Terms of Service

Viola Voice Assistant

Version: 3.2

Effective Date: 2026-01-08

Last Updated: 2026-05-23

1. Acceptance of Terms

By clicking "I Agree," creating an account, downloading, installing, or using Viola ("the Service", "the Application"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated by reference. 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").

Eligibility: You must be at least 13 years old (or the minimum age required by applicable law in your jurisdiction) to use the Service. If you are between 13 and 18 years old, you must have your parent's or legal guardian's permission to use the Service and they must agree to these Terms on your behalf. Users in the European Economic Area must be at least 16 years old (the default GDPR Article 8 age of consent for information-society services), unless a lower age — no younger than 13 — has been set by your EU member state, in which case that age applies. By using the Service, you represent and warrant that you meet the eligibility requirements applicable to your jurisdiction.

2. Service Description

2.1 What Viola Is

Viola is an AI assistant available as a desktop application and cloud service (api.useviola.com) 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
• Ask questions and receive AI-powered responses
• Manage your music queue and preferences
• Make outbound phone calls on your behalf (opt-in feature; US/NANP numbers only)
• Browse the web and interact with websites, including making purchases on your behalf (opt-in agent mode)
• Read, compose, and send emails; manage calendar events (opt-in, via connected accounts)
• Execute desktop automation tasks including file management, shell commands, and application control (opt-in agent mode)
• Send and receive messages across messaging platforms (opt-in)

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 not a licensed financial advisor, legal advisor, medical professional, or any other regulated professional. AI responses are for informational purposes only and should not be relied upon as professional advice.
• 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. Viola does not answer inbound calls. Phone calling is available for United States/NANP phone numbers only, and that limit is enforced in the application. Phone Settings control call recording (default on), transcript retention (default on), and proactive AI announcement (default off). If recording or transcript retention is active, Viola includes the applicable disclosure in the opening greeting. Saved recordings and retained transcripts are auto-deleted after 30 days. Recording-consent, wiretapping, and telemarketing rules vary by state and use case; you remain responsible for using phone calling 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. When acting on a website, Viola uses your own logged-in sessions and credentials for the accounts you have connected; you remain bound by those websites' own terms. 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. Messages and calendar events created by Viola are created on your behalf and may be visible to recipients, invitees, and your connected Google account. Viola's use of Google user data complies with the Google API Services User Data Policy, including its Limited Use requirements; Google user data is not used to train AI models and is used only to provide the email and calendar features you have enabled.

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

Prompts, tool context, and related text may be sent to a model provider when you use AI features that require a model provider. The default AI source is Viola-managed access to OpenAI's API services, currently using gpt-5.4-mini unless changed in the application. Viola supports three execution paths:

• 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 API services. In this mode, Viola holds an OpenAI API account and is the contracting party with the provider; the provider's API terms apply.
• 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 enables account-based features shown in the application, such as subscription management, managed AI, and hosted features where offered.
• Viola uses a self-hosted GoTrue identity service, the open-source Supabase Auth service, for account creation, login, sessions, password storage, email verification, and identity lifecycle events.
• You are responsible for maintaining account security.
• You must provide accurate registration information.
• One account per person; account sharing is not permitted.

3.3 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 Tiers

4.1 Free Tier

• Local-first features and BYOK/local AI where configured
• Limited managed AI 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 AI allowances, cloud features, and support levels shown at purchase.
• Current paid 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). Current plan options and pricing are displayed in the application and at https://useviola.com/pricing.
• 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 AI 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

• Billing Cycle: Paid plans are billed on a recurring basis (monthly or annually, depending on the plan you select) starting on the date you subscribe.
• Auto-Renewal: All paid subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. By subscribing, you acknowledge and agree that your subscription will automatically renew and you authorize us to charge your payment method on a recurring basis at the then-current rate until you cancel. You may cancel at any time through Settings > Account > Subscription or by contacting [email protected]. We will send you a reminder notification at least 7 days before each renewal date; for annual subscriptions, at least 30 days before renewal. This auto-renewal disclosure is provided in compliance with California Business and Professions Code Section 17600 et seq. (Automatic Renewal Law) and New York General Business Law Section 527-a.
• Payment Method: You must provide a valid payment method. Card payments are processed by Stripe. Cryptocurrency payments, where offered, are processed through BTCPay Server or another disclosed Bitcoin payment flow. If your payment method fails, we may retry the charge and/or suspend your access to paid features until payment is received.
• Price Changes: We may change subscription prices from time to time. We will provide at least 30 days' advance notice of any price increase via email and/or in-app notification. Price changes take effect at the start of your next billing cycle following the notice. If you do not agree to a price change, you may cancel your subscription before it renews at the new price.
• Taxes: Prices displayed may not include applicable taxes. You are responsible for any sales tax, VAT, or other taxes imposed on your subscription, except for taxes based on our income.

4.4 Refunds & Cancellations

How to Cancel

• You may cancel your subscription at any time through Settings > Account > Subscription, or by contacting [email protected].
• Cancellation takes effect at the end of your current billing period unless we state otherwise in writing. You will continue to have access to paid features until the end of the period you have already paid for.
• After cancellation, your account remains eligible for the Free tier unless it is terminated for a separate Terms violation.
• Cancelling does not entitle you to a refund for the current billing period (see below).

Refund Policy

• Monthly Plans: No partial refunds are provided for monthly subscriptions. Once a monthly billing cycle has begun, no refund will be issued for that cycle.
• Annual Plans: If you cancel an annual plan 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.
• Free Tier: The free tier requires no payment; no refund applies.
• Billing Errors: If you believe you were charged in error (e.g., duplicate charge, charge after cancellation), contact [email protected] within 60 days. We will investigate and issue a refund if the charge was made in error.

How to Request a Refund

• Contact [email protected] with your account email, the charge date, and a description of the issue.
• We will respond to refund requests within 5 business days.
• Approved refunds will be credited to your original payment method within 10 business days.

Exceptions

• We reserve the right to refuse refunds in cases of abuse, fraud, or violation of these Terms.
• Refunds for charges processed by third-party providers (e.g., app stores) are subject to that provider's refund policy.
• Cryptocurrency refunds, where available, 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 or Spotify:

• You must have a valid account or subscription with that provider where required.
• 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 Viola-managed OpenAI API access 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's acceptable-use rules, which are 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.

5.4 Telephony Provider

When you enable phone calling:

• Outbound calls are placed via Telnyx. Telnyx's terms of service and acceptable use policies apply.
• You are responsible for ensuring your use of phone calling complies with applicable telecommunications laws, including the Telephone Consumer Protection Act (TCPA) and state telemarketing and wiretapping regulations.
• You must not use Viola to make robocalls, telemarketing calls, or calls to numbers on the National Do Not Call Registry without proper authorization.

5A. Agent Actions and Liability

5A.1 Agent Mode

When you enable agent mode, Viola's AI can perform actions on your behalf, including browsing websites, making purchases, sending emails, making phone calls, and executing desktop commands. You understand and agree:

• You are the principal; Viola is your tool. Viola is an automated tool that acts solely at your direction and under your control. You are the principal and the responsible party for every action you direct or approve. Actions taken by Viola on your behalf are treated as your actions.
• Electronic-agent contract formation. You agree that actions initiated by Viola's automated agent at your direction are legally attributable to you and may form binding contracts, consistent with the Uniform Electronic Transactions Act and the federal E-SIGN Act.
• Purchases are binding. When Viola completes a purchase on your behalf (e.g., ordering food, buying products online), that transaction is between you and the merchant. We are not a party to the transaction and are not liable for the goods or services purchased, delivery issues, refund disputes, or merchant conduct.
• Approval gates. High-risk actions (purchases, sending emails, executing shell commands, file deletion) require your explicit per-action approval before execution. You should review each action before approving it.
• No guarantee of accuracy. The AI may misinterpret your instructions, select incorrect items, enter incorrect information, or otherwise produce unintended results. You should verify the outcome of agent actions.
• Email and calendar. When Viola sends emails or creates calendar events on your behalf, those communications are attributed to you. We are not responsible for unintended recipients, incorrect content, or scheduling errors.

5A.2 Phone Calling

When you use Viola's phone calling feature:

• Outbound only, US/NANP numbers only. Viola places outbound calls and does not answer inbound calls. Phone calling is available for United States/NANP phone numbers only, as enforced by the application.
• Agency and responsibility. You authorize Viola to place user-initiated phone calls on your behalf. You are the principal and responsible party for the purpose, content, and legality of each call you direct Viola to place.
• Phone settings. Phone Settings include three user controls: call recording (default on), transcript retention (default on), and proactive AI announcement (default off).
• Opening disclosures. Viola builds one natural opening that identifies Viola as calling for you, includes any active recording/transcript disclosure, and then states the call purpose. If recording only is active, the disclosure says the call may be recorded for your records. If transcript retention only is active, it says the call may be transcribed for your records. If both are active, it says the call may be recorded and transcribed for your records. If neither is active, no recording/transcript disclosure is spoken.
• Recording and transcript control. Recording does not begin until the opening disclosure has been spoken. Transcript persistence does not begin unless transcript retention is enabled and disclosed. If the called party objects to recording or transcription, Viola stops the recording tee and stops persisting transcript for the remainder of the call; the call may continue.
• Retention. Saved call recordings and retained transcripts are auto-deleted after 30 days.
• AI identity. Proactive AI self-identification is controlled by the Phone Settings toggle. When it is on, Viola opens as your automated assistant. When it is off, Viola does not proactively add that clause, but Viola will answer truthfully and immediately if asked whether it is a person, robot, AI, or automated system. Viola will not claim to be human, will not impersonate you, and will not use a false assistive-device explanation.
• Caller identification. Viola places calls from a pool of Telnyx phone numbers. The called party will see the Telnyx number, not your personal number.
• Permitted and prohibited use. Phone calling is for personal and household use, user-initiated and non-commercial. You must not use it for telemarketing, sales outreach, political calls, fundraising, debt collection, surveys, mass/proactive calling, emergency services, harassment, calls to numbers on the National Do Not Call Registry, calls where required consent has not been obtained, or any other unlawful calls.
• Call content. The AI conducts the conversation on your behalf based on your instructions. You are responsible for the content, purpose, and legality of the call.
• Called-party opt-out. Called parties may request no further AI calls, and Viola honors a do-not-call list before every dial.
• Rate limits. Phone calling is subject to per-user rate limits and plan limits.
• Separate ToS. Phone calling requires acceptance of a separate Phone Calling Terms of Service within the application before first use.

5A.3 Browser Automation and Web Scraping

When Viola browses the web on your behalf:

• You are responsible for ensuring that Viola's automated browsing does not violate any website's terms of service.
• We are not responsible for any consequences arising from automated interaction with third-party websites, including account restrictions or bans imposed by those websites.
• Viola's browser automation is intended for personal use (e.g., completing purchases you have initiated) and not for systematic data collection, scraping, access-control evasion, fraud, deception, or impersonation.

5A.4 Payment Card Vault

If you store payment cards in Viola's local vault:

• The card number, expiration, and security code are stored locally on your device in encrypted form. We do not have access to your card data, and it is never transmitted to Viola's servers.
• You are responsible for the security of your device. If your device is compromised, your stored card data may be at risk.
• We are not responsible for unauthorized transactions resulting from compromised devices or stolen credentials.
• You may remove stored cards at any time from Settings.

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
• Use Viola's agent features to defraud, scam, spam, deceive, or mislead anyone
• Use Viola to impersonate a person or organization without authorization, or to conceal that an AI is involved where disclosure is required
• Use Viola's agent features for systematic scraping, access-control evasion, or interaction with sites where you lack an account or authorization

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

6.4 Trade Controls and Sanctions

You must comply with all applicable export-control, sanctions, and trade laws. You may not use, export, re-export, or transfer the Service in violation of those laws, or use the Service for the benefit of any person, organization, country, territory, or end use that is prohibited or restricted under applicable trade laws.

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 in the repository root LICENSE file and bundled with the installer 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 are listed in NOTICES.md and related third-party notice files.

7.3 Your Content

• You retain all ownership rights in any content you create or provide through the Service (playlists, settings, preferences, voice commands, messages).
• You grant us a limited, non-exclusive, royalty-free, revocable license to store, process, and transmit your data solely as necessary to provide the Service. This license terminates when you delete your data or account.
• We do not claim ownership of your music preferences, voice data, messages, or other user-generated content.
• Subject to your compliance with these Terms and the rights of third parties, we do not claim ownership of AI outputs generated for you through Viola. Outputs may not be unique to you, may be similar to outputs generated for other users, and may contain third-party content or factual errors you are responsible for reviewing before use.
• No AI Training: We do not use your content — voice commands, conversations, prompts, messages, files, call audio, or transcripts — to train AI or machine-learning models. This is our default and does not change unless you take a separate, explicit opt-in action. Your prompts are processed by third-party AI providers to answer you; under our business arrangements with those providers your inputs and outputs are not used to train their models by default, but those providers' own terms govern their processing. See our Privacy Policy for details.

7.4 Feedback

If you send us feedback, suggestions, bug reports, or ideas about the Service, you allow us to use that feedback to operate, improve, secure, and develop Viola without payment or separate permission. This does not give us ownership of unrelated personal content you provide through the Service.

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, AND 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 AI-Specific Disclaimers

• No Professional Advice: AI responses are generated by language models and are for informational purposes only. They do not constitute legal, medical, financial, tax, or other professional advice. Always consult a qualified professional for matters requiring professional judgment.
• Accuracy Not Guaranteed: AI responses may be inaccurate, incomplete, outdated, or misleading. The AI may "hallucinate" facts, citations, or data. You should independently verify any information before relying on it.
• Agent Actions: The AI may misinterpret commands, perform unintended actions, or produce unexpected results. Always review agent actions before approving them, especially for purchases, emails, and phone calls.
• Third-Party Model Providers: AI features may be powered by third-party providers including OpenAI, Anthropic, Google/Gemini, or user-configured providers, or by local models such as Ollama. We do not control third-party models' behavior, training data, biases, or outputs. Changes to these providers' models may affect Viola's behavior without prior notice.
• Not a Substitute: Viola is not a substitute for human judgment. You are responsible for evaluating the appropriateness and accuracy of any AI-generated content or actions.

9. Limitation of Liability

9.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 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 (AI models, music services, payment processors, telephony providers)
• Unauthorized access to your data
• Purchases, payments, or financial transactions made by the AI agent on your behalf
• Content of phone calls made by the AI agent on your behalf
• Emails, messages, or other communications sent by the AI agent on your behalf
• Any actions taken by the AI agent that were approved by you
• Inaccurate, incomplete, or misleading AI-generated responses or actions
• Loss or corruption of locally stored data (including payment card data in the local vault)

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 OUT OF OR RELATING 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 you and us. You acknowledge that we have set our prices and entered into these Terms in reliance upon these limitations. 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 the 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, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney fees) arising from or related to:

• Your use of the Service in violation of these Terms
• Your violation of any applicable law, regulation, or third-party rights
• Agent actions you approved, including purchases, phone calls, emails, and desktop commands
• Your use of the phone calling feature in violation of telecommunications or wiretapping laws
• Content you create, transmit, or store using the Service
• Your failure to maintain the security of your account credentials or device

This indemnification obligation does not apply to the extent that a claim arises from our own gross negligence, willful misconduct, or breach of these Terms.

11. Termination

11.1 Termination by You

• You may stop using the Service at any time.
• You may delete your account at any time via Settings > Account or by contacting [email protected].
• You may request export of your cloud data before account deletion (see Section 11.4).
• Cancellation of a paid subscription follows the procedure in Section 4.4.

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, or fail to pay applicable fees after reasonable notice and opportunity to cure. Where practicable and not prohibited by law, we will provide you with at least 14 days' notice before terminating your account (except in cases of fraud, illegal activity, or imminent harm, where immediate action may be required). The notice will specify the reason and, where applicable, steps you can take to cure the violation.

If you believe a suspension, restriction, or termination was made in error, you may ask us to review it by emailing [email protected] or [email protected] with the account email, the action you are appealing, and the reason you believe it was incorrect. We may keep a restriction in place while we review it when needed to protect the Service, users, called parties, third parties, or legal compliance.

11.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately.
• You will have 30 days after termination to export your cloud data (see Section 11.4).
• After the 30-day export period, we will delete your cloud data, except for records we are required to retain by law (e.g., subscription and billing records for up to 7 years).
• Local data on your device remains under your control and is not affected by account termination.
• The following provisions survive termination: Sections 7 (IP), 8 (Disclaimers), 9 (Liability), 10 (Indemnification), 12 (Disputes), 13 (Governing Law), and 15 (General).

11.4 Data Export

Before or within 30 days after account deletion or termination, you may request an export of your cloud data by contacting [email protected]. We will provide your data in a structured, commonly used, machine-readable format (JSON) within 30 days of your request.

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 administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except:

• Small claims court: Either party may bring an individual action in small claims court for disputes within the court's jurisdictional limit.
• Intellectual property disputes: Claims relating to intellectual property infringement or misappropriation may be brought in court.
• Injunctive relief: Either party may seek injunctive or other equitable relief in court for ongoing violations.

Arbitration Procedures:

• Arbitration will be conducted by a single arbitrator.
• The arbitration will take place in the county where you reside, or at your election, by telephone, video conference, or based on written submissions.
• The arbitrator's decision will be final and binding and may be enforced in any court of competent jurisdiction.
• For claims under $10,000, we will pay all AAA filing, administrative, and arbitrator fees. For claims over $10,000, fees will be allocated as provided by the AAA Consumer Arbitration Rules.
• Each party will bear its own attorney fees unless the arbitrator determines that a party's claim or defense was frivolous or brought in bad faith.

12.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

IF A COURT OR ARBITRATOR DETERMINES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO A PARTICULAR CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) SHALL BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT.

12.4 Opt-Out of Arbitration

You may opt out of the arbitration agreement within 30 days of first using the Service by emailing [email protected] with the subject line "Arbitration Opt-Out" and including your full name, your account email address, the date you first used Viola, and the 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. 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 to reflect changes in our Service, applicable law, or for other operational reasons.
• For any material change (including changes to pricing, 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 email and in-app notification, 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.
• Changes to the arbitration agreement (Section 12) are subject to the 30-day opt-out period described in Section 12.4, restarting from the date of notification.

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 cancel your subscription before the change takes effect and receive a pro-rated refund for the remaining unused portion of your current billing period. If you do not agree to modified Terms and do not wish to cancel, you must stop using the Service before the effective date.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, the Viola Commercial End-User License Agreement in the root LICENSE file, and any supplemental terms (including the Phone Calling Terms of Service), constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings. 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 of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by us.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to an affiliate or successor entity in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, provided that the assignee agrees to be bound by these Terms. We will notify you of any such assignment.

15.5 Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, acts of government, epidemics, power failures, internet disruptions, or third-party service outages.

15.6 Notices

We may provide notices to you via email (to the address on file), in-app notification, or by posting on the Service. You may provide notices to us by emailing [email protected]. Notices are deemed received when sent via email (upon successful delivery) or when posted (upon posting).

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

Milwaukee, Wisconsin, United States

17. Changelog