Terms of Service
Last updated: June 21, 2026
These Terms of Service are accompanied by our Privacy Policy, which is incorporated by reference. By using the Service you agree to both.
About this document
These are the Terms of Service (the “Terms”) of Vorvano LLC, a Wyoming limited liability company with its principal address at 30 N Gould St, Ste R, Sheridan, WY 82801 (“Vorvano,” “we,” “us,” or “our”). They are the canonical agreement that governs all of our applications, software, websites, accounts, content, and related services, whether now existing or hereafter developed and whether installed from an app store or by direct download (collectively, the “Service”). How we collect, use, and share your information is described in our separate Privacy Policy, which is incorporated into these Terms by reference.
App-agnostic and forward-looking. “Service” means every Vorvano website, application, software product, feature, and online service that links to, references, or incorporates these Terms, including any future or additional products, applications, or features we make available that reference or incorporate this document. The specific data a given application collects, the features it offers, the platforms it supports, any usage limits, and any application-specific or supplemental terms are disclosed in that application (in its onboarding, settings, in-app notices, or app-store privacy label), and all such application-specific details and supplemental terms are incorporated into and form part of these Terms by this reference. New or future applications are therefore automatically covered by this document without amending it. Where an application-specific term conflicts with this document, the application-specific term controls solely for that application; otherwise this document controls.
By creating an account, downloading, installing, accessing, or using any part of the Service — or by clicking “I agree” or a similar control — you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not access or use the Service.
1. Acceptance & binding agreement
These Terms form a binding legal agreement between you and Vorvano governing your access to and use of the Service. By accessing or using any part of the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. Your representation that you have the legal capacity and authority to enter into this agreement is a condition precedent to your use of the Service. We may require you to affirmatively accept these Terms (for example, by checking an “I agree” box) before using the Service or any new application, and we may record the fact, version, date, and time of your acceptance. Your acceptance of these Terms for one application also constitutes acceptance for any other Vorvano application you use that references this document.
2. Eligibility & age requirement
You must be an adult. To create an account or use the Service, you must be at least 18 years old — or older if the age of legal majority or the age of capacity to enter into a binding contract in your state or jurisdiction of residence is higher than 18, in which case you must meet that higher age (for example, 19 in Alabama and Nebraska, and 21 in Mississippi and Puerto Rico). Two distinct rules apply: (i) using the Service requires that you be at least 18 (or the higher local age of majority or contract capacity), and the Service is not directed to anyone under 18; and (ii) in no event may anyone under 13 use the Service, and we never knowingly collect data from a child under 13 within the meaning of the Children's Online Privacy Protection Act (COPPA). By creating an account or using the Service, you represent and warrant that you meet the applicable minimum age and have the legal capacity and authority to enter into and be bound by these Terms. This representation of age and capacity is a condition precedent to the formation of this agreement; a knowing misrepresentation of your age may estop you from later disclaiming this agreement and is grounds for immediate termination.
If you use the Service on behalf of a company, organization, or other entity, you represent that you are authorized to bind that entity, and “you” refers to both you individually and that entity. We may, at our discretion, refuse to provide the Service to any person or entity and may change our eligibility criteria at any time. See the Children section of the Privacy Policy for our practices regarding minors.
3. United States only
The Service is designed, intended, and offered solely for users located in the United States. We make no representation that the Service, or any content or feature within it, is appropriate, available, lawful, or compliant for use in any location outside the United States. Those who choose to access or use the Service from outside the United States do so on their own initiative and at their own risk and are solely responsible for compliance with all local laws. To the maximum extent permitted by law, we expressly disclaim any representation that the Service complies with, and we do not undertake to comply with, the data-protection, consumer-protection, or other laws of any jurisdiction outside the United States, including the EU and UK General Data Protection Regulations (GDPR / UK GDPR) and similar non-U.S. laws. We may block, geofence, or restrict access from any location at our discretion.
4. License to use the applications
Subject to your continuous compliance with these Terms, Vorvano grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to download and install one copy of an applicable Vorvano application on a device you own or control, and to use that application and the Service solely for your own lawful, personal, non-commercial (or internal business) purposes, strictly in accordance with these Terms and any applicable documentation. This is a license, not a sale; you acquire no ownership interest in the Service or any copy of it. Your license exists only for as long as these Terms remain in effect, is expressly conditioned on your compliance with these Terms, and may be revoked or suspended by us at any time, with or without cause. Where you obtain an application through a third-party app store or platform, your license is also subject to that store's applicable terms and usage rules, and the more restrictive terms control to the extent of any conflict regarding your use of that copy.
Reservation of rights. All right, title, and interest in and to the Service — including its software, source code, object code, models, model weights, algorithms, architecture, prompts, system instructions, interfaces, designs, text, graphics, trademarks, and all other intellectual property — are and will remain the exclusive property of Vorvano and its licensors. All rights not expressly granted to you in these Terms are reserved by Vorvano and its licensors. No license or right is granted by implication, estoppel, or otherwise. Any use in violation of these Terms is outside the scope of your license, automatically terminates all rights granted, and may constitute breach of contract, copyright infringement, and access that is “without authorization” or that “exceeds authorized access” under the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and applicable state computer-crime laws.
5. Reverse engineering, circumvention & protective restrictions
The Service and its components — including its source code, object code, models, model weights, algorithms, architecture, prompts, system instructions, and non-public APIs — constitute Vorvano's confidential information and trade secrets under the federal Defend Trade Secrets Act (18 U.S.C. §§ 1836 et seq.) and applicable state Uniform Trade Secrets Act. You acknowledge that the restrictions in this section are reasonable measures used to maintain that secrecy. Except, and only to the narrow extent, that the following cannot lawfully be prohibited under applicable mandatory law, you will not, and will not permit, assist, or enable any third party to:
- reverse engineer, decompile, disassemble, decrypt, deobfuscate, or otherwise attempt to derive, reconstruct, identify, or discover the source code, object code, underlying ideas, algorithms, file formats, models, model weights, training data, prompts, system instructions, or non-public APIs of the Service, in whole or in part, by any means;
- circumvent, disable, bypass, remove, deactivate, impair, or otherwise interfere with (or attempt to do any of the foregoing) any authentication, security, digital-rights-management, access-control, copy-control, usage-metering, rate-limiting, quota, geofencing, CAPTCHA, bot-detection, encryption, license-key, licensing, or other technical or protective measure used by, or protecting, the Service, its infrastructure, or its content;
- probe, scan, or test the vulnerability of the Service or any system or network; breach or attempt to breach any security or authentication measure; or conduct any penetration testing, load testing, or security research, in each case without our prior written authorization (which these Terms do not grant);
- access or use the Service through any automated means (including bots, spiders, crawlers, scrapers, headless browsers, or scripts), or scrape, harvest, index, mine, cache, frame, mirror, or bulk-extract any content, data, or output, or aggregate or build a database from the Service's content, except through a publicly documented API used in accordance with its terms;
- use the Service, its outputs, or any interface or data derived from it to train, fine-tune, develop, or improve any machine-learning model, large language model, dataset, or competing or substitute AI system; perform model extraction, distillation, or inversion; or reconstruct, approximate, or extract the Service's models, weights, prompts, system instructions, or training data;
- modify, adapt, translate, or create derivative works of the Service; or use the Service, or any output, benchmark, or know-how obtained from it, to build, train, improve, or operate a product or service that competes with the Service, or for competitive analysis or benchmarking; or
- introduce or transmit malware or harmful code; impose an unreasonable or disproportionate load on, or disrupt, degrade, or interfere with, the Service or its infrastructure; remove, alter, or obscure any proprietary or copyright notice; or sublicense, sell, rent, lend, time-share, or transfer access to the Service or use it for the benefit of, or on behalf of, any third party.
These prohibitions are supported by, among other authorities, trade-secret law and the anti-circumvention provisions of the Digital Millennium Copyright Act (17 U.S.C. § 1201). The foregoing restrictions on reverse engineering and circumvention apply except, and solely to the extent, such a restriction is expressly prohibited by applicable mandatory law (for example, certain non-waivable rights to reverse engineer for interoperability under 17 U.S.C. § 1201(f) or analogous law); to the maximum extent permitted by law, you waive any such right that may be waived, and, where the activity cannot be prohibited, you agree to give us prior written notice and to request any necessary interoperability information from us before undertaking it. You acknowledge that any breach of this section would cause irreparable harm for which monetary damages are inadequate, and that Vorvano is entitled to seek injunctive and other equitable relief, without the requirement of a bond, in addition to all other remedies available at law or in equity, including statutory damages, disgorgement of profits, costs, and attorneys' fees available under the Copyright Act, the DMCA, the Defend Trade Secrets Act, the Computer Fraud and Abuse Act, and applicable law.
6. License to your content & feedback
Your content. “Your Content” means any data, text, materials, inputs, files, recordings, transcripts, or other content that you submit to, provide through, upload to, generate with, or transmit through the Service, including, where applicable, document or résumé text, prompts, responses, answer transcripts, and resulting notes. As between you and Vorvano, you retain whatever ownership rights you have in Your Content.
License you grant us. You hereby grant Vorvano and its affiliates, successors, and designated service providers a worldwide, royalty-free, fully paid-up, non-exclusive, transferable, and sublicensable (through multiple tiers) license to host, store, reproduce, cache, process, transmit, modify, adapt, translate, create derivative works of, analyze, display, and otherwise use Your Content, in any media now known or later developed, for the purposes of operating, providing, securing, supporting, maintaining, evaluating, developing, and improving the Service and our other products and services. We limit our processing of Your Content to what is reasonably necessary and proportionate to those purposes.
Use of Your Content to improve and train AI. You agree that we and our providers may use Your Content — together with your usage, interaction, and feedback data — to operate, secure, evaluate, develop, and improve the Service and to develop, train, fine-tune, and improve our and our providers' artificial-intelligence and machine-learning models, systems, and prompts, as further described in the “Use of your content to improve and train AI” section of our Privacy Policy. We do not use the content of minors for model training, do not sell sensitive personal information even with consent, and do not use Your Content to make consequential or legally significant decisions about you or to furnish a score about you to any third party. Where reasonably feasible we de-identify or aggregate content used for model development. Because content such as document, résumé, or interview text may contain information treated as sensitive under applicable law, we handle it in accordance with applicable law and the Privacy Policy; nothing in that Policy limits our ability to use de-identified, aggregated, or anonymized data — which is not personal information — for any lawful purpose without restriction.
On a verified deletion request, or where you withdraw consent, we will delete the underlying personal information in Your Content from our active systems and cease using it for future model training, to the extent technically feasible and subject to the limited exceptions described in the Retention section. This applies whether you submit a standalone deletion request or delete your account. Your exercise of the privacy rights described below overrides this license to the extent of any conflict. To the extent any portion of this license is described as perpetual or irrevocable, it survives termination only as to (a) de-identified, aggregated, or derived data, and (b) copies of Your Content already incorporated into trained model weights, backups, or logs that cannot feasibly be extracted or reversed.
Your responsibilities and warranties. You are solely responsible for Your Content. You represent and warrant that you own or have all rights, licenses, consents, and permissions necessary to submit Your Content and to grant the license above, that Your Content does not infringe, misappropriate, or violate any third party's intellectual-property, privacy, publicity, or other rights or any law, and that you will not submit content of another person that you are not authorized to submit (including another person's confidential or personal information). We are not obligated to store, retain, back up, or return Your Content, and you are responsible for maintaining your own copies of anything important to you.
Feedback. If you provide any suggestions, ideas, improvement requests, recommendations, error reports, or other feedback regarding the Service (“Feedback”), you grant Vorvano a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable, and unrestricted license to use, reproduce, modify, exploit, and incorporate the Feedback for any purpose, commercial or otherwise, without any obligation, attribution, accounting, or compensation to you. You waive, to the maximum extent permitted by law, any moral rights and similar rights in Feedback and in Your Content with respect to our permitted uses.
7. Accounts & security
Some applications and features require you to create an account using an email address and a password, and may require additional information such as your name and, optionally, a phone number. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your credentials, for maintaining the confidentiality of your password, and for all activity that occurs under your account, whether or not authorized by you. You agree to use a strong, unique password, to keep it confidential, and to notify us promptly at legal@vorvano.com if you suspect any unauthorized use of or access to your account.
You may not share, sell, transfer, or sublicense your account or credentials, create an account using another person's information, create multiple or automated accounts, or create an account to circumvent any limit, suspension, or ban. We may refuse, reclaim, suspend, or limit any account, and may require re-verification, at our discretion, including where we reasonably believe an account is inaccurate, compromised, fraudulent, abusive, or in violation of these Terms.
8. Acceptable use & prohibited conduct
You agree to use the Service only for lawful purposes and in accordance with these Terms. In addition to the protective restrictions in the Reverse Engineering section above, you will not, and will not attempt to, assist, encourage, or permit any third party to:
- use the Service for any purpose that is unlawful, fraudulent, deceptive, harmful, harassing, threatening, defamatory, obscene, hateful, or otherwise objectionable, or that infringes or misappropriates any intellectual-property, privacy, publicity, or other right;
- use the Service for any purpose that is illegal where you are located, or where the use of artificial intelligence for that purpose is restricted or prohibited by applicable law;
- use the Service to make or facilitate any actual hiring, employment, credit, housing, education, insurance, or other consequential or legally significant decision about any other person, or to provide services to a third party that require a professional license;
- use the Service in any manner intended to manipulate or incite a person to self-harm, harm to others, or criminal activity, or to generate unlawful, infringing, or harmful content;
- gain or attempt to gain unauthorized access to the Service, to other users' accounts, or to any systems, servers, or networks connected to the Service;
- submit content you do not have the right to submit, that contains another person's personal or confidential information without authorization, or that violates any law or third-party right; or
- use the Service to violate applicable law, the rights of others, the usage policies of our third-party providers, or to misrepresent your identity or affiliation.
We may (but are not obligated to) monitor, review, investigate, restrict, remove, or disable access to any content or activity, and may report and cooperate with authorities regarding suspected unlawful conduct. We may establish, change, and enforce limits on use (including request caps, rate limits, and storage limits) at our discretion, and may decline, throttle, suspend, or revoke access to protect the Service or its providers from abuse, fraud, security risk, or excessive cost.
9. Artificial intelligence & automated features
You are interacting with artificial intelligence. The Service uses artificial intelligence, machine-learning models, and other automated systems, including those operated by third-party providers, to generate questions, feedback, scores, summaries, transcriptions, conversational responses, and other outputs (“AI Outputs”). When you interact with the Service, you are interacting with an automated artificial-intelligence system and not with a human being, and any avatar likeness, voice, persona, or personality presented by the Service is AI-generated or synthetic. The Service is a practice, productivity, and self-improvement tool; it is not a companion, friend, therapist, counselor, advisor, or emotional-support service, and you should not rely on it as one. The Service is not a crisis, mental-health, or emergency resource; if you are in crisis or thinking about self-harm, contact your local emergency services or the 988 Suicide & Crisis Lifeline.
AI Outputs may be wrong. AI Outputs are generated probabilistically by automated systems and may be inaccurate, incomplete, outdated, biased, offensive, fabricated (“hallucinated”), or otherwise inappropriate, and may not reflect real-world conditions, professional standards, or any particular person's behavior or criteria. Similar prompts may produce different outputs, and AI Outputs may not be unique to you. AI Outputs are provided for general informational, practice, and self-improvement purposes only and do not constitute professional advice of any kind.
Not professional advice; no professional relationship; not licensed. The Service and its AI are not licensed in, and will not perform and must not be used or relied upon for, any work, service, or advice that requires a professional license or certification — including legal, medical, mental-health or psychological, financial or investment, accounting or tax, insurance, engineering, immigration, or any other regulated or licensed field. Nothing the Service outputs constitutes, or is a substitute for, professional, career, employment, recruiting, hiring, educational, psychological, medical, health, financial, investment, tax, accounting, insurance, or legal advice. No attorney-client, doctor-patient, therapist-client, fiduciary, advisor-client, or any other professional-client relationship is created by your use of the Service, and neither Vorvano nor its AI claims to hold any license, credential, or professional title. You must independently verify all AI Outputs and consult a qualified, licensed professional before making any decision in any area requiring professional judgment.
No outcome guarantee; no automated decisions about you. Vorvano does not represent, warrant, or guarantee any result, performance, hiring, job, interview, offer, score, or other outcome from your use of the Service. The Service provides feedback to you for your own self-improvement and does not use automated decision-making technology to make any consequential or legally significant decision about you. Any score, assessment, or inference the Service generates is feedback presented to you for your own use; it is not a score, evaluation, or determination intended to be, and is not, furnished to any third party to make a decision about you. You are solely responsible for evaluating, verifying, and deciding whether and how to use any AI Output and for any reliance on, decision, or action taken based on it, and you must not rely on AI Outputs as your sole basis for any significant decision.
Profiling and automated processing. To the extent the Service engages in any “profiling” or automated processing of personal information as those terms are used under U.S. state privacy laws, we disclose it here in plain terms: the Service may generate practice scores and similar AI-derived assessments from content you submit, solely as self-improvement feedback to you. Where applicable law provides the right, you may opt out of profiling in furtherance of decisions that produce legal or similarly significant effects, as described in the Your Privacy Rights section; the carve-out above — that we do not make consequential or legally significant decisions about you and do not furnish outputs to third parties for decisions about you — continues to apply. This section reflects the general direction of emerging laws governing AI transparency, the disclosure of AI interaction, and automated decision-making and profiling; it is not a representation of compliance with any specific such law.
10. Monitoring, no expectation of privacy & recording consent
No expectation of privacy. You acknowledge and agree that you have no expectation of privacy in your use of the Service or in any submission or content you transmit through it (other than as to the affirmative data-handling commitments we make in the Privacy Policy, which this section does not override). Your usage, submissions, inputs, prompts, outputs, and content may be monitored, recorded, intercepted, captured, stored, reviewed, transcribed, and analyzed — by automated means and by Vorvano personnel — for purposes including security, safety, legal compliance, abuse and fraud prevention, enforcement of these Terms, quality assurance, and the operation, development, and improvement of the Service.
Your consent to recording. By using the Service, you expressly consent, in advance, to the capture, recording, transcription, storage, processing, and review of your audio, video, text inputs, prompts, AI Outputs, and other content as described in these Terms and the Privacy Policy. This consent is intended to satisfy the consent exception under the federal Wiretap Act / Electronic Communications Privacy Act and the all-party (two-party) consent recording laws of states such as California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington. Where an application records audio or uses your microphone, it will, where applicable, also surface a recording indicator or notice at or before the time recording begins. For interview-practice sessions specifically, the Service records the session audio (your spoken answers and the interviewer's synthesized voice) and stores that recording so that you can review it and so that we can review sessions to operate, debug, and improve the Service, as detailed in the “Audio, voice & biometrics” section of the Privacy Policy; you can delete these recordings by deleting your account. You are responsible for ensuring you have any necessary consent from any other person whose voice, likeness, or information you cause to be captured.
11. Beta and “as available” features
Some or all of the Service, including specific applications or features, may be offered on a pre-release, trial, evaluation, “beta,” “preview,” or “early access” basis (“Beta Features”). Beta Features are provided for testing and evaluation, are still in development, and may be incomplete, contain errors or bugs, behave unexpectedly, change materially, be unreliable or unavailable, or be modified or discontinued at any time without notice. Beta Features may be subject to additional or different terms communicated to you. The Service and all Beta Features are provided on an “as available” basis, and we do not guarantee any level of availability, uptime, performance, support, data retention, or backward compatibility. You use the Service and any Beta Features voluntarily and at your own risk, and the disclaimers and limitations in these Terms apply to them in full.
12. Third-party services & links
The Service relies on, and may contain links to or integrations with, third-party products, services, content, websites, and providers (including artificial-intelligence model providers, hosting and infrastructure providers, email-delivery providers, analytics providers, and app-store and payment platforms). We do not control and are not responsible for third-party services, their availability, accuracy, content, security, or practices, and your use of them may be governed by their own terms and privacy policies. Your dealings with, and any reliance on, any third party are solely between you and that third party. The inclusion of any link or integration does not imply our endorsement.
13. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING ALL APPLICATIONS, CONTENT, AI OUTPUTS, AND BETA FEATURES, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” AND YOUR USE OF IT IS AT YOUR SOLE RISK. VORVANO AND ITS AFFILIATES, OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE “VORVANO PARTIES”) DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE VORVANO PARTIES DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, BE FREE OF VIRUSES OR HARMFUL COMPONENTS, OR THAT ANY DEFECT WILL BE CORRECTED; AND DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR SUITABILITY OF ANY CONTENT OR AI OUTPUT, OR THAT ANY AI OUTPUT IS FIT FOR ANY HIRING, EMPLOYMENT, CAREER, OR OTHER OUTCOME. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICE OR ANY VORVANO PARTY, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHICH CASE THEY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Assumption of risk
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE AND YOUR RELIANCE ON ANY CONTENT OR AI OUTPUT, INCLUDING THE RISK THAT AI OUTPUTS MAY BE INACCURATE OR FABRICATED AND THE RISK, DESCRIBED BELOW, THAT NO SYSTEM CAN BE GUARANTEED PERFECTLY SECURE.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE VORVANO PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, USE, OR OPPORTUNITIES (INCLUDING LOST JOB, INTERVIEW, OR BUSINESS OPPORTUNITIES), OR FOR ANY COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY LOSS, CORRUPTION, INTERCEPTION, OR UNAUTHORIZED ACCESS TO DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE), EVEN IF A VORVANO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VORVANO PARTIES' TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNTS YOU ACTUALLY PAID TO VORVANO FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS APPLY IN THE AGGREGATE, NOT PER INCIDENT; THE EXCLUSION OF DAMAGES AND THE LIABILITY CAP ARE INDEPENDENT OF, AND SURVIVE, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY; AND THEY ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND VORVANO, WITHOUT WHICH THE SERVICE WOULD NOT BE PROVIDED.
Exceptions and savings. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, and the exclusions and the cap above do not apply to liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, violation of law (whether negligent or willful, to the extent its limitation is prohibited by applicable law, such as California Civil Code § 1668), personal injury or death caused by negligence (to the extent non-waivable), a party's indemnification obligations, or any liability or right that may not be limited or waived under applicable law (including non-waivable statutory privacy and consumer-protection rights). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN SUCH CASES, THE VORVANO PARTIES' LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
16. Contractual limitations period
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE FILED OR COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUED — EXCEPT FOR CLAIMS THAT APPLICABLE LAW DOES NOT PERMIT TO BE CONTRACTUALLY SHORTENED (INCLUDING CERTAIN STATUTORY PRIVACY AND CONSUMER-PROTECTION CLAIMS), WHICH REMAIN SUBJECT TO THEIR STATUTORY PERIOD — OTHERWISE IT IS PERMANENTLY BARRED. THIS SHORTENED LIMITATIONS PERIOD DOES NOT APPLY WHERE IT IS PROHIBITED BY APPLICABLE LAW OR TO ANY CLAIM THAT MAY NOT LAWFULLY BE SHORTENED.
17. Data-breach & security disclaimer
We maintain reasonable, industry-standard safeguards as described in the Data Security section of our Privacy Policy, and we will provide breach notification as and to the extent required by applicable law. However, no method of transmission over the internet or method of electronic storage is completely secure, and we do not and cannot guarantee absolute or perfect security. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WHILE WE IMPLEMENT REASONABLE SAFEGUARDS, THE VORVANO PARTIES DISCLAIM ANY WARRANTY OR REPRESENTATION OF PERFECT, ABSOLUTE, OR UNINTERRUPTED SECURITY, AND ARE NOT LIABLE FOR ANY DATA BREACH, UNAUTHORIZED ACCESS, INTERCEPTION, HACKING, DATA LOSS OR CORRUPTION, OR SIMILAR SECURITY INCIDENT THAT OCCURS DESPITE THE USE OF REASONABLE SAFEGUARDS. You knowingly assume this residual risk. This disclaimer limits liability for the consequences of a security incident; it does not disclaim our commitment to use reasonable safeguards or to provide lawfully required breach notification, and it does not purport to waive any non-waivable statutory right you may have.
18. Indemnification
You agree to defend, indemnify, and hold harmless the Vorvano Parties from and against any and all claims, demands, actions, investigations, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and other costs of defense) arising out of or relating to: (a) your access to or use of the Service; (b) Your Content, including any claim that it infringes, misappropriates, or violates any third party's intellectual-property, privacy, publicity, or other right or any law; (c) your violation of these Terms or any applicable law or regulation; (d) your violation of any right of any third party; or (e) your negligence, willful misconduct, or fraud. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with our defense; you will not settle any matter that imposes any obligation or liability on, or requires any admission by, any Vorvano Party without our prior written consent. This section does not require you to indemnify any Vorvano Party for that party's own gross negligence, willful misconduct, or fraud. This indemnification obligation survives termination of these Terms.
19. Fees, billing, subscriptions & refunds
Vorvano may set, change, or discontinue fees, paid features, free tiers, trials, or subscription tiers at its discretion, with notice where required by law. Unless we state otherwise or applicable law requires otherwise, all fees are non-refundable and there are no refunds or credits for partial periods, downgrades, or unused features. Any subscription or auto-renewing plan will disclose its price, billing cycle, renewal, and cancellation terms before you are charged, and, where you purchase such a plan, you provide your affirmative consent and authorize us (or our payment processor) to charge the applicable recurring fees to your selected payment method on the stated cycle until you cancel. You may cancel as described at purchase or through the applicable in-app or platform controls; unless otherwise stated or required by law, cancellation takes effect at the end of the then-current billing period, and you will retain access until then. We will provide auto-renewal disclosures, obtain consent, and offer cancellation in the manner required by applicable law, including the federal Restore Online Shoppers' Confidence Act (ROSCA) and applicable state automatic-renewal laws. We may change prices and features on a going-forward basis with notice where required.
20. Suspension, termination, ban & appeal
These Terms remain in effect while you use the Service. You may stop using the Service at any time and, where applicable, delete your account through in-app controls or by contacting legal@vorvano.com. Based on your behavior, the content of your submissions, or other factors, and in our sole discretion, we may suspend, restrict, disable, revoke access to, or permanently ban any account or user, delete or deactivate your account, and remove or disable any content, at any time, with or without notice and with or without cause. Grounds may include (without limitation) violation of these Terms, suspected illegality, fraud, abuse, security risk, non-payment, repeat copyright infringement, a requirement of law or of a third-party provider, a need to protect the Service or others, prolonged inactivity, or our discontinuation of the Service or any application.
Appeal. A user whose access is suspended, restricted, revoked, or banned may request review or reinstatement (an appeal) by emailing legal@vorvano.com with a description of the matter. We will consider timely appeals, but any decision to reinstate is at our sole discretion, and our determination is final.
To the maximum extent permitted by law, the Vorvano Parties will have no liability to you or any third party for any suspension, restriction, or termination of your access or account, or for any deletion or loss of content resulting from it. Upon termination, your license to use the Service immediately ends, and you must cease all use and, if we request, delete any locally stored copies. Sections that by their nature should survive termination will survive, including (without limitation) the content and Feedback licenses, the reverse-engineering and intellectual-property provisions, disclaimers, limitation of liability, the contractual limitations period, indemnification, the governing-law and dispute-resolution provisions, recording and monitoring consents already given, accrued payment obligations, and the general provisions.
21. Export controls & sanctions
The Service, including any software and any encryption functionality it contains, is subject to U.S. export-control and economic-sanctions laws, including the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce and the sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). You represent and warrant, and covenant, that: (a) you are not located in, organized under the laws of, ordinarily resident in, or a national of, any country or region subject to comprehensive U.S. sanctions or embargo (including, currently, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) you are not identified on, or owned or controlled by a person identified on, any U.S. government restricted-party, denied-party, or sanctions list (including OFAC's Specially Designated Nationals and Blocked Persons List and the Commerce Department's Denied Persons and Entity Lists); and (c) you will not use, export, re-export, or transfer the Service in violation of the EAR, OFAC regulations, or any other applicable export-control or sanctions law, or for any prohibited end-use. We may block, suspend, or terminate access we reasonably believe violates this section.
22. App-store and platform terms
If you obtain a Vorvano application through a third-party app store, marketplace, or platform (each, a “Platform,” including the Apple App Store and the Google Play Store), your download and use of that application are also subject to that Platform's applicable terms, policies, and usage rules, which apply in addition to these Terms. To the extent there is a conflict between these Terms and a Platform's terms with respect to your use of the application obtained from that Platform, the Platform's terms control solely to the extent required by that Platform.
Where required by Apple, you acknowledge and agree that: these Terms are between you and Vorvano only, not with Apple, and Apple is not responsible for the application or its content; Apple has no obligation to furnish any maintenance or support for the application; in the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the application, and, to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application; Apple is not responsible for addressing any claims relating to the application, including product-liability, legal/regulatory-compliance, or consumer-protection claims; Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party intellectual-property infringement claim relating to the application or your use of it; you represent that you are not located in a U.S.-embargoed country or on a U.S. restricted-party list; and Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary. Comparable acknowledgements apply with respect to Google or any other Platform to the extent that Platform requires them.
23. DMCA copyright policy & designated agent
Vorvano respects intellectual-property rights and responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). We will, in appropriate circumstances and at our discretion, disable or terminate the accounts of users who are repeat infringers.
Takedown notices. If you believe content available through the Service infringes your copyright, you may send a written notice to our designated copyright agent that includes: (i) a physical or electronic signature of the copyright owner or a person authorized to act on its behalf; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (iv) your contact information; (v) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on its behalf.
Counter-notification. If your content was removed or disabled and you believe it was a mistake or misidentification, you may submit a counter-notification containing: (i) your physical or electronic signature; (ii) identification of the removed material and its prior location; (iii) a statement, under penalty of perjury, that you have a good-faith belief the material was removed by mistake or misidentification; and (iv) your name, address, and telephone number, and a statement consenting to the jurisdiction of the federal court for your district (or, if outside the U.S., the District of Wyoming) and to accept service of process from the complaining party. Knowingly making a material misrepresentation in a notice or counter-notification may result in liability under 17 U.S.C. § 512(f).
Designated agent. Vorvano LLC, DMCA Agent, 30 N Gould St, Ste R, Sheridan, WY 82801; email legal@vorvano.com.
24. Electronic communications, signatures & records (ESIGN/UETA)
You consent to transact with us electronically and to receive communications, agreements, notices, disclosures, and records from us in electronic form (by email, in-app messages, or by posting), and you agree that your electronic acceptance (such as clicking “I agree”) constitutes your signature and has the same legal effect as a handwritten signature, in accordance with the federal Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA). To access and retain electronic records, you need a device and software capable of receiving email and viewing web content (a current web browser, internet access, and a valid email address). You may withdraw your consent to receive records electronically, or request a paper copy of a record required by law to be provided in writing, by emailing legal@vorvano.com; we may charge a reasonable fee for paper copies where permitted, and withdrawing consent may mean you can no longer use the Service. You are responsible for keeping your contact information current; notices we send are deemed received when sent to the email or in-app address associated with your account.
25. Governing law, courts & dispute resolution
Informal resolution first. Before filing any claim, you agree to first email us at legal@vorvano.com with a description of the dispute and to try in good faith to resolve it informally for at least 30 days. Many disputes can be resolved this way.
Governing law. These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules, except to the extent the mandatory consumer-protection or privacy law of your state of residence applies.
Courts & venue. You and Vorvano submit to the exclusive jurisdiction and venue of the state and federal courts located in the State of Wyoming for any dispute not finally resolved informally, and consent to personal jurisdiction there — except that (a) either party may bring an individual claim in a small-claims court that has jurisdiction, and (b) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to stop actual or threatened infringement, misappropriation, or misuse of intellectual property or unauthorized access to the Service. Nothing in these Terms limits any non-waivable rights you have under the laws of your state of residence, and this governing-law and venue clause does not deprive you of the protection of any non-waivable consumer-protection or privacy law of your home state.
26. Force majeure
The Vorvano Parties will not be liable or responsible for any failure to perform, or delay in performance of, any obligation under these Terms that is caused by events or circumstances beyond their reasonable control, including acts of God, natural disasters, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, governmental or regulatory action, embargoes, labor disputes or shortages, power or utility failures, internet, telecommunications, network, hosting, cloud, or third-party-provider (including AI-provider) failures, outages, or disruptions, denial-of-service or other attacks, or other force-majeure events. Performance obligations are suspended for the duration of the event.
27. Assignment
These Terms, and any rights or obligations under them, are personal to you. You may not assign, delegate, or transfer these Terms or any of your rights or obligations under them, in whole or in part, by operation of law or otherwise, without Vorvano's prior written consent, and any attempted assignment or transfer in violation of this section is void. Vorvano may freely assign, delegate, or transfer these Terms and any of its rights and obligations, in whole or in part, at any time, with or without notice, including in connection with a merger, acquisition, reorganization, sale of assets, financing, or operation of law. Subject to the foregoing, these Terms are binding upon and inure to the benefit of the parties and their permitted successors and assigns.
28. Severability & no waiver
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permissible and limited or, only if necessary, severed to the minimum extent required, and the remaining provisions will remain in full force and effect. The invalidity of a provision in one jurisdiction does not affect its validity in any other jurisdiction. No failure or delay by Vorvano in exercising any right operates as a waiver of that right, and no single or partial exercise of any right precludes any further exercise of it; any waiver must be in writing and signed by Vorvano to be effective, and a single waiver is not a continuing waiver.
29. Changes to the Service & these Terms
We may modify, update, suspend, limit, or discontinue the Service, or any application, feature, or content within it, in whole or in part, at any time and at our discretion, with or without notice. We may also revise these Terms at any time. If we make changes, we will post the revised Terms with an updated version and/or effective date, and, where we consider the changes material, we will take reasonable steps to provide additional notice (for example, in the app or by email) and, where appropriate, to obtain your renewed acceptance. Changes are effective when posted unless we state otherwise. Your continued access to or use of the Service after the revised Terms take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and, where applicable, delete your account. It is your responsibility to review these Terms periodically. Changes to the dispute-resolution and governing-law section will not apply to any dispute of which we had actual notice before the change.
30. Entire agreement; order of precedence; interpretation
These Terms, together with our Privacy Policy and any additional or application-specific terms expressly incorporated by reference (including Beta Feature terms and applicable Platform terms), constitute the entire agreement between you and Vorvano regarding the Service and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral, on that subject. In the event of a conflict, the order of precedence is: (1) an application-specific or supplemental term, solely as to the application it governs; (2) these Terms; and (3) any other incorporated policy — except that, solely with respect to an application obtained through a Platform, the Platform's applicable terms control to the extent that Platform requires, as stated in the App-store and platform terms section above. The headings and section titles are for convenience only and do not affect interpretation. “Including” and “include” mean “including without limitation.” These Terms will not be construed against the drafter, and any ambiguity will not be resolved against a party merely because it drafted the provision. If there is any conflict between these Terms and any translated version, the English version controls. There are no third-party beneficiaries of these Terms except as expressly stated in the App-store and platform terms section above. In any action to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees and costs, to the extent permitted by applicable law. You and Vorvano are independent contractors, and these Terms do not create any partnership, joint venture, agency, employment, or fiduciary relationship.