Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Voley ("Voley," "we," "us," or "our") governing your access to and use of the Voley platform at letsvoley.com and all related services (collectively, the "Service").

By creating an account, accessing the Service, or using any part of the platform, you agree to be bound by these Terms and our Privacy Policy. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization.

If you do not agree to these Terms, do not use the Service.

2. Definitions

• "Customer" or "Agency" means the business entity (typically an insurance agency) that creates an account and uses the Service.
• "Authorized User" means an individual granted access to the Service by a Customer (e.g., agency employees and staff).
• "End User" means a person who sends or receives messages through the Service as a client, prospect, or contact of the Customer.
• "Platform" means the Voley web application, mobile application, APIs, and all related technology and services.
• "Content" means all data, text, messages, files, images, and other materials uploaded, transmitted, or generated through the Service.

3. Service Description

Voley provides a business messaging platform that enables Customers to:

• Send and receive SMS text messages with their clients and prospects
• Manage contacts and conversations
• Collaborate with team members on client communication
• Integrate with third-party systems (e.g., agency management systems)
• Register for and maintain A2P 10DLC carrier compliance

Voley uses Twilio, a third-party telecommunications provider, to route and deliver SMS messages. Message delivery is subject to carrier network availability, carrier filtering policies, and Twilio's terms of service.

4. Account Registration and Security

To use the Service, you must create an account and provide accurate, complete information. You agree to:

• Provide truthful and current registration information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access to your account
• Accept responsibility for all activity that occurs under your account
• Ensure that Authorized Users comply with these Terms

We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Send unsolicited messages (spam) or messages to recipients who have not consented
• Send messages that violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or any other applicable law
• Send messages containing illegal, threatening, harassing, defamatory, or fraudulent content
• Send messages containing SHAFT content (Sex, Hate, Alcohol, Firearms, Tobacco) in violation of carrier policies
• Attempt to circumvent opt-out requests or suppress opt-out records
• Use the Service to send messages unrelated to your registered use case (insurance agency communications)
• Reverse engineer, decompile, or attempt to extract the source code of the Platform
• Interfere with or disrupt the Service or its infrastructure
• Resell, sublicense, or provide the Service to third parties without authorization
• Use the Service to transmit malware, viruses, or other harmful code

Violation of this section may result in immediate suspension or termination of your account.

7. Agency / Customer Responsibilities

As a Customer using the Service, you are responsible for:

Compliance

• Complying with all applicable federal, state, and local laws, including the TCPA, CAN-SPAM Act, state telemarketing laws, and state privacy laws
• Obtaining and documenting proper consent from End Users before sending messages through the Service
• Maintaining records of consent sufficient to demonstrate compliance
• Checking the National Do Not Call Registry and applicable state DNC lists before sending marketing messages
• Including required disclosures in consent forms (including that consent is not a condition of purchase)

Content and Conduct

• Ensuring all message content complies with applicable laws and carrier acceptable use policies
• Sending messages only within the scope of your A2P 10DLC registered use case
• Identifying your agency in messages so recipients know who is contacting them
• Not sending sensitive information (PHI, SSNs, financial account numbers) via SMS
• Supervising Authorized Users and ensuring they follow these Terms and your internal policies

Data

• Ensuring the accuracy of contact information and other data you upload to the Platform
• Providing your own privacy notices to End Users that disclose the use of Voley as a messaging platform
• Responding to End User data rights requests and coordinating with Voley as needed
• Maintaining your own backup copies of critical data

8. Billing and Payment

You agree to pay all fees associated with your use of the Service in accordance with the pricing plan you selected. Fees may include subscription charges, per-message fees, phone number fees, and other usage-based charges.

• Fees are billed in advance or in arrears depending on the charge type, as described in your plan
• All fees are non-refundable except as expressly stated in these Terms or required by law
• We may change pricing with [30] days' prior notice; continued use constitutes acceptance
• Failure to pay may result in suspension or termination of your account
• You are responsible for all applicable taxes

9. Intellectual Property

Voley's Intellectual Property

The Service, including its design, features, code, documentation, trademarks, and all related intellectual property, is owned by Voley and its licensors. These Terms do not grant you any ownership rights in the Service. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during the term of your subscription.

Your Content

You retain ownership of all Content you upload to or transmit through the Service. By using the Service, you grant Voley a limited license to use, store, and transmit your Content solely to provide the Service to you. We will not use your Content for any purpose other than providing, maintaining, and improving the Service.

10. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect information. The Privacy Policy is incorporated into these Terms by reference.

Where we process End User personal information on your behalf, we do so as a Service Provider / Data Processor in accordance with your instructions and applicable data protection law. We will enter into a Data Processing Agreement upon request.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Voley does not warrant that:

• The Service will be uninterrupted, error-free, or completely secure
• All messages will be delivered successfully (delivery depends on carrier networks, recipient devices, and other factors outside our control)
• The Service will meet all of your requirements
• Any defects will be corrected within a specific timeframe

Voley is not a law firm and does not provide legal advice. Compliance guides, templates, and tools provided through the Service are for informational purposes only and do not constitute legal counsel.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOLEY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

VOLEY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO VOLEY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Voley, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party right, including TCPA violations resulting from messages you send through the Service
• Content you upload, transmit, or make available through the Service
• Your failure to obtain proper consent from End Users

14. Termination

Either party may terminate the Service:

• By Customer: You may cancel your account at any time by contacting us at [SUPPORT_EMAIL]. Cancellation takes effect at the end of your current billing period.
• By Voley: We may suspend or terminate your account immediately if you materially breach these Terms, engage in prohibited conduct, fail to pay fees, or if continued service would violate applicable law or carrier requirements.

Upon termination, your right to use the Service ceases immediately. We will retain your data for a reasonable period to allow you to export it, after which it will be deleted in accordance with our Privacy Policy. Sections that by their nature should survive termination (including Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive.

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of [STATE], without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved in the state or federal courts located in [COUNTY], [STATE], and you consent to the personal jurisdiction of such courts.

Before initiating any formal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least [30] days.

16. Changes to These Terms

We may modify these Terms from time to time. We will provide notice of material changes through the Platform or by email at least [30] days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service and cancel your account before the effective date.

17. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Voley regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision or the right to enforce it later.
• Assignment: You may not assign these Terms without our prior written consent. Voley may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure: Voley is not liable for delays or failures caused by events beyond our reasonable control, including carrier outages, natural disasters, or government actions.
• Notices: Notices to you will be sent to the email address associated with your account. Notices to Voley should be sent to [SUPPORT_EMAIL].

18. Contact Us

If you have questions about these Terms, please contact us: