Terms of
Service

The terms for using
Vouch

Stanley Jobs, Inc. aka Vouch.app (“Vouch”)

Last Updated and Effective as of: December 7th, 2023

Please read the below Vouch terms and conditions of service (collectively the “Terms”) carefully before using the Services (as defined below). These Terms govern Your use of the Services. By accessing or using the Services, you agree to comply with and be bound by these Terms and such Terms form the entire agreement between you and Vouch regarding the use of the Services. 

Additionally, by agreeing to comply and be bound by these Terms, you also agree to comply and be bound by the Vouch Privacy Policy, which is incorporated herein by reference to these Terms. Such Privacy Policy describes how Vouch collects, uses, shares and protects your personal information and sets out the policies and procedures on such collection, use and disclosure of your personal information when you use the Services. Additionally, the Privacy Policy informs you about your privacy rights and how the law protects you. Please read the Privacy Policy before accepting these Terms.

If you do not agree with these Terms or the Privacy Policy, you must refrain from using or accessing the Services.

SECTION 25 AND BELOW CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES WITH VOUCH RELATED TO THE SERVICES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU HAVE THE RIGHT TO OPT-OUT OF ARBITRATION AS EXPLAINED IN SECTION 28.

Definitions: 

For the purposes of these Terms: 

  • Account refers to a profile or space specific to a User (as defined below) within the Services provided by Vouch, typically requiring registration and containing personalized information for accessing and utilizing the Services.
  • Applicant is an individual who believes they possess relevant skills or experience and expresses interest in providing these skills to others.
  • Application Store(s) means any digital distribution service operated and developed by third-parties, including but not limited to Apple Inc. (i.e,. Apple App Store) or Google Inc. (i.e., Google Play Store).
  • Account means a unique account created for You (as defined below) to access Vouch Services or parts of Vouch Services.
  • Content refers to text, images, recordings or other media or information that is posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Content Creator is an individual seeking the services of other(s) with specific skills or experience. 
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet which is controlled by You and not Vouch.
  • Feedback means suggestions, innovations or anything else sent by You regarding the attributes, performance or features of the Service.
  • Free Trial refers to a limited period of time that may be free when signing up for a Subscription (as defined below).
  • Platform refers to the website provided by Vouch accessible at (https://on.vouch.app or https://vouch.app);
  • Service or Services refers collectively to the Platform and any other services of Vouch. 
  • Subscription or Premium Subscription refers to a recurring agreement or arrangement, typically involving payment, granting Users access to specific services or content for a defined period.
  • Third-Party or Third-Parties refers to a company, entity, group or individual other than Vouch or Vouch personnel. 
  • Third-Party Service refers to any services or content (including data, information, products or services) provided by a third-party not controlled by Vouch that may be used by Vouch or used, displayed, included or made available by the Service.
  • User(s), You and Your refers to (i) any individual(s) accessing or using the Services, (ii) an entity or proxy on behalf of any entity or individual (and in that case the user represents and warrants that the user is an authorized representative of the entity or individual with the authority to bind the entity to these Terms and the user agrees to these Terms on such user and the entity’s behalf) and (iii) any Content Creator or Applicant.
  1. Description of Service: 

Vouch Services are designed to assist: 

  1. Content Creators looking to connect with Applicants who may provide certain services (e.g., video editing) to such Content Creators;
  2. Content Creators to post Content intended to inform Applicants of the type(s) of work opportunities, hiring needs, or related services needed by such Content Creators; 
  3. Applicants to present Content showcasing skill(s) of such Applicants that may be relevant to Content Creators (e.g., video editing, thumbnail designers, creative strategists, etc.); 
  4. Content Creators and Applicants to connect in order to allow Content Creators and Applicants to discuss and potentially enter into an agreement by and between the Users. 

Certain aspects of the Services may only be available on a Premium Subscription and only to Users who meet certain criteria (both as indicated and determined by Vouch in its sole-discretion): 

As part of the Services, Vouch may: 

  1. Review and evaluate information provided by Users;
  2. Elect to sort and display certain Users and/or Content on Service;   
  3. Elect to put certain Content Creators in contact with certain Applicants; and 
  4. Provide certain information to certain Users (i.e., certain Premium Subscription Users) in order to assist such Users in evaluating potential agreement(s). This may include, but is not limited to, sharing Your Anonymized Data (as set out in the Privacy Policy). 

As part of the Services and to the extent applicable, Vouch will evaluate Users based on standards and practices determined solely by Vouch, but in no event does Vouch make decisions on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, marital status, or any other protected class recognized by applicable laws.

  1. Limitations of Service:

Vouch is not a party to any negotiations or hiring process that result from the Services. 

  1. Independent Negotiations: In the event Users decide to negotiate to enter into an agreement or contract, that decision is entirely in the full-discretion of such Users.
  2. Exclusive Responsibility: Any promises, commitments, or representations made by Users, including but not limited to payment amounts, retainer fees, signing bonuses, relevant skills or experience or other terms of engagement, are the sole responsibility of the respective User.
  3. Vouch Non-Enforcement: Vouch does not enforce, guarantee, or participate in the fulfillment of any promises, guarantees, offers or any other commitments made by Users.
  4. No Offer by Vouch: Vouch is not a party to any offers whether made through Content, Third-Party Services, or during the negotiation or hiring process. In no event will a promise, guarantee, offer or any other commitment made by a User by deemed to be made by or to bind Vouch to any such promise, guarantee, offer or commitment.
  5. User Awareness: Users are advised to exercise due diligence, conduct negotiations responsibly, and enter into agreements at their own sole discretion and risk. Vouch does not verify User statements and therefore Vouch makes no representations or guarantees whatsoever that such Users have any particular level of skill, experience or other attributes. Vouch strongly advises Users to seek legal counsel for negotiation purposes with other Users, and in the absence of doing so, such Users voluntarily agree to proceed without legal representation.
  6. No Guarantee: Vouch does not guarantee Users access to any aspects of the Service, nor does Vouch guarantee placement on Service of any Content.  
  7. Release of Liability: By using the Services, Users acknowledge that Vouch is not responsible for, and shall not be held liable for, any claims arising out of or in connection with negotiations, promises, agreements, contracts, commitments or any other dealings made by or between Users. Users hereby agree to release, defend and indemnify Vouch from any and all such claims.
  1. Modification of Service: Vouch reserves the right to make changes, modifications, or updates to the Service at any time and without prior notice to Users. Users expressly acknowledge that the existence of a particular feature does not guarantee its continued existence within the Service. Users further recognize and accept that certain features may experience periods of inoperability, and there is no guarantee that all features will function on User Devices due to device-specific factors, browser compatibility, User location, or the overall design of the Services of Vouch. Vouch may test or make certain beta features available from time to time. Your use of any beta feature is voluntary and You acknowledge that by using such beta feature, Your Content and Account may be affected such that You cannot revert back to prior non-beta Content or Account. 
  1. Feedback: Any Feedback provided by Users to Vouch, including suggestions, improvements, bug reports, or fixes related to the Services, is given voluntarily by such User and without expectation of compensation, credit, or obligation from Vouch and becomes the sole and exclusive property of Vouch. You hereby assign to Vouch any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right, including any extensions thereto) that You may have in and to any and all Feedback. Vouch retains the right to use, implement, or incorporate such feedback without granting any User any right, title or interest in the Services or any additional commitments to the User and the results of such feedback shall be the sole property of Vouch. 
  1. User Eligibility: You must be at least 18 years old to use the Services and of the age of majority to work in Your jurisdiction. As set out in the Vouch Privacy Policy, Vouch does not collect personal information from any person under the age of 18. Users are strictly forbidden and not allowed to give Vouch the personal information of any persons under the age of 18 for any reason whatsoever. 
  1. Rights to Use the Service: Vouch grants You permission to use the Services solely for Your personal use, contingent upon Your adherence to these Terms. If any software, content, or other materials owned or controlled by Vouch are provided to You as part of Your authorized use of the Service, then, subject to the Terms herein, Vouch provides You with a personal, non-assignable, non-sublicensable, non-transferable, non-exclusive right and license to use, download (if available), execute, and display such software, content, and materials for the sole purpose of enabling You to use the Services as allowed by these Terms. Vouch may revoke such permission at any time in its sole-discretion. 
  1. Restrictions on Your Use of the Services: Vouch reserves the right to revoke Your access to the Service at any time and in the sole-discretion of Vouch. Notwithstanding the foregoing, You may not do any of the following in connection with Your use of the Services (as determined in the sole-discretion of Vouch), unless applicable laws or regulations prohibit these restrictions or You have written permission by Vouch to do so. You may not:
  1. Violate the Content Guidelines as set out in these Terms;
  2. Use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
  3. Except as expressly permitted in these Terms, download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information obtained from or through the Services.
  4. Attempt or actually duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm);
  5. Modify or make use of the Services in any way that allows the use of or actually use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to establish Accounts or perform any transaction on the Services;
  6. Utilize or engage with the Services in a way that may disable, overburden, damage, disrupt, or impair the Services, or interfere with the access and usage of the Services by any other party, or deploy any device, software, or routine that induces such effects;
  7. Attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, Accounts registered to other Users, or the computer systems or networks connected to the Services;
  8. Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
  9. Use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
  10. attempt to or actually introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into Vouch systems;
  11. Employ the Services for illegal, harassing, unethical, or disruptive purposes, or engage in any activity that is fraudulent, deceptive, threatening, defamatory, obscene, hateful, or otherwise objectionable. Additionally, You may not use the Services in a manner that may pose a risk of harm, damage, or liability to Vouch or Vouch Entities (as defined below), including but not limited to reputational risks, data loss, or harm to the Services or third-parties.
  12. Violate any applicable law or regulation in connection with Your access to or use of the Services; or
  13. Access or use the Services in any way not expressly permitted by these Terms.
  1. Account Creation and Usernames:
  1. Account Requirement: Vouch may require Users to create an Account to access and use the Service.
  2. Accuracy of Information: You agree to provide accurate, truthful, and up-to-date information when creating Your Account.
  3. Usernames: You may be asked to create a username for Your Account. Your chosen username must not give the appearance that You are another person or entity.
  4. Vouch’s Right to Change Usernames: Vouch reserves the right to change Your username for any reason, at any time, without prior notice.
  5. User Cooperation: Users agree to cooperate with Vouch in promptly changing their username or Account information, which Vouch may request for any reason, at any time, without prior notice.
  6. Security: You are responsible for maintaining the confidentiality of Your Account information, including Your username and password. Vouch strongly advises Users to maximize their Account security by using a robust password with a diverse range of characters to the fullest extent possible. Vouch is not liable for any acts or omissions by You in connection with Your Account, and Vouch is not liable for any loss as a result of Your Account being compromised. If You know or have any reason to suspect that Your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of Your Account, You must immediately notify Vouch at help@vouch.app.
  7. Backups: Vouch does not make any guarantee that there will be no loss or corruption of data and Vouch recommends that You keep backups of Your Content on Your Device.
  1. Content Guidelines: 

Vouch is not responsible for the Content posted by Users on the Service. 

  1. User Responsibility: You are solely responsible for the Content You post and all activities under Your Account.
  2. Prohibited Content: You may not transmit any Content that is unlawful, offensive, threatening, defamatory, infringes any right (copyright or otherwise ) of another person or entity or is otherwise objectionable or in violation of the below (which Vouch shall determine in its sole discretion). Examples of “Prohibited Content” include, but are not limited to Content that is:
  1. Unlawful or promoting unlawful activity;
  2. Incorrect or misleading;
  3. Defamatory, discriminatory, or mean-spirited content based on religion, race, sexual orientation, gender, national/ethnic origin, or other groups;
  4. Spam, unauthorized advertising, chain letters, or any form of solicitation not appropriate for the Service;
  5. Content containing viruses, malware, or any disruptive elements;
  6. Infringement on proprietary rights, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
  7. Impersonation of any person or entity, including Vouch and its representatives; 
  8. Violation of the privacy of any third person; and/or
  9. False information and features.
  1. Rights of Vouch: Vouch reserves the right, at its sole and absolute discretion, to determine the appropriateness of any Content and its compliance with the Terms, including but not limited to whether Content is considered Prohibited Content. Vouch can refuse or remove Content, make formatting and edits, and change the manner of any Content. Vouch may limit or revoke the use of the Service if Content is posted in violation of the Terms. In addition to the unfettered rights of Vouch to moderate and remove Content, You acknowledge that repeat violations may result in the suspension or permanent termination of Your Account.
  2. User Acknowledgment: As Vouch cannot control all Content posted by Users, You agree to use the Service at Your own risk. You may be exposed to offensive, indecent, incorrect, or objectionable content, and Vouch is not liable for any such Content or its consequences.
  3. Limitation of Liability: Vouch will not be liable for any errors or omissions in any Content or any loss or damage incurred due to Your use of any Content on the Service.
  1. Content Ownership and License: In regards to any Content You post, You grant Vouch a universal, freely transferable, non-exclusive, royalty-free license in perpetuity to use, display, edit, modify and distribute Your Content, in addition to Your name and likeness. You represent and warrant that You have the necessary rights to grant this license and that Your Content shall not contain any material subject to copyright or other property rights of a third-party, unless You have the necessary permission or are otherwise legally entitled to such material and to grant Vouch the license described herein. Nothing herein or otherwise in these Terms shall obligate Vouch to post any Content on the Services. Notwithstanding the foregoing, You do not own Your Account. Notwithstanding the foregoing, to the extent You post Content through a Third-Party Service, such Content is subject to the applicable terms of such Third-Party Service.
  1. Notice of Infringement – DMCA Policy: If You believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright or other intellectual property infringement, You may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
  1. identification of the copyrighted work or other intellectual property that is claimed to be infringed;
  2. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;
  3. information for our copyright agent to contact You, such as an address, telephone number and e-mail address;
  4. a statement that You have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright (or other applicable intellectual property) owners, its agent or the law;
  5. a statement that the information above is accurate, and under penalty of perjury, that You are the copyright (or other applicable intellectual property) owner or the authorized person to act on behalf of the copyright (or other applicable intellectual property) owner; and
  6. the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright (or other applicable intellectual property) or of an exclusive right that is allegedly infringed.

Notices of copyright (or other applicable intellectual property) infringement claims should be sent by mail to: Vouch Media, 7731 Kiva Drive, Austin, Texas 78759; or by e-mail to help@vouch.app

It is Vouch policy, in appropriate circumstances and at Vouch discretion, to disable or terminate the Accounts of Users who repeatedly infringe copyrights or other intellectual property rights of others.

A User of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When Vouch receives a counter-notification, Vouch may reinstate the posts or material in question, in the sole discretion of Vouch. To file a counter-notification with Vouch, You must provide a written communication (by regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that You will be liable for damages if You materially misrepresent that Content or an activity is not infringing the copyrights of others.

  1. Privacy Policy: As set out above, by agreeing to comply and be bound by these Terms, You also agree to comply and be bound by the Vouch Privacy Policy, which is incorporated herein to these Terms by reference. 
  1. Information Collection: Such Privacy Policy describes how Vouch collects, uses, shares and protects Your personal information and sets out the policies and procedures on such collection, use and disclosure of Your personal information when You use the Services. Additionally, the Privacy Policy informs You about Your privacy rights and how the law protects You. Please read the Privacy Policy before accepting the Terms.
  2. Third-Party Services: Vouch may integrate Third-Party Services, including social media Third-Party Service(s), and Your use of such services is subject to their respective terms and privacy policies.
  3. Application Stores: Vouch may make Services available through Application Stores. Your use of such Application Stores is subject to their respective terms and privacy policies.
  1. Vouch Property: All Vouch property, including but not limited to, intellectual property associated with the Services, including but not limited to the name, logo, Platform designs, content posted by Vouch and trademarks, is the exclusive property of Vouch. Vouch reserves and retains all rights, title, and interest in and to Vouch property.
  1. Use Restrictions: The name, logo, and other property of Vouch may not be used, reproduced, or modified without the prior written permission of Vouch.
  2. Unauthorized Use: Any unauthorized use of Vouch property (intellectual or otherwise) is strictly prohibited and may result in legal action.
  3. Enforcement: Vouch reserves the right to enforce its property rights to the fullest extent permitted by law. Neither failure nor delay on the part of Vouch to exercise any right remedy, power or privilege hereunder nor course of dealing between Vouch and You will operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege of Vouch.
  4. Reservation of Rights: Vouch reserves all rights in connection with the Services and its content, including without limitation, the exclusive right to create derivative works. 
  1. Subscriptions: 
  1. Subscription Period: The Services or some parts of the Services are available only with a paid Subscription or Premium Subscription. If You elect for such Subscription or Premium Subscription, Vouch will bill You in advance of access to such Subscription or Premium Subscription and on an on-going and recurring basis (e.g., daily, weekly, monthly, or annually) based on the selected Subscription or Premium Subscription plan. Your Subscription or Premium Subscription will renew automatically unless canceled by You or Vouch. You may be required to execute an additional agreement with Vouch pertaining to such Subscription or Premium Subscription. 
  2. Subscription Cancellations: You may cancel Your subscription by contacting Vouch. In such event, You will not receive a refund for fees already paid in the current subscription period and You will continue to have Subscription or Premium Subscription (as applicable) access until the end of the current subscription period.
  3. Billing: Users are required to provide accurate and complete billing information, including full name, address, state, zip code, telephone number, and a valid payment method. In the event Vouch is unable to bill You automatically, Vouch will send You an electronic invoice for manual payment within a specified deadline. You represent and warrant that You have the legal right to use the payment method, including but not limited to credit card, that You provide to Vouch for such billing purposes. Vouch may use a Third-Party Service to fulfill such charge. In such event, You may be required to agree to such Third-Party Service’s terms and conditions (including a Third-Party Service privacy policy) and You may be required to create an account with such Third-Party Service or platform in order to process such payment. Such Third-Party Service may charge an additional fee or surcharge and in such case, You are responsible to pay such additional fee or surcharge. Unless otherwise noted, all currency is in U.S. Dollars. 
  4. No Liability: Vouch is in no way labile to You or any Third-Party for any claims or damages that may arise as a result of any payments or transactions You carry out.
  5. Fee Changes: Vouch may modify Subscription fees at any time and its sole discretion. In such case, Users will receive notice of fee changes, allowing them to terminate the Subscription or Premium Subscription before the change takes effect. By continuing to use the Subscription or Premium Subscription after the fee change is deemed to be Your agreement to pay the modified amount.
  6. Refunds: Except as required by law, paid Subscription or Premium Subscription fees are non-refundable. Refund requests for Subscriptions or Premium Subscription shall be considered by Vouch on a case-by-case basis.
  7. Free Trial: Vouch may offer a Free Trail of an otherwise paid Subscription or Premium Subscription. Such Free Trail is offered at the sole-discretion of Vouch for a limited period as determined by Vouch. Vouch may require Your billing information in order to access such Free Trail and Vouch shall automatically charge You for the Subscription or Premium Subscription on the last day of the Free Trial period unless the Subscription or Premium Subscription is canceled by You or Vouch. Vouch reserves the right to modify or cancel Free Trial offers without notice. You may be required to execute an additional agreement with Vouch pertaining to Free Trial. 
  8. Premium Subscription: Vouch, in its sole discretion, may make certain aspects or parts of the Service available only with a paid Premium Subscription. For clarity, if You elect for such Premium Subscription, Vouch will bill You in advance of access to such Premium Subscription and on an on-going and recurring basis (e.g., daily, weekly, monthly, or annually) based on the selected Premium Subscription plan. Your Premium Subscription will renew automatically unless canceled by You or Vouch. For clarity, the foregoing sections (14(b) – 14(g)) shall apply to such Premium Subscriptions. 
  9. Rights of Vouch: Vouch reserves the right, at its sole discretion and at any time, to modify, cancel, terminate, or make any changes to any Subscription, Premium Subscription or Free Trail plan. Such changes may include, but are not limited to, adjustments in subscription fees, features, or the overall structure of the plans. Vouch will provide users with reasonable prior notice of any material modifications or material changes to plans, and the modified terms will become effective at the end of the then-current subscription period. Users acknowledge and agree that Vouch holds the authority to exercise these rights and that continued use of the Service after such changes constitute acceptance of the modified subscription terms.
  1. Notices and Notifications: As part of the Services, You may be invited to sign up for notifications and notices. If You choose to do so, any associated costs (e.g., text messages or data) are Your sole responsibility. Notifications may be delivered through push notifications, SMS messages, emails, phone calls or other means. You retain the option to opt out of such notifications and notices at any time. Please note that You cannot opt out of receiving security, legal and related messages.
  1. Third-Party Service: As part of the Service and as a convenience to You, Vouch may display, include, or make available materials from Third-Party Service(s) and Vouch may provide links to certain websites, apps or related controlled by such Third-Party Service. By using the Services, You acknowledge and agree that Vouch is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Service. Vouch does not warrant or endorse and does not assume any liability or responsibility for any Third-Party Service(s), including but not limited to, the websites, apps, materials, products, or any services of such Third-Party Service.
  1. Termination:
  1. Termination by Vouch: Vouch reserves the right to terminate or suspend Your Account at the sole discretion of Vouch, without notice, for any reason, including a violation of these Terms.
  2. User Termination: You may terminate Your Account at any time by following the provided instructions on the Platform.
  1. Changes to these Terms: Vouch may update these Terms and the Privacy Policy from time to time and any changes will be in effect as of the Last Updated and Effective date referred to at the top of this page or that on the Privacy Policy page. In the event of material changes to the Terms or Privacy Policy, Vouch will attempt to notify You, which Vouch may do by placing a prominent notice on the first page of the Platform. It is Your responsibility to read these Terms and Privacy Policy from time-to-time for updates and changes. The continued use of the Services by You after such notice shall constitute acceptance of the updated Terms and Privacy Policy. If You do not consent to such changes, You shall immediately terminate Your Account and cease any and all use of the Services. 
  1. Vouch Disclaimer: 
  1. You acknowledge that Your use of the Service is done solely at Your own risk. You further understand and agree that the Services are provided by Vouch to You on an “AS IS” and “AS AVAILABLE” basis and that the Service may be disrupted for various reasons, including updates, malfunction, force-majeure, maintenance or repairs, or other actions that Vouch, at its sole discretion, may choose to undertake. You further acknowledge that use of the Service could cause failure, corruption or loss of data or info on Your Device and that Vouch is in no way liable or responsible in such an event. 
  2. Without limiting the foregoing, to the maximum extent permitted under applicable law, Vouch, its parents, officers, directors, employees, agents, representatives, partners and licensors (the “the Vouch Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 
  3. Vouch provides no warranty or representation and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or Content; (ii) any harm to Your Device, including data loss, resulting from Your access to or use of the Services; (iii) the operation or compatibility of the Services with other applications, systems, or Devices; (iv) whether the Services will meet Your requirements or be available on an uninterrupted, secure, or error-free basis; (v) the deletion of, or failure to store or transmit Your Content and other communications within the Services; and (vi) all interactions (whether contractual or otherwise) with other Users. No advice or information obtained from the Vouch Entities or through the Services, whether oral or written, creates any warranty or representation not expressly stated herein.
  1. Limitations of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE VOUCH ENTITIES BE LIABLE FOR: (A) DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES, WHETHER CAUSED UNDER THESE TERMS OR OTHERWISE, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE), EVEN IF THE VOUCH ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; OR (B) ANY OTHER CLAIM, DEMAND, OR DAMAGES RESULTING FROM OR ARISING OUT OF THESE TERMS OR THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE VOUCH ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID THE VOUCH ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY EVEN IF THE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  1. Indemnification: By accepting these Terms and utilizing the Services, You agree to defend, indemnify, and exempt the Vouch Entities from any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) incurred by the Vouch Entities in connection with: (a) Your violation or breach of any term within these Terms or any applicable law or regulation; (b) Your infringement upon the rights of any third-party; (c) Your improper use of the Services or any Third-Party IP; (d) Your Content;  (e) Your negligence or misconduct; and (f) any disputes that arise between You and another User.
  1. Assumption of Risks: By using the Services, You acknowledge and agree that Your participation is entirely at Your own risk. This includes, but is not limited to, communication with other Users and engagement in any business dealings or interactions with such Users. Vouch assumes no responsibility or liability for the consequences of these interactions, and You bear full responsibility for any risks involved in Your use of the Service.
  1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located within the State of Texas (Austin), and each party consents to the personal jurisdiction and venue of such courts.
  1. Informal Process First: In the event of any dispute between You and the Vouch Entities, You commit to initially contacting Vouch and diligently attempting to resolve the dispute in good faith before considering more formal resolution methods.
  1. Dispute Resolution: After the foregoing informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) against Vouch or Vouch Entities and/or relating in any way to Your use of the Services or these Terms, including its formation, interpretation, breach, termination, or validity, shall be resolved by binding arbitration in accordance with JAMS under its Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards conducted in English (together, the “JAMS Rules”). The arbitration shall take place in Austin, Texas, and shall be conducted by a single arbitrator appointed in accordance with the said rules. The decision of the arbitrator shall be final and binding upon the parties, and judgment may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and expenses, including legal fees, associated with the arbitration proceedings. Notwithstanding the foregoing, either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending the conclusion of the arbitration. You have a right to have the arbitration conducted via telephone or videoconference, or as an in-person hearing in Your hometown area (if You live in the United States) or another location that is reasonably convenient to You. This arbitration agreement shall survive the termination of Your relationship with Vouch.
  1. Waiver of Class Actions and Class Arbitrations: Both You and Vouch acknowledge that any Claims brought against the other party will be pursued only on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding, including federal or state class actions, or class arbitrations. In accordance with the arbitration procedures specified above, an arbitrator shall not consolidate or combine more than one party's claims without the written consent of all affected parties involved in an arbitration proceeding. To emphasize, no dispute will proceed through class arbitration without the written consent of all parties affected, in line with the foregoing terms.
  1. Costs of Arbitration: Payment for any and all reasonable JAMS filings, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of Your claim does not exceed $10,000, Vouch will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of Your claim or the relief sought was frivolous or brought for an improper purpose, except that if You have initiated the arbitration claim, You will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by You. You are still responsible for all additional costs that You incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
  1. Opt-Out: You have the right to opt-out and not be bound by the arbitration and waiver of class provisions set forth in these Terms by sending written notice of Your decision to opt-out to help@vouch.app or to the U.S. mailing address below in the “How to Contact Us” section of these Terms. The notice must be sent to Vouch within thirty (30) days of Your registering to use the Services or agreeing to these Terms (or if section pertaining to arbitration, is materially amended hereafter, within 30 days of such amendment being effective), otherwise You shall be bound to arbitrate disputes in accordance with these Terms, and the notice must specify Your name and mailing address. If You opt-out of these arbitration provisions, Vouch will also not be bound by them.
  1. Small Claims: Notwithstanding anything in these Terms to the contrary, You may instead assert Your Claim in “small claims” court, but only if Your Claim qualifies, Your Claim remains only in such court, and Your Claim remains on an individual, non-representative and non-class basis. 
  1. Injunctive Relief: You agree that a breach of these Terms will cause irreparable injury to Vouch for which monetary damages would not be an adequate remedy and Vouch shall be entitled to equitable relief, including but not limited to an action for injunction, in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages. You agree to waive Your right to injunctive relief. 
  1. California Residents: If You are a California resident, in accordance with Cal. Civ. Code § 1789.3, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
  1. U.S. Government Restricted Rights: The Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end Users pursuant to the terms and conditions herein.
  1. Export Laws: You agree that You will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by Vouch hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List, or (c) as otherwise prohibited by applicable law. By using the Services, You represent and warrant that You are not located in any such country or on any such list. You are responsible for and hereby agree to comply at Your sole expense with all applicable export laws and regulations.
  1. Miscellaneous: If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, and any part of the Services, and the licenses granted hereunder may be assigned or transferred by Vouch but may not be assigned by You without the prior express written consent of Vouch. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The Services are operated by Vouch in the United States only. These Terms are governed by the JAMS Rules and the laws of the State of Texas, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth above, or if arbitration does not apply, unless prohibited by law, the state and federal courts located in the County of Austin, Texas. You and Vouch agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to (a) the interpretation or construction of these Terms, and (b) to any transactions to which these Terms apply.
  1. Attributions: Notwithstanding anything contained herein, Vouch utilizes: the Dazzle Line Icons set as authored by Dazzle UI and licensed under the Creative Commons Attribution License. 
  2. Headings: The headings of paragraphs, sections, or other subdivisions of these Terms are for convenience only and will be given no substantive meaning in the interpretation or construction of these Terms.

Contact Vouch

If You have any questions about these Terms, You can contact Vouch at:

  • By email: help@vouch.app
  • By mail: Vouch Media, 7731 Kiva Drive, Austin, Texas 78759.