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Vola's Terms of Service


Last updated: November 17, 2023



Welcome to Vola. These Terms of Service (“Terms”) govern your use of products and services provided by Vola Inc. (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 products and services, and the App are collectively referred to as the “Services.”


THIS AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 25 BELOW FOR MORE INFORMATION.


1. Agreement to Terms

Please carefully review these Terms before using or accessing the Services. If you do not agree to these Terms, you may not use or access 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 do not want to be bound by these Terms, do not use the Services or click “Continue.”



2. 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, unless a different process or timeline is required by law. If we make material changes to these Terms, we will provide you notice of such changes before they become effective. You should check these Terms on the Site periodically for changes. All changes shall be effective upon posting. We will date the Terms with the last day of revision. Your continued use of the Services after any change to the Terms constitutes your agreement to be bound by any such changes.



3. Privacy Policy

Vola maintains a Privacy Policy, and it details how we handle and protect data. We fully incorporate our Privacy Policy into these Terms. Note that we reserve the right to update the Privacy Policy at our discretion, and that any changes made to our Privacy Policy are effective when the updates are live on the Site.



4. Consent to Obtain Information from Third Parties

To use the Services, you may direct Vola to retrieve your account transaction history, balance information, and other information maintained by third parties with which you have relationships, support accounts, or engage in financial transactions, including without limitation, an external bank account (such information, “Third-Party Account Information”; such bank account, a “Bank Account”). 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 displayed through the Services will be the information we most recently accessed. This information may not reflect pending transactions or other recent activity. These Terms are not an application for credit.



Vola currently utilizes Plaid Inc. (“Plaid”), a third-party technology company, to retrieve your linked Bank Account information. Plaid offers a secure method of transmitting your linked Bank Account 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 Forward Lending, Inc. (“Method”), a third-party technology company, to retrieve your linked liability account information. Method offers a secure method of transmitting your linked liability account information, without the need for account credentials. By using Vola, you agree to Method’s Privacy Policy and Terms of Service.



5. Registration and Your Information

In order to access the Services, you must create an account with Vola (a “Vola Account”). Vola is not a depository institution, and a Vola Account is not a bank 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”). This process will include the creation of a Login ID and password for your Vola Account. 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. 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:




You must 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 do not, we may suspend or terminate your Vola Account. You agree that you will not disclose your Vola Account password to anyone and you will 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 are 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 corp@volafinance.com.



6. Eligibility to Use Services

You may use the Services only if you: (i) have reached the age of majority in your state of residence and are capable of forming a binding contract with Vola; (ii) are a United States citizen (or a legal U.S. resident); (iii) hold a Bank Account; and (iv) are not barred from using the Services under applicable law. 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.



7. Overview of Memberships and Services

Vola offers a variety of Services under its Basic Membership and Premium Membership as described below:




8. Advances




9. Referral Program




10 SMS Messages


By accepting these Terms and providing your phone number, you expressly consent to receive SMS messages (including text messages) from us, our agents, representatives, affiliates or anyone messaging on our behalf at the specific number(s) you have provided to us, with service-related information or questions about the Services. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else's. You represent that you are permitted to receive SMS messages at the telephone number you have provided to us. If you change your phone number, you must promptly provide and verify your new telephone number. You are responsible for any third-party messaging or data fees you may be charged for sending or receiving SMS messages. To verify your telephone number, we may send you a code via text message to the telephone number you provide, and you must enter that code as instructed by us. To control receipt of these communications, text HELP for help or text STOP to cancel. You can do this in the Personal Information section of your Vola Account via the App. 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.



11. Offers for Financial Products


We will use information about you and your Bank Account from the financial institution holding your Bank Account and other third-party websites and databases (“Financial Information”) to generate offers for financial products and services from our marketing partners that may interest you. It is always your choice whether or not to apply for an offered product or service and we will never submit an application for a financial product or service on your behalf without your express consent. We may receive compensation from our marketing partners for promoting their products and services through our Services. The technology we use to provide you with offers for financial products and services is proprietary and, in finding those offers for you, we may elect to consider, ignore, emphasize, or de-emphasize relevant factors at our sole discretion. We do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer. Vola does not endorse, warrant or guarantee any third-party products or services available through the Services. While Vola works hard to verify the rates, terms, and rewards offered by any particular advertiser or third party, Vola does not guarantee that the rates, product terms, rewards, or other service terms provided by any particular advertiser or other third parties on the Services are actually the terms that may be offered to you if you pursue the offer, or that they are the best terms or lowest rates available in the market. Any offer is subject to the third parties’ review of your Financial Information. If you elect to use or purchase products or services from third parties, you are subject to their terms and conditions and privacy policy.



12. Third Party Account Verification Provider


Vola currently utilizes Braintree Payments Inc. (“Braintree”), a third-party technology company, to receive 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. (“Dwolla”), a third-party technology company, to electronically debit your Bank Account for Subscription Fees, if applicable, and Advance repayment. Dwolla offers a secure method of transmitting your payments. For more information on Dwolla, please see https://www.dwolla.com/legal/tos/.



13. Feedback


We welcome and encourage feedback, comments, and suggestions for improvements to the Services (“Feedback”). You grant 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, or 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.



14. 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 Vola Account holders (including you) provide to be made available through the Services. Content includes, without limitation User Content. User Content does not include Third Party Account Information.



15. 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 rights, titles, and interests 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.



16. 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 Vola 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.



17. 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 solely for your personal and non-commercial purposes.



18. 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.



19. General Prohibitions and Vola’s Enforcement Rights

You agree not to do any of the following:


Although we are 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 to operate 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.



20. Links to Third Party Websites or Resources


The Services and App may contain links to third-party websites or resources. We provide these links only for convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. Vola does not warrant or guarantee the third-party products or services available through these links, all of which are subject to the respective third party’s terms of use or customer agreement. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.



21. Termination

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 hello@volafinance.com. Upon any termination, discontinuation or cancellation of the Services or your Account, the following provisions of these Terms will survive: “Feedback”, “Content and Content Rights”, “Content Ownership, Responsibility and Removal”, “Termination”, “Indemnity”, “Limitation of Liability”, “Dispute Resolution” and “General Terms”.



22. Warranty Disclaimers

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 you will not be charged an overdraft or insufficient funds fee in connection with obtaining Management Services or Advances. 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, APPROVAL ODDS, OR RELATED INFORMATION, AVAILABLE THROUGH THE SERVICES OR THE CONTENT; OR THE AVAILABILITY OR LEGALITY OF ANY OF THE OFFERS FROM OUR MARKETING PARTNERS.



23. Indemnity

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 or the Subscription Agreement.



24. 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. TO THE EXTENT PERMITTED BY LAW, 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 SHALL NOT 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.



25. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. YOU ACKNOLWEDGE THAT YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SECTION 25.2 BELOW.




26. ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT

The following disclosures are made by federal law regarding electronic funds transfers.




Miscellaneous



27. Governing Law and Venue


These Terms shall be governed by, and all Disputes shall be resolved in accordance with the laws of the State of New York, without regard to its conflicts of law rules. Judicial proceedings (other than small claims actions) that are excluded from the agreement to arbitrate above 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



28. Severability

Except as set forth in Section 25.11, if any portion of these Terms is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, these Terms’ remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Terms shall remain in full force and effect.



29. 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.



30. Assignment


Vola may assign its rights or obligations according to these Terms. You may not assign any rights hereunder without our prior written consent. Nothing contained in these Terms shall be construed to limit the actions or remedies available to Vola with respect to any prohibited activity or conduct.



31. 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 outlined 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.



32. 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.



33. Contact Information


We offer our members ongoing customer support to help you manage any hiccups or to answer any questions. Please contact us by emailing hello@volafinance.com if you have any questions about these Terms or the Services or our Privacy Policy. We can also be reached via the help/contact us section of our app or at +1 (877)-398-VOLA during regular business hours. Never hesitate to reach out

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