Terms of service
The rules governing the use of the Voilatier platform by our customers.
Contents
1. Definitions
- Service: the Voilatier SaaS platform, accessible via voilatier.com and via API.
- Customer: the legal entity or individual that contracts the Service.
- Account: the isolated tenant within the platform that belongs to the Customer.
- User: any person authorized by the Customer to use the Account.
- Customer Data: all information entered or generated in the Customer's Account, including data about its own end customers, transactions, settings, templates and reports.
- Voilatier: Voilatier Inc., the provider of the Service.
2. Acceptance
By creating an Account, contracting a plan or using the Service in any way, the Customer accepts these terms in full. If the Customer is acting on behalf of a legal entity, it represents that it has authority to bind it. If the Customer does not accept these terms, it must not use the Service.
3. Limited license
Voilatier grants the Customer a non-exclusive, non-transferable, revocable and limited license to access and use the Service during the term of the contracted plan, subject to the applicable usage limits (message volume, number of Users, number of end customers, API calls).
4. Intellectual property
4.1 Of the Service
Voilatier retains ownership of all rights in the Service, including software, documentation, trademarks, designs, aggregated metrics and improvements. Nothing in these terms transfers to the Customer any rights over the source code or the Voilatier brand.
4.2 Of the Customer Data
The Customer Data is the exclusive property of the Customer. Voilatier processes it solely as a data processor, in accordance with the DPA and the Privacy Notice. Voilatier does not use the Customer Data to train general models or for purposes other than providing the Service.
5. Usage restrictions
The Customer must not:
- Reverse engineer, decompile or attempt to extract the source code of the Service.
- Resell, sublicense or redistribute the Service to third parties.
- Use the Service to send unsolicited (spam) or unlawful communications.
- Upload content that infringes third-party rights or that is fraudulent, defamatory or discriminatory.
- Attempt to penetrate the infrastructure beyond the scope permitted to the Customer (testing one's own APIs is permitted; attempting to access other Customers' Accounts is not).
- Generate synthetic load with the intent of degrading the Service.
6. Payments and billing
- The Customer pays for the contracted plan in advance. Plans renew automatically at the end of each cycle unless cancelled with 30 days' notice.
- Prices are published at /pricing. Voilatier may adjust prices with 60 days' prior notice by email to the Account administrator.
- If a payment fails, Voilatier will retry for 14 days before suspending the Service. After suspension, the Account remains accessible in read-only mode for an additional 30 days.
- All prices are in United States dollars (USD) unless expressly stated otherwise. Local taxes are the Customer's responsibility.
7. Suspension and termination
Voilatier may suspend or terminate the Account for just cause, including:
- Non-payment after the grace period described in section 6.
- Material breach of these terms.
- Use of the Service for unlawful activities.
- Order from a competent authority.
The Customer may terminate the contract at any time, effective at the end of the current billing cycle. After termination, the Customer has 60 days to export its data before it is deleted.
8. Service availability
Voilatier commits to 99.9% monthly uptime for the Atelier and Maison plans. The live status of the Service is published at status.voilatier.com. Scheduled maintenance windows are notified at least 72 hours in advance and do not count against the SLA.
If monthly uptime falls below the commitment, the Customer is entitled to a proportional credit on the next billing cycle, upon written request within the following 30 days.
9. Limitation of liability
To the maximum extent permitted by applicable law, Voilatier's aggregate liability for any claim related to the Service shall not exceed the amount paid by the Customer in the 12 months prior to the event giving rise to the claim.
Voilatier shall not be liable for indirect, incidental, special or consequential damages, lost profits or loss of data, even if it has been advised of the possibility of such damages.
10. Indemnification
The Customer agrees to indemnify and hold harmless Voilatier, its directors and employees, from any third-party claim arising out of: (a) the Customer's use of the Service; (b) breach of these terms; (c) infringement of third-party rights by the Customer Data.
11. Governing law and arbitration
These terms are governed by the laws of the Republic of Panama, without regard to its conflict-of-law rules. Any dispute that cannot be resolved through good-faith negotiation shall be submitted to arbitration administered by the Panama Conciliation and Arbitration Center (CeCAP), in accordance with its rules in force at the time of the dispute. The arbitration shall be conducted in Spanish, before a single arbitrator, in Panama City. The award shall be final and binding.
Notwithstanding the foregoing, either party may seek injunctive relief before the ordinary courts where strictly necessary to protect rights whose defense does not admit delay.
12. Modifications
Voilatier may modify these terms. Material changes will be notified to the Account administrator at least 30 days in advance. Continued use of the Service after the effective date constitutes acceptance of the new version.
13. Force majeure
Neither party shall be liable for failure to perform obligations caused by circumstances beyond its reasonable control, including natural disasters, armed conflicts, officially declared pandemics, massive failures of public infrastructure (electricity, internet) or governmental acts that prevent performance.
Any questions about these terms may be directed to [email protected].