Terms & Conditions

Last modified: May 28, 2020

Sinclair Telecommunications LLC (“Volta”, the “Volta Movement”, “our”, “we”, or “us”) provides technologies, tools and services to our members that enable them to have more control over their personal data and who gets access to it, including but not limited to encrypting internet traffic, hiding their IP address, messaging, voice and video calling over the internet, and other services to users around the world. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).

IF YOU ARE A VOLTA USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, VOLTA AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE “SPECIAL ARBITRATION PROVISION FOR UNITED STATES OR CANADA USERS” SECTION BELOW TO LEARN MORE.

About our services

Registration. You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, update this mobile phone number. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.

Address Book. You provide us the phone numbers of Volta users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.

Age. You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

Privacy policy and user data

In general, Volta collects and maintains as little personal data as possible. Volta intentionally designs all of our technologies from the outset to help ensure that even we do not have access to your personal data. Volta cares about your privacy. Volta’s Privacy Policy (hotlink) describes our information practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Acceptable use of our services

Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Volta, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Harm to Volta or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Keeping Your Account Secure. You are responsible for keeping your device and your Volta account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

 

Third-party services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your Volta contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

Licenses

Your Rights. Volta does not claim ownership of the information that you submit for your Volta account or through our Services. You must have the necessary rights to such information that you submit for your Volta account or through our Services and the right to grant the rights and licenses in our Terms.

Volta’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines that may be provided upon request. You may use the trademarks of our affiliated companies only with their permission, including as authorized in any published brand guidelines.

Your License to Volta. In order to operate and provide our Services, you grant Volta a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our Privacy Policy).

Volta’s License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Reporting third-party copyright, trademark, and other intellectual property infringement

To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our Intellectual Property Policy. We may terminate your Volta account if you repeatedly infringe the intellectual property rights of others.

Disclaimers

YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “VOLTA PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Limitation of liability

THE VOLTA PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE VOLTA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE VOLTA PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the VOLTA PARTIES from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

Dispute resolution

Forum and Venue. If you are a Volta user located in the United States or Canada, the “Special Arbitration Provision for United States or Canada Users” section below applies to you. Please also read that section carefully and completely. If you are not subject to the “Special Arbitration Provision for United States or Canada Users” section below, you agree that you and Volta will resolve any Claim relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in the United States District Court for the Southern District of Georgia or a state court located in Thomas County in Georgia or the nearest applicable state court in the state of Georgia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes. Without prejudice to the foregoing, you agree that, in our sole discretion, we may elect to resolve any Dispute we have with you in any competent court in the country in which you reside that has jurisdiction over the Dispute.

Governing Law. The laws of the State of Georgia govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between Volta and you, without regard to conflict of law provisions.

Availability and termination of our services

Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time and without any warning. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Termination. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The paid subscription to Membership in the Volta Movement providing you access to the Services is based on an auto-renewal basis. As such, your subscription will automatically renew upon the end of your applicable subscription period (e.g., annual basis) corresponding to the term of your subscription unless cancelled in accordance with the terms of your subscription. If your subscription renewal begins on a day not contained in a given month, then we will charge you on the last day of such month. You acknowledge and agree that the timing of when you are billed and the amount billed may vary due to free trials and other promotional offers, credit applied to your account, and changes in your subscription, and you hereby authorize us to charge you for the corresponding amounts. You are solely responsible for ensuring that your billing and payment information is correct to prevent your subscription from being cancelled. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled your subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next subscription period and may change the date on which you are billed for each period. We reserve the right to cancel your subscription if we are unable to successfully charge your payment method to renew your subscription. When your subscription ends, you will lose access to the Volta Services that require a subscription. If we offer you a promotion or a promotional price for your subscription, the specific terms of the promotion will be disclosed or made available to you when you select your subscription plan. Sometimes (not always), you will be required to agree to the Additional Terms that will be provided to you and describe the particular promotion for your selected subscription plan. If no Additional Terms will be provided at the time of purchase, then these Terms of Service shall be in force. In the case of promotional pricing, promotional pricing is offered for a period of time with a beginning and end that shall be clearly stated in that promotion. Promotional pricing is generally offered for only one stated time period (i.e. – a promotional price for an annual subscription will apply only to the first year of an annual subscription). After your promotion period ends, we will begin billing you for your subscription at the regular price after the promotion ends unless you cancel your subscription prior to the end of the promotion. We reserve the right to change, modify or vary the price, package and features of the Volta Movement subscription plans that we make available from time to time. If we change or modify the price and package of such subscription plans, we will provide you with advanced notice of the applicable changes or modifications. You may discontinue to use the Volta Services offered under a subscription plan and request the cancellation of your subscription to Membership in the Volta Movement and access to Volta Services at any time. We will not be liable or reimbursing you for the cancellation of your Volta Membership subscription. You may choose to terminate Services at any time by changing the auto-renew status of your Membership to the ‘off’ position on your Member Account page on the Volta Movement website. By cancelling your Membership subscription, your account will automatically close at the end of your current billing period. Upon cancellation of your subscription, you may continue to use the applicable Volta Services through the remainder of your subscription term, as well as any content that you previously created or reproduced through use of such Volta Services as of the date of cancellation of your subscription, provided that such use must be in compliance with these Terms.

 

Refunds: No refunds or credits for cancellation of your subscription. No refunds or credits for suspension or termination of this Agreement or your account for any reason. The following provisions will survive any termination of your relationship with Volta, no matter the reason of said termination: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” “Other,” and “Special Arbitration Provision for United States or Canada Users.”

Other

  • Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Volta and our Services and supersede any prior agreements.
  • We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
  • Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
  • Taxes and Fees. All prices displayed on the Volta website are shown exclusive of taxes and fees. All purchases made on the Volta Movement website shall have a flat 10% taxes and fees applied to the final charges. This amount covers any and all applicable sales taxes and/or value-added taxes, as well as any other fees that may be necessary for Volta to pay as a part of provision of Services, including any costs incurred by Volta associated with compliance with all applicable laws and regulations.
  • NO ACCESS TO EMERGENCY SERVICES: There are important differences between Volta and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.
  • You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods in order to violate such Export Laws.
  • Our Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
  • Any amendment to or waiver of our Terms requires our express written consent.
  • We may amend or update these Terms. We may provide you notice of amendments to our Terms, as appropriate, but are under no obligation to provide such notice of amendments to our Terms. We will update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. It is solely your responsibility to review our Terms from time to time.
  • All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
  • You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
  • Nothing in our Terms will prevent us from complying with the law.
  • Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
  • If we fail to enforce any of our Terms, it will not be considered a waiver.
  • If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions, except as set forth in the “Special Arbitration Provision for United States or Canada Users” — “Severability” section below.
  • We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
  • We always appreciate your feedback or other suggestions about Volta and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

Member Offers

  • All services offered under “Member Offers” are services provided by third parties (“Service Providers”).
  • By engaging with Service Providers through the Volta Movement, you choose to appoint Volta as your Agent in procuring services from Service Providers on your behalf.
  • As your Agent, you authorize Volta to choose a service plan, accept any terms of payment, terms of services and/or other policies of the Service Providers on your behalf and agree that you will remain solely liable for fulfilling any obligations to which Volta shall agree on your behalf in acting as your Agent in selecting and procuring these services.
  • As your Agent, Volta may choose to pay a Services Provider for services on your behalf. In such cases, you remain fully liable to Volta for the full amount of the services that Volta has paid to the Services Provider, plus any additional taxes and fees that Volta may choose to include in our invoice to you, including any Agent Fees paid to Volta in return for Volta acting on your behalf as your Agent in the selection and procurement of these services.
  • As your Agent, Volta is not responsible for the provision of services to you by the Services Provider. Volta may choose to assist you with any questions or issues that may arise with the services from a Services Provider, but provision of such assistance or support in no way makes Volta responsible for the services provided by third-party Service Providers as a part of the Volta Member Offers.
  • Even though you may choose to purchase the services of a third-party Services Provider through Volta, all commercial, technical and other obligations remain strictly between you and the Services Provider. Volta has no further responsibility for these services.

 

Special arbitration provision for United States or Canada users

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU ARE A VOLTA USER LOCATED IN THE UNITED STATES OR CANADA, IT REQUIRES YOU TO SUBMIT TO BINDING INDIVIDUAL ARBITRATION OF ALL DISPUTES, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU ARE WAIVING YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION. FINALLY, THIS SECTION WAIVES YOUR RIGHT TO HAVE YOUR DISPUTE HEARD AND RESOLVED AS A CLASS ACTION, CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.

“Excluded Dispute” means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.

Federal Arbitration Act. The United States Federal Arbitration Act governs the interpretation and enforcement of this “Special Arbitration Provision for United States or Canada Users” section, including any question whether a Dispute between Volta and you is subject to arbitration.

Agreement to Arbitrate for Volta Users Located in the United States or Canada. For Volta users located in the United States or Canada, Volta and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. Volta and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. Volta and you agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms.

The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules. Notwithstanding the AAA Rules, we will reimburse you for all the AAA administrative fees in Disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a Dispute was filed for purposes of harassment or is patently frivolous.

Opt-Out Procedure. You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms; and (ii) the date you became subject to this arbitration provision. You must use this address to opt-out:

The Volta Movement

c/o Sinclair Telecommunications LLC
Arbitration Opt-Out
122 N Madison St
Thomasville, GA 31792
United States of America

You must include: (1) your name and residence address; (2) the mobile phone number and email address associated with your account; and (3) a clear statement that you want to opt out of our Terms’ agreement to arbitrate.

Small Claims Court. As an alternative to arbitration, if permitted by your local “small claims” court’s rules, you may bring your Dispute in your local “small claims” court, as long as the matter advances on an individual (non-class) basis.

Time Limit to Start Arbitration. We and you agree that for any Dispute (except for the Excluded Disputes) we and you must commence an arbitration proceeding within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.

No Class Actions, Class Arbitrations, or Representative Actions for Users Located in the United States or Canada. We and you each agree that if you are a Volta user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.

Severability. If the prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable for a Dispute, then all of the provisions above under the caption “Special Arbitration Provision for United States or Canada Users” will be null and void as to that Dispute.

Place to File Permitted Court Actions. If you opt out of the agreement to arbitrate, if your Dispute is an Excluded Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be subject to the “Forum and Venue” provisions in the “Dispute Resolution” section set forth above.

 

 

Volta Privacy Policy

Last modified: May 28, 2020

The purpose of the Volta Movement is to empower people to take back control of their personal data. So in effect, the whole objective of Volta is to help you maintain your privacy. As a result, we’ve aspired to build our Services with a set of strong privacy principles in mind.

Sinclair Telecommunications LLC (“Sinclair”, “Volta”, the “Volta Movement”, “our”, “we”, or “us”) provides technologies, tools and services to our members that enable them to have more control over their personal data and who gets access to it, including but not limited to encrypting internet traffic, hiding their IP address, messaging, voice and video calling over the internet, and other services to users around the world. Our Privacy Policy helps explain our information practices. For example, we talk about what information we collect and how this affects you. We also explain the steps we take to protect your privacy – like building Volta technologies so that even we do not have access to your personal data, such as your location, internet activity or communications.

This Privacy Policy (“Privacy Policy”) applies to all of our apps, services, features, software, and website (together, “Services”) unless specified otherwise.

Please also read Volta’s Terms of Service (“Terms”), which describes the terms under which you use our Services.

 

Information We Collect

Volta receives or collects information when we operate and provide our Services, including when you install, access, or use our Services.

Information You Provide

  • Your Account Information.You provide your mobile phone number and an email address to create a Volta account. You provide us the phone numbers in your mobile address book on a regular basis, including those of both the users of our Services and your other contacts. You confirm you are authorized to provide us such numbers. You may also add other information to your account, such as a profile name, profile picture, and status message.
  • Your Messages.We do not retain your messages in the ordinary course of providing our Services to you. Once your messages (including your chats, photos, videos, voice messages, files, and share location information) are delivered, they are deleted from our servers. Your messages are stored on your own device. We provide end-to-end encryption for our Volta Secure Communications platform Services, which is always on by default, when you and the people with whom you are communicating use our Volta Secure Communications app. End-to-end encryption means that your messages are encrypted to protect against us and third parties from reading them.
  • Your Connections.To help you organize how you communicate with others, we may create a favorites list of your contacts for you, and you can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information.
  • Customer Support.You may provide us with information related to your use of our Services, including copies of your messages, and how to contact you so we can provide you customer support. For example, you may send us an email with information relating to our app performance or other issues.

Automatically Collected Information

  • Ignorance by Design. Volta designs all of our Services from the outset such that we have no access to your personal data, including your location, online or offline activity, communications, contacts, etc. We believe that your data should remain just that – yours.
  • No Logs Policy. Along with designing our Services so that we do not have access to your personal data, we also have a strict no logs policy. Under this policy, we intentionally do not track any activity by any users of our Services.
  • Consent to Use of Data. During the course of providing Services, especially support, it may become necessary to collect or receive from you technical data and related information, including but not limited to technical information about your mobile device, system and applications software, and peripherals, that is gathered periodically to facilitate provision of software updates, product support and other services to you (if any) related to our Services. We may use this information, as long as it is in a form that does not personally identify you, only to improve our Services offered to you.
  • Transactional Information.If you pay for our Services, we may receive information and confirmations, such as payment receipts, including from app stores or other third party payment processors. We will at all time endeavor to ensure that any personal information provided in order for our website to process payment will be maintained separately from all other account information, such that the only identifiers our staff will have related to your account will be the provided mobile phone number and email address used to register your account with the Volta Movement.
  • We use cookies to on our website in an effort to improve the performance of our website. The data collected by those cookies is always collected in a way that does not allow us to connect the data collected with individual users of our website.
  • Status Information.If you will choose to communicate your status to other users of the Volta Secure Communications app, we will collect information about your online and status in order to share this information with other users. You are under no obligation to choose to share your online status with other users and the default setting for all privacy settings in the Volta Secure Communications app is to not share any information with us or with other users.

Third-Party Information

  • Information Others Provide About You.We receive information other people provide us, which may include information about you. For example, when other users you know use our Services, they may provide your phone number from their mobile address book (just as you may provide theirs), or they may send you a message, send messages to groups to which you belong, or call you.
  • Third-Party Providers.We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply map and places information, process payments, help us understand how people use our Services, and market our Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.
  • Third-Party Services.We allow you to use our Services in connection with third-party services. If you use our Services with such third-party services, we may receive information about you from them; for example, if you use the Volta share button on a news service to share a news article with your Volta contacts, groups, or broadcast lists on our Services, or if you choose to access our Services through a mobile carrier’s or device provider’s promotion of our Services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

 

How We Use Information

We use all the information we have to help us operate, provide, improve, understand, customize, support, and market our Services.

  • Our Services.We operate and provide our Services, including providing customer support, and improving, fixing, and customizing our Services. We understand how people use our Services and analyze and use the information we have to evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We also use your information to respond to you when you contact us. We use cookies to operate, provide, improve, understand, and customize our Services, especially our website.
  • Safety and Security.We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.
  • Communications About Our Services.We may communicate with you about our Services and features and let you know about our terms and policies and other important updates. We may provide you marketing for our Services.
  • No Third-Party Ads.We do not allow third-party ads on any Volta app. We have no intention to introduce them. Volta is fully supported by Member subscriptions and does not accept any advertising of any kind of third parties.
  • Commercial Messaging.We will allow you and third parties, like businesses, to communicate with each other using our Services, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing. For example, you may receive flight status information for upcoming travel, a receipt for something you purchased, or a notification when a delivery will be made. Messages you may receive containing marketing could include an offer for something that might interest you. We do not want you to have a spammy experience; as with all of your messages, you can manage these communications, and we will honor the choices you make.

 

Information You And We Share

You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Services.

  • Account Information.Your phone number, profile name and photo, online status and status message, last seen status, and receipts may be made available to anyone who uses our Services, although you can configure your Services settings to manage what information may be made available to other users.
  • Your Contacts and Others.Users with whom you communicate may store or reshare your information (including your phone number or messages) with others on and off our Services. You can use your Services settings and the block feature in our Services to manage the users of our Services with whom you communicate and certain information you share.
  • Third-Party Providers.We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. When we share information with third-party providers, we use reasonable business efforts to ensure that we do not share any personally identifiable information, and we require these third parties to use your information in accordance with our instructions and terms or with express permission from you.
  • Third-Party Services.When you use third-party services that are integrated with our Services, they may receive information about what you share with them. For example, if you use a data backup service integrated with our Services (such as iCloud or Google Drive), they will receive information about what you share with them. If you interact with a third-party service linked through our Services, you may be providing information directly to such third party. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

 

Assignment, Change Of Control, And Transfer

All of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

Managing Your Information

If you would like to manage, change, limit, or delete your information, we allow you to do that through the following tools:

  • Services Settings.You can change your Services settings to manage certain information available to other users. You can manage your contacts, groups, and broadcast lists, or use our block feature to manage the users with whom you communicate.
  • Changing Your Mobile Phone Number, Email address, Profile Name and Picture, and Status Message.You may change your mobile phone number or email address and transfer your account to your new mobile phone number or email address. You can also change your profile name, profile picture, and status message at any time.
  • Deleting Your Volta Account.You may delete your Volta account at any time (including if you want to revoke your consent to our use of your information) by contacting Volta Support. When you delete your Volta account, any of your information we no longer need to operate and provide our Services to other users will be deleted from our servers. Be mindful that if you only delete our Services from your device without contacting Volta Support, your information may be stored with us for a longer period. Please remember that when you delete your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them.

 

Law And Protection

We may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users, Volta, or others.

Our Global Operations

You agree to our information practices, including the collection, use, processing, and sharing of your information as described in this Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Updates To Our Policy

We may amend or update our Privacy Policy. We may provide you notice of amendments to this Privacy Policy, as appropriate, and update the “Last Modified” date at the top of this Privacy Policy. Your continued use of our Services confirms your acceptance of our Privacy Policy, as amended. If you do not agree to our Privacy Policy, as amended, you must stop using our Services. Please review our Privacy Policy from time to time.

California Consumer Privacy Act

This California Privacy Notice (“Notice”) is for California residents and supplements our Privacy Policy. It explains how we collect, use, and share your Personal Information and how to exercise your rights under the California Consumer Privacy Act of 2018 (“CCPA”).

I. What is Personal Information and what does Volta collect?

For this Notice, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is aggregated, de-identified or information that cannot be reasonably linked to you.

To provide our Services, we must process some information about you, including Personal Information.

Information You Provide

  • Your Account Information.You provide your mobile phone number and email address to create a Volta account. You may also add other information to your account, such as a profile name, profile photos with faces in them if you choose to provide them, and status messages.
  • Your Messages.Your messages are stored on your own device.
  • Your Connections.You can create, join, or get added to groups and broadcast lists.
  • Customer Support.You may provide us with information related to your use of our Services, including copies of your messages or files transferred, and how to contact you so we can provide you customer support.

Automatically Collected Information

  • Ignorance by Design. Volta designs all of our Services from the outset such that we have no access to your personal data, including your location, online or offline activity, communications, contacts, etc. We believe that your data should remain just that – yours.
  • No Logs Policy. Along with designing our Services so that we do not have access to your personal data, we also have a strict no logs policy. Under this policy, we intentionally do not track any activity by any users of our Services.
  • Consent to Use of Data. During the course of providing Services, especially support, it may become necessary to collect or receive from you technical data and related information, including but not limited to technical information about your mobile device, system and applications software, and peripherals, that is gathered periodically to facilitate provision of software updates, product support and other services to you (if any) related to our Services. We may use this information, as long as it is in a form that does not personally identify you, only to improve our Services offered to you.
  • Transactional Information. If you pay for our Services, we may receive information and confirmations, such as payment receipts, including from app stores or other third parties payment processors. We will at all time endeavor to ensure that any personal information provided in order for our website to process payment will be maintained separately from all other account information, such that the only identifiers our staff will have related to your account will be the provided mobile phone number and email address used to register your account with the Volta Movement
  • Status Information. If you will enable us to do so in the Privacy settings of our Services, we collect information about your online and status message changes on our Services, such as whether you are online (your “online status”), when you last used our Services (your “last seen status”), and when you last updated your status message.

Other Sources of Information

  • Information Others Provide About You.We may receive information about you from other users of our Services, such as if they send you a message or call you.
  • Service Providers.We sometimes work with Service Providers, such as when they use research to improve, understand, customize, and market our Services.

To learn more about the specific pieces of Personal Information we collect and the sources of that information, return to our Privacy Policy and see the “Information We Collect” section.

II. How do we use Personal Information?

We use the Personal Information we have to provide and support our Services as described in our Privacy Policy. We use all the information we have to help us operate, provide, improve, understand, customize, support, and market our Services, including providing customer support, investigating suspicious activity or violations of our Terms, communicating with you about our Services, and allowing third parties, like businesses, to communicate with you through our Services.

You can learn more about our business and commercial purposes for collecting Personal Information by visiting the “How We Use Information” section of our Privacy Policy.

III. How is Personal Information shared?

We do not sell your Personal Information, and never will. You share your information as you use and communicate through our Services, and we share your information for business purposes to help us operate, provide, improve, understand, customize, support, and market our Services.

  • Service Providers.Our Service Providers help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our app, provide our infrastructure, delivery, and other systems, supply maps and places information, help us understand how people use our Services, and market our Services. When we share information with our Service Providers, we require them to use your information in accordance with our instructions and terms or with express permission from you.
  • Legal Process Requests.We do not collect your personal information, other than your mobile phone number and email address. We may share your information with law enforcement or other third parties in connection with legal requests, however usually we respond to such requests by informing those authorities that we have no information to share as we design our Services from the outset so that we can not collect such information.

You can learn more about the categories of Personal Information we share for business purposes and the categories of recipients with whom we share it in the “Information You And We Share” section of our Privacy Policy.

IV. How can you exercise your rights under the CCPA?

Under the CCPA, you have the right to access the Personal Information we’ve collected about you during the past 12 months and information about our data practices. You also have the right to request that we delete the Personal Information that we have collected from you.

To request manual access or deletion of your Personal Information, please contact Volta Support.

Please note, for all manual requests, you will need to verify your identity by providing us with the following information:

  • Your full name
  • Your email address
  • Your Volta phone number
  • Your phone model (for example, iPhone 8 or Samsung Galaxy S10)
  • The software version of your phone’s operating system
  • Whether you are a California consumer pursuant to Cal. Civ. Code Sec. 1798.140(g)

If you would like to know the specific pieces of Personal Information that we have collected about you, or to delete your Personal Information, you will need to provide the following additional information to verify your identity:

  • A phone bill or similar proof of ownership of the Volta number

Volta will not be able to respond to your request unless you provide us with all of the above information. You can also designate an authorized agent to make a manual request on your behalf. If you decide to use an authorized agent, please also include written permission that you have designated that agent to make this request, or proof of the agent’s power of attorney. We may also follow-up with you to verify your identity before processing your authorized agent’s request.

Lastly, you have the right to be free from any discrimination for exercising your rights to access or delete your Personal Information. We will not discriminate against you for exercising any of these rights.

If you have additional questions about this Notice or how to exercise your rights under the CCPA, please contact us.

 

Contact Us

If you have questions about our Privacy Policy, please contact us.

The Volta Movement

c/o Sinclair Telecommunications LLC
Privacy Policy
122 N Madison St
Thomasville GA 31792
United States of America

 

THE VOLTA MOVEMENT, THE EU-U.S. PRIVACY SHIELD AND THE SWISS-U.S. PRIVACY SHIELD

Sinclair Telecommunications LLC (“Volta”, “The Volta Movement”, “we”, “our”, “us”) has certified to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework with the U.S. Department of Commerce regarding the collection and processing of personal data from our business partners in the European Union and Switzerland (“Partners”) in connection with the products and services described in the Scope section below and in our certification. To learn more about the Privacy Shield program please visit www.privacyshield.gov.

 

Scope: Volta adheres to the Privacy Shield Principles for the following areas of our business (collectively the “Partner Services”):

  • Volta Business Products: Volta creates apps, services, features, APIs, software, or websites that enable businesses to interact with users of Volta’s products and services (“Business Products”). Partners (the data controllers) may submit personal information about their customers to Volta using Volta’s Business Products. While Partners decide what information to submit, it typically includes things like customer phone numbers and other information under the Partner’s control. For more information, customers may contact the relevant Partner. Volta uses the personal data provided by Partners to provide Business Products in accordance with the terms applicable to the relevant Business Product and otherwise with the Partners’ instructions. Volta works with its Partners to ensure that individuals are offered appropriate choices in accordance with the Privacy Shield Principles.

Access. Within the scope of our authorization to do so, and in accordance with our commitments under Privacy Shield, Volta will work with its Partners to provide individuals access to personal data about them that Volta holds on behalf of its Partners. Volta will also take reasonable steps to enable individuals, either directly or in connection with the Partners, to correct, amend, or delete personal data that is demonstrated to be inaccurate.

Third Parties. Volta may transfer data to third parties, including service providers and other partners. In accordance with the Privacy Shield Principles, Volta is liable for any processing of personal data by such third parties that is inconsistent with the Privacy Shield Principles unless Volta was not responsible for the event giving rise to any alleged damage.

Legal Requests. Personal data that is transferred to us by our Partners may be subject to disclosure pursuant to legal requests or other judicial and government process, such as subpoenas, warrants, or orders. For more information, review the “Law and Protection” section of the Volta Privacy Policy.

Enforcement. Volta’s compliance with the Privacy Shield Principles is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

Questions and Disputes. Please contact us with any questions or concerns relating to our Privacy Shield certification. You have the option to resolve any applicable disputes you have with us in connection with our certification through TrustArc, an alternative dispute resolution provider based in the United States. You can contact TrustArc through their website. In certain circumstances, the Privacy Shield Framework provides the right to invoke binding arbitration to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles. Additionally, as part of the Privacy Shield Framework, the U.S. State Department Senior Coordinator serves as the Ombudsperson to facilitate the processing of requests relating to national security access to data transmitted from the EU or Switzerland to the U.S.

For more information about Volta’s privacy practices please review our Privacy Policy.

 

Intellectual Property Policy: Your Copyrights and Trademarks

Sinclair Telecommunications LLC (“Volta”, the “Volta Movement”, “our,” “we,” or “us”) is committed to helping people and organizations protect their intellectual property rights. Our users agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”). Our Terms do not allow our users to violate someone else’s intellectual property rights when using our Services, including their copyrights and trademarks.

As explained in more detail in our Privacy Policy, we do not retain our users’ messages in the ordinary course of providing our Services. We do, however, host our users’ account information, including our users’ profile picture, profile name, or status message, if they decide to include them as part of their account information.

Copyright

To report copyright infringement and request that Volta remove any infringing content it is hosting (such as a Volta user’s profile picture, profile name, or status message), please email a completed copyright infringement claim to [email protected] (including all of the information listed below). You can also mail a complete copyright infringement claim to Volta’s copyright agent:

 

The Volta Movement
c/o Sinclair Telecommunications LLC

Attn: Volta Copyright Agent
122 N Madison St
Thomasville GA 31792
United States of America

Before you report a claim of copyright infringement, you may want to send a message to the relevant Volta user you believe may be infringing your copyright. You may be able to resolve the issue without contacting Volta.

Trademark

 

To report trademark infringement and request that Volta remove any infringing content it is hosting, please email a complete trademark infringement claim to [email protected] (including all of the information listed below).

Before you report a claim of trademark infringement, you may want to send a message to the relevant Volta user you believe may be infringing your trademark. You may be able to resolve the issue without contacting Volta.

What to include in your copyright or trademark infringement claim to Volta

Please include all of the following information when reporting a copyright or trademark infringement claim to Volta:

  • Your complete contact information (full name, mailing address, and phone number). Note that we regularly provide your contact information, including your name and email address (if provided), the name of your organization or client who owns the rights in question, and the content of your report to the person whose content you are reporting. You may wish to provide a professional or business email address where you can be reached.
  • A description of the copyrighted work or trademark that you claim has been infringed.
  • A description of the content hosted on our Services that you claim infringes your copyright or trademark.
  • Information reasonably sufficient to permit us to locate the material on our Services. The easiest way to do this is by providing us the phone number of the individual who has submitted the infringing content on our Services.
  • A declaration that:
    • You have a good faith belief that use of the copyrighted or trademarked content described above, in the manner you have complained of, is not authorized by the copyright or trademark owner, its agent, or the law;
    • The information in your claim is accurate; and
    • You declare, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed.
  • Your electronic signature or physical signature.

 

Cookies

About cookies

A cookie is a small text file that a website you visit asks your browser to store on your computer or mobile device.

How we use cookies

We use cookies to understand, secure, operate, and provide our Services. For example, we use cookies to provide the Volta Movement website and other Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services.

How to control cookies

You can follow the instructions provided by your browser or device (usually located under “Settings” or “Preferences”) to modify your cookie settings. Please note that if you set your browser or device to disable cookies, certain of our Services may not function properly.

 

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