Terms of Service (TOS) updates October 15, 2025

Products & Services

Section 1.1.1  Products & Services  - expanded provision regarding data collection and use given that Vouched is a processor.   Language changes ensures Vouched  has the rights to use the data for product enhancements that are part of the Services provided by Vouched.

Section 1.1.4 Products & Service - amended to include Buyer’s obligation of end users to comply with law

Section 1.2 Permitted Use - amended agreement for standard provisions around permitted uses of the Services

Section 1.3 Restrictions on Use  - amended agreement for standard provisions around restricted uses of the Services

Section 1.4  Third Party Services - this new provision clarifies Vouched’s rights with third party services

Intellectual Property

Section 3 - modifications reflect that all Services our Vouched IP, not just Vouched AI to align with changes made in Section 1. 

Data Security

Section 4.1  Data Security Provision  - added language to increase requirement of Buyer around technical and organizational measures 

Section 4.3 Data BackUp - amended agreement to address Vouched’s data back up obligations

Representations & Warranties

Section 5.2  Buyer Representation and Warranties - revised agreement to address Buyer’s representations and warranties to Vouched regarding end user consent, complying with Vouched Biometric policy and maintaining privacy policies current with current privacy laws.

Section 5.3 Limitation of Warranties - revised language for additional standard  limitations for software providers

Indemnification

This section has been revised to separate Buyer’s indemnification and Vouched’s indemnification

Section 6.1 Buyer’s Indemnification - modified to include end user breaches or violations, violations under the new sections under Section 1 Product and Services, Intellectual Property Rights, Data Security and the DPA

Section 6.2 Vouched’s Indemnification - provision is similar to prior version’s mutual indemnification with a carve out for Buyer’s obligation under the agreement

Section 6.3 Indemnity Procedure - amended to include prompt notification of a claim

Limitations on Liability

Section 7 Limitations on Liability - revisions made to clarify amounts are based solely on amounts paid

Confidentiality

Section 8.1  Non-Disclosure Agreement - Amended to clarify that the Information divulged is by a third party who had the rights to make the disclosure.

Term & Termination

Section 9.4 Survival - amended to incorporate provisions that should survive termination

Data Processing Agreement

Section 8 Retention and Deletion or return of Buyer Personal Data  - amended to add in retention provisions  and clarified retention of information as necessary for legal claims

• In the Section, Information You Provide to Vouched Directly, updated for your consent to the biometric policy
  
• Updated the Biometric Data Notice to be apply to multiple jurisdictions
• Added to the Geolocation section that we do not implement a geofence
• Added contact representative if you are in the EEA

• Changed definition of biometric data to generically apply to add states and GDPR versus specifically to Illinois as other states and GDPR are adopting substantially similar definitions
• Clarified that photos on government ID documents in  the United States are not considered biometric data
• Under the section, Vouched Disclosure of Biometric Data and Customer Obligations, added customer requirements under the Vouched Terms of Service
• Added an additional notification option through mail with Vouched's mailing address 

• Section 1.1  added   MHMDA: the Washington My Health My Data Act, Chapter 19.373 RCW
• Section 2.4 added language “to provide notice”

• Section 1.1.1 updated to clarify Vouched’s AI processes
• Section 1.1.4 added HIPAA
• Section 4.1 Data Security Provisions changed to refer to Data Processing Addendum
• Sections4.2 new section for HIPAA Business Associate
• Added Section 5.2, Your representations and warranties
• Sections 5.3 and 7.1 cleaned up language to be consistent with the rest of the agreement