Updated: Feb 17, 2025

1. Overview

These terms of service (“Terms of Service”) are entered into between you and Volo Health, Inc. (“Volo Health,” “we,” or “us”). The Terms of Service govern your access to and use of the Volo Health website at Volo-health.com, including any content, functionality, communication channels, software, and Services offered on or through it (the “Website”), any Volo Health mobile application, now existing or hereafter created (the “App”), and any other services or features available on or through the Website or the App (the foregoing collectively defined herein as the “Services”).

By using the Services, you agree to be bound and abide by these Terms of Service. Volo Health may terminate your ability to use the Services without notice if you do not comply with these Terms of Service. If you do not agree to these Terms of Service, you must not access or use the Services. You must be at least 13 years old to use the Services.

Volo Health reserves the right to make changes to the Services and to these Terms of Service at any time. All changes are effective immediately when posted. Your continued use of the Services following the posting of the revised Terms of Service means that you accept and agree to the changes.

All Information Volo Health collects on the Services is subject to our Privacy Policy posted on the Services. By using the Services, you consent to all actions taken by us with respect to your Information in compliance with the Privacy Policy. The Privacy Policy is incorporated into and governed by these Terms of Service. To the extent there is a conflict, these Terms of Service supersede the Privacy Policy. You agree that you will not upload any confidential or personal information onto the Services except for personal information specifically requested by Volo Health pursuant to the Privacy Policy.

All Services Content (as defined below) is current as of the date it is posted on the Services to the best of Volo Health’s knowledge.

As used in these Terms of Service, references to the “Volo Health Team” include Volo Health, our owners, assigns, subsidiaries, affiliated companies, officers, and directors, and all parties involved in creating, producing, and/or delivering the Services.

2. Services

Volo Health provides online mental health assistance services, including but not limited to interactions with AI chat bots designed to assist with mental health care. All Services are subject to these Terms of Service as well as the additional provisions below. The terms in these Terms of Service govern to the extent there is a direct conflict between the additional terms linked below and these Terms of Service.

a. NO REPLACEMENT FOR PROFESSIONAL SERVICES. Our AI chat bots are not substitutes for trained, licensed professionals, and their use is intended as a supplementary resource only. There may be times when your communications with our AI chat bot triggers a notice prompting you to seek the advise of a licensed medical professional and providing relevant contact information. If receive this notice, the Services will not automatically terminate, however, in such an instance, Volo Health strongly urges you to discontinue use of the AI chat bot and seek assistance from a licensed medical professional. IF YOU ARE IN CRISIS, YOU SHOULD IMMEDIATELY CONTACT EMERGENCY SERVICES OR AN EMERGENCY HOTLINE.

b. Right to Modify the Services. We reserve the right to implement new elements as part of the Services including changes that may affect the previous mode of operation of the Services. We believe that any such modifications will enhance the overall Services, but it is possible that your opinion may vary.

c. No Contingency on Further Releases and Improvements. You understand that your purchase of products or services on or through the Website or App is not contingent on the delivery by us of any future release of any functionality or feature, including but not limited to the continuation of a certain Service beyond its current subscription term, or any third-party services.

d. As-Is. The Services are provided on an as-is basis as further described in Section 21, except as expressly provided otherwise in this Agreement.

e. Additional Terms. Additional terms may apply to specific services and programs offered by Volo Health on the Services. To the extent there is a conflict, these Terms of Service will take precedence.

3. Intellectual Property

The Services and their entire content, data, features, and functionality (including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Services) (“Services Content”) are the property of Volo Health or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below.

The Volo Health name and related logos are trademarks and service marks (“Marks”) of Volo Health. Volo Health Marks may not be used without advance written permission of Volo Health, including in connection with any product or service that is not provided by Volo Health, or in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Volo Health. Other products or company names mentioned on the Services may be trademarks or service marks of their respective owners.

A third-party website may feature our logos or trademarks, with or without authorization. Our logos or trademarks featured in any third-party website do not constitute or imply any approval, sponsorship, or endorsement of Volo Health.

If you believe that any content on the Services violates your intellectual property rights, please notify Volo Health as described in Sections 18 and 31.

4. Limited License And Prohibited Uses

Volo Health grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Services Content while using the Services. Except to make the Services available to you and your end users, as expressly permitted under these Terms of Service, any other use, including the reproduction, modification, distribution, transmission, republication, framing, display, or performance of Services Content without prior permission of Volo Health is strictly prohibited. You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Services Content.

You (the “Client”) may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree that you will not:

i. Use the Services in any way that violates any applicable law or regulation.

ii. Use the Services for the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way.

iii. Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.

iv. Transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

v. Impersonate or attempt to impersonate Volo Health, a Volo Health employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

vi. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Volo Health, may harm Volo Health or users of the Services or expose them to liability.

vii. Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

viii. Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

ix. Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without Volo Health’s prior written consent.

x. Use any device, software or routine that interferes with the proper working of the Services.

xi. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

xii. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Website or App are stored, any server, computer, or database connected to the Services.

xiii. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

xiv. Otherwise attempt to interfere with the proper working of the Services.

5. Your Use Of Communications Features of the Services

Volo Health is the provider of the Services for your use, which may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. You agree that:

i. You are exclusively responsible for all communications sent using the Services, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act, and you agree that you understand and will comply with those laws.

ii. You understand that your use of the Services may violate applicable laws if you do not comply with them. Volo Health is not responsible for your compliance with laws and does not represent that your use of the Services will comply with any laws. You should consult a lawyer for legal advice to ensure your communications comply with applicable law.

iii. Volo Health is a technology platform communication service application provider only. Volo Health does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method;

iv. You, not Volo Health, are the maker or initiator of any communications. You control the message, timing, sending, fraud prevention, and call blocking. The Services are purely reactive and sends messages only as arranged and proscribed by you. All communications, whether, without limitation, SMS, MMS, or email, are created by and initiated by you, whether generated by you or sent automatically via the Services at your direction.

v. Any customer data provided to Volo Health through any means, including without limitation, by inbound text, data imports, tablet sign-ins, API calls or manual entry, only includes data from individuals who have explicitly opted into your communications program and have explicitly agreed to receive your communications (whether by SMS, MMS, email, voice communication or other method) in accordance with applicable law, including without limitation the TCPA.

6. Payment

a. Fees. If you choose to purchase one or more services made available through the Website or App, you agree to pay all fees (“Fees”) associated with the Services. Our monthly subscription provides tiered pricing for different levels of services and products based on the services or products you choose to use. In addition to any monthly subscription services, there may be purchase add-in services for a one-time Fee or recurring subscription Fees. Fees may change from time to time. All Fees are exclusive of any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges (collectively, “Communications Surcharges”). You will pay all Communications Surcharges associated with your use of the Services. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are nonrefundable.

b. Charges. Any charges incurred by your purchase or use of the Services will be billed to the credit card we have on file. In the event you sign up for a Service that is ongoing and incurs recurring charges (such as a subscription), such charges will be billed in advance of Service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address, and telephone number, and to provide us with any changes in such information within 10 days of the change.

c. Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate performance of Services or delivery of products and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

d. Payment Disputes. You will notify us in writing within sixty (60) days of the date we bill you for any invoiced charges that you wish to dispute. You must pay all invoiced charges while the dispute is pending, or you waive the right to pursue the dispute. Where you are disputing any fees, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All Volo Health determinations regarding your obligation to pay invoiced charges are final.

e. Limited Refunds. Except as described below, all Fees assessed by Volo Health are non-refundable, and Volo Health does not provide Fee refunds or credits for partially used or unused subscriptions. If you sign up for a Service subscription but do not access the Service, you are still responsible for all Fees during the term of your subscription. If Volo Health chooses at its sole discretion to issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.

We reserve the right to issue refunds or credits at our sole discretion in the following situations:

i. Where you are dissatisfied with the Services or experience technical issues rending the Services unusable at any time within the two (2) week period after you first begin using the Services.

ii. Where we materially modify these Terms of Service or Privacy Policy during a billing period and such modification adversely affects you, we may refund a portion of your subscription Fee equal to the remaining unused term, as we determine appropriate or as may be required by applicable law. To be eligible for a refund, you must provide written notice that (a) identifies your account and (b) requests cancellation of the specific Service. The cancellation will be effective upon our receipt of your notice and our determination that you are authorized to effect such cancellation. Please refer to the “Communications and Contact Information” section below on how to provide notice to us.

iii. Where a modification or interruption of Services adversely affects you and alternative remedies, as specified in these Terms of Service, are not available, we may refund a portion of your paid subscription Fee equal to the remaining unused term of your subscription, as we determine appropriate or as may be required by applicable law.

7. Data Stored on Our Servers

Subject to our Privacy Policy, you agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Services. You acknowledge that we reserve the right to remove or terminate accounts that have not paid a subscription Fee, that remain inactive for longer than one (1) year, or that have violated one or more terms of this Agreement.

8. Account Registration

To access portions of the Services or to register for or use some services, you will be asked to provide registration details or other Information. It is a condition of your use of the Services that all Information you provide is complete, current, and accurate. All Information you provide to register through the Website or App, complete a transaction through the Website or App, or otherwise is governed by our Privacy Policy, and you consent to all actions Volo Health takes with respect to your Information consistent with our Privacy Policy.

9. Use and Protection of Login Credentials

You are responsible for maintaining the confidentiality of your username and password (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify Volo Health immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. Volo Health reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Volo Health’s opinion, you have violated any provision of these Terms of Service. User accounts are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Services with his or her password.

10. User Contributions

The Services may, now or in the future, contain areas where Users may publicly post, without limitation, discussions, message board comments, opinions, feedback, reviews, comments, videos, photos, and other content, and submit suggestions, ideas, comments, questions, or other information and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to Volo Health or other Users or other persons (hereinafter, “Post”) content or materials (collectively, “User Contributions”) on or through the Services. All User Contributions must comply with the Content Standards set out in these Terms of Service. For the avoidance of doubt, any information uploaded as part of using an AI chatbot services is not considered a User Contribution, unless and until such information is shared publicly using the Services.

Any User Contributions you Post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant Volo Health and its affiliates and service providers, its licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent, warrant, and covenant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to Volo Health; (b) all of your User Contributions do and will comply with these Terms of Service; (c) your User Contributions, and any third party or User’s access or use of the same, are authorized by all applicable third parties and applicable government agencies who own or possess any right or interest in or underlying the objects or property described therein; and (d) all User Contributions provided by you are accurate and complete in their requirement to satisfy the foregoing described representations and warranties.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Volo Health, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Volo Health is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Monitoring and Enforcement: Volo Health reserves the right to (1) remove or refuse to post any User Contributions for any or no reason in its sole discretion, and/or (2) take any action with respect to any User Contribution that Volo Health deems necessary or appropriate in its sole discretion.

Without limiting the foregoing, Volo Health has the right, but not the obligation unless so required by law, to fully cooperate with any law enforcement authorities or court order requesting or directing Volo Health to disclose the identity or other information of anyone posting any materials on or through the Services. If Volo Health is required to disclose your identity or Personal Information, Volo Health will make an attempt to give you notice to your provided contact details so that you may seek a protective order or other appropriate remedy. Subject to any protective order or other remedy available to you, Volo Health will proceed with disclosing information requested by any law enforcement authorities or court order if required to do so by law. NOTWITHSTANDING ANY OTHER TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, YOU WAIVE, RELEASE, AND SHALL INDEMNIFY AND RELEASE AND HOLD HARMLESS VOLO HEALTH AND ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Actions that Volo Health considers inappropriate and grounds for removal of offending material or termination of access to the Services include, but are not limited to, the following:

Using the Services to sell any goods or services that are unlawful in the location at which the content is posted or received, or the goods or services delivered;
Using the Services to Post any content that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, excessively violent, harassing, or otherwise objectionable;
Using the Services to Post any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups, or individuals or that provides instruction, information, or assistance in causing or carrying out such violence;
Using the Services to Post any content that holds Volo Health (including its affiliates) up to public scorn or ridicule or would in anyway damage or impair Volo Health reputation or goodwill;
Using the Services to Post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others;
Failing to obtain all required permissions when using the Services to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;
Deleting or altering author attributes, copyright notices, or other copyright management information, unless expressly permitted in writing by the author or owner;
Using the Services in a tortious manner, including the posting of libelous, defamatory, scandalous, threatening, harassing, or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress; or
Introducing viruses, trojan horses, or other harmful code.

Notwithstanding the foregoing, Volo Health does not undertake to review all material or User Contributions before they are Posted on the Services, and cannot ensure prompt removal of objectionable, inaccurate, or incomplete material after it has been Posted. Accordingly, Volo Health assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. Volo Health has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section

11. AI Chat

A primary feature of the Services is the AI chat bot feature through which you may interact and communicate with Volo Health’s proprietary AI. Any information and data you share while using the AI chat bot is not considered a User Contribution and we will take reasonable steps to ensure it is secure and protected, in accordance with Volo Health’s Privacy Policy.

12. Promotions

From time to time, the Services may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Services. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties, or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion. You will ensure that these activities comply with all relevant laws.

13. Copyright; Digital Millennium Copyright Act

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.

We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to [EMAIL] (Subject line: “DMCA Takedown Request”) and mailed to the designated copyright agent address below.

DMCA Notices are to be sent to:

Volo Health Inc.

ATTN: Legal Department

[Volo Health Address 1]

[Volo Health Address 2]

To be effective, the notification must be in writing and contain the following information:

i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

ii. a description of the copyrighted work or other intellectual property that you claim has been infringed;

iii. a description of where the material that you claim is infringing is located on the Website or App, with enough detail that we may locate it;

iv. your address, telephone number, and email address;

v. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

vi. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

vii. Counter-Notice: If you believe that your User Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload or display the content in your User Contribution, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:

viii. your physical or electronic signature;

ix. identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

x. a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

xi. your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our copyright agent, we will send a copy of the counter-notice to the original complaining party, informing that person that Volo Health may repost the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be reposted, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

We may, at our sole discretion, limit access to the Services and/or terminate the account of any user who infringes any intellectual property rights of others.

14. Third Party Content

The Services may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Volo Health. Volo Health is not responsible for the content or accuracy of any materials provided by any third parties.

15. Links To Other Web Sites

Volo Health may provide links to external web sites for the convenience of Services users. The inclusion of an external link on the Services does not constitute or imply support or endorsement of any kind. Volo Health does not control those web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third-party sites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use and the Privacy Policy for such sites.

16. Disclaimer

THE SERVICES AND ANY PRODUCTS OR SERVICES OFFERED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES, SERVICES CONTENT OR PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES CONTENT, WEBSITE, OR APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES CONTENT OR PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE OR APP, FROM US OR THE VOLO HEALTH TEAM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. FURTHER, VOLO HEALTH MAKES NOT WARRANTY THAT ANY THIRD-PARTY SOFTWARE OR SERVICES THAT MAY BE INTEGRATED INTO THE SERVICES OR MADE AVAILABLE THROUGH THE WEBSITE OR APP; ALL TERMS RELATED TO SUCH THIRD-PARTY SOFTWARE OR SERVICES SHALL BE GOVERNED BY THE APPLICABLE THIRD-PARTY TERMS AND CONDITIONS OR PRIVACY POLICY.

VOLO HEALTH DOES NOT VERIFY THE LICENSING STATUS OF ANY HEALTH CARE PROFESSIONAL WHO PROVIDES SERVICES THROUGH THE WEBSITE OR APP. BY USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT VOLO HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CREDENTIALS, QUALIFICATIONS, OR LICENSING STATUS OF ANY HEALTH CARE PROFESSIONAL. VOLO HEALTH IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM THE ACTIONS OR OMISSIONS OF HEALTH CARE PROFESSIONALS, INCLUDING BUT NOT LIMITED TO ANY INSTANCE WHERE A PROFESSIONAL MAY BE UNLICENSED OR IMPROPERLY LICENSED. USERS ARE ENCOURAGED TO INDEPENDENTLY VERIFY THE CREDENTIALS AND LICENSING STATUS OF ANY PROFESSIONAL BEFORE ENGAGING THEIR SERVICES.

YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE WE ARE NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.

THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICES CONTENT AND PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITE OR APP, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE ON THE SERVICES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

THE USE OF THE SERVICES, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR SERVICES CONTENT THROUGH THE WEBSITE OR APP IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Services, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or services provided by YOUR OR any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are solely between the seller OR PURCHASER of such merchandise OR SERVICE and you.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR APP FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR THE VOLO HEALTH TEAM.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE WEBSITE, APP, OR BOTH, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION

17. Limitation of Liability, Indemnification, and Mitigation

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Service and your use of the Services shall be limited to the amount you paid us for services purchased on the Website or App during the three (3) month period before the act giving rise to the liability.

IN NO EVENT SHALL VOLO HEALTH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR APP, OR ANY WEBSITE REFERENCED OR LINKED TO FROM THE WEBSITE OR APP.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES AND/OR STATEMENTS REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

You agree to defend, indemnify, and hold harmless Volo Health and the Volo Health Team against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with: (a) our use of or reliance on information or data supplied or to be supplied by you; (b) any breach of or default under these Terms of Service by you; (c) the wrongful use or possession of any Volo Health property by you; (d) any negligence, gross negligence or willful misconduct by you or your employees, agents, or Clients; (e) misrepresentations by you (f) violation(s) of applicable law by you, (g) your actions and the actions of your employees, agents, or Clients; (h) the acts or omissions of you in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email or other communications using the Services, and/or (i) Taxes and other Fees (“Claims”).

If any of the Services are, or in our opinion are likely to be, claimed to violate any third-party intellectual property right, at our option we may: (a) obtain the right for you to continue to use the Services as contemplated by these Terms of Service; (b) modify or replace the Services, in whole or in part, to seek to make the Services non-infringing; or (c) require you to immediately cease any use of the Services, including but not limited to the Volo Health Website or App.

18. Limitation On Time To File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE PRIVACY POLICY, OR THE SERVICES MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19. Injunctive Relief

You agree that a breach of these Terms of Service will cause irreparable injury to Volo Health for which monetary damages would not be an adequate remedy and Volo Health shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

20. Waiver And Severability

No waiver by Volo Health of a term or condition set forth in these Terms of Service shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Volo Health to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

21. Entire Agreement

Except as noted below, these Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Volo Health with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s).

Volo Health may enter into a separate agreement with you. The terms of any separate agreement between you and Volo Health will be considered a part of your entire agreement with Volo Health. To the extent there is a conflict between these Terms of Service and the terms of your separate agreement with Volo Health, your separate agreement with Volo Health will control.

22. Term and Termination

These Terms of Service will remain in full force and effect while you use the Services or subscribe to any products or services therein. Even after you are no longer a user of the Services, those provisions of these Terms of Service that by their nature are intended to survive will remain binding on you, including but not limited to Sections 3, 7, 11, 14, 17, and 21 to 31 and the Privacy Policy.

a. Grounds for Termination. You agree that Volo Health, in its sole discretion, may suspend or terminate your access to the Services (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to the Services, and reporting you to the proper authorities, if necessary.

b. No Right to Services Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Services will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

c. How to Terminate or Make Adjustments. If you, for any reason, would like to terminate your access to the Services or make adjustments to your account, Volo Health requires written notice at least 30 days before your next billing date.

d. No Termination by Third Party Users. Volo Health has limited access to subscriptions not directly purchased from us. Any user who has been given access to the Services by any party other than Volo Health, must contact the party who originally provided access to the Services for any inquiries related to termination.

23. Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. YOU MAY CHOOSE TO OPT-OUT OF THIS BINDING ARBITRATION BY NOTIFYING VOLO HEALTH IN WRITING WITHIN THIRTY (30) DAYS AFTER YOUR FIRST USE OF THE SERVICES.

The laws of the State of Delaware will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws.

Any controversy or claim arising out of or relating to these Terms of Service shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Delaware. Any arbitration award may be entered in a court of competent jurisdiction.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

24. Miscellaneous

a. International Use. Although the Services may be accessible worldwide, we make no representation that materials on the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Services from other locations do so on their own initiative and at their own risk. If you choose to access the Services from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Services, and/or information made in connection with the Services is void where prohibited.

b. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and/or services available through the Website or App arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

25. Communications and Contact Information

Volo Health may contact you regarding these Terms of Use or the Privacy Policy using any Information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from Volo Health, you can click on the “unsubscribe link” provided in such communications or contact us at [Contact Email].

When you create an account through the Website or App, you must designate a primary email address that will be used for receiving electronic communication related to these Terms of Use and the Service. Volo Health will never send you an email requesting confidential information such as account numbers, usernames, or passwords, and you should never respond to any email requesting such information. If you receive such an email purportedly from Volo Health, do not respond to the email and notify Volo Health by emailing us at [Contact Email].

For all other feedback, comments, requests for technical support, and other communications relating to the Services, these Terms of Service, and the Privacy Policy, please contact us at [Contact Email] or by mail at: