These Terms of Service (the “Terms” or “Agreement”) govern access to and use of the Gather Voices platform and related services (the “Service”). By signing an Order Form, accessing, or using the Service, you (“Customer” or “End User”) agree to these Terms.
Gather Voices Terms of Service / End User License Agreement
At a Glance
- Who this covers: This document acts as both our Terms of Service (for Customers) and our End User License Agreement (for End Users). Customers contract with GV directly; End Users agree to a license when they use the Service at the invitation of a Customer.
- Who we contract with: Our Customers are organizations. End Users participate through those Customers.
- What you get: Video capture, editing, storage, and sharing tools, plus AI features (enabled by default, but can be turned off at the Customer’s request).
- Where data lives: U.S. AWS data centers by default, with optional EU hosting under special contract.
- Who owns what: Customers and End Users own their content. Gather Voices owns the platform
- Your responsibilities: Customers manage End User invitations, consent, and compliance with the law.
- Our responsibilities: Gather Voices safeguards data, manages hosting, and works with trusted subprocessors.
- Limits: We provide the Service “as is” with liability limited to fees paid in the last 12 months.
1. Parties and Scope
- Gather Voices, Inc. ("GV") provides the Service.
- Customers are organizations that purchase and manage access to the Service. Customers enter into a binding commercial agreement with GV through an Order Form or similar contract.
- End Users are individuals invited by Customers to create or interact with videos. End Users are not direct contracting parties with GV but, by accessing or using the Service, they are granted a limited license (an End User License Agreement) and agree to follow these Terms.
This Agreement therefore serves both as the Terms of Service governing GV’s relationship with Customers and as the End User License Agreement governing the use of the Service by End Users.
2. Eligibility
- The Service is not directed to children under 13 in the U.S. (or under 16 in the EU) without verified parental consent.
- By using the Service, you confirm you are of legal age in your jurisdiction or have parental consent.
3. Customer Responsibilities
- Customers are responsible for:
- Inviting End Users and obtaining any necessary consents (including parental consent for minors).
- Ensuring End Users comply with these Terms and applicable laws.
- Determining data collection, retention, and deletion policies as the data controller.
- Protecting access credentials and ensuring they are not shared improperly.
4. Gather Voices Responsibilities
- GV provides hosting, support, and security for the Service.
- GV acts as a data processor on behalf of Customers.
- GV may process data using trusted Subprocessors. A detailed Subprocessor List is maintained by GV and is available to Customers upon request. This list may be updated from time to time, with notice to Customers where required by law or agreement.
5. Service Features
- Core Functionality: video capture, storage, editing, and sharing.
- AI Features: summarization, captions, background removal, and similar tools are enabled by default. Customers may request that AI features be disabled for their accounts.
- Data Residency: By default, all data is hosted in U.S. data centers. Customers may contract for alternative hosting (e.g., EU) under a separate agreement and fee.
6. User Content
- Customers and End Users retain ownership of all videos and content uploaded.
- By submitting content, End Users grant GV and the relevant Customer a worldwide, royalty-free, perpetual, irrevocable license to host, process, edit, display, reproduce, distribute, create derivative works from, and otherwise use that content for the purposes of operating, improving, and promoting the Service and the Customer’s activities.
- This license includes the right to sublicense to trusted service providers or platforms where the content is published or shared at the Customer’s direction.
- End Users waive any “moral rights” to the extent permitted by law and acknowledge they will not receive compensation for use of their content.
- GV does not routinely review or monitor User Content but may remove or restrict content that violates these Terms.
7. Acceptable Use
You may not use the Service to:
- Violate any law or third-party right.
- Upload unlawful, defamatory, obscene, or infringing content.
- Promote violence, terrorism, hate speech, or harassment.
- Upload malware, spam, phishing content, or impersonate others.
- Attempt to disrupt, hack, or reverse engineer the Service.
GV may suspend or terminate access immediately if these rules are violated.
8. Suspension and Termination
- GV may suspend or terminate access if necessary to protect the Service, comply with law, prevent harm, or address violations.
- Either party may terminate for material breach if not cured within 30 days.
- Upon termination, Customer data will be returned or deleted according to the Privacy Policy.
9. Intellectual Property
- Customer Content: Owned by Customers/End Users, licensed to GV for service delivery.
- GV IP: GV retains ownership of the Service, software, and associated intellectual property.
- Feedback: If you provide feedback or suggestions, GV may use them freely without obligation.
10. Payment and Subscription
- Fees and payment terms are set out in the Order Form.
- Subscriptions renew automatically unless otherwise agreed.
11. Confidentiality
- Both parties agree to protect each other’s confidential information.
- GV does not accept responsibility for receiving End User confidential information except as required to provide the Service.
- Injunctive relief may be sought for breaches of confidentiality.
12. Indemnification
- By GV: GV will indemnify and defend Customers against third-party claims that the Service infringes intellectual property rights, provided Customers promptly notify GV and allow GV to control the defense.
- By Customer: Customers will indemnify and defend GV against claims arising from Customer Content, End User activities, or misuse of the Service.
13. Service Availability and Modifications
- GV aims to keep the Service available but does not guarantee uninterrupted uptime unless otherwise specified in an SLA.
- GV may update or modify the Service at any time. Material changes to these Terms will be communicated to Customers.
14. Export Controls and Compliance
Customers and End Users may not use the Service in violation of U.S. export laws or applicable sanctions regulations.
15. Assignment
Neither party may assign this Agreement without the other’s consent, except that either party may assign in connection with a merger, acquisition, or sale of substantially all assets.
16. Legal Stuff
- Entire Agreement: This Agreement, together with the Order Form and Privacy Policy, is the entire agreement between the parties.
- Severability: If any part of this Agreement is held invalid, the remainder remains enforceable.
- Waiver: Failure to enforce any provision does not constitute a waiver.
- Force Majeure: Neither party is liable for events beyond their reasonable control.
- Relationship: This Agreement does not create a partnership, joint venture, or employment relationship.
17. Disclaimers and Limitation of Liability
- The Service is provided “as is.” GV disclaims all warranties not expressly stated.
- GV’s total liability is limited to the fees paid by Customer in the 12 months prior to the claim.
- GV is not liable for indirect, consequential, or punitive damages.
18. Legal Disclosures
GV may disclose data when required by law, to protect safety, or in connection with a merger or acquisition.
19. Governing Law
This Agreement is governed by the laws of the State of Illinois, USA, without regard to conflict-of-laws rules.
20. Relationship to Privacy Policy
Use of the Service is also subject to GV’s Privacy Policy, which explains how we collect, use, and protect personal data. Customers and End Users should review the Privacy Policy for details.
21. Contact
For questions about these Terms, contact:
Gather Voices, Inc.
4245 N. Knox Avenue Chicago, IL 60641
Email: legal@gathervoices.co
