Terms of Use

Last Revised: April 07, 2024

These Terms of Use (“Terms of Use”) govern your (“you” or “user“) access to and use of the Varolio (“Varolio”, “Company” or “we“) website (the “Website”), our Software (the “Software”, or the “App”), and the Content (as defined below), features, and services that we provide in connection with any and all of the foregoing, and all revisions, improvements, new releases, and updates provided by the Company to the foregoing (collectively, the “Services“).

THESE TERMS OF USE, TOGETHER WITH THE COMPANY’S PRIVACY POLICY AVAILABLE HERE (THE “PRIVACY POLICY”), (COLLECTIVELY, THE “AGREEMENT”) CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY. BY CLICKING THE “ACCEPT” BUTTON, AND/OR BY ACCESSING AND/OR USING THE SERVICES (IN WHOLE OR IN PART) IN ANY WAY OR MANNER, YOU AGREE TO ABIDE BY, AND BE BOUND, BY THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth elsewhere in the Agreement. If any provision of these Terms of Use conflicts with any other provision in the Agreement, the provision in these Terms of Use shall govern.

1. Introduction

Welcome to Varolio ("we," "us," or "our"), a software platform that enables organizations to build internal tools, manage their workflows, and integrate systems using AI and other low-code solutions. These Terms of Use ("Terms") govern your access to and use of our platform, website, mobile applications, APIs, and any other services we provide (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

2. Eligibility and Acceptance of terms

To use our Services, you must be at least 16 years old and have the legal capacity to enter into these Terms. By accessing or using our Services, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you must not access or use our Services.

3. Description of Services

Varolio provides a platform for organizations to create and manage workflows, integrations, and other internal tools using AI and low-code solutions. Our Services may include, but are not limited to, the ability to build and share custom integrations, templates, and workflows with other users within your organization or with authorized individuals, access and utilize our templates, documentation, AI components, and other resources provided within our platform.

4. User Accounts and Registration

To access and use certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

5. User-Generated Content

5.1 Content Ownership and License
You retain ownership of all intellectual property rights in any content you create, upload, or otherwise make available through our Services ("User Content"). By submitting User Content through our Services, you grant Varolio a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with our Services and our business, including for promotional and marketing purposes.

6. Subscription Plans, Billing, and Changes

We may offer premium, subscription-based plans or add-ons in addition to our core Services. Details about pricing, billing, and cancellation policies will be provided at the time of purchase. We reserve the right to modify our subscription plans, pricing, and billing policies at any time. We will notify you of any changes that may affect your subscription, and it is your responsibility to review and accept such changes. If you do not agree with the changes to the subscription plans or pricing, you may terminate your subscription without penalty within thirty (30) days of receiving notice of the changes. To terminate your subscription under these circumstances, please contact us at team@varolio.io or via the designated place within the platform."

7. Prohibited Activities and Industries

You may not use our Services to engage in any illegal activities or for purposes that violate applicable laws, regulations, or third-party rights. Additionally, you may not use our Services in connection with any industry, business, or activity that is subject to sanctions or export control restrictions imposed by the United States, the European Union, or the State of Israel. Furthermore, access to and use of our Services are prohibited for users or organizations from countries that are sanctioned by the US (e.g., Iran, North Korea, Sudan, and Syria), the EU, or states with which Israel does not permit business relations (e.g., Iran, Lebanon, Syria, and other countries as determined by the Israeli government). Violation of these prohibitions may result in the immediate termination of your account and legal action.

8. Suspension of Automations and Account Termination

8.1 Suspension of Automations for Inactivity or Malicious Behavior
Varolio reserves the right to suspend or terminate any automation processes within its platform in cases of prolonged inactivity or suspected malicious behavior. Such suspensions may be enacted without prior notice. However, affected users will be promptly notified after the suspension has taken place. Varolio will provide details regarding the reason for the suspension and any necessary steps to address the issue.

8.2 Account Suspension and Termination for Malicious Behavior
In the event of detected malicious behavior, as solely determined by Varolio, we reserve the right to suspend or terminate the user's account. This action may be taken without prior notice to protect the integrity and security of our Services and the safety of our users. The affected user will be informed after the account has been suspended or terminated, with a clear explanation of the reasons for such action. The user will have the opportunity to appeal the decision by contacting Varolio through the provided channels. The appeal process will be conducted in a fair and timely manner.

8.3 Right to Amend Suspension and Termination Policies
Varolio reserves the right to modify or update these suspension and termination policies at any time. Users are encouraged to regularly review these policies to stay informed about their rights and responsibilities. Changes will be effective immediately upon posting on our website or platform.

9. Intellectual Property Rights

9.1 Varolio's Intellectual Property
All intellectual property rights in our Services, including but not limited to copyrights, trademarks, patents, interfaces, visual or technical components, images, animations, documentations, and trade secrets, are owned by Varolio or its licensors. Your use of our Services does not grant you any rights, title, or interest in our intellectual property, except as explicitly stated in these Terms.

9.2 Copyright Infringement Claims
Users of our Services are required to ensure that they do not infringe upon any third-party copyrights or other intellectual property rights. Any claims of copyright infringement should be addressed directly to the user responsible for the alleged infringement. Varolio is not responsible for any user's infringement of third-party rights.

10. Errors and Inaccuracies; Modifications

We attempt to be as accurate as possible with on the Services, including, without limitation, in Product descriptions and prices. However, we do not warrant that all Content is accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error, error in pricing, or Product information error, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price or with incorrect information. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a refund to your credit card account in the amount of the charge and advise you of the canceled order.
The Company reserves the right to suspend, discontinue, modify, remove or add to the Services in our absolute discretion with immediate effect and without an obligation to provide you with notice where we consider it necessary to do so including (for example) for the management, maintenance or update of the Services and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by the Company in connection with the foregoing.

11. User Account, Password, and Security

Varolio Services offerings when purchased will require you to register for a user account. The Account shall be comprised of a user Account for each User ("User Account"). If registration is requested, you agree to provide us with true, accurate, and complete registration information, including your real name. You may not permit others to use your user account, whether through a network or otherwise. You are solely responsible for preventing all unauthorized use of your user account.
The Account shall be comprised of a user shall ensure that all information submitted during the registration process is, and will thereafter remain, complete and accurate. As between Versatile and user, user shall be solely responsible and liable for maintaining the confidentiality and security of its Account credentials, as well as for all activities that occur under or in such Account. User shall immediately notify Versatile of any unauthorized use of its Account or any other breach of security.

12. Disclaimer of Warranties and Limitation of Liability

12.1 Disclaimer of Warranties
Our Services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Varolio does not warrant that our Services will be uninterrupted, error-free, or completely secure. No advice or information obtained through our Services will create any warranty not expressly made herein.

12.2 Limitation of Liability
In no event will Varolio be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, arising out of or related to your use of our Services, whether in an action in contract, tort, or otherwise, even if we have been advised of the possibility of such damages. Our total liability to you for all claims arising out of or related to your use of our Services will not exceed the amount paid by you for the Services during the twelve (12) months immediately preceding the event giving rise to the claim.

12.3 AI Components Disclaimer
When using AI-based nodes and components within our Services, you acknowledge that the results may not be accurate and that it is solely your responsibility to ensure proper usage. Varolio is not liable for any damages, inaccuracies, or issues arising from the use of AI components within our Services.

13. Indemnification

You agree to indemnify, defend, and hold harmless Varolio, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your use of our Services; (b) your violation of these Terms; (c) your User Content or any use thereof, including any infringement or alleged infringement of any third-party intellectual property, privacy, or other rights; or (d) your violation of any applicable laws, rules, or regulations. Varolio reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Varolio in asserting any available defenses.

14. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to these Terms or your use of our Services will be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any choice or conflict of law provision or rule. You agree that any legal suit, action, or proceeding arising out of or related to these Terms or your use of our Services will be brought exclusively in the competent courts located in the State of Israel, and you hereby consent to the exclusive jurisdiction and venue of such courts.

15. Changes to Terms of Use

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately upon posting and apply to all access to and use of our Services thereafter. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes.

16. Termination

We reserve the right, in our sole discretion, to suspend or terminate your access to our Services, or any part thereof, at any time, without notice, for any reason, including but not limited to:

Upon termination, you must cease all use of our Services and destroy all copies of any materials obtained from our Services.

17. Miscellaneous

17.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Varolio with respect to your use of our Services and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, both written and oral, with respect to the subject matter hereof.

17.2 Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

17.3 Waiver
No waiver by Varolio of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Varolio to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17.4 Contact Information
If you have any questions about these Terms or our Services, please contact us at team@varolio.io.