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, documentations, 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.
5.2 Content Guidelines and Restrictions
You are solely responsible for the User Content you create, upload, or otherwise make available through our Services. You agree not to submit User Content that:
• Violates any applicable laws, regulations, or third-party rights, including copyright, trademark, or privacy rights;
• Is illegal, fraudulent, defamatory, threatening, harassing, or offensive;
• Promotes or engages in illegal activities or unauthorized use of third-party services;
• Involves the use of data, connections, or resources you do not own or have permission to use.
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 firstname.lastname@example.org 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).
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. Disclaimer of Warranties and Limitation of Liability
10.1 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.
10.2 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.
10.3 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.
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.
12. 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.
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.
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:
• Breach of these Terms;
• Non-payment of fees, if applicable;
• Requests by law enforcement or other government agencies;
• Discontinuance or material modification of our Services;
• Any other legal reason that Varolio deems appropriate.
Upon termination, you must cease all use of our Services and destroy all copies of any materials obtained from our Services.
15.1 Entire Agreement
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.
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.
15.4 Contact Information
If you have any questions about these Terms or our Services, please contact us at email@example.com.
Last Revised: January 31, 2024