Terms of Service

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

This Statement of Rights and Responsibilities ("Statement," "Terms," or "TOS") derives from the mission of Volterra ("Volterra" or "we"), and is our Terms of Service that governs our relationship with users who interact with Volterra and Volterra Products and Services. By using or accessing Volterra Products and Services, you agree to this Statement, as updated from time to time in accordance with Section 11.

1. Privacy

Your privacy is important to us. We designed our TOS to make sure that you understand how you can use Volterra to obtain information about functional brain health and how we use your content, data and information. We encourage you to read the TOS and use it to help you make informed decisions. You must agree to the TOS in order to use Volterra Products and Services.

2. Description of Volterra Products and Services

The Services include access to Volterra applications. The use of Volterra applications may include the use of our websites and mobile applications.

If you are a patient or a research participant: It may include the collection of your personal health information (such as medical history and current medications) and personally identifiable information (such as video, image, voice, and movement data, for the purpose of accurately characterizing your brain's functional status, and email address, phone number, and mailing address, for the purpose of uniquely identifying you).

If you are a provider or researcher: It may include personally identifiable data (such as your email address, phone number, mailing address, and clinical licensure number) for the purpose of uniquely identifying you.

Each new feature that augments or enhances the current Service shall be subject to the TOS, unless stated otherwise. You acknowledge and agree that the Services are provided AS IS and are based on the current state of the art of neurobehavioral research and technology available through Volterra at the time of your use.

Volterra is continually innovating in order to provide the best possible experience and the most robust information to its users. You acknowledge and agree that the form and nature of the Services which Volterra provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Volterra may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at Volterra's sole discretion, without prior notice to you.

Volterra assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.

3. User Response

If you are a patient or a research participant:

You are aware that viewing assessment results may provoke strong emotions and thoughts. You will not hold Volterra responsible for any negative emotional or concerning thought consequences that you experience from interacting with Volterra products and services or from receiving assessment results, be they medically relevant or not.

4. Usage Considerations

If you are a patient or a provider:

We do our best to provide patients and providers with educational and supportive information about behavioral, cognitive, emotional, social, and motor functions that are derived from interactions with Volterra's applications. Patients and providers may make incorrect brain health assumptions based on the data that Volterra provides. We recommend against making your own health-related conclusions based on these results. Diagnostic, therapeutic and rehabilitative information may only be interpreted and provided through a specialty provider with the appropriate qualifications. Patients and providers who do not have appropriate specialty qualifications must work with specialists to obtain diagnostic, therapeutic or rehabilitative information.

If you are a research participant or researcher:

We do our best to provide research participants with non-diagnostic and non-medically relevant information that protects study integrity while also satisfying participant curiosity. However, we may provide no information or feedback to research participants should the study protocol prohibit sharing participant data. We do our best to provide researchers with reliable information about the brain function of research participants. We do not provide clinical information to researchers unless specifically stated in our research contract.

5. Data Collection

If you are a patient or research participant:

1. You guarantee that the information and data that you provide is your own; if you agree to the TOS on behalf of a person for whom you have legal authorization, you confirm that the information provided will be the information of that person.
2. You give Volterra permission to collect and analyze your speech and vocalizations, body movements, facial expressions, and questionnaire responses (provided by you, a caregiver, guardian, teacher, or other relevant person) in order to quantify your brain functions, and you authorize Volterra to share your results with individuals with whom you authorize Volterra to share your results.
3. We may ask you for demographic information and other information that may personally identify you such as your name and date of birth. Volterra will never provide information that identifies you by name or email to any third party without receiving your consent to do so, unless required by law.
4. We may ask you for information about your medical history, for example whether you have or have had a brain health condition, your current and past medication use, as well as the medical history of your family members.
5. We may collect information about the devices that you use to access Volterra Services. For example, we may collect and store information such as device type, IP address, operating system, and the date and time of use.

If you are a provider or researcher:

1. You guarantee that the information and data that you collect is from the associated patient or research participant and you confirm that all information collected will be the information of that person.
2. You give Volterra permission to collect and analyze the patient's or research participant's speech and vocalizations, body movements, facial expressions, and questionnaire responses.
3. We may ask for demographic information and other information that may personally identify a patient or research participant such as name and date of birth. Volterra will never provide information that identifies a patient or research participant by name or email to any third party without receiving consent to do so, unless required by law.
4. We may ask you for information about the patient's or research participant's medical history, for example whether they have or have had a brain health condition, their current and past medication use, as well as the medical history of their family members.
5. We may collect information about the devices that you or your patients or research participants use to access Volterra Services. For example, we may collect and store information such as device type, IP address, operating system, and the date and time of use.

6. Use of Data That You Provide

1. All data collected through Volterra products and services are de-identified, processed, and stored for future use. When you use Volterra products and services, you agree to the Volterra TOS, for Volterra to use collected, de-identified data to improve its product, and to share collected, de-identified data with Volterra employees, contractors and collaborators.
2. We appreciate your use of Volterra products and services as well as your feedback and suggestions. You understand that we may use data collected from you or by you for Volterra research or commercial products without any obligation to acknowledge or compensate you for them (just as you have no obligation to offer them). You understand that Volterra has sole rights to any knowledge or property derived from information collected by you or from you.

If you are a research participant or researcher: If information or data was collected as part of a research study that involved a separate consent form, then the rules of usage defined by that consent form supersede the rules of our Terms of Service.

7. Data Security

How Volterra keeps data secure

We have implemented, and we maintain reasonable security practices to protect against the unauthorized access, use, modification, destruction or disclosure of your personal information. However, no method of transmission or storage is completely secure, and we therefore cannot guarantee absolute security.

How you can help keep your data secure

We rely on you to maintain the confidentiality of your account and to help maintain its security.

1. You will not provide access to your account to anyone, or do anything that might jeopardize the security of your account or allow the collection of data from your account by anyone other than you.
2. After using our products and services, you ensure that you will exit from your account at the end of each session.
3. You will immediately notify Volterra of any unauthorized use of your account, username or password or any other breach of security.
4. You will not solicit login information nor access an account belonging to someone else.
5. You agree that Volterra is not responsible for the actions of parties to whom you have granted account access whether intentionally or inadvertently.
6. You will not contribute viruses or other malicious code.
7. You will not do anything that could disable, overburden, or impair the proper working or appearance of Volterra products or services, such as a denial of service attack or interference with application delivery or function, web page rendering or other Volterra functionality.
8. You will not facilitate or encourage any violations of this Statement or our Policies.

8. Registration and Account Security

Here are some commitments you make to us relating to registering and maintaining the security of your account:

1. You will not provide any false personal information on Volterra.
2. You will not create an account for anyone other than yourself, unless requested by the person or by a provider as a caregiver or guardian of the person whose information will be gathered.
3. You will not create more than one personal account or deliberately use more than one account.
4. If we disable your account, you will not create another account without our permission.
5. You will keep your contact information accurate and up-to-date.
6. You will not let anyone else access your account, or do anything that might jeopardize the security of your account or allow the collection of data from your account by anyone other than you.
7. You will not transfer your account.

9. Protecting Your Rights and the Rights of Others

We respect people's rights and expect you to do the same. You agree that you will not use any Volterra trademark, service mark, trade name, logo, or any company or organization in a way that is likely to cause confusion about the owner or authorized user of Volterra marks, names or logos without Volterra approval.

10. Mobile and Other Devices

Please be aware that your carrier's normal rates and fees, such as data charges apply during the use of Volterra Products and Services.

11. Amendments

We strive to create consistent standards for everyone. We also strive to respect local laws. The following provisions apply to users and non-users who interact with Volterra outside the United States:

1. If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on our website.
2. Your continued use of Volterra following changes to our terms constitutes your acceptance of our amended terms.

12. Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Volterra Products and Services to you. We will notify you by email, phone or letter or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 3-9, 11-16.

Likewise, if you engage in suspected abusive, fraudulent, malicious or illegal activities, Volterra may terminate your use of Products and Services and may refer you and an account of your activities to legal authorities.

You agree that Volterra shall not be liable to you or any other party for the termination of your access to Volterra Products and Services.

13. Disputes

1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Volterra exclusively in the U.S. District Court for the Northern District of California or a state court located in San Francisco County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
2. If anyone brings a claim against us related to your actions, data or information on Volterra, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions with regard to Volterra products and services and are not responsible for the data or information users transmit or share on Volterra. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable information you may offer or encounter on Volterra. We are not responsible for the conduct, whether online or offline, or any user of Volterra.

14. Special Provisions Applicable to Software and Applications

1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

15. Special Provisions Applicable to Users Outside the United States

We strive to create consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Volterra outside the United States:

1. You consent to having your personal data transferred to and processed in the United States.
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not use Volterra if you are prohibited from receiving products, services, or software originating from the United States.

16. Other

1. This Statement makes up the entire agreement between the parties regarding Volterra and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.
9. We reserve all rights not expressly granted to you.
10. You will comply with all applicable laws when using or accessing Volterra.

17. Definitions

1. By "Volterra" or "we" we mean Volterra, its affiliates, their respective officers, directors, employees, agents, suppliers, contractors, or licensors.
2. By "product, content, and services" we mean the products, content, and services, features and functions we make available, including (a) through our apps, websites, and any other branded or co-branded websites; (b) our Platform; (c) other media, software, devices, or networks now existing or later developed.
3. By "platform" we mean a set of APIs and services (such as data and analytics) that enable others to retrieve data and information from Volterra or provide data to us.
4. By "information" we mean facts and other information about you gathered from you while you, or an individual or clinician acting on your behalf, interacted with Volterra products and services.
5. By "content" we mean anything produced by Volterra or contributed to Volterra by you, our affiliates, or others that would not be included in the definition of information.
6. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can provide to Volterra through our tools and services.
7. By "use" we mean interact with, use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By "application" we mean any mobile application, web application, or website that uses or accesses the Volterra Platform, as well as anything else that receives or has received data from us. If you no longer access Volterra products and services but have not deleted all data from us, the term application will apply until you delete the data.