Terms of Use

THE SERVICE

1. The Website, Volumez’s data orchestration and block storage as a service and/or any other services provided to you by Volumez (the “Service”).
2. Volumez provides You with a right and permission to use the Service subject to a valid subscription, pursuant to the terms of the Order Form (the “Subscription”). Upon your subscription to the Service, Volumez will grant You access to the Service or certain parts of it, which will allow You to add end-user accounts as set forth in the Order Form (“Permitted Users“) and to control or manage certain features of the Service. Permitted Users’ access to the Service is limited and personal. You are responsible for actions taken by Permitted Users or by anyone using your accounts and passwords. You agree to immediately notify Volumez of any unauthorized use of Your username or password or any other breach of security. Volumez has the absolute right to disable any end-user, at any time and for any or no reason, including, if Volumez, at its sole discretion, believes that You have failed to comply with any provision of the Terms.
3. Volumez uses commercially reasonable efforts to maintain the highest Service availability. However, Volumez cannot guarantee that the Service will operate in an uninterrupted timely, secure, or error-free manner. Volumez performs Service maintenance and uses commercially reasonable effort to schedule system down-time to off-peak hours and to avoid service interruptions and delays.

DATA SECURITY

Volumez will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to content provided by the Permitted Users (the “Content”). Volumez will not access, view, or process Content except (a) as provided for in this Agreement and in Volumez’s Privacy Policy available at:https://volumez.com/privacy-policy/ (“Privacy Policy”) ; (b) as authorized or instructed by You, (c) as required to perform its obligations under this Agreement; or (d) as required by applicable law. Volumez has no other obligations with respect to Content.

ACCESS

1. Volumez reserves the right to modify the website including any of its Content, in whole or in part, in any manner at its sole discretion, without notice. Volumez will not be liable if, for any reason, all or any part of the website is unavailable at any time or for any period.
2. Volumez reserves the right to terminate Subscription and/or the Service, in whole or in part, in any manner at its sole discretion, with a wrriten notice. Volumez will not be liable if, for any reason, all or any part of the website is unavailable at any time or for any period.

YOUR UNDERTAKINGS

1. You assume full responsibility for You and Your Permitted Users’ use of the Service in accordance with this Agreement and any applicable local, state, federal, national, and international laws, regulations, or treaties, and warrant that You have obtained all rights in the Content to authorize Volumez to process the Content as contemplated by the Agreement.
2. You will not, and ensure that Your Permitted Users will not, use the Service for any use or purpose that: (i) is illegal or inciting hatred, terrorism or any similar offence; (ii) infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity); (iii) is in violation or may encourage any manner of acting that would violate any applicable local, state, national and foreign laws, treatises and regulations; or (iv) may drive or encourage any third party to do any of the above.
3. You will not, and will ensure that Your Permitted Users will not: (i) abuse the Service; (ii) resell, transfer, grant others permission to use the Service, pledge, lease, rent, or share Your rights under this Agreement (including without limitation to any of Your affiliates), unless otherwise agreed between You and Volumez; (iii) modify, remove or amend Volumez’s name or logo, update, reproduce, duplicate, copy all or any part of the Service; (iv) make any of the Service available to anyone other than Your employees and consultants for use for your benefit as intended pursuant to this Agreement, or use any Service for the benefit of anyone other than You; (v) use the Service in any way that restricts or inhibits the use of the Service; (vi) access or attempt to access any of Volumez’s systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Service or any of the Service’s security and traffic management devices; or (vii) attempt to decompile, disassemble, re-engineer or reverse engineer the Service or otherwise create, attempt to create, permit, allow, or assist others to extract source code of the Service, its structural framework or allow or facilitate a third party, to violate or infringe any rights of Volumez’s or others or Volumez policies or the operational or security mechanisms of the Service.
4. When using the Service in conjunction with other third-party services, You will comply with the terms of service of such third party services. Volumez shall not be liable for any termination, breach of terms or suspension of service resulting from Your use of the Service.
5. You may not access or use the Service if You are a direct competitor of Volumez, or for monitoring the Service’s availability, performance or functionality, or for any other benchmarking or competitive purposes.

SUBSCRIPTION FEES

1. In consideration for the right to use the Service under the Terms herein, you will pay subscription fees in the amount and in accordance with the payment terms detailed in the applicable Order Form (the “Subscription Fees”). You agree that in the event Volumez is unable to collect the Subscription Fees owed to Volumez for the Service, Volumez may take any steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by Volumez in connection with such collection activity, including collection fees, court costs, and attorneys’ fees. You further agree that Volumez may collect interest at the lesser of 1.0% per month or the highest amount permitted by law on any amounts not paid when due. Except to the extent otherwise expressly stated in this Agreement or in an Order Form, all obligations to pay Subscription Fees are non-cancelable and all payments are non-refundable.
2. Your Subscription Fees are exclusive of taxes, levies, duties or similar governmental assessments of any kind (excluding taxes based on Volumez’s income, property and employees). You will be responsible for paying any and all such taxes.
3. Volumez reserves the right to modify the Subscription Fees for the Service under one or more Order Forms, effective upon commencement of the next renewal subscription term of the relevant Order Form(s), by notifying You of such change in writing at least 7 days before the end of the then-current Subscription Term.

CANCELLATION

1. Unless otherwise agreed in the applicable Order Form, You may cancel your Volumez Service instances at any time through your account settings on our platform. As the Service is a metered service, billing will cease once the associated cloud resources are deleted.
2. Cancellations will take effect on a prorated basis at the end of your current billing period. You will not be charged for any future periods.
3. Prorated Refunds. Volumez does not offer prorated refunds for unused portions of your billing period, unless otherwise agreed between the parties.
4. In any event of contradiction between this Section 6 and the applicable Order Form, the terms of the Order Form shall prevail.

REFUNDS

1. Full Refunds. Unless otherwise agreed in the applicable Order Form, if you are not satisfied with the Service, you may request a full refund within 30 days of your initial purchase.
2. Partial Refunds. Unless otherwise agreed in the applicable Order Form, partial refunds may be issued under specific circumstances, such as:
3. If you cancel your subscription after the 30-day window but before the end of your billing period, you may receive a refund for the remaining unused contract allocations.
4. In the event of technical issues that prevent you from accessing your data due to our fault.

DATA ACCESS AFTER CANCELLATION

You will not have access to your data after cancellation. The platform permanently deletes Your data immediately upon receiving the cancellation request. You acknowledge that it is Your responsibility to back up any necessary data before initiating the cancellation process and agree that Volumez will not be liable for the loss of any data as a result of such cancellation.

PROPRIETARY RIGHTS; YOUR FEEDBACK

1. All parts of the Service are protected by copyrights, trademarks, service marks, patents or other proprietary rights, as a collective work or compilation, pursuant to laws and international conventions. All rights to the Service and derivatives thereof are retained by Volumez. In addition, Volumez retains all rights to aggregated and anonymous data derived from Your use of the Service.
2. While using the Service, You or Your Permitted Users may provide Volumez with feedback and suggestions regarding the Service. You hereby assign to Volumez ownership in all such feedback and suggestions and all rights therein, without any royalty or accounting obligations to You.

WARRANTIES; DISCLAIMER

1. Each of You and Volumez represent, warrant and covenant to the other that: (a) it has the full corporate right, power and authority to enter and perform its obligations under this Agreement, and such execution and performance does not and will not violate any other agreement to which it is a party, and (b) this Agreement constitutes a legal, valid and binding obligation.
2. Volumez provides the service “as is” and “as available”, without any warranties and Representations.
3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VOLUMEZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE ABOVE, VOLUMEZ MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO (I) THE SERVICE MEETING YOUR REQUIREMENTS, OR BEING UNINTERRUPTED, CONTINUOUS, TIMELY, OR ERROR OR VIRUS FREE; (II) WHETHER YOUR USE OF THE SERVICE OR THE CONTENT WILL GENERATE ANY RESULTS OR CONSEQUENCES; OR (III) WHETHER YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION.
4. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT FULLY APPLY TO YOU.
5. THE WEBSITE USER IS SOLELY LIABLE FOR THE USE HE/SHE INTENDS TO MAKE OF THE WEBSITE AND THE PRESERVATION OF THE SECURITY AND INTEGRITY OF HIS/HER DATA.

PRIVACY AND OTHER POLICIES

By using the Service, You are aware that Volumez (and third parties on its behalf) collect, use, or otherwise processes Your user’s data and the data You produce while using the Service. For further information, please read our Privacy Policy.



Please note that this Agreement also supplements our Website Cookie Policy

CONFIDENTIALITY

1. "Confidential Information” means all information provided by a party to other party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure and excluding any information that was or has become publicly available without the receiving party’s actions or inactions. Volumez’s confidential information includes, without limitation, the Service’s features, functionality and performance and your view of the Service. Your Confidential Information includes, without limitation, the Content.
2. Each party will hold the other party’s Confidential Information in strict confidence, use it only subject to the terms of this Agreement, allow its use only by the receiving party’s employees and consultants who have signed in advance a confidentiality agreement containing terms similar to this Agreement and on a need-to-know basis and pursuant to the terms of this Agreement, not make the other party’s Confidential Information available to any third party unless to the extent required by applicable law, implement adequate security measures to ensure against unauthorized access to, use or copying of the other party’s Confidential Information, and notify the other party in writing of any misuse of misappropriation of the other party’s Confidential Information of which the receiving party may become aware; in each case without derogating from the terms of the Volumez Privacy Policy.

TERM AND TERMINATION

1. This Agreement will remain in effect until expiration or termination of Your Subscription.
2. The initial subscription term of the Agreement will be as set forth in the Order Form (the "Initial Subscription Term").At the end of the Initial Subscription Term, all Your Volumez subscriptions (including any additional subscriptions added to Your account) will renew automatically for additional periods equal to the Initial Subscription Term, unless You or Volumez notify the other in writing, at least 30 days prior to the end of the then-current subscription term, that it chooses not to renew (the Initial Subscription Term, together with any renewal subscription terms shall be referred to as the “Subscription Term”). Notwithstanding the foregoing, Volumez may terminate this Agreement immediately, for any or no reason, by providing a written notice.
3. You may terminate a Subscription at any time during its Term; however, you must pay all amounts due before the termination is effective
4. One-Month Subscription. A Subscription having a one-month Term may be terminated anytime without any cancellation fee.
5. Subscriptions of more than one-month. If you terminate a Subscription within 30 days of the date on which the Subscription became effective or was renewed, no refunds will be provided, and you must pay for the initial 30 days of the Subscription, but no payments will be due for the remaining portion of the terminated Subscription. If you terminate a Subscription at any other time during the term, you must pay for the remainder of the Term, and no refunds will be provided.
6. Other Subscriptions. For all other Subscriptions, if you terminate a Subscription before the end of the Term, you must pay a fee equal to one-month's Subscription fee and you will receive a refund of any portion of the Subscription fee you have paid for the remainder of the Term; provided, however, no refunds will be provided for partially unused months, unless otherwise agreed between the parties.
7. Upon termination or expiration of this Agreement; (a) you will cease use of the Service and all rights granted to you under this Agreement will terminate; and (b) Sections ‎3.1, ‎4, ‎5, ‎6, ‎8, ‎9 through ‎12, ‎13, ‎15 and ‎16 survive termination of the Agreement. Thereafter, Volumez may delete any of your Content from its servers or databases.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, (i) UNDER NO CIRCUMSTANCES WILL VOLUMEZ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF VOLUMEZ BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE; AND (ii) VOLUMEZ’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE FEES ACTUALLY RECEIVED BY VOLUMEZ FROM YOU UNDER THIS AGREEMENT DURING THE 6 MONTHS PRECEDING THE APPLICABLE CLAIM. THE ABOVE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN THE PARTIES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT FULLY APPLY TO YOU.

LIMITATION OF CLAIMS

Any claim or cause of action arising out of or related to use of the Service or to the Agreement must be filed within six months after such claim or cause of action arose, or be forever barred.

INDEMNIFICATION

You undertake to indemnify, defend, and hold harmless Volumez, its officers, directors, employees, agents and affiliates, from and against all losses, liabilities, claims, obligations, costs and expenses (including reasonable attorneys’ fees) made by any third party arising from or relating to your use of and access to the Services, website, use of a marketplace in which we offer our services, your Content or any third-party claims which the mentioned above , your violation of these Terms or Volumez websites’ specific Terms and any claims against Volumez by your employees, users, consultants, customers, service providers or the like in connection with their use of the Service.

GOVERNING LAW AND EXCLUSIVE COURTS

This Agreement will be governed by laws of the State of Israel without regard to its choice of law or conflicts of law principles. You and Volumez consent to the personal jurisdiction of and exclusive venue in the courts of Tel Aviv, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court where such infringement has occurred.

FORCE MAJEURE

Neither party will be deemed to be in breach of this Agreement for any failure caused by reasons beyond a party’s reasonable control (including without limitation acts of God, war or civil disturbance), and it will notify the other party as soon as practicable in writing of such failure.

INJUNCTIVE RELIEF

You acknowledge that any use of the Service contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to Volumez, its affiliates, suppliers and any other party authorized by Volumez to resell, distribute, or promote the Service (“Resellers”), and under such circumstances Volumez, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

SUPPORT

1. For any questions or assistance with your subscription or Service, our customer support team is here to help. You can reach us here: https://volumez.com/get-started/#support.
2. Volumez aims to respond to all customer inquiries within 24 hours. However, response times may vary during peak periods or due to high volumes of inquiries.
3. In the event of service disruptions or technical issues, please check the status page for real-time updates. For critical issues impacting your service, contact our support team directly, and we will prioritize your request.

GENERAL

1. This Agreement, applicable Order Form, and Privacy Policy constitute the entire agreement between you and Volumez, state Volumez’s and Volumez’s suppliers’ entire liability and your exclusive remedy with respect to the Service, and supersede all prior agreements pertaining to subject matters of the Agreement, the Order Form, the Privacy Policy, and you specifically confirm that you have not entered into this Agreement relaying on any oral or written public comments made by Volumez regarding future functionality or features of the Service. For the avoidance of any doubt, and unless otherwise stated in the Order Form, in the event of contradiction between this Agreement and the terms of the Order Form, the terms of the Order Form shall prevail. This Agreement has been prepared in the English language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.
2. You and Volumez are independent contractors with respect to each other, and nothing in this Agreement will be construed as creating a partnership, agency, fiduciary or employment relationship or a joint venture between you and Volumez, unless otherwise agreed between the parties.
3. If any provision of this Agreement is held to be contrary to law, such provision will be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect.
4. The section titles in this Agreement are solely for convenience and have no legal or contractual significance. No provision of the Agreement will be construed against Volumez but rather will be construed in a neutral manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.
5. Volumez may revise this Agreement from time to time and at its sole discretion. When such changes are effected, Volumez will publish an updated version on the website:  https://volumez.com/app#/legal/terms-of-service.
6. All modification’s to or waivers of any term of this Agreement must be in a writing signed by you and Volumez and expressly reference this Agreement. No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right under the Agreement will not constitute a waiver.
7. Volumez suppliers are beneficiaries of the limitations, obligations and restrictions contained in this Agreement that are protective of Volumez or the Service.
8. This Agreement, and any rights granted hereunder, may not be transferred or assigned by you. Volumez may assign or transfer this Agreement and any Order Form without limitations.

Updated: August 27th, 2024