TERMS OF SERVICE

Last updated: August 17, 2025

THIS TERMS OF SERVICE (“TERMS OF SERVICE”) IS MADE AND ENTERED INTO BY AND BETWEEN YOU (“USER,” “YOU,” OR “YOUR”) AND VERAVOICE (“VERAVOICE”). THIS TERMS OF SERVICE GOVERNS YOUR USE OF THE SERVICE PROVIDED BY VERAVOICE (“SERVICE”). You and VeraVoice are each also referred to as a "Party" and collectively as the "Parties."

1. LIMITED RIGHT OF ACCESS AND USE.

  1. Grant. Subject to this Terms of Service, VeraVoice hereby grants you, and you hereby accept, a limited, non-exclusive and non-transferable right to electronically access and use the Service solely for one of the following purposes ("Limited Right of Access and Use") (i) for public users (each, a "Public User"), providing feedback on the project for which you are being asked to use the Service, or (ii) for administrative users (each, an "Admin User"), analyzing Public User Data for the entity that employs or engages you to use the Service ("Admin Entity").
  2. Usernames and Passwords. If you are an Admin User, then you will receive a username and password from the Service to access and use the Service. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY AND USE OF YOUR USERNAME AND PASSWORD. You shall immediately notify VeraVoice by e-mail of any actual or suspected unauthorized access to or use of your username, password, and/or account or any other actual or potential security breach involving your username, password, and/or account. VeraVoice may, in VeraVoice's sole discretion and at any time, require you to change a username or password.

2. TERM AND TERMINATION.

  1. Term. The Limited Right of Access and Use is subject to your compliance with this Terms of Service. For Public Users, this Terms of Service will be effective from your first signing into access and use the Service and will continue until the earlier of you have ceased providing information via the Service or this Terms of Service has been terminated by VeraVoice. For Admin Users, this Terms of Service will be effective from your first signing into access and use the Service and will continue until the earlier of this Terms of Service has been terminated by VeraVoice or the agreement ("Admin Agreement") between VeraVoice and the applicable Admin Entity has been terminated.
  2. Termination. VeraVoice may suspend or terminate the Limited Right of Access and Use, without notice, if you materially breach this Terms of Service or if VeraVoice determines, in its sole discretion, to discontinue or cease providing access to the Service. Upon notice to you, VeraVoice may also terminate this Terms of Service if you materially breach this Terms of Service, the Admin Agreement has been terminated, or if VeraVoice determines, in its sole discretion, to discontinue or cease providing access to the Service.
  3. Events Upon Termination. Upon the expiration or earlier termination of this Terms of Service, in addition to any remedy VeraVoice may have, the following will occur automatically and immediately (i) the Limited Right of Access and Use will terminate; and (ii) you shall cease accessing and using the Service.

3. RESTRICTIONS.

You shall not, and shall not cause or permit others to, do or attempt to do any of the following (collectively, the "Restrictions"):

  • access or use the Service, except as specifically set forth in this Terms of Service;
  • access or use the Service in a manner that violates this Terms of Service;
  • access or use the Service in a manner that violates any applicable law, rule, or regulation;
  • allow another person to use your username and/or password;
  • use the Service for another person;
  • assign, sublicense, transfer, or otherwise provide another person with a right to access and/or use the Service;
  • impersonate another person or entity or misrepresent your affiliation with another person or entity;
  • upload, post, e-mail, transmit, or otherwise make available through the Service any content, data, or other information (i) that is false, inaccurate, incomplete, untimely, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or hateful; (ii) for which you do not have a right to make available (publicly or privately); (iii) that infringes any intellectual property right or other proprietary right of any person or entity; or (iv) that contains malware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, interfere with, or otherwise limit the functionality of any computer software, hardware, network, telecommunications equipment, or to otherwise interact with the Service in a manner not permitted;
  • download, copy, publish, modify, tamper with, adapt, translate, reverse engineer, disassemble, decompile, decode, or decrypt the Service or the software that powers the Service;
  • probe, scan, or test the vulnerability of the Service;
  • create derivative works from the Service;
  • use, remove, alter, obscure, translate, combine, supplement, or otherwise change any screen display, patent, copyright or trademark marking, disclaimer, version or release number, or serial number, which is present in, displayed by, or provided in connection with, the Service;
  • act as a service bureau for third parties or act as an outsource agent or outsource provider for third parties, or otherwise utilize the Service for the benefit of any third party;
  • use any information from the Service for purposes of monitoring availability, performance, functionality, or for any other benchmarking or competitive purposes;
  • enable high volume, automated, electronic processes through the Service;
  • use any robot, spider, data miner, crawler, scraper, or other automated means to access or index the Service or content, data or other information associated with the Service;
  • interfere with or disrupt the Service or servers or networks connected to the Service;
  • violate any requirements, procedures, policies, or regulations of networks connected to the Service;
  • interfere with the use of the Service by VeraVoice or other Users of the Service;
  • bypass, breach, or disable any technological safeguard, restricted access, or other protection used by, or in connection with, the Service;
  • stalk or otherwise harass any person or entity through the Service;
  • facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes, and/or any other activity featuring the award of a prize through the Service;
  • use the Service to collect, store, use, share, or otherwise process personal data, personal information, personally identifiable information, or any other information which is related to an identified or identifiable natural person, except as (i) allowed by applicable law, (ii) permitted pursuant to this Terms of Service, and (iii) consistent with the terms of the applicable Admin Agreement; or
  • disclose any information of or provided by VeraVoice or another User, except as needed to use the Service in accordance with this Terms of Service.

4. INTELLECTUAL PROPERTY RIGHTS.

VeraVoice owns all right, title, and interest in and to the Service, as well as the software which powers the Service. Other than the Limited Right of Access and Use, no other rights are granted to you pursuant to this Terms of Use. All other rights related to the Service are hereby reserved by VeraVoice and shall remain owned solely and exclusively in their entirety by VeraVoice. Nothing in this Terms of Service grants you any right of ownership in or to the Service. From time to time, you may provide feedback to VeraVoice regarding the Service, including, without limitation, usability, bug reports, and test results (collectively, the "Feedback"). VeraVoice will own all intellectual property rights, title, and interest in and to the Feedback.

5. DATA.

  1. Survey Data. Non-personal information provided by you in response to survey questions that is collected by VeraVoice through the Service ("Survey Data") is governed by this Terms of Service and VeraVoice's Privacy Policy ("Privacy Policy"). As between you and VeraVoice, you will own your Survey Data; provided, however, you hereby grant VeraVoice a worldwide, royalty-free, perpetual, and irrevocable right and license to use your Survey Data to (i) provide you with access to and use of the Service; and (ii) provide Survey Data to the Admin Entity who is collecting Survey Data through the Service. PLEASE NOTE, DUE TO APPLICABLE PUBLIC RECORD LAWS, ALL DATA PROVIDED BY YOU OR OTHERWISE COLLECTED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, SURVEY DATA, MAY BE SUBJECT TO DISCLOSURE TO THIRD PARTIES.
  2. Personal Information. Personal data, personal information, personally identifiable information, or any other information which is related to an identified or identifiable natural person that is collected by VeraVoice through the Service ("Personal Information") is governed by this Terms of Service and the Privacy Policy. As between you and VeraVoice, you will own your Personal Information; provided, however, you hereby grant VeraVoice a worldwide, royalty-free, perpetual, and irrevocable right and license to use your Personal Information to (i) provide you with access to and use of the Service; and (ii) provide your Personal Information to the Admin Entity who is collecting Survey Data and Personal Information through the Service. PLEASE NOTE, DUE TO APPLICABLE PUBLIC RECORD LAWS, ALL DATA PROVIDED BY YOU OR OTHERWISE COLLECTED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, PERSONAL INFORMATION, MAY BE SUBJECT TO DISCLOSURE TO THIRD PARTIES.
  3. Public User Data. For Admin Users, VeraVoice will collect both Survey Data and Personal Information from Public Users (collectively, "Public User Data") and provide such data to you through the Service. However, VeraVoice is not responsible for any Public User Data or for any use of Public User Data by you, including, without limitation, using the Service to receive or analyze any Public User Data. The accuracy, completeness, and timeliness of all Public User Data is the sole responsibility of the applicable Public User. Although VeraVoice may choose to do so, VeraVoice is not obligated to, monitor, supervise, store, or maintain any Public User Data or respond to complaints relating to Public User Data.
  4. Analytical Data. Non-personal information analytical data about your use of the Service that is collected by VeraVoice through the Service ("Analytical Data") is governed by this Terms of Service and the Privacy Policy. You acknowledge and agree that (i) VeraVoice owns all right, title, and interest in and to the Analytical Data; and (ii) you do not own or have any right in or to the Analytical Data.
  5. Aggregated Data. You hereby acknowledge and agree that VeraVoice may create de-identified and aggregated data from your Personal Information which cannot be used to identify you or any other natural person (collectively, the "Aggregated Data"). You acknowledge and agree that (i) VeraVoice owns all right, title, and interest in and to the Aggregated Data; and (ii) you do not own or have any right in or to the Aggregated Data.
  6. Non-Personal Information. Analytical Data, Aggregated Data, and Survey Data are collectively referred to as "Non-Personal Information" and is governed by this Terms of Service and the Privacy Policy.
  7. Disclosure of Data. In addition to the disclosure of Public User Data to Admin Entities pursuant to the terms of an Admin Agreement, to the extent legally permitted, as determined in the sole discretion of VeraVoice, VeraVoice may access, use, and/or disclose Public User Data to (i) comply with a legal obligation to you; (ii) protect the use of the Service; (iii) protect the rights, property, or safety of Users, VeraVoice, or third parties; (iv) prevent, investigate, or identify possible wrongdoing in connection with the Service; (v) enforce the policies, procedures, and rights of VeraVoice; or (vi) comply with applicable law, including, without limitation, responding to a subpoena or request from law enforcement, court, or a government agency.
  8. Data Disclaimers. While VeraVoice works diligently to collect from Public Users and provide Admin Users with accurate, complete, and timely Public User Data, such data is only as accurate, complete, and timely as the Public User Data provided through the Service by Public Users, as well as the reliability of applicable Internet equipment, networks, and services. Variations in Public User Data may occur due to factors outside the control of VeraVoice, including, without limitation, inaccurate, incomplete, or untimely Public User Data provided by Users through the Service or corruption or delays caused by Internet transmissions. You acknowledge and agree that VeraVoice is not responsible for issues caused by or otherwise related to variations in Public User Data that occur due to factors outside the control of VeraVoice. You are encouraged to use discretion and consider the inherent variability in conditions when analyzing and using Public User Data provided through the Service. By accessing and using the Service, you acknowledge and accept the inherent uncertainties in data and the possibility of delays in delivery and corruption of data that can be caused by Internet transmissions. You shall conduct additional research and analysis with Public User Data as you deem necessary for your purposes, including, without limitation, engaging knowledgeable and experienced professionals to interpret the Public User data. You, and not VeraVoice, incur all risk associated with interpreting and using the Public User Data provided via the Service.

6. FEES.

For Personal Users, there is no charge for your right to access and use the Service pursuant to this Terms of Service. For Admin Users, any fees associated with your right to access and use the Service is set forth in the applicable Admin Agreement.

7. DISCLAIMER OF WARRANTIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS TERMS OF SERVICE, THE SERVICE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VERAVOICE SPECIFICALLY DISCLAIMS AND MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, AND SATISFACTORY QUALITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS TERMS OF SERVICE, VERAVOICE ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, AND TIMELINESS OF THE PUBLIC USER DATA OR THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SERVICE. VERAVOICE DOES NOT WARRANT THAT DEFECTS IN PUBLIC USER DATA WILL BE CORRECTED OR THAT PUBLIC USER DATA WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ORAL OR WRITTEN ADVICE GIVEN BY VERAVOICE OR AN AUTHORIZED REPRESENTATIVE OF VERAVOICE SHALL CREATE A WARRANTY WITH RESPECT TO THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. You acknowledge and agree that this disclaimer of warranties was specifically bargained for and are acceptable to you and that your willingness to agree to this disclaimer of warranties is material to VERAVOICE's decision to enter into this Terms of Service. This disclaimer of warranties will be enforceable to the maximum extent permitted by applicable law.

8. LIMITATION ON LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF VERAVOICE, IF ANY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE, INFRINGEMENT OF ANY THIRD PARTY RIGHTS, PRODUCT LIABILITY, INDEMNITY, SUBROGATION, OR CONTRIBUTION, AND REGARDLESS OF THE LEGAL THEORY, SHALL NOT EXCEED, IN THE AGGREGATE, THE ACTUAL FEES PAID TO VERAVOICE BY YOU WITH RESPECT TO THE SERVICE DURING THE THEN IMMEDIATELY PAST TWELVE (12) MONTHS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCE WILL VERAVOICE BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, FOR COMPENSATION, REIMBURSEMENT, SUBSTITUTE SERVICES, LOSS OF USE, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PRIVACY, LOSS OF DATA, LOSS OF OPPORTUNITY, OR OTHER INTANGIBLE LOSSES (EVEN IF VERAVOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). VERAVOICE ASSUMES NO RISK AND SHALL BE SUBJECT TO NO LIABILITY FOR DAMAGES OR LOSS RESULTING FROM THE SPECIFIC USE OR APPLICATION MADE OF THE PUBLIC USER DATA. You acknowledge and agree that this limitation of liability was specifically bargained for and is acceptable to you and that your willingness to agree to this limitation of liability is material to VERAVOICE's decision to enter into this Terms of Service. This limitation of liability will be enforceable to the maximum extent permitted by applicable law.

9. INDEMNIFICATION.

You shall indemnify, defend and hold VeraVoice and each of VeraVoice's members, managers, officers, directors, employees and other representatives (each, an "Indemnified Party") harmless from and against any and all third party claims, suits, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and court costs (each, a "Claim"), arising out of or relating to your breach of this Terms of Service.

10. GENERAL.

  1. Entire Agreement; Amendment. This Terms of Service, which includes the Privacy Policy (which is hereby incorporated into and made a part of this Terms of Service by this reference), constitutes the entire understanding and agreement between you and VeraVoice with respect to this Terms of Service and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter of this Terms of Service; provided, however, if you are an Admin User, then your right to access and use the Service is also subject to the applicable Admin Agreement.
  2. Amendments and Modifications. This Terms of Service may only be amended, changed, or modified by a document accepted by both you and VeraVoice; provided, however, VeraVoice may update this Terms of Service, including, without limitation, the Privacy Policy, at any time and from time to time by posting such updates to the Service and either providing notice to the last e-mail address on record for you or providing you with notice by other similar means, including, without limitation, providing you with notice upon your next access of the Service. If an update changes how VeraVoice uses your Personal Information or applicable law otherwise requires your consent, then VeraVoice will also seek your consent prior to such update applying to you. Upon providing notice as noted above, updates which do not require your consent will be effective immediately and regardless of whether your consent is obtained.
  3. No Waiver. No waiver of any provision of this Terms of Service or any rights or obligations of any Party under this Terms of Service will be effective, except pursuant to a written instrument signed by the Party or Parties waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
  4. Assignment. The License to Access and Use is personal and you may not assign or transfer the License to Access and Use, this Terms of Service, or any right, interest, or obligation set forth in this Terms of Service, without the prior written consent of VeraVoice.
  5. Binding Effect. This Terms of Service will be binding upon, inure to the benefit of, and be enforceable by the Parties and their successors and permitted assigns. This Terms of Service will not be construed to give any person other than the Parties any legal or equitable right, remedy, or claim under or with respect to this Terms of Service.
  6. Cumulative Remedies. Except as provided in this Terms of Service, no remedy made available to either Party by any of the provisions of this Terms of Service is intended to be exclusive of any other remedy, and each and every remedy will be cumulative and will be in addition to every other remedy given under this Terms of Service or now or hereafter existing at law or in equity or by statute or otherwise.
  7. Governing Law, Venue and Jurisdiction. This Terms of Service shall be governed by, and construed in accordance with, the laws of the State of Florida (without giving effect to principles of conflicts of laws). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For any legal proceeding or equitable action arising out of or otherwise relating to this Terms of Service, the Parties hereby expressly consent to the (i) venue of Miami-Dade County, Florida, and each Party hereby expressly waives any objection to such venue based upon forum non-conveniens or otherwise; and (ii) jurisdiction of the state and/or federal courts in and/or for Miami-Dade County, Florida, USA.
  8. Prevailing Party Attorney's Fees. The prevailing party in any legal proceeding or proceeding seeking injunctive relief arising out of or related to this Terms of Service will be entitled to an award of their reasonable attorney's fees and costs (including, without limitation, all taxable and non-taxable costs, and all fees and costs to determine the amount of fees and costs to be awarded) incurred prior to any such legal proceeding or proceeding seeking injunctive relief, as well as at all levels of trial and appeal.
  9. JURY TRIAL WAIVER. THE PARTIES EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY FOR ANY ACTION OR PROCEEDING ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THIS TERMS OF SERVICE. THE PARTIES EACH, ON THEIR OWN BEHALF (I) CERTIFY THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; AND (II) AGREES THAT IT HAS BEEN INDUCED TO ENTER INTO THIS TERMS OF SERVICE BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS WAIVER OF JURY TRIAL.
  10. Irreparable Harm; Injunctive Relief. The Parties acknowledge that any breach of this Terms of Service will result in irreparable harm to the other Party. Each Party agrees that the other Party will be entitled to seek injunctive relief for any such breach.
  11. Severability. If any provision of this Terms of Service is found invalid or unenforceable pursuant to judicial decree or decision, then the remainder of this Terms of Service will remain valid and enforceable according to its terms.
  12. Independent Contractor Status. The Parties acknowledge and agree that the Parties are independent of each other, and each Party is responsible for its own employees, personnel and taxes. This Terms of Service will not be interpreted as a joint venture or partnership between you and VeraVoice.
  13. Notices. Any notice or other communication required or permitted to be provided pursuant to this Terms of Service shall be given in writing and delivered in person, delivered by a nationally-recognized overnight courier service, or by email to the intended recipient at the address specified below and shall be deemed given upon receipt. Either Party may from time to time change its address by giving the other Party notice of the change in accordance with this section.

    If to VeraVoice: VeraVoice

    Attention: Legal Department

    4055 NW 97th Avenue

    Miami, Florida 33178

    Email: legal@veravoice.com

    If to You: To the address provided when you accept this Terms of Service

  14. Survival. Each of the provisions in Sections 2.C, 3 through 5, and 7 through 10 of this Terms of Service will survive the expiration or earlier termination of this Terms of Service.
  15. Counterparts; Electronic Signature and Version. This Terms of Service may be accepted in multiple counterparts, each of which will be deemed an original and of equal force and effect, and all of which taken together will constitute one and the same instrument. This Terms of Service may be accepted with either a digital signature or via other electronic means. Each Party reserves the right to maintain a copy of the accepted Terms of Service in electronic form only, and each Party hereby agrees that a print-out of such electronic copy of this Terms of Service will be deemed an original for all purposes.