Terms of Service

1. Modifications To These Terms

1.1 We reserve the right, in our sole discretion, to modify these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing notice through the Services or updating the "Last Updated" date at the top of these Terms. Unless we state otherwise in our notice, all such modifications are effective immediately, and your continued use of the Site and the Services after we provide that notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, then you must stop using the Site and the Services.

2. API Access Plans and Commercial Usage Restrictions

2.1 Service Tiers.

Volmex offers three distinct tiers of access to our data, APIs, and Services:

1. (a) Free Tier (Starter): Access to publicly available charts and limited APIs at no cost, including: (i) delayed streaming access to market data; (ii) hourly and daily resolution data only; (iii) limited API access with standard rate limits; (iv) historical data limited to the past thirty (30) days; and (v) standard support with limited response time guarantees.
2. (b) Pro Tier: Enhanced access to data and APIs for $999 per month (or such other amount as may be specified on the Site from time to time), including: (i) all features included in the Free Tier; (ii) access to VPR API and additional indices as they become available; (iii) higher resolution data including 1-minute, 5-minute, 15-minute, and 30-minute intervals; (iv) support response time of up to seventy-two (72) hours; (v) full access to all available historical data; (vi) downloadable CSV data formats; and (vii) Real-time data streaming with 1-second updates for Implied Volatility Indices.
3. (c) Enterprise Tier: Custom access plans for large organizations, including: (i) all features included in the Pro Tier; (ii) dedicated servers for optimal performance; (iii) multi-region deployment for enhanced reliability; (iv) enhanced data redundancy and backup systems; (v) full access to all available historical data; and (vi) twenty-four (24) hour priority support with hourly response time guarantees. Enterprise Tier pricing and specific terms are determined on a case-by-case basis pursuant to separate written agreements.

2.2 Commercial Usage Restrictions by Tier:

(a) Free Tier Restrictions: You may not use Free Tier data, APIs, or Services for any commercial purposes whatsoever. Free Tier access is strictly limited to personal, educational, research, and other non-commercial purposes only. You may not redistribute, resell, sublicense, or otherwise provide Free Tier data to any third party.

(b) Pro Tier Restrictions: You may use Pro Tier data, APIs, and Services solely for internal commercial purposes within your organization. You expressly may not: (i) publicly display, redistribute, resell, sublicense, or otherwise make available our data to any third party; (ii) create, offer, market, or facilitate any tradable financial products, derivatives, securities, or investment vehicles that reference, track, or are linked to our data; (iii) use our data as the basis for any automated trading systems, algorithmic trading strategies, or high-frequency trading operations accessible to third parties; or (iv) provide our data or any derivative works thereof to clients, customers, or other third parties as part of any service offering.

(c) Enterprise Tier: Usage rights and restrictions for Enterprise Tier access shall be defined in your separate written Enterprise agreement with Volmex, which may permit certain uses not allowed under other tiers subject to additional terms, conditions, and fees.

2.3 API Rate Limits and Technical Restrictions.

All API access is subject to rate limits, bandwidth restrictions, and other technical limitations as specified in our API documentation and your applicable service tier. Exceeding such limits may result in temporary or permanent suspension of access without notice.

2.4 Monitoring and Enforcement.

We reserve the right to monitor usage patterns and enforce these restrictions through technical and legal means. Any violation of the usage restrictions set forth in this Section 2 shall constitute a material breach of these Terms and we may restrict or terminate your access at any time.

3. Data Vendor Requirements and Third-Party Data

3.1 Third-Party Data Sources and Vendor Requirements.

Our Services incorporate data from various third-party data vendors, exchanges, and market data providers (collectively, "Data Vendors"). By using our Services, you acknowledge and agree that:

1. (a) You consent to be bound by any additional terms, conditions, restrictions, or requirements that may apply to such third-party data, including without limitation any terms imposed by our Data Vendors;
2. (b) You will comply with all applicable Data Vendor requirements, including but not limited to restrictions on redistribution, commercial use, and data attribution;
3. (c) Neither Volmex nor any of our Data Vendors make any representations, warranties, or guarantees regarding the accuracy, completeness, timeliness, availability, or fitness for any particular purpose of the data provided through our Services;
4. (d) You acknowledge that data feeds may be subject to delays, interruptions, errors, or omissions beyond our control, and that such issues may materially affect the data provided through our Services.

3.2 Limitation of Liability for Data Vendors.

You expressly agree that you will not hold Volmex or any of our Data Vendors liable for any losses, damages, costs, expenses, or other liabilities of any kind arising from or relating to: (i) your use of or reliance upon any data provided through our Services; (ii) any interruptions, delays, errors, or omissions in data availability or transmission; (iii) any trading losses, investment losses, or other financial losses resulting from your use of our Services; or (iv) any third-party claims arising from your use of data obtained through our Services.

3.3 Data Accuracy and Reliability Disclaimers.

Although we intend to provide accurate and timely information, the Site and other information available when using the Services may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site or as part of the Services are your sole responsibility.

4. Use of Services

4.1 Representation and Warranties.

As a condition to accessing or using the Services or the Site, you represent and warrant to Volmex the following:

1. (a) if you are entering into these Terms as an individual, then you are at least 18 years old or of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them;
2. (b) if you are entering into these Terms as an entity, then you must have the legal authority to accept these Terms on that entity's behalf, in which case "you" (except as used in this paragraph) will mean that entity;
3. (c) you are the exclusive beneficial and/or legal owner of any digital assets, accounts, or credentials used in connection with the Services;
4. (d) you have not been identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department's Office of Foreign Assets Control, the U.S. Commerce Department, or the U.S. Department of State;
5. (e) your access to the Services is not prohibited by and does not otherwise violate any applicable laws.

4.2 Acknowledgements and Understandings.

As a condition to accessing or using the Services or the Site, you acknowledge, understand, and agree to the following:

1. (a) from time to time the Site and the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Volmex or any of its suppliers or contractors may undertake from time to time; (iii) causes beyond Volmex's control or that Volmex could not reasonably foresee; (iv) disruptions and temporary or permanent unavailability of underlying data infrastructure; or (v) unavailability of third-party service providers or external partners for any reason;
2. (b) we reserve the right to disable or modify access to the Site and the Services at any time in the event of any breach of these Terms, including, without limitation, if we reasonably believe any of your representations and warranties may be untrue or inaccurate, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Site or the Services being inaccessible to you at any time or for any reason;
3. (c) the Site and the Services may evolve, which means Volmex may apply changes, replace, or discontinue (temporarily or permanently) the Services at any time in its sole discretion;
4. (d) the pricing information provided on the Site does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with Volmex;
5. (e) Volmex does not act as an agent for you or any other user of the Site or the Services;
6. (f) you are solely responsible for your use of the Services, including all decisions based on data obtained through the Services;
7. (g) to the fullest extent not prohibited by applicable law, we owe no fiduciary duties or liabilities to you or any other party, and to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities;
8. (h) you are solely responsible for reporting and paying any taxes applicable to your use of the Services.

4.3 Covenants.

As a condition to accessing or using the Services or the Site, you covenant to Volmex the following:

1. (a) you will comply with all applicable laws in connection with using the Services, and you will not use the Site or the Services if the laws of your country, or any other applicable law, prohibit you from doing so;
2. (b) you will use the Services only in accordance with the usage restrictions specified for your applicable service tier as set forth in Section 2;
3. (c) you will ensure that, at all times, all information that you provide on the Site and during your use of the Services is current, complete, and accurate;
4. (d) you will maintain the security and confidentiality of any account credentials, API keys, passwords, or other access credentials associated with your use of the Services.

5. Fees and Billing

5.1 Pro Tier Fees. Pro Tier access is available for $999 per month (or such other amount as may be specified on the Site), with annual billing options available at our discretion. All fees are due in advance and are non-refundable except as expressly set forth herein or required by applicable law.

5.2 Enterprise Tier Fees. Enterprise Tier pricing and payment terms are determined on a case-by-case basis and specified in separate written agreements.

5.3 Fee Changes. We reserve the right to modify our fees at any time upon thirty (30) days' prior written notice, which may be provided through the Site or via email. Continued use of the Services after such notice period shall constitute acceptance of the modified fees.

5.4 Suspension for Non-Payment. We may suspend or terminate your access to paid Services immediately upon non-payment of any fees when due, without prejudice to any other rights or remedies we may have.

6. No Professional Advice or Fiduciary Duties

6.1 All information provided in connection with your access and use of the Site and the Services is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the Site or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, news feeds, tutorials, and other materials. Before you make any financial, legal, or other decisions involving the Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.

7. Prohibited Activity

7.1 You may not use the Services to engage in the categories of activity set forth below ("Prohibited Uses"). The specific activities set forth below are representative, but not exhaustive, of Prohibited Uses. If you are uncertain as to whether or not your use of the Services involves a Prohibited Use or have other questions about how these requirements apply to you, then please contact us at legal@volmex.finance. By using the Site or Services, you confirm that you will not use the Site or Services to do any of the following:

1. (a) violate any applicable laws including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and sanctions programs;
2. (b) engage in activities that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under applicable law;
3. (c) use Volmex's intellectual property, name, or logo, including use of Volmex's trade or service marks, without express consent from Volmex or in a manner that otherwise harms Volmex;
4. (d) use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Site or the Services in any manner;
5. (e) circumvent any content-filtering techniques, security measures or access controls that Volmex employs on the Site;
6. (f) use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Services or to extract data, or introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site or the Services;
7. (g) provide false, inaccurate, or misleading information while using the Site or the Services or engage in activity that operates to defraud Volmex, other users of the Services, or any other person;
8. (h) use the Services in violation of the usage restrictions set forth in Section 2 of these Terms;
9. (i) attempt to reverse engineer, decompile, disassemble, or otherwise derive source code from our Services or any proprietary algorithms or methodologies used therein;
10. (j) use the Site or the Services from a jurisdiction that we have, in our sole discretion, determined is a jurisdiction where the use of the Site or the Services is prohibited;
11. (k) encourage, induce or assist any third party, or yourself attempt, to engage in any of the activities prohibited under this Section 7 or any other provision of these Terms.

7.2 Enforcement and Remedies.

We reserve the right, but have no obligation, to investigate any suspected violations of these Terms, including Prohibited Uses. We may, in our sole discretion and without notice: (a) suspend or terminate your access to the Services; (b) remove or disable access to any content; (c) report suspected illegal activity to law enforcement officials, regulators, or other appropriate third parties; and (d) pursue any other remedy or relief available to us at law or in equity.

8. Proprietary Rights

8.1 Assuming your compliance with these Terms, the Site and the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Volmex, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display, or create derivative works based on the Site or the Services, in whole or in part. The Site and the Services are governed by applicable licensing terms. You acknowledge that the Site or the Services may use, incorporate or link to certain open-source components and that your use of the Site or Services is subject to, and you will comply with any, applicable open-source licenses that govern any such open-source components (collectively, "Open-Source Licenses"). Without limiting the generality of the foregoing, you may not: (a) resell, lease, lend, share, distribute or otherwise permit any third party to use the Site or the Services; (b) use the Site or the Services for time-sharing or service bureau purposes; or (c) otherwise use the Site or the Services in a manner that violates the Open-Source Licenses.

8.2 As between you and Volmex, Volmex owns the Site and the Services, including all technology, content and other materials used, displayed or provided on the Site or in connection with the Services (including all intellectual property rights subsisting therein), and hereby grants you a limited, nonexclusive, personal, non-sublicensable, revocable, non-transferable license to access and use those portions of the Site and the Services that are proprietary to Volmex.

8.3 Data Rights and Restrictions. You acknowledge that all data provided through the Services, including market data, volatility indices, analytics, and derived data products, constitute valuable proprietary information of Volmex and/or our Data Vendors. Except as expressly permitted by your applicable service tier, you may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any data obtained through the Services. Any rights not expressly granted herein are reserved by Volmex and our Data Vendors.

9. Risk Disclosures

9.1 General Financial Market Risks. You acknowledge and agree that use of financial market data and analytics involves substantial risk of loss and is not suitable for all users. Financial markets are volatile and unpredictable, and past performance is not indicative of future results. You should carefully consider whether using financial market data and making decisions based on such data is suitable for you in light of your circumstances, knowledge, and financial resources.

9.2 Data and Technology Risks. You acknowledge and understand that:

1. (a) Data Accuracy Risks: Market data may contain errors, omissions, delays, or inaccuracies that could materially affect any decisions you make based on such data;
2. (b) Technology Risks: The Services depend on complex software, hardware, and network infrastructure that may experience failures, interruptions, security breaches, or other technical issues;
3. (c) Third-Party Dependencies: Our Services rely on third-party data providers, internet service providers, and other external services that may become unavailable or unreliable;
4. (d) Regulatory Risks: Changes in applicable laws or regulations may affect the availability or functionality of the Services;
5. (e) Cybersecurity Risks: Despite security measures, no system is completely secure, and unauthorized access to data or systems may occur.

9.3 No Investment Advice. The Services provide data and analytics tools only and do not constitute investment advice, financial advice, trading advice, or any other sort of advice. You are solely responsible for determining whether any investment, investment strategy, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance. You should consult your legal, tax, or investment professional regarding your specific situation.

9.4 Assumption of Risk. By using the Services, you expressly acknowledge, understand, and assume all risks associated with such use, including but not limited to the risks described in this Section 9. You agree that Volmex will have no responsibility or liability for such risks, and you agree to hold Volmex harmless from any losses, damages, costs, or expenses arising from your assumption of such risks.

10. Indemnification

10.1 You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates and subsidiaries (collectively, "Volmex Parties") from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your use of and access to the Site and the Services; (b) any feedback or submissions you provide to us concerning the Site and the Services; (c) your violation of any term or condition of these Terms, including, without limitation, your breach of any of the representations and warranties set forth in these Terms; (d) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (e) your violation of any applicable law, rule, or regulation; (f) any other party's access and use of the Site or Services with your assistance or using any device or account that you own or control; (g) any disputes or issues between you and any third party; and (h) your use of any data obtained through the Services. You agree to promptly notify Volmex Parties of any third-party claims, cooperate with Volmex Parties in defending such claims and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys' fees). You also agree that the Volmex Parties will have control of the defense or settlement, at Volmex's sole option, of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Volmex or the other Volmex Parties.

11. Modification, Suspension, and Termination

11.1 We may, at our sole discretion, from time to time and with or without prior notice to you, modify, suspend or disable, temporarily or permanently, the Services, in whole or in part, for any reason whatsoever, including, but not limited to, as a result of a security incident.

11.2 We may suspend or terminate your rights to use or access the Site and the Services at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of these Terms. Upon termination of your rights under these Terms, your account and right to access and use the Site and the Services will terminate immediately. You understand that any termination of your account may involve deletion of your account information from our live databases. Volmex will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your account information. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2, 2.4, 6, 7, 8, 9, 10, 11, 12, 13, and 14.

12. Disclaimers

12.1 To the maximum extent permitted under applicable law, and except as expressly provided to the contrary in a writing by us, the Site and the Services are provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Site and the Services, including the information, content and materials contained therein.

12.2 Additional Disclaimers. Without limiting the foregoing, we do not represent or warrant that:

1. (a) the Site or the Services will be secure, uninterrupted or available at any particular time or location;
2. (b) any defects or errors will be corrected;
3. (c) any content or software available at or through the Site or the Services is free of viruses or other harmful components;
4. (d) the results of using the Site or the Services will meet your requirements or expectations;
5. (e) the data provided through the Services will be accurate, complete, current, or reliable;
6. (f) any third-party data providers will continue to make data available to us or that such data will remain available through our Services.

12.3 Data Provider Disclaimers. Our Data Vendors expressly disclaim all warranties and representations with respect to any data provided through the Services, and you acknowledge that such data is provided "AS IS" without warranty of any kind.

13. Limitation of Liability

13.1 IN NO EVENT SHALL VOLMEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, OR OUR DATA VENDORS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF VOLMEX OR ANY OF THE OTHER FOREGOING PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13.2 IN NO EVENT SHALL VOLMEX'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT OF FEES PAID BY YOU TO VOLMEX UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

13.3 Data Vendor Limitation of Liability. You acknowledge and agree that our Data Vendors shall have no liability to you whatsoever for any damages arising from or relating to the data provided through our Services, and that any claims relating to such data must be brought solely against Volmex in accordance with these Terms.

13.4 Basis of the Bargain. You acknowledge and agree that Volmex has offered the Services, set its prices, and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Volmex, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Volmex.

14. Dispute Resolution & Arbitration

14.1 Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Volmex and limits how you can seek relief from Volmex. Also, arbitration precludes you from suing in court or having a jury trial.

14.2 You and Volmex agree that any dispute arising out of or related to these Terms or the Services is personal to you and Volmex and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

14.3 Except for disputes relating to Volmex's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents), you and Volmex agree that any dispute must be commenced or filed by you or Volmex within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and Volmex will no longer have the right to assert such claim regarding the dispute). You and Volmex agree to the following dispute resolution procedure: (a) in the event of any dispute between you and Volmex, you agree to first contact Volmex and attempt to resolve the claim informally by sending a written notice to Volmex by email at legal@volmex.finance or by certified mail to Volmex Labs Corporation, 249 Willoughby Ave, 12B, Brooklyn, NY 11205. Such notice shall describe the nature and basis of the claim and the specific relief sought. If you and Volmex cannot reach an agreement to resolve the claim within thirty (30) days after such notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth below, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in San Francisco, California, in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

14.4 Court Proceedings.

You and Volmex agree that the following disputes are not subject to the above provisions concerning negotiations and binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Volmex's intellectual property rights; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither you nor Volmex will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction below, and you and Volmex agree to submit to the personal jurisdiction of that court.

15. Governing Law

15.1 The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced under the laws of the State of New York, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in New York, New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

16. General Information

16.1 You consent to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, our "Communications") that we provide in connection with these Terms or any Services. You agree that we may provide our Communications to you by posting them on the Site or by emailing them to you at the email address you provide in connection with using the Services, if any. You should maintain copies of our Communications by printing a paper copy or saving an electronic copy. You may also contact us with questions, complaints, or claims concerning the Services at legal@volmex.finance.

16.2 These Terms contain the entire agreement between you and Volmex relating to your use of the Site and the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. The section headings in these Terms are for convenience only and have no legal or contractual effect.

16.3 Severability.

If any provision of these Terms is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact shall be substituted therefor.

16.4 Assignment.

These Terms and the rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Volmex without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

16.5 Force Majeure.

Volmex will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when and to the extent such failure or delay is caused by or results from acts beyond the affected party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) cyber attacks, hacking, or other security incidents; (c) flood, fire, earthquake, epidemics, pandemics, tsunami, explosion; (d) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (e) government order, law, or action; (f) embargoes or blockades in effect on or after the date of these Terms; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate or suitable Internet connectivity, telecommunication breakdown, or shortage of adequate power or electricity; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party will resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of forty-five (45) consecutive days following written notice given by it under this Section, then either party may thereafter terminate these Terms upon fifteen (15) days' written notice.

16.6 Survival.

The following sections will survive expiration or termination of these Terms: Sections 2.2, 2.4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16.

16.7 Waiver.

The failure of Volmex to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision.

16.8 Relationship of the Parties.

Nothing in these Terms is intended to, or shall be deemed to, establish any partnership, joint venture, employment, or agency relationship between you and Volmex. You and Volmex are independent contractors, and neither party has authority to make any commitments on behalf of the other party.

16.9 Third-Party Beneficiaries.

Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

16.10 Notices.

All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Notices to Volmex should be sent to legal@volmex.finance.

16.11 Language.

These Terms were drafted in English, and English is the governing and controlling language. To the extent any translated version of these Terms conflicts with the English version, the English version controls.

16.12 Privacy Policy.

Your privacy is important to us. Our Privacy Policy, available at https://volmex.finance/privacy-policy/ explains how we collect, use, and protect your information when you use our Services. By using our Services, you also agree to the collection and use of information in accordance with our Privacy Policy.