Last updated: November 27th, 2019
Welcome to Vola’s financial and credit assistance services. These Terms of Service (“Terms”) govern your use of products and services provided by Vola Finance LLC (collectively “Vola”, “we”, “us”, or “our”). You can view information relating to our products and services from the website located at https://www.volafinance.com/ (the “Site”), and you can access and use Vola’s products and services by downloading our mobile device application (the “App”) available from the Apple App Store and Google Play Store. Our Site, our services and the App are collectively referred to as the “Services.”
Agreement to Terms
Please carefully review this Agreement before using this Site or Services or accessing any data thereon. If you do not agree to these terms, you may not access or use this Site or the Services. By using our Services or clicking “Continue” or “Agree and Continue” (or a similar button or link) when provided with a link or other access to these Terms, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services or click “Continue.” Please retain a copy of these Terms.
Modification to Terms
Vola reserves the right to amend the Terms at any time and will notify you of any such changes by posting the revised Terms on the Site. All changes shall be effective upon posting. We will date the Terms with the last day of revision. Your continued use of the Site or the Services after any change to the Terms constitutes your agreement to be bound by any such changes.
Vola’s E-Consent Terms
Consent to Obtain Information from Third Parties
To use the Services, you may direct Vola to retrieve your account transaction history, balance information, and/or other information maintained by third-parties with which you have relationships, maintain accounts or engage in financial transactions (“Third-Party Account Information”). Vola works with one or more third-party service providers, to access this Third- Party Account Information. By using the Services, you authorize Vola to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By agreeing to the Terms, you are also agreeing that you are responsible for keeping your passwords and usernames for this Third-Party Account Information secure, and for keeping those passwords and usernames up to date in the App. Vola does not review the Third-Party Account Information for accuracy, legality or non- infringement, and Vola is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites. Any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity. These Terms are not an application for credit.
Registration and Your Information
You’ll have to create an account with Vola (a “Vola Account”). Vola is not a bank and a Vola Account is not a bank account. This process will include creation of that a Login ID and password for your Vola Account. When you sign up for our Services, you agree to provide accurate, current and complete information—such as your name, mailing address, and email address –as may be prompted by any registration forms available through the Services or otherwise requested by Vola, “Account Information”). You further represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services. So that we can provide the Services to you, you may also need to provide the online credentials details of your Bank Account, such as the username, password and/or other credentials that allow you to access your Bank Account on the Internet. For our compliance purposes and in order to provide the Services to you, you hereby authorize us (or our third party service providers) to obtain, verify, and record information and documentation that helps us verify your identity and Bank Account details. When you create your Vola Account and from time to time thereafter, we may require you to and you hereby agree to provide and/or confirm information and documentation that will allow us to identify you, such as:
A copy of your government-issued photo ID, such as a passport or driver’s license;
Such other information and documentation that we may require from time to time.
It’s important that you provide us with accurate, complete and up-to-date information for your Vola Account and your Bank Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Vola Account. You agree that you won’t disclose your Vola Account password to anyone and you’ll notify us immediately of any unauthorized use of your Vola Account. You also agree not to transfer your Vola Account to any third party. You’re responsible for all activities that occur under your Vola Account, whether or not you know about them. Should you believe or have reason to believe that any of your Account Information, including your Login ID and/or password, has been compromised, or that another person is accessing your Vola Account through some other means, you agree to notify us as soon as possible at hello@V olafinance.com.
Eligibility to Use Services
You may use the Services only if you: (i) are 18 years or older and capable of forming a binding contract with Vola; (ii) are a United States citizen (or a legal U.S. resident); (iii) hold a bank deposit account or a credit union share draft account with a U.S. financial institution (any such account, a “Bank Account”); and (iv) are not barred from using the Services under applicable law. We refer to a bank and a credit union interchangeably as a “bank”. If your Bank Account is a joint account, you represent and warrant that you have the authority to bind the absent account holder and to enter into these Terms. Vola’s Management Services Vola offers several services to its users. These Services include, tracking your income and expenses, and we let you know about estimated upcoming bills and other expenses. Vola account tracking will monitor your linked bank account held at a depository institution (a “Bank Account”) and let you know when you’re in danger of overdrafting your Bank Account, helping you avoid overdraft fees. Vola’s Management services provides advances based on your anticipated income (each, an “Advance”) as part of its Account protection service If we detect that you are likely to overdraft your Bank Account based on your previous Bank Account activity, we will alert you to the possibility of overdrafting your Bank Account through the Services. Eligible users will then be offered the opportunity to receive a free Advance of up to $300 to their Bank Account or debit card. You may also log into the Services and request an Advance at any time. You may also access Advances without subscribing to the Management Services. In other words, you may access Advances without paying the Subscription Fee. To do so, please email email@example.com and state that you would like an Advance without subscribing to the Management Services. We offer Advances on a nonrecourse basis with no legal obligation to repay. However, we reserve the right to deny you access to Vola advances if you (i) do not meet the qualification requirements, (ii) request an excessive number of Vola advances in succession, or (iii) do not repay the full balance of an Vola advance. As noted above, all Advances are free.
Fees for Using the Services
We charge a tiered monthly fee ranging from $2.99 to $28.99 USD (the “Subscription Fee”) for Vola’s Services. Vola gives you access to customer support representatives over text message. The current amount of the Subscription Fee is disclosed in the App. We may debit the Subscription Fee on a monthly or annual basis from your Bank Account pursuant to your ACH authorization provided above. When paid monthly, the Subscription Fee is non-refundable, except as otherwise required by applicable law. We may change the amount, frequency, and debit date of the Subscription Fee from time to time in our sole discretion. We will notify you in advance of any change to the Subscription Fee by sending you an email, by posting a notice on the Website and the Application, and/or by any other method permitted by applicable law. By accessing or using the Services after any change to the Subscription Fee takes effect, you agree to pay the Subscription Fee, as modified. You may access Vola Advance without paying for Vola Services by contacting us via the “Contact Support” link in the help center section of the App, or by emailing firstname.lastname@example.org with your request. The Services are subject to the Subscription Fee. We require a connected bank account or debit/credit card (a “Payment Method”) for payment of the Subscription Fee. You will be billed for your first Subscription Fee on a monthly basis.
Your Authorization for ACH Debits and Credits
If you enroll in the Management Service, you authorize Vola to electronically debit your Payment Method for Subscription Fee once each month. As applicable, you also authorize Vola to electronically debit and credit your Payment Method to correct erroneous debits and credits. You have the right to receive notice of any debit for the Subscription Fee that would vary in amount from a previous Subscription Fee, but you agree that we only need to notify you in advance if a particular debit from your Payment Method would be more than $1. You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for automated clearinghouse (“ACH”) transactions as provided herein and will remain in full force and effect until you notify Vola that you wish to revoke this authorization by calling 929-295-6847 or emailing hello@Volafinance.com. You must notify Vola at least three (3) business days before the scheduled debit date in order to cancel this authorization. When you call or email, please include the name and telephone number associated with your Vola Account. Failure to provide correct and complete information may make it impossible for Vola to stop withdrawal of the preauthorized withdrawal. You agree to indemnify and hold harmless Vola from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your Payment Method if any of the information relied upon in your request to stop payment is incorrect or incomplete. If you have followed the instructions in this section to notify Vola of your desire to revoke your authorization at least three (3) business days before the scheduled debit date, Vola will be liable for your losses or damages directly caused by our failure to stop any preauthorized transaction. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so. You warrant and represent to Vola that you have the right to authorize us to charge and credit your Payment Method for payments due to us under this Agreement. If you have a joint Bank Account, you represent and warrant that you have the authority to (a) bind the absent accountholder; and (b) enter into this Agreement independently. You agree to indemnify and hold Vola harmless from any claims by any other owner of the Bank Account. You represent that you are capable of saving or otherwise storing a copy of this electronic authorization for your records, and the credit and debit transactions you request comply with applicable law.
Advances by Vola
To be eligible for Vola Advance, you must meet certain minimum qualifications, which are identified when you request access to Vola Advance, and which are also available in the help center section of the App. When you request access to use Vola Advance, you give Vola permission to review your Bank Account transactions to ensure you meet these minimum requirements and any other requirements Vola may deem necessary to qualify for Vola Advance. When you request a same day Vola Advance, you give Vola permission to initiate an account authorization transaction to verify that the debit card information you provide is associated with the Bank Account you selected to receive Vola advances. When you use Vola to receive an Advance, you also give Vola permission to initiate a withdrawals via ACH from your Bank Account for the amount of the Vola advance when we detect that you have received your next paycheck. Vola may initiate the withdrawal via ACH or by charging the debit card associated with your Vola Advance profile. If you have insufficient funds to repay Vola, you agree that Vola may, in its sole discretion, withdraw small amounts from your Bank Account until the balance is repaid in full, or withdraw the full amount of the Vola Advance when sufficient funds are in your Bank Account. We offer Vola advances on a nonrecourse basis with no legal obligation to repay.. However, we reserve the right to deny you access to Vola advances if you (i) do not meet the qualification requirements, (ii) request an excessive number of Vola advances in succession, or (iii) do not repay the full balance of an Vola advance.
Vola offers a referral program (the “Referral Program”) that provides a cash bonus to you if you refer someone who becomes a subscribed customer. Here is how it works:
Invite your friends to download the App and subscribe to Vola.
For every friend you invite who is new to Vola, you are eligible to receive a bonus.
You can invite up to 10 people; however, we reserve the right to limit the number of bonuses you are eligible to receive at our discretion.
By participating in the Referral Program, you further agree to the following terms and conditions:
The only compensation owed to you for each referral is as described above or in the Referral Program section of the App. If you violate the Terms or the terms of the Referral Program, you are automatically ineligible for receiving any compensation under the Referral Program.
It is within Vola’s sole discretion whether to accept a user of the Services, including but not limited to friends you invite through the Referral Program.
The intention of the Referral Program is to generate new Vola users who have created a Vola in good faith to use the products and services provided by Vola. If we suspect that you or the friends you invite under the Referral Program are abusing, or attempting to abuse, the Referral Program, we may take any corrective action to discontinue such abuse, including but not limited to deactivating your and/or your friends’ Vola user accounts, and seeking recoupment of bonus payments made to you.
Power of Attorney
By creating an Vola Account and using the Services, you automatically authorize us (or our third party service providers) to obtain, without any time limit or the requirement to pay any fees, information about you and your Bank Account from the financial institution holding your Bank Account and other third party websites and databases (your “Financial Information”) as necessary to provide the Services to you. For the purposes of these Terms and solely to provide the Financial Information to you as part of the Services, you grant Vola a limited power of attorney, and appoint Vola as your attorney-in-fact and agent, to access third party services, retrieve and use your Financial Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN VOLA IS ACCESSING AND RETRIEVING FINANCIAL INFORMATION FROM THIRD PARTY SERVICES, VOLA IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SERVICE.
You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third party account providers accessible through the Services. We make no effort to review information obtained from the financial institution holding your Bank Account and other third party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between Vola and our third party service providers, Vola owns your Financial Information.
Notifications and Verification
In order to use the Services, you must provide and verify your cellular phone number or other text message address to us, and you must expressly consent to receive text messages relating to the Services at that number or address. Third-party data and message fees may apply. To verify your cellular phone number or text message address, we may send you a code via text message to the cellular phone number or text message address you provide, and you must enter that code as instructed by us. If you change your cellular phone number or text message address, you must promptly provide and verify your new cellular phone number or text message address. You can do this in the Personal Information section of your Vola Account via the App. As part of your use of the Services, you may receive notifications, alerts, or emails about the Services. By providing your cellular phone number, you may receive SMS messages relating to your use of the Services. We will not send you promotional or marketing SMS messages without obtaining your separate, written consent, which is not required for you to use the Services. You agree to the receipt of these communications. To control receipt of these communications, text HELP for help or text STOP to cancel. You are responsible for any messaging or data fees you may be charged by your wireless carrier for receiving SMS notifications.
Offers for Financial Products
Third Party Account Verification Provider
Vola currently utilizes Plaid Inc., a third-party technology company, to retrieve information from your linked bank account. Plaid offers a secure method of transmitting your banking information, and Vola does not see or store your bank credentials. For more information on Plaid, please see https://plaid.com/legal/#privacy-statement
Vola currently utilizes Braintree Payments Inc., a third-party technology company, to recieve payments for our Subscription Fees. Braintree offers a secure method of transmitting your payments. For more information on Braintree, please see http://braintreepayments.com
Vola currently utilizes Dwolla Inc., a third-party technology company, to electronically debit your transfer money to and from your account. Dwolla offers a secure method of transmitting your payments. For more information on Dwolla, please see https://www.dwolla.com/legal/tos/
To use the Services, you may direct Vola to retrieve your account transaction history, balance information, and/or other information maintained by third-parties with which you have relationships, maintain accounts or engage in financial transactions (“Third-Party Account Information”). Vola works with one or more third-party service providers, to access this Third- Party Account Information. By using the Services, you authorize Dave to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By agreeing to this Agreement, you are also agreeing that you are responsible for keeping your passwords and usernames for this Third-Party Account Information secure, and for keeping those passwords and usernames up to date in the App. Vola does not review the Third-Party Account Information for accuracy, legality or non- infringement, and Vola is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites. You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
We welcome and encourage feedback, comments and suggestions for improvements to the Services (“Feedback”). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. If we elect to use Feedback for marketing or advertising purposes, you acknowledge and agree that we may do so in any media format now known or hereafter developed without requiring your pre-approval and you are not entitled to any compensation for such use.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. User Content does not include Financial Information.
Content Ownership, Responsibility and Removal
Vola does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Vola and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to Vola a non- exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Vola on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by Vola
Subject to your compliance with these Terms, Vola grants you a limited, non-exclusive, non- transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers. There may be limitations on your Bank Account or debit card that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your Bank Account or debit card.
Electronic Fund Transfer: Any transfer of funds that is initiated through an electronic device or computer to instruct us to debit or credit a Bank Account or debit card. Electronic Fund Transfers include such electronic transactions transfers initiated via telephone, website or mobile application. Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, withdrawal of funds out of your Bank Account to pay the Subscription Fee. Unauthorized Electronic Fund Transfer is an Electronic Fund Transfer initiated by a person other than you who does not have actual, implied, or apparent authority to initiate the transfer, and from which you do not benefit. If you give access to your Vola Account to another person, all payments by that person are authorized unless and until you notify us that payments by that person are no longer authorized.
Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly. Unauthorized Transfers: Tell us at once if you believe your Login ID or password has been lost or stolen or if your Vola Account has been, or may have been, subject to Unauthorized Electronic Fund Transfers. Contact us immediately to keep your possible losses to a minimum. You could lose all the money in your Bank Account(s). If you tell us within four (4) business days after learning of the loss or theft of your Login ID or password for your Vola Account or after learning of any other Unauthorized Electronic Fund Transfers associated with your Vola Account, you can lose no more than $50. However, if you DO NOT tell us within four (4) business days after learning of the loss, theft or unauthorized use associated with your Vola Account, and we can establish that we could have prevented the Unauthorized Electronic Fund Transfer(s) if you had told us in time, you could lose as much as $500.
If your periodic account statement issued by your bank or financial institution shows Unauthorized Electronic Fund Transfers and you DO NOT tell us within ninety (90) days after the statement was delivered to you, you may not get back any money you lose after the ninety (90) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen Login ID or password or of any other suspected Unauthorized Electronic Fund Transfers(s), the time periods specified in this Section 22.9 may be extended for a reasonable period.
Business Days. For purposes of this Section Vola business days are Monday through Friday. Holidays are not included.
Types of Transfers; Limitations.
You may use the Services to request and receive Advances to your Bank Account or a debit card, to repay such Advances in the amounts, and to pay the monthly Subscription Fee. Any limitations regarding Advance amount, or Subscription Fee amount will be displayed to you through the Services. Through the Services you may also authorize recurring preauthorized Electronic Fund Transfers from your Bank Account or debit card to pay for the Subscription Fee.
Documentation. We will email a confirmation receipt to you for each Electronic Fund Transfer made through the Services. In addition, your Vola payment history can be viewed within the Vola app by navigating to the “Account Settings” page and tapping “Account” or “Advances,” depending on the type of transactions you seek to view. You are responsible for reviewing your receipts and payment history and maintaining copies for your records.
Rights and Terms for Apps
Rights in App Granted by Vola
Subject to your compliance with these Terms, Vola grants you a limited non-exclusive, non- transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Vola reserves all rights in and to the App not expressly granted to you under these Terms.
General Prohibitions and Vola’s Enforcement Rights
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Services or any individual element within the Services, Vola’s name, any Vola trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Vola’s express written consent;
Access, tamper with, or use non-public areas of the Services, Vola’s computer systems, or the technical delivery systems of Vola’s providers; Attempt to probe, scan or test the vulnerability of any Vola system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Vola or any of Vola’s providers or any other third party (including another user) to protect the Services or Content;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Vola or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; Use any meta tags or other hidden text or metadata utilizing an Vola trademark, logo URL or product name without Vola’s express written consent; Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation or willingly violate, or attempt to violate, the terms of any program offered by Vola or Vola’s partners; or
Encourage or enable any other individual to do any of the foregoing.
Although we’re not under any obligation to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third Party Websites or Resources
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by contacting us via the “Contact Support” link in the help center section of the App or by emailing email@example.com. Upon any termination, discontinuation or cancellation of the Services or your Account, the following provisions of these Terms will survive: “Your Authorization for ACH Debits and Credits” (pursuant to the terms set forth in that section, above), “Feedback”, “Content and Content Rights”, “Content Ownership, Responsibility and Removal”, “Termination”, “Limitation of Liability”, “Dispute Resolution” and “General Terms”.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. We make no warranty that your participation in Vola Savings will not result in you being charged an overdraft or insufficient funds fee. USE OF THE SERVICES, THE CONTENT AND ANY INFORMATION OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE INFORMATION PROVIDED THROUGH THE SERVICES IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES. VOLA AND THE SERVICES ARE NOT ENDORSED BY OR AFFILIATED WITH THE FEDERAL DEPOSIT INSURANCE CORPORATION OR FINRA, AND VOLA IS NOT A BANK, CREDIT UNION OR OTHER DEPOSITORY INSTITUTION. VOLA MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE RESULTS OR SAVINGS THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICES. BEFORE MAKING ANY FINANCIAL DECISIONS OR IMPLEMENTING ANY FINANCIAL STRATEGY, INCLUDING RECOMMENDATIONS OF THIRD PARTIES IDENTIFIED THROUGH THE SERVICES, VOLA RECOMMENDS THAT YOU OBTAIN ADDITIONAL INFORMATION AND ADVICE OF ACCOUNTANTS OR OTHER FINANCIAL ADVISORS WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. YOU ACKNOWLEDGE THAT VOLA IS SOLELY AN INTERMEDIARY BETWEEN YOU AND OUR MARKETING PARTNERS FOR WHOM WE DISPLAY OFFERS FOR FINANCIAL PRODUCTS AND SERVICES. VOLA MAKES NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. VOLA EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE INACCURACY OR INCOMPLETENESS OF ANY SAVINGS ESTIMA TES, APPROV AL ODDS, OR RELA TED INFORMA TION, A V AILABLE THROUGH THE SERVICES OR THE CONTENT; OR THE AVAILABILITY OR LEGALITY OF ANY OF THE OFFERS FROM OUR MARKETING PARTNERS.
You will indemnify and hold harmless Vola and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
NEITHER VOLA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VOLA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL VOLA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VOLA AND YOU.
Governing Law and Venue
These Terms will be deemed entered into in New York and will be governed by and interpreted in accordance with the laws of the State of New York excluding conflicts of law. Judicial proceedings (other than small claims actions) that are excluded from the agreement to arbitrate below must be brought in state or federal court in Kings County, New York. You hereby consent to venue and personal jurisdiction in Kings County, New York. You hereby waive any right to a trial by jury.
Agreement to Arbitrate
You and Vola agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Vola with written notice of your desire to do so by email at firstname.lastname@example.org or regular mail at Attn: Vola Finance 81 Prospect Street, Brooklyn, New York 11201 within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Vola with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Vola with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Vola with an Arbitration Opt-out Notice, you acknowledge and agree that you and Vola are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Vola otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules, Process, Location and Procedure
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by directly calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Unless you and Vola otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Vola submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Vola will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Vola will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Vola changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Vola’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Vola in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Severability:If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms with the intention and consent of Vola and it’s Users for the remainder to be fully enforced.
Survival:All covenants, agreements, representations, and warranties made in these Terms shall survive your acceptance of these Terms and the termination of these Terms.
Entire Agreement:These Terms represent the entire understanding and agreement between you and Vola regarding the subject matter of the same and supersede all other previous agreements.
Assignment:You may not assign any rights hereunder without our prior written consent. Vola may assign its rights or obligations pursuant to these Terms. Nothing contained in these Terms shall be construed to limit the actions or remedies available to Brigit with respect to any prohibited activity or conduct.
Waiver:Non-enforcement of any term of these Terms does not constitute consent or waiver, and Vola reserves the right to enforce such term at its sole discretion. Vola’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Vola. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
No Joint Venture:No joint venture, partnership, employment, or agency relationship exists between you and Vola as a result of these Terms or your use of the Site or the Service.
(for use in the United States)
Thank you for using the mobile app – Vola – a smart platform that enables Vola Inc. (simply “Vola,” “we,” “us,” or “our”) to provide cash advances, provide content and account tracking and monitoring; based on attributes that reflect their risk profiles. By signing up to a Vola Tier, you agree to all the terms and conditions contained in this User Subscription Agreement, Disclosure, and Terms of Service (Please see our Terms of Service [link]) (the "Agreement").
Vola is free to download and use. However, Vola may in the future charge a fee for use of some of the features of Vola, under a notice to you through any medium available. You will be charged this fee only after we have your consent.
We do not charge for any content; however, downloadable content or key features may incur additional charges from your wireless provider. Your wireless provider’s standard rates apply to Internet access, including messaging rates that apply to SMS usage. Please contact your wireless provider for information about your Internet access and messaging plans.
Your Vola membership (if incurred upon) will continue month-to-month and automatically renew until terminated. To use the Vola service you must have Internet access and a compatible device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method (see "Cancellation" below).
We may offer a number of membership plans, some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Vola membership and Tier by visiting your Profile tab on the Vola App.
Vola reserves the right to impose limits on the amount and number of advances you may obtain on VOLA in a given period. If you attempt to make a advance in excess those limits, we may reject your applications and notify you accordingly.
Billing and Cancellation
Billing Cycle. The membership fee for the Vola Tiers service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
Payment Methods. To use the Vola service you must provide one or more Payment Methods. You can update your Payment Methods by going to the "Profile" tab. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your Subscription fee. You remain responsible for any uncollected Advance amounts and Subscription Fees. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
Cancellation. You can cancel your Vola membership at any time, however you are still accountable if there is an outstanding cash advance due before the billing cycle is over. We do not provide refunds or credits for any partial-month membership periods. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Profile" Tab.
No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Vola Subscription Service
You must be 18 years of age, to become a member of the Vola service.
The Vola service and any content are for your personal and non-commercial use only. During your Vola membership, we grant you a limited, non-exclusive, non-transferable right to access the Vola service and use the Vola Advances services if signed up for a tier. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for any other purposes.
Advance, and Advance Repayment
Electronic Repayment. If electronic payment is selected, repayment of an Advance is automatically initiated on due date for repayment.
You remain responsible for any uncollected Advance amounts and Subscription fees. If a repayment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method.
You may choose to manually repay Advance amounts with a different payment method such as a different debit account, and/or accepted external methods.
Vola reserves the right to impose limits on the amount and number of advances you may obtain on VOLA in a given period. If you attempt to make a advance in excess those limits, we may reject your applications and notify you accordingly.
You agree to allow Vola Inc. to collect payments in order to settle owed amounts using ACH debiting.