Terms & Conditions

These terms and conditions are effective from 01 February 2021 (updated since 30 November 2021) 

 

Definitions 

Rainvol services or Rainvol system — is a system provided by Rainvol Inc. that allows system users to get various business functionalities that help them to run their business. 

Service provider or user — Company or person that provides services, rents tools, equipment, apartments etc. and uses Rainvol system to accept and treat bookings online, send promotions, sell products and do other related things that helps them run their service business. 

Clients or service buyer’s — Clients can be any type of person that books a travel experience, apartment, rental or buys a product online with a service provider that has a user account with Rainvol system. This can for example be a travel professional or business owner. 

User account — When a person or company signs up with the Rainvol system, they get a user account with the Rainvol system. This account can be used to register service providers, services, products for rental, create promotions and do other business-related things. 

If you use the Rainvol system or related sites, you agree to that you will not: 

  • violate any laws, third party rights or our policies; 
  • use our sites and services if you are not able to form legally binding contracts, are under the age of 18; 
  • fail to deliver services ordered from you, unless the buyer gets a refund or can get similar or same service at a different time and date agreed by both parties; 
  • interfere with other users’ listings; 
  • post false, inaccurate, misleading, defamatory, libelous content (including personal information) or use the service and site for link building purposes; 
  • take any action that may undermine feedback and/or ratings systems; 
  • distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes; 
  • distribute viruses or any other technologies that may harm any visitors of the site; 
  • harvest or otherwise collect personal information about users, including email addresses without their consent. 
 

 

Acceptable use policy and abuse 

Rainvol system is a solution for service performers, and others that need to accept bookings, sell related services, rent products, apartments, etc. and make promotions to get more bookings. As such the Rainvol service is ONLY intended for such usage and other unrelated usage is forbidden. 

Rainvol system should NOT be used for: 

  • Sending spam 
  • Unsolicited email or SMS 
  • Importing client list that users do NOT own and/or have NOT been gathered legally 
 

The Rainvol booking websites should NOT be used: 

  • to create back links to other pages; 
  • as advertisement for stuff unrelated to services provided by the user; 
  • to collect fees from users without the intention of providing the service. 

Service providers should treat all client data with respect and appropriate privacy. 

Users of the Rainvol system can use intake forms to get additional information from clients. You MUST NOT use the intake form to accept delicate personal or financial information. This information is not stored encrypted on servers like on rest encrypted SOAP data and should it happen that there is a break in into Rainvol servers, this information could be exposed. To accept payments via the booking widget you must use our certified payment provider: Stripe. 

Please report to us problems, policy violations and offensive content. Rainvol wants to ensure that images and information used does not infringe the copyright, trademark, or other intellectual property rights of third parties. Please notify our support with the name of associated page if you are the owner of copyright material used on our sites. We will take necessary action if necessary. 

We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for more than 12 weeks with no login from account owner and/or do not have a valid paid subscription. We reserve rights to modify or discontinue user accounts, that are affecting our system with unusual load, or usage that does not comply with our usage policy. 

We reserve the rights to limit, suspend, or terminate our services and user accounts, prohibit access to any content, sites, services, or tools. We also reserve rights to remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the spirit of our policies. 

We reserve the rights in the case of high volume of bookings to suspend the relevant system momentarily to try to equalize the server load. This can result in some of your users getting a message to try to book again in a few minutes. 

We take no responsibility on the functioning of our booking widgets when inserted on external sites or in other external solutions. We cannot control if it will work or if it will stop working even if it was working before. 

We reserve the right to display Rainvol’s logo within the booking widget on booking sites of system accounts. 

Children and minors under 18 years old are NOT allowed to create system accounts with us. If we find out that such accounts have been created, they will be deleted. If parents find out that their children have created accounts with us, please send us relevant information with proof about the account creator so it can be deleted. 

 

Client purchase protection 

Rainvol does not offer any purchase guarantees concerning client’s payments for online bookings or service purchases or other product purchases from service providers. Rainvol offers service providers a way to sell their services, and buyers, clients, professionals a method to reserve/book these services. Service providers can use our tools to offer their clients to pay for services online. Buyers and service providers share the responsibility for making sure purchases and service orders facilitated by Rainvol are in good spirit, rewarding and hassle-free. 

We encourage buyers to work with sellers before opening a complaint with Rainvol. We take no responsibility for wrongful service orders, services provided by service providers or services not provided by service providers even if they are purchased and paid for. 

It is strongly recommended that buyers inform themselves about the service provider before booking with them and before paying online and for the service providers to make sure buyers are for real. 

 

Fees and subscriptions 

We will charge you a monthly or annual flat fee based on your account plan by charging your payment method in advance for the subscription term you have agreed following your account’s activation. Should you upgrade or downgrade your account plan, your payment method will be charged for your new billing rate. At the time of your upgrade or downgrade, your prior account plan charges will be prorated based on the number of days under the prior account plan. Your payment method will then be charged at your new billing rate for the new subscription term thereafter.  

A monthly fee is also charged based on the total number of texts/SMSs you send through Rainvol system (optional service performed automatically when reporting important events, e.g. for new bookings & cancellations) in the last month. 

Rainvol’s booking engines is commission based, which means we charge you a percentage fee for each booking we process on your behalf based on your account plan. 

Rainvol offers a free limited version of the system. Only bookings fees apply to this version of the system. If a service provider upgrades the service from the limited version provided by Rainvol, relevant subscription fee schedule will apply.  

You can find the pricing tables inside the admin interface of the Rainvol system and on our main site at https://rainvol.com/pricing/experiences/https://rainvol.com/pricing/rentals/ and https://rainvol.com/pricing/accommodations/. 

IMPORTANT: Free system is upgradable to paid system and vice versa, two (2) times per 12 months. Users can still upgrade or downgrade between paid subscriptions. 

All payment obligations are non-cancelable and all amounts paid are non-refundable. The fees do not include any taxes, duties, fees or other amounts assessed or imposed by any government authority, for which you are responsible except for taxes imposed on Rainvol’s income. You agree to pay or reimburse us for all such amounts upon demand, or provide evidence of payment or exemption. All subscriptions are charged in Euros. Conversion rates may vary. 

We reserve the right to change our fees and billing methods. We will notify you of any fees changes by, for example, sending a message to the email address associated with your account, or posting on our Services or website. For existing contracts for which fees have been already received by us, we will implement the price changes during the next renewal period. 

 

Content and Data 

When you upload and register content into the Rainvol system including information about you and your staff, and service providers working at your company or for you, you confirm that you have full rights and permission to publish this information for anyone, anywhere in the world to see. Additionally, you grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to publish this content on your booking website with Rainvol, on the whole Rainvol system (Network of Rainvol sites) and on other partner sites such as but not limited to; our directories, other directories: Facebook, Instagram, LinkedIn, Pinterest, TikTok, Snapchat, Reddit and similar pages where clients can make bookings with you. 

Distribution of this content on directories, partner sites, Facebook, Instagram, LinkedIn, Pinterest, TikTok, Snapchat, Reddit and similar pages is for increased visibility so clients can book directly with you from these places. 

We have no interest in owning your material and this chapter is not intended to give us any such rights but only to make sure we have the rights to make your material appear on our sites, your booking sites with us, and in related directories that allow clients to make reservations/bookings with you and use our services. If you cancel your system with us, your material will be deleted from all our databases as described by our privacy policy (https://rainvol.com/privacy-policy/). Search engines, external sites and Wayback machines, may however still show your material for unknown time after you stop using our services, and how long they display it is not in our hands. 

 

Account, Password and Security 

Once you have created your user account, you are responsible for maintaining the confidentiality of the password and access to your account. You are fully responsible for all activities that occur under your password or account and for compliance with regulatory, legal, and statutory requirements relevant for your industry. For added security, Rainvol offers and recommends users to enable double authentication (2FA). 

Rainvol cannot and will not be liable for any loss or damage arising from your failure to comply with this policy. 

 

Your Conduct 
You agree as follows:  

(i) you and your authorized users will not remove or modify any trademarks, trade names, service marks, service names, logos or brands, or copyright or other proprietary notices on our Services or the documentation, or add any other markings or notices to our Services or the documentation;  

(ii) you and your authorized users will not use our Services or permit our Services to be used to perform any billing or related services for any third party, or otherwise license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party our Services in any way;  

(iii) you and your authorized users will not post, upload or permit our Services to be used to post or upload any Customer Data that infringes the intellectual property rights or other proprietary rights of any third party, is unlawful or contains objectionable material or contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs or cancelbots;  

(iv) you and your authorized users will not use our Services or permit our Services to be used to store, host or send unsolicited email, spam or SMS messages;  

(v) you and your authorized users will not use or permit the use of any software, hardware, application or process that interferes with our Services, interferes with or disrupts servers, systems or networks connected to our Services, or violates the regulations, policies or procedures of such servers, systems or networks, accesses or attempts to access another customer’s accounts, servers, systems or networks without authorization, or harasses or interferes with another customer’s use and enjoyment of our Services;  

(vi) you and your authorized users will not tamper with or breach the security of our Services;  

(vii) you and your authorized users will not modify, port, adapt, translate or create any derivative work based upon, our Services or the documentation; and  

(viii) you and your authorized users will not reverse engineer, decompile, disassemble or otherwise derive or attempt to derive the source code of our Services, except for any non-waivable right to decompile any software in our Services expressly permitted by applicable mandatory law. 

 

Limitation of Liability 

Rainvol is not responsible for yours or other users’ content, actions, or inactions. You acknowledge that our sites are venues to allow anyone to offer their services and for others to make reservations/bookings. We are not involved in the actual transaction between buyers and sellers (service providers). While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the quality, safety, or legality of advertised services, the truth or accuracy of user’s content or listings, the ability of sellers to provide services, the ability of buyers to pay for services. 

We cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools. 

Rainvol may offer you to work with external partners that offer services that can enhance or help you with your business. If you choose to work with Rainvol partners, please be informed of their own terms and conditions and privacy policies. Rainvol takes no responsibility of any incidents that may happen in their systems that may lead to data leak or content distribution. Rainvol is also not responsible if they stop providing their services, or if their service goes down or has any security breach. 

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. 

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of the total fees you paid to us in the 3 weeks prior to the action giving rise to the liability. 

 

Services Level 
It is a top priority to keep our Services operational 24 hours a day, 7 days a week, except for planned downtime for maintenance, upgrades and updates for which we are committed to provide at least 72 hours prior notice, or for unplanned downtime caused by any circumstance beyond our control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, failures in computer, hardware, telecommunications, internet service provider or hosting facilities, power shortages and denial of service attacks.  

Despite our efforts, our Services or any functionality may from time to time encounter technical or other problems and may not continue uninterrupted. We are not responsible for any such problems, interruptions, any ongoing obligation to offer our Services or any functionality, or any damages resulting therefrom.  

We reserve the right to modify, suspend or discontinue all or any part of our Services at any time for any reason without liability to you. 

 

Service provider’s Terms & Conditions and Privacy policy 

You understand that as a service provider with a user account at the Rainvol system you are required to supply your own terms and conditions and privacy policy for your own clients. In “Advanced Options” section of Rainvol system, you will find the “Terms & Conditions” sub-section where you should insert both your terms for usage of your service, as well as your Privacy policy for the personal data of your clients. You should also consider providing your cancellation policy in the relevant section of the Advanced Options section. 

Things you should consider including are for example: 

For Terms & Conditions 

  • Who is allowed to book your service, if there is age limit
  • How you expect payment to be performed
  • What happens if client does not show up, is there refund or not
  • What client can expect from your service
  • What client cannot expect from your service
  • Where are you based
  • Is client expected to show up earlier than planned service time
  • What is your policy concerning product sales, returns, exchanges etc.
  • If minors book services or buy products, how do you handle these cases 
 

For Privacy Policy 

  • How do you handle client’s data
  • How long do you store client’s data
  • Why do you store client’s data
  • Do you allow anyone else to access client’s data
  • What kind of access are others allowed to client’s data 
    – For ads 
    – For some analyzing
    – Etc. 
  • How will you be treating deletion and update requests from your clients
  • What are you doing to protect client’s data (use double authentication, auto deletion of data after predefined time, auto screen lock etc.)
  • What kind of communication can the client expect to come to him because he is registered with you. Will you use promotion system or only general notifications concerning appointment, will he/she be asked for feedback concerning your services, etc. You can make changes on feedback and notification deliveries up as needed inside the Rainvol system
  • What systems are you using to store their data, here you should for example mention Rainvol system, with link to our Privacy policy
  • Who are the personal data protection authorities to contact in your country, if the client has concerns about his/her data
  • How and how quickly will you inform users in case there is break in into your system 
 
 

IMPORTANT. There may be other things that are necessary to include in your Terms & Condition and Privacy Policy. Please get a proper legal opinion what is the right thing for you to include. The above bullet points are just suggestions and cannot be considered legal advice. 

 

Calls and SMS communication 

By providing your work phone number to us or our Network of sites, you provide us with your consent and authorization to contact you including through SMS messages (text messages), calls (also using pre-recorded messages or artificial voice) to provide you with information and offer you assistance regarding the service you have registered for on our site or network of sites. 

Calls and/or SMS messages (including text messages) will only be placed or sent (as applicable) by us between 8 a.m. and 8 p.m. in your time zone. 

You understand standard Call, Text Message Rates may apply depending on your mobile carrier. Charges for calls and/or SMS messages (text messages) can appear on your mobile phone bill or be deducted from your prepaid balance. You agree not to hold Rainvol liable for any calls or fees generated by this service. You approve any such charges from your mobile carrier. 

Please also note that for quality control and/or other purposes, we may listen to and/or record calls between you and our representatives with or without notice to you as permitted by applicable law. 

Consent to these Call and SMS Terms is not a condition of purchase of our subscription or usage of our system free version. You can send us an email to [email protected] and you will be taken off our call list within 24 hours. You can also phone the calling number or inform the caller that you do not want to receive any more calls. Remark that your phone number may still appear on your booking site that we supply you with to accept appointments, reservations or/and bookings, in your booking widget that you can place on your website or in directories such as social media profiles, Google search results, or similar channels making it possible for others to see and call this number. 

 

Support access 

In case service providers contact Rainvol support or buy set-up assistance package, they grant access for support agents to their admin interface in their Rainvol system. If service providers want to restrict access to admin interface for support department, they can enable double authentication. If users want to give Rainvol support access to provide help when Google Authenticator feature is used (2-factor authentication is enabled), they need to especially get and give the relevant support person key for temporary access. 

 

Access and Interference 

Information on the sites is updated on a real-time basis and is proprietary and/or is licensed to Rainvol by our users or third parties. 

You agree that you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; interfere or attempt to interfere with the proper working of the sites, services, or tools, or any activities conducted on or with the sites, services, or tools. 

 

Marketing 
You agree that we may use your name and logo to identify you as a Rainvol customer on our website or in other sales or marketing materials, provided that we will not issue any press release without your prior consent. 

 

No relationship 

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. 

 

Privacy Policy 

We are committed to protecting your privacy. Our Privacy Policy explains how we collect, use and handle your information when you use Rainvol services. You understand that through your use of these services you consent to the collection, use and handling of your information as set forth in Rainvol’s Privacy Policy. 

For a separate description of Rainvol’s Privacy Policy, see here: https://rainvol.com/privacy-policy/. 

 

GDPR 
European privacy regulations 

For European companies or companies outside the EU/EEA that are dealing with personal data of European citizens there is a Processor Controller contract between Rainvol Inc. and you that applies. This contract defines the responsibilities of each party towards the data subjects. By accepting these Terms & Conditions you agree that you have gotten familiar with this contract and accepted those terms. 

 

 

This policy may be changed from time to time. Changes take effect when we post them on the Rainvol site. There will be notification about changes via email to all Rainvol’s users. If you do not agree to a modification, you may terminate your use of Rainvol services or request us to terminate the provision of Rainvol services to you. By continuing to use Rainvol services after the modification comes into effect, you are agreeing to be bound by the modified Terms. When using the Rainvol sites or services you are subject to any posted policies or rules applicable to services you use through the sites. 

 

License 

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, non-assignable, limited license to use our Services that you have ordered and paid for solely for your own internal business purposes only in accordance with these Terms and the applicable Services documentation for the Term (as defined below), unless earlier terminated. You may use our Services documentation solely in connection with your use of our Services. All rights not expressly granted to you in these Terms are reserved by Rainvol and its licensors. All right, title and interest in and to the intellectual property rights in our Services and related documentation and any corrections, derivatives, enhancements, modifications, updates and upgrades to our Services and related documentation, including all intellectual property and other proprietary rights therein, belong solely and exclusively to Rainvol and its licensors. Our Services may include certain third-party components and support services. For any components or services that you use, you agree to comply with the terms and conditions of such third-party providers. 

 

Contact Information 

We may communicate with you via email at the email address associated with your account, or through our Services (e.g., through pop-up messages inside Rainvol system), or our blog or our website regarding your account, system updates or other matters related to our Services and your account. You may opt out of receiving emails from us by terminating our Services. If you have any questions about these Terms, or if you want to contact Rainvol for any reason, please mail us at [email protected]. Your notice must specify your name and your account. Each notice shall be effective upon receipt. 

 

Miscellaneous 

Parties 
We are independent contractors. Nothing in these Terms shall be deemed to constitute a joint venture or partnership between the parties, nor constitute any party as the agent of the other party for any purpose, or entitle any party to commit or bind the other party in any manner. 

Entire Agreement 
These Terms constitute the entire agreement between you and Rainvol regarding its subject matter, and supersedes all prior or contemporaneous, written or oral understandings, communications or agreements (including any prior versions of the Terms of Service) between you and Rainvol regarding such subject matter. These Terms may be altered, supplemented or amended by us as set forth above in the Section entitled “Terms”, and may not be altered, supplemented or amended by you unless agreed in a separate written agreement signed by a Rainvol authorized representative. Any use of your pre-printed forms, such as purchase orders, are for convenience only, and any pre-printed terms and conditions set forth in your pre-printed forms that are in addition to, inconsistent or in conflict with, or different than, these Terms shall be given no force or effect. Neither commencement of performance, nor failure to object to any additional or different terms and conditions from you, nor delivery, by, in each case, Rainvol or a Rainvol affiliated company shall constitute an acceptance of any terms and conditions proposed by you that are in addition to, inconsistent or in conflict with, or different than, these Terms. Any term of these Terms may be waived only by a separate written agreement signed by a Rainvol authorized representative. 

Severability 
If any provision of these Terms is held to be unenforceable, the unenforceable provision shall be replaced by an enforceable provision that comes closest to the parties’ intentions underlying the unenforceable provision, and the remaining provisions of these Terms shall remain in full force and effect. The unenforceability of any provision in any jurisdiction shall not affect the enforceability of such provision in any other jurisdiction. 

Assignment 
Rainvol may assign or transfer these Terms, in whole or in part, to any Rainvol affiliated company or in connection with any acquisition, consolidation, merger, reorganization, transfer of all or substantially all of its assets or other business combination, or by operation of law without your consent and without providing notice. Rainvol may subcontract its obligations hereunder, provided that Rainvol shall at all times remain fully responsible for the performance of any subcontractor. You may not assign or transfer any part of these Terms, or delegate your duties or responsibilities under these Terms, by business combination, operation of law or otherwise without our prior written consent. Subject to the foregoing, these Terms will bind and benefit the parties and their respective successors and permitted assigns. 

Third Party Beneficiaries 
Except as expressly provided in these Terms, nothing in these Terms, express or implied, is intended to confer upon any party other than the parties hereto or their respective successors and permitted assigns any rights or obligations, to enforce these Terms. 

Governing Law; Jurisdiction 
These Terms shall be governed by the laws of Delaware, United States. These Terms shall not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The respective courts of Delaware, United States shall have exclusive jurisdiction for any dispute between the parties, and the parties consent to venue and personal jurisdiction there. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY. Each party shall have the right, at its election, to seek injunctive or other equitable relief in any court of competent jurisdiction to enforce these Terms, which remedy will be cumulative and not exclusive. If any action is pursued to enforce or obtain compliance with these Terms, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which such party may be entitled. 

Export Controls and Sanctions Compliance 
You acknowledge that the Services (including the software and other components of the Services) may be controlled by the laws of one or more countries governing technology use and transfer, including U.S. Export Administration Regulations, and/or may be subject to the sanctions programs of one or more countries. You shall not access, use or transfer the Services or any part of the Services in violation of such laws and sanctions programs. You represent and warrant that you are not, and you are not acting on behalf of, (i) any person who is a citizen, national, or resident of, or any entity registered in, or any person or entity who is controlled by the government of, any country to which the United States or any other government has prohibited export or other transactions, or (ii) any person or entity listed on any denied persons or entities list maintained by the United States or any other government, including lists maintained by the U.S. Office of Foreign Assets Control regarding sanctions programs that it administers, the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, and the U.S. Commerce Department’s Denied Persons List or Entity List. You also represent, warrant and covenant that you shall not permit any person or entity described in the preceding sentence to access or use the Services or any part of the Services, whether in any U.S. embargoed or sanctioned country or otherwise, or any person or entity to access or use the Services or any part of the Services in violation of any U.S. or other export embargoes, sanctions or laws. You agree to comply with all applicable laws regarding the access and use of the Services or any part of the Services by you and your users. Notwithstanding anything in these Terms to the contrary, Rainvol, in its sole discretion, may immediately terminate your access and use of the Services without prior written notice or an opportunity to cure in the event of an actual or threatened breach of this provision. 

 

Warranty Disclaimer 
OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR SERVICES OR ANY PART THEREOF, OR USE THEREOF WILL BE ERROR-FREE, UNINTERRUPTED, SECURE OR VIRUS FREE, WILL MEET YOUR QUALITY AND PERFORMANCE REQUIREMENTS, OR WILL BE CORRECTED FOR ANY DEFECTS WITHIN A STIPULATED PERIOD PURSUANT TO ANY SERVICE LEVEL AGREEMENT. YOU UNDERSTAND THAT IN USING OUR SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES THAT ARE NOT UNDER OUR CONTROL. WE MAKE NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURES. YOU ASSUME THE ENTIRE RISK OF AND SHALL NOT HOLD US RESPONSIBLE FOR ANY ALTERATION, COMPROMISE, CORRUPTION OR LOSS OF CUSTOMER DATA, NOTWITHSTANDING ANY SECURITY OR OTHER MEASURE THAT MAY BE PROVIDED BY US. 

 

Liability Limitation 
EXCEPT FOR YOUR MISAPPROPRIATION OF INTELLECTUAL PROPERTY, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF BUSINESS, GOODWILL, USE OR OTHER ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, OR ANY ALTERATION, COMPROMISE, CORRUPTION OR LOSS OF CUSTOMER DATA) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH OUR SERVICES, THE DOCUMENTATION OR USE THEREOF OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THIS LIABILITY LIMITATION, RAINVOL SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, RAINVOL’S AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE FEES PAID AND PAYABLE BY YOU FOR OUR SERVICES FOR THE SIX MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM FOR SUCH DAMAGE. FOR CLARITY, THE ABOVE LIMITATIONS SHALL NOT LIMIT YOUR PAYMENT OBLIGATIONS TO US FOR OUR SERVICES. No claim against Rainvol may be brought more than 3 (three) months after the facts giving rise to such claim have arisen. This liability limitation forms an essential basis of the bargain between the parties and shall survive and apply even if any remedy specified in these Terms is found to have failed its essential purpose.