Terms and Conditions/ Raiser
These Terms and Conditions ("Terms") apply to the use web and mobile applications, software and website ("Products") provided by VOLO LLC under the trademark of “Raiser”. By using our Products, you agree to comply with and to be bound by these Terms.
1. Interpretation and Definitions
VOLO ("we," "us," or "our") refers to VOLO LLC, a company organized and existing under the laws of the Republic of Armenia, with its registered address at: Komitas Avenue 54v 4-5th floor, 0051, Yerevan, Republic of Armenia.
Software or Raiser means software developed by VOLO under the “Raiser” trademark, which is intended for human resource management.
Web and mobile applications – applications developed by VOLO under the “Raiser” trademark for partial or full use of the Software.
Customer (“you”, “your”) – a person that wants to use or uses the Software.
User – Customer’s specialist who personally uses the Software.
2. General Terms
(a) These Terms form a legally binding agreement between you and us.
(b) We reserve the right to update or modify these Terms at any time without prior notice. The latest version of these Terms will be posted on our Website, and you should review them regularly.
(c) We may also provide additional terms and conditions or policies that apply to specific features or services of our Products. Your use of those features or services is subject to those additional terms and conditions, which are incorporated into these Terms by reference.
(d) If you do not agree to these Terms, you should not access or use our Products. If you continue using our Products you agree with Terms.
3. Use of Products
(a) You may use our Products only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of our Products complies with all applicable laws and regulations.
(b) You must not use our Products in any way that could damage, disable, overburden, or impair our Products or interfere with any other party's use of our Products.
(c) You must not use any manual or automated software, devices, or other processes to "crawl," "spider," or "scrape" any content from our Products.
(d) You are solely responsible for any data, information, or content that you upload, transmit, or otherwise make available through our Products. You represent and warrant that you have all necessary rights, licenses, and permissions to use, post, and transmit such data, information, or content.
Trial Period for the Software use
We offer a free trial opportunity for 14 (fourteen) calendar days to allow new Customers to test the Software before committing to a paid subscription. The trial period starts from the date when the User successfully logins to his trial account for the first time. Customers will not be charged any fees or requested to provide billing information during the trial period. Each Customer is entitled to only one trial period. Trial period may be extended at our discretion.
After the expiration of the trial period, there is no automatic conversion to a paid version of the Software.
Subscriptions and Fees
Currently, there are 3 subscription plans available and offered to the clients, differences are the following:
Plan Pricing: monthly fixed price and per employee/month price.
Subscription term: monthly and annual.
Employee count restrictions.
Discount. (Discounts are listed on the Website (if any))
During and after the trial period, the Customers may choose between the available Software versions and purchase a subscription plan either with a monthly or annual period.
All subscriptions are set to renew automatically and will be extended by an additional period of one month for monthly subscriptions or one year for annual subscriptions unless the Customer cancels (turns off) their subscription renewal from their Raiser account before the beginning of the extension period.
The period for monthly subscriptions starts on the day of successfully completing the subscription purchase and ends with the expiry of one month.
The monthly subscription fee for fixed price per month subscription plans will be equal to the monthly fixed subscription fee defined for that plan for up to the maximum employee count set for that plan.
The monthly subscription fee for per employee/month price subscription plans, will be equal to:
For the first month, the amount is fixed, and will be the same for all Customers selecting the same plan. This is true for the first month only.
Monthly Subscription Fee = employee count representing the maximum number of: the Customer’s employee count at the time of subscription purchase and the minimum employee count set for the selected plan * per employee/month price.
For further months, the subscription fee will depend on the employee count of the Customer.
Monthly Subscription Fee = the Customer’s employee count as at the last day of the previous billing period (if it is less than the minimum employee count set on the plan, than the plan’s min employee count will be taken) * per employee/month price.
Last day of the previous billing period - For example, on June 1, upon subscription auto renewal, the Customer will be charged the new subscription fee based on May 31 employee count.
The payments for monthly subscription fees are due monthly in advance and will be charged on the due date at the beginning of the billing period to the payment method provided. For example, if the current subscription is for 16 April - 15 May period, the new subscription fee will be charged on 16 May for the period of 16 May -15 June, based on the Customer’s employee count of 15 May.
The period for annual subscriptions starts on the day of successfully completing the subscription purchase and ends with the expiry of one year.
If the Customer chooses a Software version with monthly fixed price per month, the annual subscription fee = monthly fixed subscription fee * 12 - the discount noted on the Website for annual subscription plans.
If the Customer chooses a Software version with per employee/annual price, the Customers will be charged an annual fee equal to:
After trial and trial end, when the Customer purchases their annual subscription for the first year, for employee count the system prefills the maximum number of: the Customer’s employee count at that time and the minimum employee count set for the selected plan (which may be further uncreased by the Customer) * per employee/month price * 12 - the discount noted on the Website for annual subscription plans.
Note: Customers may purchase the subscription with the above-mentioned employee count (the system’s prefilled count) or manually enter a higher employee count which they expect to have, but not less than the minimum employee count set for the selected plan.
The annual period consists of 12 billing cycles, every month in an active subscription period. For example, if the current subscription is for 14 Mar 20X3 - 13 Mar 20X4 period, next billing cycle date = 14 April, 14 May, 14 June and so on.
At each billing cycle date, the system will check the Customer’s employee count and in case of:
Increase compared to the employee count as at the previous billing period (month) - the differential price for the change in seats for the reminder of the current billing period will be calculated and charged to the Customer for the difference at each billing cycle date.
Decrease or the same compared to the employee count, as at the previous billing period (month) - the Customer will not be charged.
For example, if the Customer initially purchased annual subscription for 14 Mar 20X3 - 13 Mar 20X4 period with 25 employees, on next billing cycle date (14 April, 14 may, 14 June, etc.) if their employee count has become 30, the difference will be charged for the remaining subscription period.
Employee count is taken for annual subscriptions:
Billing cycle date - as of the billing cycle day.
Subscription auto-renewal date – the previous day employee count.
Customers at any time may change their subscription plan to a new plan. When changing plans, Paddle will by default prorate the subscription costs according to the terms and conditions on the following website: https://developer.paddle.com/guides/9188b1d70bdec-upgrade-and-downgrade-subscriptions .
There are some restrictions concerning between which plans the change is allowed.
(a) Subscribers on non-quantity plans can move to quantity plans but not the inverse, specifically:
(b) Plan upgrade and downgrade:
Customers are not allowed to switch their yearly plan to monthly plan.
*Plan Upgrade means:
When the Customer switches their current plan to a plan that is expensive, without changing their period.
When the Customer switches his current active subscription from monthly to yearly, plan change is not relevant (no matter on what plan they are currently at and what they choose as a new plan).
**Plan Downgrade means:
When the Customer switches their current plan to a plan that is cheaper, without changing their period.
When the Customer switches their current active subscription from yearly to monthly, plan change is not relevant (no matter on what plan they are currently at and what they choose as a new plan).
*** Period End Date means – subscription expiration/end date, for monthly subscription month end, for yearly subscription, year-end.
****Next Billing Cycle end – for annual subscriptions only, each month in an annual subscription.
All plan upgrades are allowed immediately and will be charged immediately. However, if the upgrade results in a higher cost for the customer (such as moving to a more expensive plan), payment will be required. Paddle will automatically attempt a payment of the amount that is owed.
When downgrading the plan, the change will happen as follows:
Monthly subscription: a subscription change request will be created, and the new plan will be activated from the next month (given that subscription’s auto-renewal is ON).
Annual Subscription: a subscription change request will be created, and the new plan will be activated from the next billing cycle start date (given that subscription’s auto-renewal is ON).
Billing Dates changes
If the two plans a subscription is moved between have the same billing frequency (e.g., both are monthly), the Customer will retain the same billing dates. If the plans do not have the same billing frequency (e.g., a customer is moving from monthly to yearly billing), the plan will be billed at a new interval immediately, starting on the date of the change.
When a customer purchases a product via Paddle, the country from which they are making the purchase may charge VAT. All specifications regarding VAT fees are visible on the page: https://www.paddle.com/help/sell/tax/which-countries-does-paddle-charge-sales-tax-or-vat-for.
Payment for the Use of Products can be made by automatic and acceptance-free withdrawal of funds from the Customer's account. If for some reason the funds are not withdrawn, we will try again in 5 days and if we fail again, the Customer will be placed on the suspended list on the 9th day
We may change the prices (fees) for Use of Products at any time at our discretion by giving you at least one month's notice before the change. If you do not agree to the change in price (fee), you must immediately notify us in writing of your disagreement with the change in price and withdraw from Use of our Products. By not notifying and/or continuing to use our Products you unconditionally agree to use our Products at the new price.
Herewith is set forth refunding process terms applicable throughout the use and subscription cancellation of Raiser in the cases specified in this Terms.
Refunds for Subscription Cancellations
Customers are solely responsible for the proper cancellation of their recurring subscription before the start of the next billing period from their Raiser account or by contacting customer support team at firstname.lastname@example.org. If the subscription has not been cancelled on time and resulted in a subscription extension for another billing period, Raiser has no obligation to provide refunds.
Monthly Subscriptions Cancellations
In case of cancellation of monthly subscriptions, Customers are not entitled to a refund for unused time and will maintain full access to the Software until the end of their current billing period. Once canceled, no fees will be charged starting from the next billing period and further.
If the monthly subscription fee decreases due to the subscription plan price or employee count change during the billing period, Customers are not entitled to a pro-rata refund of the monthly subscription fee already paid.
Annual Subscriptions Cancellations
In case of cancellation of annual subscriptions, Raiser will refund any prepaid subscription fees (net of third-party fees) that would have covered any future months of unused subscription period after the effective date of termination, except that no refunds will be granted for the current month of subscription termination. Once cancelled, Customers will no longer qualify for the discount for annual subscription plans noted on the Website and will be charged the difference between the monthly and yearly subscription plan pricing for the number of months the subscription was active during the billing period.
Raiser may review on a case-by-case basis and grant refunds at its sole discretion refund requests.
4. Intellectual Property Rights
(a) We own all intellectual property rights in our Products and its content, including but not limited to, text, graphics, images, logos, and software.
(b) You may not use any of our intellectual property without our prior written consent.
(c) You retain all ownership rights to any data, information, or content that you upload, transmit, or otherwise make available through our Products. By uploading, transmitting, or making such data, information, or content available through our Product, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such data, information, or content in all formats and distribution channels now known or hereafter devised (including in connection with our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
5. Disclaimer of Warranties
(a) The Products are provided to you on an "AS IS" and "AS AVAILABLE" basis, with all faults and defects, without warranty of any kind. To the fullest extent permitted by applicable law, we expressly disclaim all warranties, express, implied, statutory or otherwise, with respect to the Products, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise from course of dealing, course of performance, usage or trade practices. Without limiting the foregoing, we make no warranty or representation that the Products will meet your requirements, achieve any intended results, be compatible with or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, be error-free, or that any errors or defects can or will be corrected.
(b) Without limiting the foregoing, we don’t make any representations or warranties of any kind, express or implied: (i) as to the operation or availability of the Products, or the information, content, materials included therein; (ii) that the Products will be uninterrupted or error-free; (iii) as to the accuracy, reliability or currency of any information or content provided through the Products; or (iv) that the Products, its servers, content or emails sent from or on behalf of us are not with respect to your use of the Products.
(c) Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on a customer's applicable statutory rights, so some or all of the above exclusions and limitations may not apply to you. However, in such a case, the exclusions and limitations set forth in this section will apply to the fullest extent permissible under applicable law.
6. Limitation of Liability
(a) We will not be liable for any indirect, consequential, incidental, or punitive damages arising from the use of our Products or its content.
(b) Our liability for any direct damage arising from the use of our Products or its content shall not exceed the amount paid by you, if any, for the use of our Products.
(c) We shall not be liable for any loss or damage arising from your reliance on any information or content on our Products.
(d) Some jurisdictions may not allow the exclusion or limitation of liability for certain damages, so the above limitations or exclusions may not apply to you.
7. Events outside our control
We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under the Terms that is caused by events outside our reasonable control, including, without limitation, acts of God, war, civil commotion, interruption in public communications networks or services, industrial dispute or DDOS-attacks and similar Internet attacks that may have an adverse effect ("Force Majeure"). Our performance is deemed to be suspended for the period the Force Majeure event continues and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure event to a close or to find a solution by which our obligations may be performed despite the Force Majeure event.
You agree to indemnify, defend, and hold harmless VOLO LLC and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising from or related to your use or misuse of our Products or your violation of these Terms.
We reserve the right to terminate your access to our Products or any portion thereof at any time, without notice, for any reason, including if we believe that you have violated these Terms.
We will keep your data for a minimum of thirty (30) days after termination of the contract with you. At the same time, we have the right to keep your data for as long as necessary based on the requirements of the data retention regulations.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Armenia, without giving effect to any principles of conflicts of law. If you have any concern or dispute about the Products, you agree to first try to resolve the dispute informally by contacting us. If dispute is not solved during 60 (sixty) calendar days, it shall be submitted to the exclusive jurisdiction of the courts of Armenia.
(a) These Terms constitute the entire agreement between you and us regarding the use of our Products.
(b) If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable, or if it cannot be modified, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.
(c) Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
(d) These Terms are not assignable, transferable, or sub-licensable by you except with our prior written consent.
(e) The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.