Terms of Service

Last updated: November 26, 2024

Welcome to vavolta. These Terms of Service ("Terms") govern your access to and use of the vavolta platform and services.

1. Agreement to Terms

By accessing or using vavolta ("Service"), you agree to be bound by these Terms of Service and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

vavolta is a business-to-business (B2B) service. By using our Service, you represent that you are acting in a business capacity and not as a consumer.

2. Definitions

• "Service" means the vavolta platform, including all features, applications, and APIs.
• "User," "you," or "your" means the individual or entity using the Service.
• "Content" means any files, documents, or materials you upload or create through the Service.
• "Lead Magnet" means any PDF document or content you share using the Service.
• "Access Link" means a unique URL generated to share your Content with recipients.
• "Recipient" means any person who accesses your Content through an Access Link.

3. Account Registration

3.1 Eligibility

To use vavolta, you must:

• Be at least 18 years of age
• Be acting in a business or professional capacity
• Provide accurate and complete registration information
• Have the authority to enter into these Terms

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must notify us immediately of any unauthorized use.

4. Service Description

vavolta provides a platform for:

• Uploading and hosting PDF documents
• Creating secure, trackable sharing links
• Tracking engagement and analytics on shared content
• Email verification and gating of content
• Team collaboration and management
• API access for integration with third-party systems

5. Subscription and Payments

5.1 Subscription Plans

vavolta offers various subscription tiers with different features and limits. Current pricing and features are available on our website.

5.2 Billing

• Subscriptions are billed in advance on a monthly or annual basis
• All payments are processed securely through Stripe
• Prices are exclusive of applicable taxes unless stated otherwise
• We may change pricing with 30 days' notice to existing subscribers

5.3 Cancellation

You may cancel your subscription at any time. Upon cancellation:

• Your subscription remains active until the end of the current billing period
• No refunds are provided for partial billing periods
• You retain access to your data for 30 days after the subscription ends

6. Acceptable Use

You agree NOT to use the Service to:

• Upload or share illegal, harmful, or offensive content
• Distribute malware, viruses, or harmful code
• Send spam, phishing attempts, or deceptive communications
• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Harass, abuse, or harm others
• Attempt to circumvent security measures or access restrictions
• Overload or disrupt the Service through excessive automated requests
• Resell or redistribute the Service without authorization
• Use the Service for any purpose other than legitimate business use

7. Content and Intellectual Property

7.1 Your Content

You retain all ownership rights to Content you upload. By using the Service, you grant vavolta a limited license to host, display, and transmit your Content solely for the purpose of providing the Service.

7.2 Our Intellectual Property

The Service, including its design, features, and underlying technology, is owned by Brixon Group Ltd and protected by intellectual property laws. You may not copy, modify, or reverse engineer any part of the Service.

7.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without obligation or compensation to you.

8. Data and Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your data.

When you use vavolta to process personal data of your Recipients, you act as the data controller and vavolta acts as a data processor. Our relationship is governed by our Data Processing Agreement.

9. Service Availability

9.1 Availability

We strive to maintain high availability but do not guarantee uninterrupted service. We may perform maintenance with reasonable notice when possible.

9.2 Modifications

We may modify, update, or discontinue features of the Service. For material changes affecting paid subscribers, we will provide reasonable notice.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Service will be error-free or uninterrupted
• Any defects will be corrected
• The Service will meet your specific requirements
• The Service is free from viruses or harmful components

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• VAVOLTA AND BRIXON GROUP LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
• THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY

Nothing in these Terms shall limit or exclude liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Intentional misconduct (wilful default) or gross negligence
• Any liability that cannot be excluded or limited under applicable law

12. Indemnification

You agree to indemnify and hold harmless Brixon Group Ltd and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your Content or its use by Recipients
• Your violation of any third-party rights

13. Term and Termination

13.1 Term

These Terms remain in effect while you use the Service.

13.2 Termination by You

You may terminate your account at any time through account settings or by contacting us.

13.3 Termination by Us

We may suspend or terminate your access if you:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Fail to pay applicable fees
• Pose a security risk to the Service

13.4 Effect of Termination

Upon termination, your right to use the Service ceases. Sections relating to intellectual property, limitation of liability, indemnification, and governing law survive termination.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of Malta and the European Union. Any disputes shall be resolved exclusively in the courts of Malta. As this is a business-to-business service, consumer protection regulations do not apply.

15. Dispute Resolution

Before initiating legal proceedings, you agree to first contact us at info@brixongroup.com to attempt to resolve the dispute informally.

16. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance of the updated Terms.

17. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: acts of God, natural disasters, pandemic or epidemic, war or terrorism, cyber attacks affecting third-party infrastructure, governmental actions, or failure of third-party telecommunications or hosting services.

The affected party shall promptly notify the other party and use reasonable efforts to mitigate the impact. If the force majeure event continues for more than thirty (30) days, either party may terminate the affected services without penalty.

18. Copyright Complaints

If you believe that content hosted on vavolta infringes your copyright, please send a notice to legal@brixongroup.com containing:

• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material with sufficient detail for us to locate it
• Your contact information
• A statement that you have a good faith belief that the use is not authorized
• A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

We will respond to valid notices in accordance with applicable law, including the EU Copyright Directive and E-Commerce Directive.

19. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and DPA, constitute the entire agreement between you and us.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our consent.

20. Contact Information

For questions about these Terms, contact us at: