TERMS OF USE

OVERVIEW

The websites at volumio.com and volumio.org are operated by Volumio SRL. Throughout the site, the terms “we”, “us”, “our” and “Volumio” refer to Volumio SRL. Volumio offers this website, including all information, software, tools and services available from this site to you, the user, on the condition of your acceptance of all terms, conditions, policies and notices stated here.

By visiting our websites, by installing, downloading or using Volumio software, by submitting code or other content contributions and/ or purchasing a product or service from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Use”). These Terms of Use apply to all users of our websites, software and other products and services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Use carefully before using our Services. By accessing or using any of our Services, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not use any of our Services.

A breach or violation of any of the Terms of Use will result in an immediate termination of your right to use our Services.

Any new information, software, features or tools which are added to our Services in time shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use and it is your responsibility to check them periodically for changes. Your continued use of or access to the Services following any changes to the Services constitutes acceptance of those changes.

PRIVACY AND THIRD PARTY DISCLOSURE

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. We may release your information to other parties when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. Visitor data which does not include personally identifiable information may be provided to other parties for marketing, advertising, or other uses.

Third party links

Occasionally, at our discretion, we may post links to third party products or services on our site. These third party sites have separate and independent privacy policies and we have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these third party sites.

Your consent

By using our Services, you consent to our privacy policy.

YOUR VOLUMIO ACCOUNT

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under that account.

You must immediately notify us of any unauthorized use of your account or any other breaches of security. Volumio will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

ONLINE STORE TERMS

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or country of residence, or that you are the age of majority in your state or country of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our Services violate any laws in your jurisdiction (including but not limited to copyright laws).

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

PRICES AND AVAILABILITY OF PRODUCTS AND SERVICES

Prices for our products and services are subject to change without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of our products and services.

We have made every effort to display as accurately as possible the colours and images of the products that appear in our online store. However, we cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this site is void in circumstances where such an offer is prohibited.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

TAX AND CUSTOMS

When making purchases from Volumio, or shipping repairs to or from the customer, additional costs such as sales tax or customs duties may be imposed by local authorities. Such additional costs are the sole responsibility of the customer and not the responsibility of Volumio, nor of the shipping companies. Furthermore, we are unable to predict the applicable amount of duties and local taxes which customers may face because these costs can vary for each country and state. As a consequence, they will not be included in the checkout information or the total price charged by Volumio. Note that any duties and local taxes paid by the customer when making purchases from Volumio are non-refundable by Volumio in the case of a product return.

OPTIONAL TOOLS

We may provide you with access to third-party tools which we neither monitor nor have any control or influence over. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

RESPONSIBILITY OF CONTRIBUTORS

If you post content to our websites or otherwise make (or allow any third party to make) material available by means of our websites (“Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file or computer software. By making Content available, you represent and warrant that:

• The downloading, copying and use of the Content will not infringe any proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
• If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content.
• You have fully complied with any third-party licences relating to the Content, and have done all things necessary to successfully pass any required terms through to end users.
• The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
• The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
• The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party.
• Your Content is not named in a manner that misleads your readers into thinking that you are another person or company and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Volumio or not.

USER CONTENT LICENSE

Unless otherwise specified, user contributions are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Code contributions, unless otherwise specified, will be licensed under the General Public License Version 3 and the resulting Intellectual property will belong to Volumio. This will guarantee the independence of the project. Without limiting any of those representations or warranties, Volumio has the right (though not the obligation) to, at Volumio’s sole discretion (i) refuse or remove any content that, in Volumio’s reasonable opinion, violates any Volumio policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Volumio websites to any individual or entity for any reason, at Volumio’s sole discretion. Volumio will have no obligation to provide a refund of any amounts previously paid.

RESPONSIBILITY OF WEBSITE VISITORS

Volumio has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Volumio does not represent or imply that it endorses the material posted there, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Volumio disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content posted on the website.

CONTENT POSTED ON OTHER WEBSITES

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Volumio links, and that link to Volumio. Volumio does not have any control over those third-party websites and webpages, and is not responsible for their contents or their use. By linking to a non-Volumio website or webpage, Volumio does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Volumio disclaims any responsibility for any harm resulting from your use of non-Volumio websites and webpages.

COPYRIGHT INFRINGEMENT AND DMCA POLICY

As Volumio asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Volumio violates your copyright, and if this website resides in the USA, you are encouraged to notify Volumio in accordance with Volumio’s Digital Millennium Copyright Act (“DMCA”) Policy. Volumio will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Volumio will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Volumio or others. In the case of such termination, Volumio will have no obligation to provide a refund of any amounts previously paid to Volumio.

INTELLECTUAL PROPERTY

This Agreement does not transfer from Volumio to you any Volumio or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Volumio. Volumio, Volumio SRL, the Volumio logo, and all other trademarks, service marks, graphics and logos used in connection with Volumio, or the Website are trademarks or registered trademarks of Volumio or Volumio’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Volumio or third-party trademarks.

CHANGES

Volumio reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Volumio may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

TERMINATION

Volumio may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Volumio account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISCLAIMER OF WARRANTIES

The Website is provided “as is”. Volumio and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Volumio nor its suppliers and licensors, makes any warranty that the Website will be error free or that cess thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

LIMITATION OF LIABILITY

In no event will Volumio, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Volumio under this agreement during the twelve (12) month period prior to the cause of action. Volumio shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

GENERAL REPRESENTATION AND WARRANTY

You represent and warrant that (i) your use of the Website will be in strict accordance with the Volumio Privacy Policy with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

INDEMNIFICATION

You agree to indemnify and hold harmless Volumio, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

MISCELLANEOUS

This Agreement constitutes the entire agreement between Volumio and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Volumio, or by the posting by Volumio of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Italian, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts localed in Italy. The arbitration shall take place in a court located in Italy, in the Italian language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Volumio may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. If we decide to change our Terms of Use, we will post those changes on this page.

TRADEMARK INFORMATION

Volumio and the Volumio logo are registered trademarks of Michelangelo Guarise and licensed to Volumio SRL, a company registered in Italy (VAT ID: IT07009020483).

You may only use the Volumio trademark to:

1. Describe a genuine Volumio product or service;
2. To state that another product is compatible with or can be used with a Volumio product or service.

Unless you have our explicit written authorization, you may not:

1. use the Volumio trademark as part of your company name, company logo, product name, service name or the domain name for your website;
2. use the Volumio trademark to claim that your product, service or website is endorsed or associated with Volumio or Volumio products and services;
3. manufacture, sell or give away any items of merchandise with Volumio marks;
4. resell the Volumio product bundled with any ‘addons’, legal or illegal;
5. modify disk images (if you are a reseller). You must use official disk images from this website with no changes and the SD card cannot be ‘booted’ for testing.
6. use the Volumio trademark or a name or logo which are similar to them in a way that will damage our brand or reputation;

Additional guidelines:

Any use of the Volumio trademark must be accompanied by the text “Volumio is a registered trademark of Volumio SRL”.

VOLUMIO PRODUCTS RETURN POLICY

Returns (refunds):

• Obtain a return authorization from Volumio by contacting us at https://volumio.com/en/contact/
• Returns must be requested within 30 days of the date of delivery of the item being returned.
• After authorization of the return has been given, send the item back to us at the following address:
  Volumio Srl
  Borgo Albizi 15
  50122 Firenze
  ITALY
  support@volumio.org
• Returned items must be returned in the original packaging.
• Please indicate in the shipping documents that the shipment is a “Customer return”, when possible to do so.
• Returned items must be undamaged and complete with no visible signs of wear or use.
• Fill in the form at https://volumio.com/en/rma-return-process-page/ with the tracking number of your shipment.
• Any brokerage fees, customs fees, duties or taxes paid by the customer, as well as any return shipping charges, will not be refunded.

Warranty repair returns for Volumio Primo (first version, discontinued in 2022):

• Obtain a warranty repair authorization from Volumio by contacting us at https://volumio.com/en/contact/
• After authorization of the repair, send the item back to us at the following address:
  Zenith SAS
  Via Machiavelli 48
  00185 Rome
  ITALY
  Phone: +39 3482688018
• Items must be returned in the original packaging or other packaging offering equal or better protection.
• Please indicate in the shipping documents that the shipment is “For warranty repair”, when possible to do so.
• Fill in the form at https://volumio.com/en/rma-return-process-page/ with the tracking number of your shipment.
• The cost of shipping an item to you which was repaired under warranty will be covered by Volumio. Any other costs such as brokerage fees, customs fees, duties or taxes paid by the customer when receiving the returned item, or any shipping charges or other costs incurred by the customer when shipping the item to Volumio will be the sole responsibility of the customer.
• Any problems related to the incorrect use of the device or following the unauthorized opening or modification of the device will not be covered by the Volumio warranty. In such cases, the customer may opt to either: i) pay for the return shipping costs of the unrepaired item, or ii) pay for an out-of-warranty repair and return shipping.

Warranty repair returns for Volumio Primo (second version, released in 2022):

• Obtain a warranty repair authorization from Volumio by contacting us at https://volumio.com/en/contact/
• After authorization of the repair, send the item back to us at the following address:
  Volumio Srl
  Borgo Albizi 15
  50122 Firenze
  ITALY
  support@volumio.org
• Items must be returned in the original packaging or other packaging offering equal or better protection.
• Please indicate in the shipping documents that the shipment is “For warranty repair”, when possible to do so.
• Fill in the form at https://volumio.com/en/rma-return-process-page/ with the tracking number of your shipment.
• The cost of shipping an item to you which was repaired under warranty will be covered by Volumio. Any other costs such as brokerage fees, customs fees, duties or taxes paid by the customer when receiving the returned item, or any shipping charges or other costs incurred by the customer when shipping the item to Volumio will be the sole responsibility of the customer.
• Any problems related to the incorrect use of the device or following the unauthorized opening or modification of the device will not be covered by the Volumio warranty. In such cases, the customer may opt to either: i) pay for the return shipping costs of the unrepaired item, or ii) pay for an out-of-warranty repair and return shipping.

Out-of-warranty repair returns for Volumio Primo (first version, discontinued in 2022):

• Obtain a repair authorization from Volumio by contacting us at https://volumio.com/en/contact/
• After authorization of the repair, send the item back to us at the following address:
  Zenith SAS
  Via Machiavelli 48
  00185 Rome
  ITALY
  Phone: +39 3482688018
• Please return the item in the original packaging or other packaging offering equal or better protection.
• Please indicate in the shipping documents that the shipment is “For repair”, when possible to do so.
• Fill in the form at https://volumio.com/en/rma-return-process-page/ with the tracking number of your shipment.
• Once we have received the item and evaluated the cost of the repair, we will provide a quotation for the cost of the repair and the return shipping.
• If you choose not to proceed with the repair, we will return the unrepaired item to you at your own cost.
• Note that any other costs such as brokerage fees, customs fees, duties or taxes paid by the customer when receiving the returned item, or any shipping charges or other costs incurred by the customer when shipping the item to Volumio will be the sole responsibility of the customer.

EULA

End-User License Agreement for Volumio software.

This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Volumio for the Volumio software products, which include computer software and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”).

By downloading, installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.

If you do not agree to the terms of this EULA, do not download, install or otherwise use the SOFTWARE PRODUCT.

Commercial Use

Volumio software may not be sold, bundled, installed or included with other products, or otherwise distributed, by any third parties as part of any commercial activity or enterprise except in accordance with our Commercial Partnership Programme. Please contact us for more information about how to join this programme.

Software Product License

You may use, distribute and copy Volumio Open Source Components under the terms of GNU General Public License version 3.

No warranties

Volumio expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of the use of the SOFTWARE PRODUCT remains with you.

No liability for damages

In no event shall Volumio be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Volumio is aware of the possibility of such damages and known defects.

MYVOLUMIO TERMS AND CONDITIONS

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with MyVolumio mobile application (the “Service”) operated by Volumio (“us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using our MyVolumio mobile application (the “Service”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Goal of MyVolumio

Provide an enhanced experience with Volumio, by allowing control of several Volumio devices from a single dashboard

Provide an infrastructure to easily expand compatibility with third party music services.

Data Collection and usage

Due to the nature of the services and the features that we offer, we store (in a very secure manner) some of your data, specifically:

• Name, surname, email and geographical location
• Favourites, Playlists, Radio Favourites, Personal Radios and the last played song on each device
• Date and time of your first subscription
• Data pertaining to your devices: anonymized Unique Identifier, hardware type, friendly name, system version and date of first addition.
• Source used and for how much time

What is your data used for:

• Matching the nearest server to your location to enhance your experience with the lowest possible latency
• Real-time synchronization of Favourites, Playlists, Radio Favourites, Personal Radios
• Verification that you have an active subscription
• Offering a clear overview of how many devices are linked to your account and if they are currently available and what they are currently playing

General Policy of User Data

• By cancelling your account, your data will instantly be permanently deleted
• We will not sell, share or grant access to your data to anyone.
• You will be able to receive a file containing all your aforementioned data (except those that might result in a security issue) by sending an email to support at volumio.org

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Volumio cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Volumio customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Volumio with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Volumio to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Volumio will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Volumio may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Volumio until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Volumio reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Order Processing

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

Fee Changes

Volumio, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Volumio will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

The User Consumer who, for whatever reason, is not satisfied with the Product has the right to withdraw from the contract without penalty and without specifying the reason.

The right of withdrawal must be exercised at least 1 day before the renewal date of your subscription plan (monthly or annual).

You can cancel your subscription at any time by going to your account at myvolumio.org and changing your current plan to FREE.

If the withdrawal notice is not done within this period, your subscription will be automatically renewed according to your billing plan.

We do not offer refunds after 14 days from the free trial.

We do not offer refunds for annual plans.

We do not offer refunds for monthly plans.

We do not offer refunds for renewal payments.

You can check the status of your subscription and all the payments due for the renewal of your subscription from your profile on your MyVolumio account.

There are no partial refunds of your subscription, whether you are on a monthly plan or an annual plan.

In case of purchase of a digital product, the Consumer User acknowledges and agrees to lose the right to withdrawal if the execution or download of the digital product started with his express agreement and with the acceptance of losing the right to withdrawal after the execution or download has begun.

The Consumer User acknowledges and accepts that the withdrawal from a subscription does not entail the return of the amounts paid for the Products already used or supplied.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Volumio and its licensors. The Service is protected by copyright, trademark, and other laws of both the Italy and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Volumio.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Volumio.

Volumio has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Volumio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Volumio, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Volumio its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Italy, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.