1.1. “Application” means any Volvox application downloaded from the Zendesk Marketplace.
1.2. “Confidential Information” means any information of Volvox or the User that is marked as confidential, is confidential or sensitive by nature, or would be considered confidential by a reasonable person.
1.3. “Content” means anything uploaded or otherwise transmitted through the Application.
1.4. “Data Controller” means Volvox DOO, otherwise referred to as Volvox.
1.5. “Data Processor” means any third party used by Volvox for the processing of users’ personal data.
1.6. “Intellectual Property” means all intellectual property rights (including, without limitation, all registered and unregistered copyrights, designs, trademarks, and patents) of any nature in any technology, trade secrets, user data (including, but not limited to, user email addresses, phone numbers, and addresses), software, programs, inventions, designs, works, and objects belonging to Volvox.
1.7. “Membership Data” means any information provided to us by the User as required for accessing or using the application.
1.8. “Third Party” means an entity other than Volvox or the User.
1.9. “Volvox” means Volvox DOO, a company registered under number 20870435 in Kragujevac, Serbia.
1.10. “User” means any person who downloads and accesses the Application, regardless of the nature of that access, whether that person is identified by Volvox or not.

2.1. Volvox grants the User a non-exclusive, non-transferable license to use the Application in accordance with these Terms.
2.2. The Application may contain links to other websites and may contain Content added by Third Parties. Volvox does not endorse, sponsor, or approve any such user-generated content or any content available on any linked website. Volvox explicitly disclaims all liability for any Content transmitted through the Application or otherwise transmitted to any User or person by any other means, including the User’s reliance on such Content.
2.3. The User agrees that the Application may not operate continuously and will be occasionally unavailable (including for maintenance needs).
2.4. The User must not, directly or indirectly:
(a) use the Application to create any service, software, or documentation that has substantially the same function as the Application;
(b) disassemble, decompile, reverse engineer, or use any other means to attempt to discover any source code, algorithms, or trade secrets underlying the Application; or
(c) encumber, sublicense, transfer, distribute, rent, or lease the application for the benefit of a third party;
(d) adapt, combine, create derivative works of, or in any other way modify any application.

3.1. The User must not use the Application for any unlawful, immoral, or unethical purposes.
3.2. The User must not knowingly, directly or indirectly:
(a) interfere or attempt to interfere with the proper working of the Application or any activities conducted on the application;
(b) bypass any settings or privacy measures that Volvox may use to prevent or restrict access to the application; or
(c) run a mail list, Listserv, any form of auto-responder, or „spam“ on the application.
3.3. The User must not use the Application for the purpose of transmitting any Content that:
(a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, sexist, threatening, violent, offensive, vulgar, indecent, unlawful, harassing, or otherwise inappropriate, including any Content likely to offend or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation, and/or any physical or mental disability;
(b) exploits another person in any way;
(c) involves the unauthorized disclosure of personal data;
(d) advertises services for natural persons or for any other reason that is inconsistent with the intended purpose of the Application;
(e) infringes or violates anyone’s intellectual property rights; or
(f) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
3.4. The User is solely responsible for the Content and all activities that occur during the use of the Application.
3.5. If the User misuses the Application contrary to these Terms, Volvox may, at its sole discretion, restrict, suspend, or disable the User’s access to the application.

4.1. Volvox will use the User’s content only to provide the User with the use of the Application or, if necessary, in accordance with any applicable law, legal requirements, police investigation, or request from a government authority.
4.2. Subject to clause 3.3 and any complaint addressed to the User, Volvox will record and store the User’s content only to provide and improve the User’s use of the Application. To avoid doubt, Volvox will not:
(a) store any of the user’s data and other statistics related to the use of the Application; or
(b) write any User Content to Zendesk except what is necessary to enable the user to use the application.
4.3. Volvox reserves the right to disclose any information necessary to satisfy any applicable law, legal requirements, police investigation, or request from a government body.
4.4. Volvox will immediately delete any and all copies of User Content following the aforementioned:
(a) when it is no longer necessary to provide the User with the use of the Application; or
(b) upon the written request of the User.
4.5. For additional information, please read Volvox’s Privacy Policy.

5.1. If the application requires a fee payment, the purchase price will be disclosed to the user before the user accesses the Application.
5.2. All fees are stated in US dollars and are exclusive of taxes. Volvox reserves the right to change the fees for any paid service or feature in the Application at any time and will notify the User of the change in a timely manner, in accordance with these Terms.
5.3. If the User purchases the Application, they will be directed to make the payment of the purchase price prior to the installation of the Application.
5.4. If the User’s payment for the application is invalid (i.e., the User’s credit card is declined or has expired), the User will be notified of the failed payment and will be instructed to make the payment within seven (7) days of the notification. If the User fails to make the payment within seven (7) days, Volvox may take any reasonable action to recover the purchase price of the Application or disable the User’s access to the application.

6.1. The User agrees to keep confidential information secret and to use or disclose it only for purposes authorized by the owner of the confidential information.
6.2. The confidentiality obligations in clause 6.1 shall not apply to information that is:
(a) generally available in the public domain, unless such availability is the result of a breach of these Terms;
(b) known before the User disclosed the information; or
(c) required to be disclosed under applicable law or a court order.

7.1. Nothing in these Terms constitutes a transfer of any intellectual property rights. The User agrees that Volvox owns all intellectual property rights in the Application.
7.2. The User must obtain express written approval from Volvox if they wish to reproduce any aspect of the Application or other intellectual property owned by Volvox.

8.1. The Terms will remain in effect until the User withdraws their consent or until these Terms are modified, but Volvox may terminate the Terms or the Application at any time and without prior notice at its sole discretion.
8.2. Volvox may suspend or terminate any User without prior notice at its sole discretion.
8.3. Volvox reserves the right to modify or terminate any feature in the application or the application in whole or in part at any time at its sole discretion.

9.1. Volvox shall not be liable to the User for any losses incurred or caused by the User in connection with the User’s use of the Application.
9.2. The User is responsible for any loss, damage, or injury to any party or parties (including Volvox, third parties, and other users) resulting from the User’s negligent acts or omissions while using the Software, and shall indemnify Volvox for any claims or demands against Volvox.
9.3. In no event shall Volvox be liable to the User or any third party for any:
(a) loss, inaccuracy, or corruption of data, loss or interruption of use of the Application, or procurement costs of substitute technology, goods, or services; or
(b) indirect, punitive, incidental, special, exemplary, or consequential damages, including, but not limited to, loss of business, revenue, profits, and commercial goodwill; these limitations are independent of all other provisions of this agreement and shall apply regardless of the failure of any remedy provided herein.
9.4. Without limiting the foregoing, the User agrees that the liability of Volvox, if any, arising out of any type of legal claim or action in any way connected to the user’s use of the Application shall be limited to the total amount paid by the User (if any) for any application purchased by the user.

10.1. The User acknowledges that Volvox makes no representations or warranties:
(a) that the User’s access to the application (including any payment platforms within the application) will be timely, secure, uninterrupted, and/or error-free;
(b) that all defects in the application will be corrected;
(c) that all information disclosed in the application will be accurate, up-to-date, complete, or useful; or
(d) that the Application or the server that stores and transmits the Application to the User is free of viruses or any other harmful components.

11.1. The User agrees and understands that the User assumes all risks when using the Application, including without limitation all risks associated with any online or offline interaction with other Users and Third Parties, and all risk for any damage to the user’s computer system or loss of data.

12.1. The User agrees to indemnify and keep continuously indemnified Volvox against all claims, actions, liabilities, costs, losses, and expenses (including legal fees on a full indemnity basis) incurred by Volvox as a result of the user’s use of the Application and/or due to the User’s failure to comply with these Terms.
12.2. The User will be liable to Volvox and indemnify it against all loss, damage, or injury to persons or property caused by the User or the employees or agents of the User, and the amount of all claims, damages, costs, and expenses that may be paid or incurred by Volvox in connection with any such losses, damages, or injuries shall be reimbursed at the User’s expense.

13.1. These Terms shall prevail in the event that anything in or associated with the Application is inconsistent with these Terms.
13.2. If any provision of these Terms is invalid or unenforceable, it should be read down or severed to the extent necessary, without affecting the validity or enforceability of the remaining provisions.
13.3. These terms and any agreement to which they apply shall be governed by the laws of Serbia and are subject to the jurisdiction of the courts in Serbia.
13.4. Volvox bears no liability to the User for any direct or indirect losses and/or expenses incurred by the User due to Volvox’s breach of these Terms, including Volvox’s negligence.
13.5. The failure of Volvox to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect Volvox’s right to subsequently enforce that provision.
13.6. Volvox may provide any notice under these Terms by sending an email to each user (“Notice”).
13.7. Volvox may amend these Terms at its sole discretion by giving reasonable Notice, and the modified Terms shall take effect immediately upon giving Notice. The User’s continued use of the Application following any change to these Terms will be deemed as the user’s acceptance of all Terms. If the User does not accept the modified Terms, they are obliged to cease using the Application.
13.8. These Terms, together with the Privacy Policy, constitute the entire agreement between the User and Volvox and supersede all prior versions of these Terms and all other communications, oral or written, express or implied.
13.9. These terms shall enter into force as of June 1, 2020.