Terms & Conditions 🌋
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The following terms and conditions govern all use of the Volcaino products and services as provided by "Volcaino”, incuding but not limited to the Volcaino domain volcaino.com and subdomains such as btob.ai, prospekt.ai, volcaino.ai, volcaino.io (the “Website”), all content, support, professional services, (collectively the “Services”).
The Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Website by Volcaino (collectively, the "Agreement").Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. If these terms and conditions are considered an offer by Volcaino, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 18 years old.
Your Volcaino Account.
If you create an account for the Services, we hereby grant to you a limited, non-exclusive, non-transferable right to access and use the Services, subject to the terms and conditions of this Agreement and the applicable Volcaino-approved form, whether submitted online or by writing, evidencing your subscription for the Services and specifying, among other things, the type of subscription, the subscription fee and the billing frequency (an "Order Form"). Each Order Form is hereby incorporated into and will be treated as a part of this Agreement. We reserve all rights not expressly granted to you. you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Volcaino of any unauthorized uses of your account or any other breaches of security. Volcaino will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You must be a human. Accounts registered by "bots" or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process. You must not, in the use of the Services, violate any laws in your jurisdiction and in Belgium (including but not limited to copyright or trademark laws). You must not create more than one account.
Payment and Renewal.
Optional paid services are available on the Services (any such optional services, a "Paid Service"). By selecting a Paid Service, you agree to pay Volcaino the monthly or annual subscription fees (the "Subscription Fees") indicated for that Paid Service. Payments will be charged on a prepaid basis on the day you sign up for a Paid Service and will cover the use of that Paid Service for a monthly or annual subscription period, as requested by you. Subscription Fees are non-refundable. The Subscription Fees are exclusive of all taxes, levies or duties imposed by taxing authorities unless otherwise stated, and you will be responsible for payment of all such taxes, levies or duties. If payment is made by credit card, you must provide us with valid credit card information. You authorize us to charge your credit card for the Subscription Fees payable during the Term. You further authorize us to use a third party to process payments and consent to the disclosure of your payment information to such third party. We may change the Subscription Fee or the billing periods for payment of the Subscription Fees at any time in our sole discretion and upon providing you with reasonable prior written notice of such change. Such change will become effective at the end of the subscription period, as applicable. You may cancel the Paid Service and terminate this Agreement before such change becomes effective.
Renewal and Cancellation.
Unless you notify Volcaino before the end of the applicable subscription period that you want to cancel a Paid Service, your Paid Service subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee for such Paid Service (as well as any applicable taxes) using any credit card or other payment mechanism we have on record for you. Volcaino does not provide refunds to users who request cancellation of Services, regardless of the reason for the request. You may cancel your account at any time via email to Volcaino. If you cancel paid Services, the cancellation will take effect at the end of your current billing period. Thereafter, Volcaino will cease charging you for paid services and will disable your paid account.
Support.
Paid Services include access to email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Volcaino to respond within three business days) concerning the use of the Services. All Volcaino support will be provided in accordance with Volcaino standard practices, procedures, and policies.
Marketing.
By creating an account, you grant Volcaino a perpetual worldwide license to use your company's name and logo(s) for the sole purpose of Volcaino’s marketing and sales efforts, such as listing you as a Volcaino customer on the Website. You may revoke this license at any time by notifying Volcaino via email.
Customer Data.
"Customer Data" means the data (structured and unstructured), media, and other content generated, collected or recorded by the you, or by any supplier or licensor to you, that is uploaded to or that is otherwise made available by the you to the Services. You hereby grant Volcaino a non-exclusive license to process your Customer Data solely in connection with the Services and for the limited purposes of performing Volcaino's obligations under this Agreement. Volcaino may collect and use data regarding your use of the Services, for the development, maintenance and provision of Volcaino products and services. Volcaino will use commercially reasonable efforts to maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data and other confidential information. Your data is governed by the privacy policy available on the Website. Where your use of the Services includes the processing of personal data (as described in the EU Data Protection Directive 95/46/EC until 25 May 2018 and the General Data Protection Regulation (EU) 2016/679 on and from 25 May 2018) you can request a Data Processing Agreement which terms shall apply to such processing, and are hereby incorporated by reference.
Third Party Data.“Third Party Data" means all data or information you collect or otherwise obtain from any website using the automated tools within the Paid Service, including without limitation from Twitter, LinkedIn, Github, StackOverflow. You hereby grant Volcaino a non-exclusive license to (i) access your Third Party accounts on your behalf, (ii) scrape, crawl and otherwise collect certain information from your social media accounts on your behalf, and (iii) use, store, process, analyze and display in reports all data. You acknowledge that: (i) Third Party Data may be subject to Intellectual Property Rights or other rights that are owned or controlled by third parties or legal restrictions and regulations, such as privacy or obscenity laws; (ii) Volcaino does not own or hold any Intellectual Property Rights or other rights or licenses in or to the Third Party Data.
Copyright Infringement.
As Volcaino asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Volcaino violates your copyright, you are encouraged to notify Volcaino. Volcaino will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Volcaino will terminate a visitor's access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Volcaino or others.
Intellectual Property.
Volcaino does not transfer to you any Volcaino or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Volcaino. Volcaino, the Volcaino logo, and all other trademarks, service marks, graphics and logos used in connection with Volcaino, or the Services are trademarks or registered trademarks of Volcaino or Volcaino licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Volcaino or third-party trademarks.
Use License.
Under this license you may not use the Services: 1) To build a similar or competitive service. 2) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise 3) To send, knowingly receive, upload, download, use, or re-use any material that does not comply with this Agreement. 4) To impersonate or attempt to impersonate Volcaino, a Volcaino employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing). 5) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Volcaino or users of the Website or expose them to liability.Additionally, you agree not to: 1) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. 2) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Volcaino’s prior written consent.Use any device, software, or routine that interferes with the proper working of the Website. 3) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 4) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. 5) Attempt to decompile or reverse engineer any software contained on the Website or API. 6) Otherwise attempt to interfere with the proper working of the Website.Your license to use the Services shall automatically terminate if you violate any of these prohibitions or restrictions and may be terminated by Volcaino at any time, in its sole discretion.
Changes.
Volcaino reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Volcaino may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. Your continued use of the Paid Service after any such change shall constitute your consent to such change. Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Termination.
Volcaino may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. In the case of a paid account, Volcaino will refund the unused portion of your prepaid subscription amount within thirty (30) days, which will be paid to the same payment method you used to open the account.All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, Sections 6, 10, 11, and 13.
Disclaimer of Warranties.
The Services is provided “as is”. Volcaino and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Volcaino nor its suppliers and licensors, makes any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
Limitation of Liability.
In no event will Volcaino, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Volcaino under this Agreement during the twelve (12) month period prior to the cause of action. Volcaino shall have no liability for any failure or delay due to matters beyond or not within their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You represent and warrant that (i) your use of the Services will be in strict accordance with the Volcaino Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Europe or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification.
You agree to indemnify and hold harmless Volcaino, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
Relationship of Parties.
No joint venture, partnership, employment or agency relationship exists between us and you as a result of this Agreement or your access and use of the Subscription Service.
Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
Assignment
We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.
Governing Law.
All matters relating to the Website and these Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Belgium without giving effect to any choice or conflict of law provision or rule.
Last modified: September 1st, 2023
Our address:
Volcaino HQ
Coupure Rechts 296
9000 Ghent Belgium