Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Vouch ("Vouch," "we," "our," or "us"), governing your access to and use of the website located at getmyvouch.com, including all related sub-domains, features, content, applications, and services (collectively, the "Service"). By creating an account, accessing, or using the Service in any manner, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to all of these Terms, you must not access or use the Service.

2. Eligibility

You must be at least 16 years of age (or the age of digital consent in your jurisdiction, whichever is higher) to use the Service. By using the Service, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into this agreement. If you are using the Service on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms.

3. Description of Service

Vouch provides a platform that enables content creators ("Creators") to build, customize, and publish professional portfolio pages ("Vouch Decks") and enables brands and agencies ("Brands") to discover, evaluate, and shortlist Creators for potential collaborations. The Service includes both free and paid subscription tiers with varying features, as described on our website.

4. Account Registration & Security

• You must provide accurate, complete, and current registration information.
• You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You agree to notify us immediately at support@getmyvouch.com of any unauthorized use of your account or any other security breach.
• We reserve the right to suspend or terminate any account that we reasonably believe has been compromised or is being used in violation of these Terms.

5. User Content & License Grant

5.1 Ownership

You retain all intellectual property rights in any content you submit, post, upload, or display on or through the Service ("User Content"), including but not limited to text, photographs, videos, brand names, logos, testimonials, and portfolio information.

5.2 License to Vouch

By submitting User Content, you grant Vouch a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform such User Content solely for the purposes of (a) operating, maintaining, and improving the Service; (b) promoting the Service (e.g., featuring exemplary portfolios in marketing materials, with your consent where required by law); and (c) enabling Brand users to discover and evaluate Creator profiles as part of the marketplace functionality. This license survives termination of your account only to the extent necessary to complete any pending operations or comply with legal obligations, and is otherwise terminated upon deletion of the applicable User Content or your account.

5.3 Representations

You represent and warrant that: (a) you own or have obtained all necessary rights, licenses, consents, and permissions to submit and license the User Content as described herein; (b) the User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, rights of privacy or publicity, or any applicable law; and (c) all brand names, logos, and third-party content included in your portfolio are used with proper authorization.

6. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Post content that is defamatory, obscene, abusive, threatening, discriminatory, or otherwise objectionable.
• Infringe upon the intellectual property rights, privacy rights, or publicity rights of any third party.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Submit false, misleading, or fabricated testimonials, metrics, or credentials.
• Upload viruses, malware, or any other malicious code.
• Attempt to gain unauthorized access to any portion of the Service, other users' accounts, or any systems or networks connected to the Service.
• Scrape, crawl, or use automated means to access the Service or collect data without our prior written consent.
• Interfere with or disrupt the integrity or performance of the Service.
• Circumvent any usage limits, access controls, or security features of the Service.

7. Subscriptions, Payments & Billing

7.1 Paid Plans

Vouch offers paid subscription plans ("Pro," "Agency," etc.) with enhanced features. Pricing, features, and billing cycles (monthly or annual) are described at the time of purchase and may be updated from time to time. Annual subscriptions are billed in a single upfront payment and are non-refundable except as described below.

7.2 Free Trials

We may offer free trial periods. Unless you cancel before the trial ends, your subscription will automatically convert to a paid plan at the then-current rate.

7.3 Automatic Renewal

All paid subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date through your account settings. You authorize us (via our payment processor, Stripe) to charge the payment method on file for each renewal period.

7.4 Cancellation

You may cancel your subscription at any time through the "Manage Subscription" section in your account settings. Cancellation takes effect at the end of the current billing period; you will retain access to paid features until that date. No partial refunds or pro-rated credits are provided for the remaining portion of a billing period.

7.5 Refund Policy

Refunds are provided at Vouch's sole discretion on a case-by-case basis. To request a refund, contact support@getmyvouch.com within 14 days of the charge in question.

7.6 Price Changes

We may change subscription prices upon 30 days' prior notice. Price changes will take effect at the start of the next billing period following the notice. Your continued use of a paid plan after a price change constitutes acceptance of the new price.

8. Third-Party Platform Integrations

The Service allows you to connect third-party social-media accounts (e.g., Instagram, TikTok) for profile verification and metrics display. By connecting a platform:

• You authorize Vouch to access publicly available profile data and metrics through that platform's API, as described in our Privacy Policy.
• You acknowledge that your use of third-party platforms remains subject to those platforms' own terms of service and privacy policies.
• Vouch is not responsible for the availability, accuracy, or functioning of any third-party platform or API.
• You may disconnect a linked platform at any time, which will immediately revoke our access and delete stored tokens.

9. Intellectual Property

The Service and its original content (excluding User Content), features, functionality, design, trademarks, service marks, logos, and trade names are and shall remain the exclusive property of Vouch and its licensors. The Service is protected by copyright, trademark, trade dress, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, modify, distribute, sell, or lease any part of our Service, nor may you reverse-engineer or attempt to extract the source code of our software, unless applicable law expressly permits such activity notwithstanding this limitation.

10. DMCA / Copyright Policy

We respect the intellectual property rights of others. If you believe that any User Content on the Service infringes your copyright, please submit a notice to our designated agent at legal@getmyvouch.com containing: (a) a description of the copyrighted work; (b) the URL of the infringing material; (c) your contact information; (d) a statement of good-faith belief that the use is unauthorized; (e) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized agent; and (f) your physical or electronic signature. We will respond to valid notices in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512).

11. Termination

11.1 By You

You may terminate your account at any time by deleting it through your account settings or by contacting us at support@getmyvouch.com.

11.2 By Vouch

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice, including for violation of these Terms. In the event of termination for cause, you will not be entitled to any refund of prepaid fees.

11.3 Effect of Termination

Upon termination: (a) your right to access and use the Service ceases immediately; (b) we will delete or anonymize your personal data in accordance with our Privacy Policy; and (c) Sections 5.2, 9, 12, 13, 14, 15, and 16 of these Terms shall survive termination.

12. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. VOUCH SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VOUCH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VOUCH DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, INCLUDING CREATOR METRICS, TESTIMONIALS, OR BRAND INFORMATION DISPLAYED ON THE SERVICE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOUCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY USER CONTENT; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR TRANSMISSIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO VOUCH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

14. Indemnification

You agree to indemnify, defend, and hold harmless Vouch and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your violation of any third party's rights, including intellectual property, privacy, or publicity rights.

15. Dispute Resolution & Governing Law

15.1 Governing Law

These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict-of-law provisions.

15.2 Informal Resolution

Before filing any formal legal proceeding, you agree to first contact us at legal@getmyvouch.com and attempt to resolve the dispute informally for at least 30 days.

15.3 Binding Arbitration

If the dispute is not resolved informally, it shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted in English and take place in the State of Florida (or remotely, at the arbitrator's discretion). The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction. Each party shall bear its own costs, except that filing fees shall be shared equally.

15.4 Class Action Waiver

YOU AND VOUCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Vouch agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

15.5 Exceptions

Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Nothing in this Section limits your right to file a complaint with a government agency (e.g., the FTC).

16. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Vouch regarding the Service and supersede all prior agreements.
• Severability: If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: Vouch shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, riots, government actions, pandemics, or internet/infrastructure failures.
• Notices: We may provide notices to you via email (to the address associated with your account) or through the Service. Notices to us must be sent to legal@getmyvouch.com.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date and provide you with at least 30 days' notice before the revised Terms take effect (via email or a prominent notice in the Service). Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree with the changes, you must stop using the Service and may terminate your account.

18. Contact Us

If you have any questions about these Terms of Service, please contact us at: