Terms of Service

1. Acceptance of Terms

By downloading, installing, or using Viola ("the Service", "the Application"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("User", "you", "your") and Jihad Shkoukani ("we", "us", "our", "Viola", "the Company").

2. Service Description

2.1 What Viola Is

Viola is a voice-controlled voice assistant software application that allows you to:

• Play music from connected streaming services using voice commands
• Control playback (play, pause, skip, volume) via voice or interface
• Sync music across multiple rooms in your home
• Handle multi-step tasks using agentic AI capabilities
• Ask questions and receive AI-powered responses
• Manage your music queue and preferences

2.2 Supported Platforms

• Windows desktop application (primary launch platform)
• Cloud service at api.useviola.com
• Browser-based and companion surfaces where offered
• macOS, Linux, mobile, and other platform builds are supported only when expressly released by us for that platform

2.3 What Viola Is Not

• Viola is not a music streaming service; it connects to your existing subscriptions
• Viola does not provide music content; content comes from third-party providers
• Viola is primarily a voice assistant for music, tasks, and information. Smart home control is available when you connect a Home Assistant instance; Viola does not ship with its own smart home hub

2.4 Phone Calls

When enabled, Viola can place outbound phone calls through Telnyx on your behalf. Calls may be recorded when call recording is enabled. Recordings may be stored locally or in configured cloud storage, and cloud phone recording retention is configurable. Recording consent rules vary by state: some states are single-party consent states, while others, including California under Cal. Penal Code § 632, require all-party consent. Viola includes a disclosure helper for numbers associated with all-party consent states, but you remain responsible for using phone calling and recording features lawfully.

2.5 Browser Automation and Payments

Viola can open websites, navigate pages, and fill forms on your behalf when agent mode is enabled. Payment steps use a Payment-Gate confirmation flow: Viola can help reach checkout and prepare payment details, but final payment review and submission require your confirmation. Purchases, orders, and account changes made through browser automation are your responsibility.

2.6 Email and Calendar Automation

When you connect Google services, Viola may use Gmail and Calendar OAuth permissions to read, draft, send, or modify email and to read or create calendar events at your direction. Current Gmail scopes include read, send, compose, and modify permissions. Current Calendar scopes include read-only and full calendar access. Messages and calendar events created by Viola are created on your behalf and may be visible to recipients, invitees, and your connected Google account.

2.7 Voice Synthesis

Viola can synthesize the assistant's spoken responses using a bundled Kokoro TTS model or another configured TTS backend. This is assistant voice playback, not cloning of your voice. You do not supply voice samples for user-voice cloning as part of the default Kokoro TTS feature.

2.8 Large Language Model Usage

When cloud AI features are enabled, prompts, tool context, and related text may be sent to a model provider. Viola supports three execution paths, selected per user:

• BYOK (Bring Your Own Key): prompts are sent directly from your device to your configured provider, such as OpenAI, Anthropic, or Google/Gemini, under your API key and your account. Viola does not proxy or store these prompts.
• Managed Viola subscription: prompts are routed through Viola's managed access to OpenAI's ChatGPT subscription backend (internally referred to as Codex routing) or to a managed OpenAI API endpoint. In this mode, the provider's terms apply and Viola, as the managed account holder, is the contracting party with the provider.
• Local LLM: prompts stay on your device when you configure a local inference backend such as Ollama. No third-party provider sees your prompts.

You can change the execution path in Settings. The active path is displayed in the application. Each provider's terms and data policies apply in addition to Viola's terms and privacy policy.

3. User Accounts

3.1 Local Use (No Account Required)

• You can use local-only Viola features without creating an account
• Account, subscription, managed AI, cloud sync, cloud phone, multi-device, and other hosted features require account access where offered
• You may provide your own API keys for supported AI features

3.2 Viola Account (Optional)

• Creating an account may enable cloud features such as sync, backup, and multi-device access as they become available; these features are in development and may not be fully functional
• You are responsible for maintaining account security
• You must provide accurate registration information
• One account per person; account sharing is not permitted

3.3 Age Requirement

You must be at least 13 years old to create a Viola account. Users in the European Economic Area must be at least 16 years old (the default GDPR age of consent for information-society services under Article 8), unless a lower age (no younger than 13) has been set by your EU member state; where a member state has set a lower age between 13 and 16, that age applies. By registering, you confirm that you meet the age requirement applicable to your jurisdiction. We do not knowingly collect personal information from children below the applicable minimum age.

3.3.1 Voice Input and Wake-Word Training

Ordinary voice use. When you enable voice input, Viola processes microphone audio to detect the wake word and transcribe spoken commands. This ordinary voice-command path does not create voiceprints, speaker-identification profiles, or other biometric templates.

Custom wake words. Creating a custom wake word builds a wake-word model for the phrase you choose. It does not enroll your identity, store a voice profile, or verify who is speaking.

Optional wake-word contributions. If you separately opt in to wake-word contribution features, Viola may process short wake-word clips solely to improve wake-word detection accuracy. Those clips are not used to identify you or authenticate you.

Control. You can disable microphone input at any time in Settings. Optional wake-word contribution features remain opt-in.

3.3.2 California AADC — Age-Appropriate Design Code

Viola is not designed for children under 13 and does not knowingly collect information from users under 13. Under the California Age-Appropriate Design Code Act, we evaluate new features for impact on minors and maintain high-privacy defaults applicable to all users regardless of age. This includes no behavioral advertising, no profiling, no dark patterns in consent flows, and data minimization by default. California residents may request information about features that may impact minors by emailing [email protected].

3.4 Account Termination

• You may delete your account at any time via Settings
• We may suspend or terminate accounts that violate these Terms
• Upon termination, cloud data will be deleted within 30 days

4. Subscription Plans

4.1 Free Plan

• Local-first features and BYOK/local AI where configured
• Limited managed usage allowance where offered
• Phone calls draw from the same usage allowance; no phone-minute or call-count cap is sold as a separate plan limit
• No payment required

4.2 Paid Plans

• Paid subscription plans are offered with higher managed usage allowances, cloud features, and support levels shown at purchase
• Current launch plans are Pro ($12/month or $120/year where annual billing is offered) and Max ($20/month or $200/year where annual billing is offered)
• A BYOK (Bring Your Own Key) path lets users provide their own AI API keys and is free for Viola-managed AI usage; third-party provider charges remain your responsibility
• Each plan includes a monthly managed usage allowance. If your managed allowance is reached, the primary option is an extra-usage top-up for the current billing cycle; BYOK remains available for supported LLM calls
• Features included in each tier may change; we will provide at least 30 days' notice before removing features from an existing paid tier

4.3 Billing Terms

• Paid plans are billed on a recurring monthly or annual basis depending on the plan you select
• Paid subscriptions automatically renew unless you cancel before the renewal date. You authorize us to charge your payment method on a recurring basis until you cancel
• You may cancel at any time through Settings > Account > Subscription or by contacting [email protected]
• Card payments are processed by Stripe. Cryptocurrency payments, where offered, are processed through BTCPay Server or another disclosed Bitcoin payment flow
• We will provide at least 30 days' advance notice of any price increase before it applies to your next billing cycle

4.4 Refunds and Cancellations

• You may request a refund at any time by contacting [email protected]; approval depends on these Terms and applicable law
• Cancellation takes effect at the end of your current billing period unless we state otherwise in writing. After cancellation, your account remains eligible for the Free tier unless separately terminated for a Terms violation
• Monthly plans: no partial refunds are provided for monthly subscriptions once a monthly billing cycle has begun
• Annual plans: if you cancel within the first 14 days of your initial subscription or renewal, you may request a pro-rated refund for the remaining unused months. After 14 days, no refunds will be issued for the remainder of the annual term
• Billing errors: contact support within 60 days if you believe you were charged in error. We will investigate and issue a refund if the charge was made in error
• Approved refunds are credited to the original payment method where possible. Cryptocurrency refunds may be issued in cryptocurrency or fiat equivalent at our discretion and may be affected by network fees, exchange-rate movement, and processor limitations

5. Third-Party Services

5.1 Music Providers

When you connect YouTube Music, Spotify, Apple Music, or Tidal:

• You must have a valid subscription with that provider
• The provider's terms of service apply to your use of their content
• We are not responsible for provider service interruptions
• Provider features depend on your subscription level with them

5.2 AI Providers

When you use cloud AI features:

• Supported provider paths may include OpenAI, Anthropic, Google/Gemini, local providers such as Ollama, BYOK provider accounts, and managed Viola subscription routing where offered
• In BYOK mode, you are responsible for charges, quotas, and policy compliance under your own provider account
• In managed subscription mode, your use must comply with the provider acceptable-use rules passed through by Viola
• We are not responsible for AI provider availability, model changes, outages, or responses

5.3 Provider Changes

• Third-party providers may change their APIs or terms at any time
• We will make reasonable efforts to maintain compatibility
• Some features may become unavailable due to provider changes

6. Acceptable Use

6.1 Permitted Use

• Personal and household use
• Using voice commands to control music and ask questions
• Configuring and customizing the application

6.2 Prohibited Use

You agree NOT to:

• Circumvent any access controls or security measures
• Use the service for any illegal purpose
• Attempt to access other users' accounts or data
• Use automated systems (bots) to interact with the service
• Remove or alter any copyright or trademark notices

The Viola source code is proprietary. Installation of the application grants you a personal, non-exclusive, non-transferable license to use the software on devices you own or control, subject to these Terms. This license does not grant you the right to reverse engineer, redistribute, sublicense, or create derivative works of the Viola source code beyond what is expressly permitted by applicable law.

6.3 Content Restrictions

You agree NOT to use Viola to:

• Stream or download copyrighted content without authorization
• Circumvent digital rights management (DRM)
• Record or redistribute streamed content
• Violate any music provider's terms of service

7. Intellectual Property

7.1 Viola Licensing

• The Viola source code, compiled application, installers, hosted service, and ViolaWake wake word model are proprietary unless a separate written license says otherwise
• Installation and use are governed by the Viola Commercial End-User License Agreement distributed with the installer and repository root LICENSE file where applicable
• The Viola name, logo, and branding are trademarks

7.2 Third-Party Components

• Viola incorporates third-party open source software under their respective licenses
• Third-party licenses and attributions are listed in the NOTICES file distributed with the application

7.3 Your Content

• You retain ownership of any content you create (playlists, settings)
• You grant us a license to store and process your data to provide the service
• We do not claim ownership of your music preferences or data

8. Disclaimers

8.1 "AS IS" Provision

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF RESULTS

8.2 No Guarantee of Availability

• We do not guarantee uninterrupted service
• We do not guarantee error-free operation
• Service may be modified or discontinued at any time

8.3 Third-Party Services

• We are not responsible for third-party provider outages
• We do not guarantee compatibility with all devices or configurations
• Music availability depends on your provider and region

8.4 Voice Recognition

• Voice recognition is not 100% accurate
• We are not responsible for misunderstood commands
• Wake word detection may have false positives or negatives

8.5 Desktop Automation

• Agent and desktop automation features interact with your operating system and applications
• We are not responsible for unintended consequences of automated actions
• You are responsible for reviewing and approving actions before they execute
• Automated actions may produce unexpected results depending on your system configuration

9. Limitation of Liability

9.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, or goodwill
• Service interruption or inability to use the service
• Actions of third-party providers
• Unauthorized access to your data

9.2 Cap on Liability

SUBJECT TO SECTION 9.4 BELOW AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE IN ANY 12-MONTH PERIOD SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID VIOLA IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $500.

9.3 Essential Basis and Severability

These limitations are an essential basis of the bargain between us. If a court of competent jurisdiction finds any portion of Section 9.1 or 9.2 unenforceable, the remaining provisions continue in effect, and the unenforceable portion is reformed to the minimum extent necessary for enforceability, except that Section 9.4 (Exclusions from Cap) shall govern if this reformation would deprive you of a remedy available under applicable law.

9.4 Exclusions from Cap

Nothing in this Section 9 limits or excludes our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation by us
• Our gross negligence or willful misconduct
• Our breach of confidentiality obligations, including any unauthorized disclosure by us of your OAuth tokens, voice recordings, or payment credentials
• Our indemnification obligations, if any, under these Terms
• Liability that cannot be excluded or limited by applicable law, including under UK Consumer Rights Act 2015 §§ 49-57 and EU Directive 2019/771
• Statutory damages under CCPA, GDPR, and similar data-protection statutes where applicable law prohibits contractual limitation

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including attorney fees) arising from:

• Your use of the service
• Your violation of these Terms
• Your violation of third-party rights
• Your violation of applicable law

11. Termination

11.1 Termination by You

• You may stop using the service at any time
• You may delete your account at any time
• Uninstalling the application terminates your local license

11.2 Termination by Us

We may suspend or terminate your access if you:

• Violate these Terms
• Engage in fraudulent activity
• Abuse the service or other users
• Fail to pay applicable fees

11.3 Effect of Termination

Upon termination:

• Your right to use the service ceases
• We may delete your cloud data after 30 days
• Provisions that should survive (IP, liability, indemnification) will survive

12. Dispute Resolution

12.1 Informal Resolution

Before filing any legal claim, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

12.2 Arbitration Agreement

Any dispute that cannot be resolved informally shall be resolved by binding arbitration, except:

• Small claims court actions
• Intellectual property disputes
• Injunctive relief for ongoing violations

12.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS.

12.4 Opt-Out of Arbitration

You may opt out of the arbitration agreement by following these steps within 30 days of first using the service:

How to Opt Out:

• Send an email to [email protected] with subject line "Arbitration Opt-Out"
• Include your full name, account email address, date you first used Viola, and statement: "I opt out of the Viola arbitration agreement"
• We will confirm receipt within 5 business days

Effect of Opting Out:

• You may pursue claims in court instead of arbitration
• The class action waiver still applies
• All other Terms remain in effect
• Opt-out does not affect your service access

Important: Opt-out must be received within 30 days. Late opt-outs will not be accepted.

13. Governing Law

These Terms and any dispute arising from or related to them are governed by the laws of the State of Wisconsin, United States, without regard to conflict-of-laws principles, except that:

• EU / UK / EEA consumers. If you are a consumer habitually resident in the EU, the UK, or the EEA, you also retain the mandatory protections of your country of residence, and nothing in these Terms overrides those protections. You may bring consumer-claim proceedings in your country of residence as provided by EU Regulation 1215/2012 and equivalent UK law.
• U.S. state mandatory law. This choice of law does not override mandatory consumer-protection statutes of your U.S. state of residence, including without limitation California Bus. & Prof. Code § 17200, the Illinois Consumer Fraud Act (815 ILCS 505/), the Illinois Biometric Information Privacy Act (740 ILCS 14/), and analogous statutes.
• UN Convention. The UN Convention on Contracts for the International Sale of Goods does not apply to these Terms.

14. Changes to Terms

14.1 Modification

• We may modify these Terms from time to time.
• For any material change (including changes to dispute resolution, the class-action waiver, the liability cap, data-processing purposes, or the categories of third-party recipients of your data), we will give at least 30 days' advance notice via in-app notification and email, require affirmative re-acceptance at your next login, and update the "Last updated" header.
• For non-material changes (typo fixes, restructuring, non-substantive clarifications), we will update the "Last updated" header; these are effective upon posting.

14.2 Continued Use

Continued use after affirmative re-acceptance of a material change constitutes acceptance of that change. Continued use after a non-material change constitutes acceptance of that change.

14.3 Rejection of Material Changes

If you do not accept a material change, you may terminate your account and obtain a prorated refund for any prepaid period. If you do not agree to modified Terms and do not wish to terminate, you must stop using the Service.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, the Viola Commercial End-User License Agreement in the LICENSE file, and any supplemental terms, constitute the entire agreement between you and us. In case of conflict, the LICENSE controls for the Software license and these Terms control for hosted Service, account, billing, subscription, refund, privacy, and user-data matters.

15.2 Severability

If any provision is found unenforceable, the remaining provisions continue in effect.

15.3 Waiver

Failure to enforce any provision does not waive our right to enforce it later.

15.4 Assignment

You may not assign your rights under these Terms. We may assign ours.

15.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our control.

16. Contact Us

For questions about these Terms:

• Email: [email protected]
• Support: [email protected]
• Security: [email protected]
• Website: https://useviola.com/terms

Mailing Address:
Jihad Shkoukani
Attn: Legal Team
Jihad Shkoukani, Milwaukee, Wisconsin, United States
United States