These Terms of Service (“Terms”) govern your access to and use of the Vouch website, platform, and AI reference-checking services provided by Staffify, LLC. By registering for an account or using the Service, you (“Customer”, “you”) agree to be bound by these Terms.
01Description of Service
Vouch is a B2B Software-as-a-Service (SaaS) platform that utilizes artificial intelligence (AI) voice agents to conduct outbound telephone reference checks on behalf of employers and recruiters. The Service collects reference contact information, conducts automated interviews, transcribes the audio, and generates structured “Trust Reports.”
02Customer Responsibilities & Compliance
A. Legal Use of the Service
You agree to use the Service only for lawful employment and recruitment purposes. You are strictly prohibited from using the Service to harass, spam, or deceive any individual.
B. Consent to Contact References
You represent and warrant that you have obtained all necessary consents, authorizations, and permissions from job candidates to contact their provided references. You further warrant that the contact information provided for references is accurate and that contacting them will not violate any applicable laws or regulations.
C. FCRA and Employment Law Compliance
Staffify, LLC is not a Consumer Reporting Agency (CRA) under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) (“FCRA”). The data provided through Vouch does not constitute a “Consumer Report.”
You acknowledge and agree that:
- You will not use Vouch as the sole basis for making an adverse employment decision.
- You are solely responsible for your own compliance with the FCRA, Title VII of the Civil Rights Act, Equal Employment Opportunity Commission (EEOC) guidelines, and all applicable federal, state, and local employment laws.
03Call Recording & Telecommunications Laws
The Service utilizes AI to record and transcribe telephone conversations.
- Vera, Vouch’s AI voice agent, discloses at the beginning of every call that she is AI and that the call is being recorded.
- You agree not to attempt to bypass, disable, or alter this required disclosure.
- You are responsible for ensuring that your use of the Service complies with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), and all applicable state laws regarding call recording and two-party consent.
04Subscription, Billing, and Payments
A. Fees
The Service is offered on a subscription basis (monthly or annually) with usage-based overage fees for reference checks exceeding your plan’s allotted limit. Current pricing is available on our website.
B. Payment Terms
By providing a payment method, you authorize Staffify, LLC (via our payment processor, Stripe) to charge your subscription fees and any applicable overage fees automatically at the end of your billing cycle.
C. Cancellation
You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current paid billing period. We do not provide refunds or credits for partial months of service.
05Intellectual Property
A. Our Rights
Staffify, LLC retains all right, title, and interest in and to the Vouch platform, including its software, AI models, algorithms, UI/UX designs, and trademarks.
B. Customer Data
You retain all rights to the data you input into the Service (e.g., candidate names, reference contact info). You grant Staffify, LLC a non-exclusive, worldwide, royalty-free license to use, process, and store this data solely for the purpose of providing the Service to you and improving our AI models (in an aggregated and anonymized format).
06Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STAFFIFY, LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.
UNDER NO CIRCUMSTANCES WILL STAFFIFY, LLC BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE.
IN NO EVENT SHALL STAFFIFY, LLC’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO STAFFIFY, LLC FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
07Indemnification
You agree to defend, indemnify, and hold harmless Staffify, LLC and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to the Service;
- Your violation of any term of these Terms of Service;
- Your violation of any third-party right, including without limitation any right of privacy, publicity, or intellectual property;
- Your violation of any applicable law, rule, or regulation, including but not limited to the FCRA, TCPA, or state call-recording laws.
08Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STAFFIFY, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE AI VOICE AGENT WILL BE ERROR-FREE, THAT TRANSCRIPTIONS WILL BE 100% ACCURATE, OR THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS.
09Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Delaware, using the English language in accordance with the Arbitration Rules and Procedures of the American Arbitration Association (AAA).
10Contact Information
If you have any questions regarding these Terms, please contact us at:
Staffify, LLC
Email: legal@staffify.org
Address: 2436 E 4th Street, #1292, Long Beach, CA 90814