Effective 6/1/2024; Last Updated August 2024
Welcome to Vouch — the app where it pays to know people!
This Vouch Platform Agreement ("Agreement") governs your use of the Vouch platform, located at https://vouch-app.com/ (the “Site”), and the related products, services, and technologies offered via the foregoing webpages (collectively, including the Site, the “Vouch Services” or the “Services”) offered or provided by Vouch App Inc. and its affiliates (“Vouch,” “we,” “us,” or “our”).
You should read this Agreement carefully, including Sections 5 and 6 which contain a non-exclusive list of risks in connection with the Site, the Vouch Services, and the blockchain ecosystem generally.
Important Notice Regarding Class Action/Jury Trial Waiver
WHEN YOU ACCEPT THIS AGREEMENT, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND VOUCH INDIVIDUALLY AND WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR IN YOUR RIGHT TO A JURY TRIAL TO RESOLVE ANY SUCH DISPUTE.
PLEASE REVIEW CAREFULLY THE “DISPUTE RESOLUTION” SECTION BELOW FOR DETAILS REGARDING WAIVER OF CLASS ACTION/JURY TRIAL.
1.0 Agreement
By using the Vouch Services, you agree to be bound by this Agreement. If you don’t agree to be bound by this Agreement, do not use the Vouch Services.
If you are accessing and using the Vouch Services on behalf of a company (such as your employer) or other legal entity (such as a trust or limited liability company of which you are a member), you represent and warrant that you have the authority to bind that entity to this Agreement. In that case, “you” and “your” will refer to that entity.
2.0 Privacy Policy, e-Signature Agreement, and Applicable Additional Terms
2.1 Privacy Policy. Your privacy and security of information are important to us. Please carefully review the Vouch Privacy Policy, located at https://vouch-app.notion.site/Vouch-App-Inc-Privacy-Policy-Notice-859d1692d67f4dcc81106f758cc0dd50 for information about how we may collect, use, store, or share information from you.
Vouch Services are provided primarily using the Ethereum (“ETH”) blockchain and related layer-two solutions such as Optimism (“Optimism”) and are therefore subject to the privacy policies available at https://ethereum.org/en/privacy-policy and https://www.optimism.io/data-privacy-policy respectively. Some Services may be offered on other layer-1 or layer-2 blockchains.
Additionally, most blockchains utilize distributed ledger technology, and blockchain transactions are often publicly available and permanently preserved. That information includes date and time of transaction submission and confirmation, tokens exchanged in any transaction, and digital wallet addresses involved in that transaction. Vouch has no ability to alter or obscure transactions on blockchains used in connection with the Vouch Services. Please be aware of the information you provide when entering into blockchain transactions and conduct yourself accordingly for your desired level of privacy.
2.2 e-Signature Agreement. Interactions utilizing third-party wallets linked to blockchain addresses or accounts require digital signatures to authorize transactions. Further, Vouch uses various technologies, including account abstraction, to verify user interactions which trigger digital wallet activities. By using Vouch Services, you agree that any electronic signature, whether digital or encrypted, that is intended to authenticate a writing shall have the same force and effect as manual signatures to the fullest extent of the law. "Electronic signature” means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including without limitation a checkbox, facsimile, or email signature.
3.0 Who may use the Vouch Services
To use the Vouch Services, you must be legally competent to form a binding contract and be eighteen (18) years old or older to create a User Account (as defined below). You may be required to successfully complete our know-your-customer (“KYC”) verifications or provide other information before you will be granted full functionality to the Site and the Vouch Services.
Additionally, Vouch may require you to provide additional information as applicable laws or regulations dictate or to investigate potential violations of this Agreement. Vouch reserves the right to suspend your access to Vouch Services while it gathers and processes any information requested and received and may refuse to restore access to the Vouch Services if you do not provide complete and accurate information upon Vouch’s request.
3.1 User wallets.
Your identity on the Site will be linked to one or more blockchain addresses of your choosing or, if you do not currently have a digital wallet, Vouch may provide you with access to the Vouch Services through use of a non-custodial wallet which is managed by a third-party service provider such as Privy. Further, Vouch provides access to third party payment processors such as Alchemy Pay for ease of access to the digital assets such as USDC required for certain Vouch Services. You should review the Privy User Terms of Service (available at https://www.privy.io/user-terms-of-service), Privy Privacy Policy (available at https://www.privy.io/privacy-policy), Alchemy Pay Terms of Use (available at https://alchemypay.org/terms-of-use) and Privacy Policy (available at https://alchemypay.org/privacy-policy) prior to utilizing those services. Similarly, Vouch uses cash payment processors such as Cash App and Venmo to collect payments for services as an alternative to third party payment services. Please refer to their terms of use on their webpages (cited above) for app-specific disclosures and policies.
To utilize your own digital wallet, you will need a blockchain address and a third-party wallet provider (which may need to be a self-custody wallet provider). We are not responsible for your account with a third-party wallet provider, and you may be subject to such third-party wallet provider’s terms and conditions and privacy policies. You should review such third-party terms and conditions and privacy policies carefully. By using a self-custody wallet, you own any data, information, or material originated by you that you submit in the course of using the Vouch Services. Vouch cannot access the contents of your third-party digital wallet(s), and it is your responsibility to keep your wallet(s) secure. Vouch does not have custody or control of your third-party wallet(s) and has no ability to retrieve or transfer its contents.
Similarly, you should not transfer any digital assets to or from any non-custodial wallet which is managed by Alchemy Pay or any other third-party provider without first confirming the compatibility of that transfer.
3.2 User representations.
You represent and warrant to Vouch that you:
(a) are legally competent to form a binding contract and are eighteen (18) years old or older;
(b) are not listed on the Specially Designated Nationals (“SDN”) list maintained by the Office of Foreign Assets Control (“OFAC”) or any other similar list maintained by the United States Department of State, Department of Commerce or any other government authority or pursuant to any Executive Order of the President or any similar list in the jurisdiction in which you are located and your digital wallet address is not on any such list or controlled by a person on any such list;
(c) have not been previously indicted for or convicted of any Patriot Act Offense (the term “Patriot Act Offense” can include any criminal violation relating to terrorism or money laundering, including offenses under the Patriot Act, the Bank Secrecy Act, the Money Laundering control Act of 1986, or criminal laws against terrorism or money laundering, and may also include conspiracy to commit, or aiding and abetting another to commit, a Patriot Act Offense);
(d) are not a competitor of Vouch and are not using the Vouch Services for reasons that are in competition with Vouch;
(e) are not restricted by law from purchasing or utilizing digital assets due to being from, a resident of, or located in, Algeria, People’s Republic of China, Crimea region of Ukraine, Cuba, Donetsk region of Ukraine, Egypt, Guyana, Iran, Iraq, Libya, Luhansk region of Ukraine, Morocco, Nepal, North Korea, Russia, South Sudan, Sudan, Syria, United Arab Emirates, or Yemen; and
(f) are not otherwise barred from using the Vouch Services under applicable law.
If you are an agent, you represent and warrant to Vouch that you are acting with full authority to bind a principal who meets the foregoing criteria in subsections (a)-(f).