceptance of those changes will be implied. The User agrees that these changes will form part of these Terms.
From time to time we may automatically update the App and/or change the Services to improve performance, enhance functionality, reflect changes to the operating system, address security issues or for any other reason.
Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always match the description of it provided to you when you downloaded it.
We may suspend or discontinue any aspect of the Services at any time. Before doing so, will notify you of the affected Services. Failure to provide such notification will not, however, affect our right to suspend or discontinue such Services.
If you download the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
The App or any of the Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
Rights You Grant Us
You grant us the right to delete any User Content that violates these Terms. If you wish to report any User Content that violates these Terms, please report it using our content removal request form.
This App is designed for creation, sharing and joint creation between Users and is not designed for private communications. Any content you create/generate and/or make available through our App will be considered non-confidential and non-proprietary. You are free to share your content with anyone else, wherever you want. Please note that any content you share is likely to be shared by other Users. Please be mindful of the content you create/generate through the App and share as such content your sole responsibility. We accept no liability in respect of any content or information submitted by Users of the App and/or Services.
With regard to any of your VOLOGRAM™ Models, Superpowers and/or VOLOGRAM™ Experiences, you grant, and represent and warrant that you have the right to grant, us and our affiliates, agents, services providers, partners and other connected third parties:
In particular and without prejudice to the above:
We may generate revenues, increase goodwill or otherwise increase its value from your use of the App and/or Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and gifts. You acknowledge and agree that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever.
You further acknowledge that, unless permitted by us in these Terms or in another agreement you enter into with us, you:
You further acknowledge that, by posting User Content to or through the Services, you:
The Content of Others
While the permitted uses of the App and Services are made clear throughout these Terms, User Content is the sole responsibility of the User who created that User Content.
While we will do our best to assess any possible risks for Users when they use the App and the Services and we reserve the right to review or remove all User Content, we do not necessarily review all of it. We, therefore, cannot and do not take responsibility for any User Content that others provide through the Services.
As outlined above, the use of any of the App and the Services by a person under 18 years old is not permitted. We do not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to create an account or use App. In the event that we become aware that we have collected personal information from a child under 18, we will delete that information as quickly as possible.
If you wish to complain about content created/generated by other Users, please contact us on volusupport@volograms.com, otherwise, please report it using our content removal request form.
Exporting of Content
It is important to note that if you export your User Content from the App, then you may not be able to control any further use, processing or re-animation of it, by third parties. Volograms accepts no responsibility for the use of your User Content once exported to other apps, game engines, websites or the like.
As the exporter of User Content, then you accept full responsibility for any liability arising from its use thereafter, and you will indemnify Volograms against any claims made by third parties in respect of its publication or use outside the App.
Please also note that apps, game engines, websites and the like to which you export any User Content will have their own terms of use and privacy policies and it is your responsibility to make sure that you comply with them.
Subject to the restrictions in these Terms, Volograms grants you a personal, worldwide, royalty-free (save in respect of in-App purchases), non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the App and the Services. This license is for the sole purpose of letting you use and enjoy the App and the Services in accordance with these Terms. You acknowledge and agree that upon any termination of your account or these Terms, this license granted to you in respect of the App and the Services will automatically terminate.
You agree that you will:
Use by you of the App or other materials available as part of the Services for any purpose not expressly permitted by these Terms is strictly prohibited. We reserve the right, at any time and without prior notice, to permanently or temporarily remove or suspend access to the App and/or Services if in our sole opinion your User Content violates or potentially violates these Terms, third party rights (including Intellectual Property Rights), applicable laws or regulations or is otherwise harmful to the App and/or Services, our Users or third-parties.
This Clause sets out the standards (the “Content Standards”) that apply when you create/generate User Content through the App, make contact with other Users on the App, share User Content (through the App with other App Users or by any other means) or interact with the App and/or the Services in any other way (the “Interactions”). If you notice any breach of this Clause and you wish to report it to us, you can do so by submitting your request through our request form.
The Content Standards must be complied with in spirit as well as to the letter. The Content Standards apply to each part of any Interaction as well as to its whole.
Volograms will determine, in its discretion, whether an Interaction breaches the Content Standards.
General
You must not:
Respecting others
You must:
Security
You must not:
All Intellectual Property Rights in the App and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no Intellectual Property Rights in, or to, the App or the Services other than the right to use them in accordance with these Terms.
VOLOGRAMTM and VOLUTM are US, UK and EU registered trademarks of Volograms (or awaiting registration). You are not permitted to use them without our approval, unless it is part of material you are using as permitted under these Terms.
If you wish to complain about content created/generated by other Users which you believe infringe your Intellectual Property Rights, please contact us at volusupport@volograms.com. If you believe that your copyright in a work may have been infringed by content created/generated by other Users under U.S. law, please see below for our notice procedures pursuant to the Digital Millennium Copyright Act.
Digital Millennium Copyright Act Procedure
Volograms respects the Intellectual Property Rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Volograms’s designated copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
Notifications of claimed infringement should be forwarded to Volograms’s designated agent as follows:
Chief Operating Officer (COO)
Suite 33, Guinness Enterprise Centre
Taylor’s Lane, Dublin 8, D08 FN36, Ireland
+1 (866) 921-7789
volusupport@volograms.com
Alternate names the public may be likely to use to search for our designated agent include: Volu and/or Getvolu.
After receiving a valid DMCA notification of claimed infringement, we will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material.
Counter-Notification. If you posted or submitted material to Volograms which Volograms removed or disabled access to pursuant to a DMCA notification of claimed infringement, and you believe your material is not infringing and the material was removed or disabled as a result of a mistake or misidentification, you may send a counter-notification containing the following information in writing to Volograms’s designated agent listed above:
If a valid counter-notification is received by our designated agent, we will send a copy of the counter-notification to the original complaining party informing the owner (or the person authorized to act on behalf of the owner) that we will replace the removed material or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order to restrain the alleged infringement, we will replace or restore access to the material in 10 to 14 business days after our designated agent’s receipt of the counter-notification, at our sole discretion.
Volograms reserves the right, in its sole discretion, to terminate accounts for users that are deemed to be repeat copyright infringers.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
Limitation of our liability to you. To the fullest extent permitted by law, our total aggregate liability whether in contract, in tort (including negligence), under any statute or otherwise under or in connection with these Terms and the provision and receipt of the Services will be limited to the amount paid by you to us within the 12 month period immediately preceding your claim against us.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose, we will have no liability to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
In particular, we will not be liable for:
and we exclude all implied conditions, warranties, representations or other terms that may apply to our App and/or the Services.
Limitations to the App and the Services. The App and the Services are provided for entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App and the Services. We recommend that you back up any content and data used in connection with the App and/or the Services, to protect yourself in case of problems with the App and/or the Services.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the App Store) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
Actions Taken on Breach
When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with the 15 - LICENCE AND LICENCE RESTRICTIONS and 16 - ACCEPTABLE USE RESTRICTIONS in particular constitutes a material breach of these Terms, and may result in our taking all or any of the following actions:
Any action taken by us may be taken immediately or at any other time after the breach has occurred.
We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above and we may take any other action we reasonably deem appropriate.
Consequences of Breach
We may permanently end your rights to use the App and Services at any time by deleting your account as outlined above. If we end your rights to use the App and Services:
We may temporarily limit or restrict your rights to use the App and/or any or all aspects of the Services at any time by suspending your account as outlined above. The extent and period of any such suspension may be determined by Volograms. Any lifting of such suspension may be contingent on certain actions being taken by you.
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by Irish law and you can bring legal proceedings in respect of the products in the Irish courts.
Effective: May 25th, 2022
Volograms Limited Guinness Enterprise Centre, Taylor’s Lane, Dublin 8 D08C2F1 office@volograms.com
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