Last Updated: September 22, 2023
This Terms of Service Agreement ("Agreement") is between the individual or entity accessing or using the Modulaser software application ("User", "you") and Volst, a company registered in the Netherlands, Chamber of Commerce number 70196486 ("Volst", "we", "our", "us") governing your use of Modulaser, a desktop software application ("Software") developed by Volst.
By downloading, installing, accessing, or using the Software, you agree to be bound by the terms and conditions in this Agreement. If you do not agree to this Agreement, you should not download, install, access, or use the Software.
Modulaser is a software tool designed for creating and performing visuals for laser and video projectors. While we aim to provide a reliable, user-friendly experience, we cannot guarantee specific outcomes or results from using our software. We are not responsible for any potential harm, misuse, or unintended effects resulting from the visuals created with Modulaser. Your use of Modulaser is at your own discretion and risk.
Volst hereby grants you a non-exclusive, non-transferable, revocable license to use the Software for personal and professional use. All rights in the Software, including intellectual property rights, are reserved by Volst.
The Software is provided on a "freemium" basis. Some features may require an additional fee to access. You agree to use the Software responsibly, in accordance with all applicable safety guidelines and regulations, and accept any risks associated with the use of the Software.
Volst may occasionally release updates or modifications to the Software. While these updates aim to enhance user experience by fixing bugs or introducing new features, their provision is not guaranteed. When your device connects to the internet, updates, if available, will be automatically applied. You acknowledge and agree that Volst may cease support for older versions of the Software upon the release of a newer version. Further, Volst is not obligated to provide any form of support for the Software unless explicitly agreed upon in a separate agreement.
You are responsible for all activities that occur under your account and must comply with all applicable laws and regulations when using Modulaser. You agree not to use the Software to:
(i) Engage in any unlawful activities;
(ii) Create or share visuals that promote hate, discrimination, violence, or any content deemed illegal or harmful under applicable laws;
(iii) Infringe on the rights of any third party, including but not limited to intellectual property rights, privacy rights, and rights of publicity.
Our Software makes use of third-party services ("Third-Party Services"). These Third-Party Services are not controlled by Volst, and Volst is not responsible for the performance, availability, or content of these services. Volst disclaims all liability with respect to third-party services. Volst is not responsible for any loss or damage of any sort incurred as the result of any dealings with such third-party services or as the result of their presence in our Software.
Volst provides a full refund policy for purchases of the Software. If you are not satisfied with the Software, you may request a full refund by contacting us at firstname.lastname@example.org within 14 days of your purchase. Refunds will only be issued to the same payment method that was originally used to make the purchase.
(a) Disclaimer of Warranties: The Software is provided "as is" and without any warranties, either express or implied. Volst hereby disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
(b) Limitation of Liability: To the fullest extent permitted by applicable law, Volst, its affiliates, agents, directors, employees, suppliers, or licensors shall not be liable for:
(i) any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly;
(ii) any loss of data, use, goodwill, or other intangible losses;
(iii) any damages or adverse effects relating to your access to, use of, or inability to access or use the Software;
(iv) any unauthorized access to or use of our servers and/or any personal data stored therein;
(v) any damage to hardware equipment, including laser hardware equipment, resulting from your use, misuse, or inability to use the Software;
(vi) any personal injury or property damage, including to laser hardware equipment, due to your access to or use of the Software.
(c) Acknowledgment of Risks: By using the Software, you recognize and agree that inherent risks associated with digital software and the operation of laser hardware or other related equipment may result in damages, injury, or other potential hazards. You assume all responsibility and risk for the use of the Software and the generated visuals.
(d) Total Liability: In no event shall Volst's cumulative liability to you for all damages, losses, or causes of action exceed the amount you have paid Volst in the last six months, or, if greater, one hundred Euros (€100).
(e) Survival and Interpretation: The disclaimers and limitations in this section 9 do not aim to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. In jurisdictions that do not permit the exclusion or the limitation of liability for consequential or incidental damages, Volst's liability will be confined to the extent allowed by law.
You agree to defend, indemnify, and hold harmless Volst, its affiliates, officers, directors, employees, suppliers, licensors, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to:
(i) your use or misuse of the Software;
(ii) any visuals or content you create, transmit, or display while using the Software;
(iii) your violation of this Agreement;
(iv) your violation of any rights of another, including any third-party intellectual property rights; or
(v) your conduct in connection with the Software.
Volst reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Volst in asserting any available defenses.
This Agreement is governed by the laws of the Netherlands. Any disputes arising out of or in connection with this Agreement shall be resolved in accordance with the laws of the Netherlands and shall be subject to the exclusive jurisdiction of the courts of the Netherlands.
Volst may update this Agreement from time to time. We aim to inform you of these changes through the Software, presenting you with an "I Agree" prompt. However, due to factors like network limitations, connectivity issues, or server downtimes, you might not always receive this notification. For this reason, we recommend checking our website for the latest terms now and then. Accepting the updated terms, either by continued use of the Software or by acknowledging the prompt, is necessary. If you're not in agreement with the revised terms, refrain from using the Software.
If you have any questions or concerns about this Agreement, or if you wish to exercise any legal right you may have in respect to our Software, please contact us at email@example.com.
We value the security of our Software and the safety of our users. If you discover any issues or vulnerabilities related to the security of Modulaser, we strongly encourage you to notify us immediately. Please report any identified vulnerabilities to firstname.lastname@example.org. We will endeavor to promptly investigate and remedy valid security concerns. Users are kindly asked not to publicly disclose these issues until they have been addressed and resolved by Volst to prevent potential misuse by malicious entities.