Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (whether personally or on behalf of an insurance agency or other business entity) and Voley, LLC ("Voley," "we," "us," or "our") concerning your access to and use of the Voley communication platform (the "Services").

By creating an account or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of a business, you represent that you have authority to bind that business to these Terms.

If you do not agree with any part of these Terms, you may not access or use the Services.

Description of Services

Voley provides a business communication platform designed specifically for insurance agencies. Our Services include:

• SMS and MMS Messaging: Send and receive text messages and media with your clients from a dedicated business phone number
• Voice Calling (VOIP): Make and receive calls through our platform
• Team Collaboration: Internal team chat with channels and direct messages, conversation assignment, and shared inbox functionality
• Contact Management: Store, organize, and tag client contact information
• AMS Integration: Connect with agency management systems like HawkSoft for contact sync and conversation logging
• Compliance Features: Message archiving, logging, and export capabilities

Account Registration and Security

To use our Services, you must:

• Be at least 18 years old
• Be authorized to bind your agency or business to these Terms
• Provide accurate, complete, and current registration information
• Maintain the confidentiality and security of your account credentials
• Promptly notify us of any unauthorized access to your account
• Accept responsibility for all activities under your account

User Roles

Voley accounts support two user roles: Admins and Agents. Admins can manage users, billing, phone numbers, and integrations. Agents have access to messaging and collaboration features. You are responsible for appropriately assigning roles within your organization.

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose a risk to our Services or other users.

Fees, Billing, and Credits

Subscription Plans

Voley offers subscription plans billed monthly. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel.

Message Credits

Your subscription includes a monthly allotment of message credits. Credits are consumed as follows:

• SMS (outbound or inbound): 1 credit per message
• MMS (messages with attachments): 3 credits per message

Team chat and internal notes do not consume message credits.

Overage

If you exceed your monthly credit allotment, additional credits are charged at 3¢ per credit. Overage charges are billed at the end of each billing cycle.

Payment Terms

• Fees are non-refundable except as required by law
• You are responsible for applicable taxes
• We may change pricing with 30 days' notice
• Failed payments may result in service suspension

Phone Number Registration and Compliance

A2P Messaging Registration

Business text messaging (A2P — Application to Person) requires registration with mobile carriers. When you sign up for Voley:

• We register your phone number for A2P messaging on your behalf
• You must provide accurate business information for registration
• Approval may take several business days and is subject to carrier requirements
• We cannot guarantee approval; registration may be denied based on carrier policies

Until registration is approved, your messaging capabilities may be limited. We will notify you of your registration status.

Text Messaging Compliance (TCPA, DNC, and Similar Laws)

You acknowledge that the use of SMS and MMS messaging is subject to the Telephone Consumer Protection Act ("TCPA"), Federal Trade Commission Do Not Call ("DNC") rules, state telemarketing laws, and mobile carrier policies.

You are solely responsible for:

• Obtaining and maintaining all required consents prior to sending text messages
• Determining whether a recipient's number appears on the National Do Not Call Registry or any applicable state or internal suppression list
• Honoring all opt-out, stop, unsubscribe, or do-not-contact requests
• Ensuring that message content complies with all applicable laws, regulations, and carrier requirements
• Complying with state-specific privacy and communication laws
• Following insurance industry communication requirements

Voley provides technical features intended to support compliance workflows, including consent status tracking, opt-out detection, suppression controls, and audit logging. You acknowledge these features are assistive in nature and do not constitute legal advice or a guarantee of compliance.

You understand that Voley does not independently verify consent, scrub numbers against the National Do Not Call Registry, or determine whether a message is permissible under applicable law.

No Legal or Regulatory Guarantee

Compliance with applicable laws and regulations depends on your specific business practices, message content, timing, and recipient relationships. Voley does not represent or warrant that use of the Services will ensure compliance with the TCPA, DNC rules, state insurance laws, carrier requirements, or any other regulation.

You are encouraged to consult with legal counsel regarding your messaging practices and regulatory obligations.

Protected Health Information (PHI) and HIPAA

The Voley platform is not designed for the transmission, storage, or processing of Protected Health Information ("PHI") as defined under the Health Insurance Portability and Accountability Act ("HIPAA").

You acknowledge and agree that:

• Voley is not a "covered entity" or "business associate" under HIPAA
• Voley does not offer HIPAA-compliant messaging services
• SMS and MMS messaging are inherently insecure communication channels

You agree not to use the Services to transmit PHI or sensitive medical information and are solely responsible for determining whether any information communicated through the Services constitutes PHI.

Voley may provide warnings or indicators when content appears to contain sensitive personal or medical information; however, such warnings are informational only and do not shift responsibility from you.

Compliance Tools and Safeguards

The Services may include safeguards such as content warnings, message flagging, suppression flags, or administrative approval requirements (collectively, "Compliance Tools").

You understand that:

• Compliance Tools are designed to reduce risk but may not identify all potential compliance issues
• Administrative overrides and message sends may be logged for audit purposes
• The existence of Compliance Tools does not transfer responsibility for compliance to Voley

You remain solely responsible for all communications sent through the Services, regardless of whether Compliance Tools flagged or failed to flag any content.

Administrator Responsibility and User Training

If you are creating an account on behalf of an organization, you represent that you are an authorized administrator for that organization.

You acknowledge and agree that:

• You are responsible for ensuring all users within your organization understand and comply with applicable messaging laws and regulations
• You will provide adequate training to your team members on proper use of the Services, including consent requirements, opt-out handling, and content guidelines
• You are responsible for establishing and enforcing internal policies governing use of the Services
• Actions taken by users within your organization are your responsibility under these Terms

Acceptable Use Policy

You agree not to use our Services to:

• Send spam, unsolicited bulk messages, or messages to people who have not consented
• Send messages for illegal purposes or promoting illegal activities
• Harass, threaten, or abuse anyone
• Send messages containing malware, phishing links, or deceptive content
• Impersonate any person, business, or entity
• Send content that is defamatory, obscene, or violates third-party rights
• Circumvent carrier filters or spam detection
• Exceed reasonable usage volumes or abuse the platform
• Access accounts or data belonging to others without authorization
• Attempt to compromise the security or integrity of our Services
• Resell or redistribute the Services without our permission

We may suspend or terminate accounts that violate this policy, with or without notice. We may also report illegal activity to law enforcement.

Message Content and Delivery

Content Restrictions

Certain content is prohibited by carriers and may not be sent through Voley, including but not limited to:

• SHAFT content (Sex, Hate, Alcohol, Firearms, Tobacco) without proper licensing
• Illegal substances or services
• Phishing or social engineering attempts
• High-risk financial services promotions

Delivery Limitations

We strive for reliable message delivery, but cannot guarantee that every message will be delivered. Messages may fail due to:

• Invalid or disconnected phone numbers
• Carrier filtering or blocking
• Recipient phone settings or do-not-disturb
• Network issues beyond our control

We provide delivery status information when available from carriers, but this is not always accurate or complete. Credits are consumed when messages are sent, regardless of delivery status.

Integrations

HawkSoft Integration

If you connect HawkSoft to Voley:

• You authorize us to access your HawkSoft data using the credentials you provide
• We will sync contact information from HawkSoft to Voley
• We can log conversations to client records in HawkSoft as you direct
• HawkSoft remains your source of truth; we do not modify HawkSoft data except for logging
• You are responsible for maintaining valid HawkSoft credentials

Third-Party Services Generally

Our Services integrate with third-party services. Your use of these integrations is subject to the terms and privacy policies of those third parties. We are not responsible for third-party services and do not warrant their availability, accuracy, or security.

Data Ownership and Rights

Your Data

You retain ownership of all data you upload, create, or transmit through the Services, including messages, contacts, and attachments. By using the Services, you grant us a license to host, store, process, and transmit your data as necessary to provide the Services.

Integration Data Ownership

Data retrieved from third-party integrations (such as HawkSoft) remains the property of you, the subscribing agency. Voley caches integration data locally solely to enable platform functionality (e.g., contact matching, conversation routing, and message logging). We do not claim ownership of any data originating from your agency management system or other connected services. All cached integration data is encrypted at rest and in transit, and can be removed by disconnecting the integration. We do not sell, license, or share integration data with any third party for purposes unrelated to providing the Services to you.

Our Intellectual Property

The Voley platform, including its design, features, code, and documentation, is owned by Voley and protected by intellectual property laws. You may not copy, modify, reverse engineer, or create derivative works from our platform without our written permission.

Feedback

If you provide suggestions, feedback, or ideas about our Services, we may use them without obligation to you.

Service Availability

We strive to maintain high availability but do not guarantee uninterrupted service. The Services may be unavailable due to:

• Scheduled maintenance (we will try to provide advance notice)
• Unplanned outages or technical issues
• Third-party service disruptions (carriers, hosting providers, etc.)
• Force majeure events

We do not guarantee any specific uptime percentage. In the event of extended outages, your sole remedy is a prorated credit for the affected period.

Disclaimer of Warranties

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

We do not warrant that:

• The Services will meet your specific requirements
• The Services will be uninterrupted, timely, secure, or error-free
• Messages will be delivered successfully
• Any defects will be corrected
• The Services will be compatible with any specific device or software

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOLEY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or data breaches
• Loss of goodwill or reputation
• Damages arising from message delivery failures
• Damages arising from service interruptions
• Damages arising from third-party actions

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow limitation of liability for certain damages, so some of the above limitations may not apply to you.

Indemnification for Messaging Activities

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

• Your messaging activities conducted through the Services
• Alleged violations of the TCPA, DNC rules, state telemarketing laws, or carrier policies
• Transmission of unlawful, misleading, or non-compliant content through the Services
• Your failure to obtain proper consent or honor opt-out requests
• Messages you send through the Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights
• Claims brought by end-users, carriers, regulators, or other third parties
• Any claim that your messages or content caused harm to a third party

Termination

By You

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period. You remain responsible for any outstanding charges.

By Us

We may suspend or terminate your access immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay fees when due
• Engage in activity that risks harm to us, our Services, or other users
• Are subject to legal or regulatory action that prevents us from providing Services

Effect of Termination

Upon termination:

• Your right to use the Services ceases immediately
• You remain liable for any fees incurred before termination
• You may request export of your data within 30 days of termination
• We will retain your data for at least 30 days following termination to allow for export, after which we may delete it in accordance with our data retention practices
• Provisions that by their nature should survive will remain in effect (including limitations of liability, indemnification, and dispute resolution)

Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Utah, without regard to conflict of law principles.

Informal Resolution

Before filing a formal dispute, you agree to contact us at support@voley.us and attempt to resolve the dispute informally for at least 30 days.

Jurisdiction

Any disputes not resolved informally shall be brought exclusively in the state or federal courts located in Utah County, Utah. You consent to the personal jurisdiction of these courts.

General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Voley.
• Amendments: We may modify these Terms at any time. Material changes will be communicated via email or in-app notice. Continued use after changes constitutes acceptance.
• Waiver: Our failure to enforce any provision does not waive our right to enforce it later.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations freely.
• No Agency: These Terms do not create any agency, partnership, or joint venture between us.

Contact Us

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