1. Agreement
These Terms of Service ("Terms") are a binding agreement between VouchSite LLC, a Washington limited liability company ("VouchSite", "we", "us"), and the business entity that creates an account ("Customer", "you").
By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you are accepting on behalf of a company, you represent that you have authority to bind that company.
If you do not agree, do not use the Service.
2. Definitions
- Service — the VouchSite web application, including the subcontractor and broker submission pages.
- Subcontractor — a business your organization engages and tracks in the Service.
- Broker — an insurance producer or agency contacted at your direction regarding a Subcontractor's insurance.
- Certificate — a Certificate of Insurance or similar document submitted through the Service.
- Customer Data — information you, your users, your Subcontractors, or their Brokers submit to the Service.
- Authorized User — a person you invite to your organization.
3. What the Service does
The Service requests Certificates from Subcontractors and Brokers on your behalf, extracts stated policy expiration dates and coverage limits from submitted documents, compares those values against minimums you configure for each project, displays a resulting status, and maintains a log of requests, submissions, status changes, and decisions.
4. What the Service does not do
This section is important and you should read it in full. You will be asked to acknowledge this section separately at signup.
a. VouchSite reads the document it is given. We do not contact any insurance carrier. We do not confirm that a Certificate is genuine, that a policy was ever issued, that it remains in force, that it has not been cancelled or amended, or that its stated terms are accurate.
b. VouchSite is not an insurance broker, agent, adviser, underwriter, or legal adviser. Nothing in the Service is insurance advice or legal advice.
c. VouchSite does not verify endorsements. The Service does not determine whether you are named as additional insured, whether a waiver of subrogation applies, whether coverage is primary and non-contributory, or whether any endorsement exists.
d. The Service evaluates only General Liability, Commercial Automobile Liability, and Workers' Compensation expiration dates and limits against the minimums you enter for each project. Umbrella and Excess coverage is parsed and displayed but is not evaluated, because the adequacy of an umbrella depends on the underlying policies it sits above and on the terms of the specific form. Other coverages may be displayed but are not evaluated.
e. Automated extraction can be wrong. Documents are read by automated means, including machine reading of images. Extraction may be inaccurate, particularly from photographs or unusual forms.
f. A status shown in the Service is not a determination of coverage or compliance. It is a convenience based on the document provided and the minimums you configured. Responsibility for deciding whether a Subcontractor may work on your site remains entirely yours.
g. No reliance. You acknowledge that you are not relying on VouchSite to determine whether any Subcontractor carries adequate insurance, and that your own review of a Certificate and your own subcontract requirements govern that decision.
5. Your account
You are responsible for the accuracy of your account information, for the acts of your Authorized Users, and for maintaining the confidentiality of credentials. Notify us promptly at support@vouchsite.com of any unauthorized access.
The Service is for business use by construction contractors and similar businesses. It is not offered to consumers, and it is not offered outside the United States.
6. Your data and the data you provide about others
You retain ownership of Customer Data. You grant us a limited license to host, process, transmit, and display it solely to provide the Service.
You represent and warrant that you have the right to provide us with contact information for Subcontractors and Brokers, and that doing so does not breach any agreement or law. Subcontractors and Brokers are not our customers; we act on your instruction.
7. Messaging and consent
This section is a condition of using the messaging features.
a. When you enter a mobile number and instruct us to contact a Subcontractor by text message, you represent and warrant that you have obtained that person's prior express consent to receive automated text messages about insurance compliance from you and from service providers acting on your behalf, and that you have a record of that consent. This representation extends to the Telephone Consumer Protection Act, to any state analogue including the Washington Commercial Electronic Mail Act, and to any successor law or regulation.
b. You will not enter a mobile number without that consent. You will tell us promptly if consent is withdrawn.
c. Consent records. You will retain a record of each consent for at least four years after the last message we send at your instruction, and will produce it to us within ten business days of our written request. Failure to produce a consent record on request is a breach of these Terms and grounds for suspension under subsection (g).
d. Opt-out and revocation. We provide standard opt-out handling. A recipient may revoke consent by any reasonable means, including replying STOP, QUIT, END, CANCEL, UNSUBSCRIBE, REVOKE, or OPT OUT. A revocation is honored promptly and in no event later than ten business days, and suppresses all further text messages from the Service to that number — across your organization and every other organization using the Service, and across every message type — permanently, until the recipient opts back in. You will not attempt to circumvent this, and you will not ask a recipient to opt back in as a condition of doing business with you.
e. Messages are sent only within permitted hours in the recipient's local time and are subject to frequency limits we set. These limits exist for legal compliance and are not configurable.
f. You are solely responsible for the lawfulness of the contact you instruct us to make. You will indemnify us as set out in section 14 for any claim arising from contact made without the consent you represented you had.
g. Shared messaging infrastructure. Text messages are sent from telephone numbers registered to and operated by VouchSite, under VouchSite's carrier registrations. These numbers are shared among customers and are not assigned exclusively to you. You have no ownership interest in, and no right to port, retain, or direct the use of, any number used by the Service. You acknowledge that the suppression described in subsection (d) is a consequence of this shared infrastructure and of applicable law and carrier rules, and that we may change numbers, carriers, or messaging providers at any time.
h. Volume limits and suspension. We apply limits on the number of new mobile numbers that may be added and the number of messages that may be sent by an organization in a given period. These limits are set by us and are not configurable by you. We may suspend the messaging features of your account immediately and without prior notice if your traffic generates elevated opt-out rates, elevated carrier error rates, spam complaints, or any carrier-imposed block, if you fail to produce a consent record under subsection (c), or if we reasonably believe your use may jeopardize the Service for other customers. Suspension of messaging does not suspend the remainder of the Service; requests to Subcontractors and Brokers continue by email. We will tell you promptly when we suspend messaging and why.
i. Carrier fees and penalties. If a mobile carrier, aggregator, or messaging provider assesses a fee, penalty, or other charge against us that is attributable to traffic your organization instructed us to send, that amount is payable by you and is recoverable under section 14. Our records of the originating organization, user, and message identifier are the basis on which such traffic is attributed, and you agree that those records are sufficient evidence of attribution absent clear error.
8. Fees, billing, and the free allowance
Your first three Subcontractors are free of charge with no time limit. Adding a Subcontractor beyond that allowance begins a paid subscription at the rates shown at signup. The allowance is counted as distinct Subcontractors ever created, not currently active.
A valid payment method is required from signup. Fees are billed in advance, are non-refundable except where required by law, and are exclusive of taxes. We may change pricing on thirty days' notice; changes take effect at your next renewal.
If payment fails, we may suspend the Service after reasonable notice. Suspension does not delete your data.
9. Term, cancellation, and getting your data out
Either party may terminate at any time. You may cancel through the billing portal; cancellation takes effect at the end of the current billing period.
For ninety days after cancellation, you may generate and download an audit packet containing your Certificates, extracted values, activity log, and exception records. We recommend you do so before cancelling.
After that window, access to the application ends. Retention of underlying records is governed by section 10, which may require us to retain records after your access has ended.
10. Retention
Records of compliance activity, including Certificates and activity logs, are retained for a period reflecting construction statutes of repose, which in Washington is six years from substantial completion and is longer in some states. We do not delete Certificates or logs on a fixed schedule, and we do not delete them merely because an account closed.
You may request deletion of specific records. We will honor such requests except where retention is required by law or is reasonably necessary to establish or defend a legal claim.
11. Security and sub-processors
We maintain reasonable technical and organizational measures appropriate to the nature of the data, described in our published security summary. No system is perfectly secure and we do not warrant that the Service will be uninterrupted or error-free.
We use third-party service providers to operate the Service. A current list is published at vouchsite.com/subprocessors. We remain responsible for their performance under these Terms.
We will notify you without undue delay of any breach affecting your Customer Data, consistent with applicable state notification laws.
12. Acceptable use
You will not: submit unlawful content; upload documents you have no right to submit; attempt to access another organization's data; probe, scan, or test the security of the Service without written permission; use the Service to send messages to people who have not consented; use the messaging features to send marketing, promotional, or solicitation content of any kind; attempt to evade the limits described in section 7(h); or resell the Service without a written agreement.
13. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
Without limiting section 4, we specifically make no warranty that any Certificate is genuine, that any policy is in force, that extracted values are accurate, or that a status shown in the Service reflects a Subcontractor's actual insurance position.
We do not warrant that any text message or email will be delivered. Delivery depends on carriers, mail providers, and recipient device and account settings that are outside our control.
14. Indemnification
You will defend, indemnify, and hold harmless VouchSite, its members, officers, and service providers, from any claim, loss, liability, damage, penalty, cost, or expense, including reasonable attorneys' fees, arising from or relating to:
a. your breach of the representations in section 7, including any claim under the Telephone Consumer Protection Act, any state analogue including the Washington Commercial Electronic Mail Act, or any regulation concerning automated messaging;
b. any fee, penalty, or charge described in section 7(i) attributable to traffic your organization instructed us to send;
c. Customer Data you or your Authorized Users submitted;
d. your use of the Service, including any decision to permit or refuse a Subcontractor access to a site; or
e. your breach of these Terms.
Procedure. We will notify you of a claim within a reasonable time, though a delay does not relieve you except to the extent it prejudices your defense. You control the defense with counsel reasonably acceptable to us, and we may participate at our own expense. You will not settle any claim in a way that imposes an obligation on us, admits fault on our part, or fails to include an unconditional release of us, without our prior written consent. If you do not promptly assume the defense, we may defend at your expense.
15. Limitation of liability
To the maximum extent permitted by law, and whether a claim is framed in contract, tort including negligence, strict liability, statute, or otherwise:
a. Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, business, goodwill, or data, however caused, even if advised of the possibility.
b. Our total aggregate liability arising out of or relating to these Terms will not exceed the greater of $1,000 or the fees you paid us in the twelve months preceding the event giving rise to the claim.
c. The limitations in this section do not apply to your obligations under section 14, to your obligation to pay fees, or to liability that cannot be limited by law.
d. These limitations apply even if a limited remedy fails of its essential purpose, and reflect an agreed allocation of risk that is a basis of the pricing.
16. Changes
We may modify the Service. We may modify these Terms on thirty days' notice by email and by posting the updated Terms. Continued use after the effective date constitutes acceptance. If you do not accept, your remedy is to cancel.
17. Governing law, disputes, and class-action waiver
a. Governing law. These Terms are governed by the laws of the State of Washington, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
b. Informal resolution first. Before starting arbitration, the complaining party will send a written notice describing the dispute and the relief sought to the other party, and the parties will attempt in good faith to resolve it for thirty days. Notice to us goes to support@vouchsite.com and to the address in section 18.
c. Arbitration. Any dispute not resolved under subsection (b) will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in Clark County, Washington. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, and not any court, decides questions about the scope, enforceability, or formation of this agreement to arbitrate, except as stated in subsection (e).
d. Class-action waiver. Each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of more than one party and may not preside over any form of representative or class proceeding.
e. Non-severability of the class-action waiver. If subsection (d) is found unenforceable as to a particular claim or request for relief, then subsections (c) and (d) do not apply to that claim or request, which will instead be brought in court under subsection (f). The remainder of this section survives.
f. Court proceedings. For any claim not subject to arbitration, and for any action to enforce an arbitration award, the exclusive venue is the state or federal courts located in Clark County, Washington, and both parties consent to that jurisdiction. Either party may bring an individual action in small claims court, and either party may seek injunctive relief in court to protect its intellectual property or confidential information, without first following subsections (b) and (c).
18. General
These Terms, together with any order the parties sign, are the entire agreement and supersede prior discussions. If a provision is unenforceable, the rest remains in effect, except as stated in section 17(e). Neither party may assign without the other's consent, except in connection with a merger or sale of substantially all assets. No waiver is implied by a failure to enforce. Sections 4, 6, 7, 10, 13, 14, 15, 17, and 18 survive termination.
Notices: VouchSite LLC, 522 W Riverside Ave STE N, Spokane, WA 99201, and support@vouchsite.com.