Last Updated: May 18, 2026
Welcome to Truevois. Thank you for choosing to partner with us.
These Truevois Business Terms and Conditions (the "Business Terms") constitute a legally binding agreement between Truevois ("Truevois," "we," "us," or "our") and the business entity, organization, or sole proprietorship accessing, registering for, or using our business services, platform, dashboards, review collection widgets, or software applications (the "Business User," "Company," "you," or "your").
Truevois is a premium, open, yet highly secure digital review platform and customer experience intelligence software hosted, managed, and operated in the United States of America. Truevois enables businesses to claim their official profile pages, actively communicate with reviewers, programmatically invite customers to leave genuine feedback, manage brand reputation, display social proof, and utilize predictive data analytics to optimize customer satisfaction.
By creating a Truevois Business Account, clicking an "Accept," "Sign Up," or "Agree" button, signing an Order Form that references these terms, or utilizing any free or premium tier of the Truevois Business Services, you expressly acknowledge that you have read, understood, and agreed to be bound by the entirety of these Business Terms, along with our Truevois User Terms, Truevois Privacy Policy, and Truevois Guidelines for Businesses. If you are entering into this agreement on behalf of a company, corporation, or other legal entity, you represent and warrant that you possess the full legal authority to bind that entity to these Business Terms. If you do not possess such authority, or if you do not agree with any provision of these terms, you must immediately cease all access to the Truevois platform and refrain from using any Truevois Business Services.
1. Scope, Purpose, and Definitions
1.1 Purpose of the Truevois Platform
The core mission of Truevois is to foster a transparent, authentic, and highly reliable online marketplace where consumers and businesses can engage constructively. Truevois provides an open-access platform for consumers to share real-world experiences regarding products, services, and brands. Simultaneously, Truevois provides cutting-edge reputation management software to businesses so they can monitor customer feedback, respond to consumer reviews, resolve disputes, and leverage public trust to drive business growth.
1.2 Broad Scope of the Terms
These Business Terms govern all access to, and use of, the business portal provided by Truevois, whether accessed via our primary web domain, localized subdomains, application programming interfaces (APIs), mobile applications, software development kits (SDKs), embedded widgets, or direct data integrations. These terms apply uniformly to all categories of business accounts, including free claimed profiles, self-service subscription accounts, custom enterprise arrangements, and trial periods.
1.3 Key Definitions
Throughout these Business Terms, the following capitalized terms shall have the specific meanings assigned below:
· "Truevois Platform" refers to the proprietary review hosting platform, website (including all subdomains), applications, and digital dashboards owned and operated by Truevois.
· "Truevois Business Services" or "Services" means the complete suite of B2B features, tools, analytical instruments, review invitation systems, automated messaging modules, marketing materials, and API access provisions provided to businesses by Truevois.
· "Business Account" means the specific administrative account and online control panel registered by or assigned to a specific business entity on the Truevois Platform.
· "Business User Content" means any text, graphics, logos, brand names, product descriptions, video files, audio links, responses to user reviews, marketing slogans, or other digital assets uploaded, published, or transmitted via the Truevois Platform by the Business User.
· "Consumer Content" or "User Reviews" means the text, star ratings, metadata, verification documentation, and associated communication posted publicly on the Truevois Platform by general consumers or end-users regarding their experiences with a business.
· "Effective Date" means the exact date upon which the Business User completes the digital registration process, claims their business profile, or executes a commercial Order Form with Truevois, whichever occurs first.
· "Order Form" means any physical or digital purchasing document, transaction confirmation page, checkout interface, or statement of work executed by both parties or completed online by the Business User detailing specific premium services, pricing structures, payment frequencies, and contract durations.
· "Guidelines for Businesses" means the separate, dynamically updated behavioral and ethical playbook published by Truevois that outlines rules for soliciting reviews, responding to consumers, and managing profile authenticity.
2. Platform Eligibility, Business Profile Claiming, and Registration
2.1 Corporate Eligibility Criteria
To register for a Truevois Business Account, claim a business profile page, or utilize any Truevois Business Services, you must be a validly existing, recognized legal entity in good standing within your jurisdiction of incorporation or registration. Individuals registering on behalf of a sole proprietorship must be at least eighteen (18) years of age and possess full legal capacity to enter into binding contractual arrangements. By proceeding, you warrant that your business operations comply with all local, state, federal, and international laws, regulations, and industry standards.
2.2 Account Creation and Verification Protocols
To ensure the integrity of the Truevois Platform, all business users must undergo a strict validation process. When registering a Truevois Business Account, you must provide accurate, current, complete, and verifiable informational details, including but not limited to:
· The official registered legal name of the business entity.
· The primary physical corporate headquarters address.
· A valid, active corporate domain extension matching your brand identity.
· A monitored business communication email address, which for administrative inquiries should ideally correspond with our central business desk at business@truevois.com.
· Taxpayer identification numbers or state registration filings, if explicitly requested by Truevois compliance officials.
2.3 Profile Claiming Rights and Content Initialization
Truevois maintains an open directory of businesses to allow consumers to express feedback freely. If your business profile pre-exists on the Truevois Platform via user-generated initialization, you may claim said profile by proving authorized administrative control over the associated domain name or brand asset. Truevois reserves the absolute right, in its sole discretion, to reject any business profile claim, revoke claimed status, or suspend an unverified business page if we suspect identity misrepresentation, trademark infringement, or unauthorized agency actions.
2.4 Account Security, Access Credentials, and Liability
The Business User is entirely responsible for safeguarding all administrative usernames, passwords, authorization tokens, API keys, and multi-factor authentication systems linked to its Truevois Business Account. You must strictly limit access to personnel explicitly authorized to act on behalf of your corporation. You agree to notify Truevois immediately via [email protected] if you uncover any unauthorized access, suspicious security logs, or compromised account credentials. You shall remain fully liable for all activities, review responses, content updates, subscription tier modifications, or financial changes initiated through your Truevois Business Account, regardless of whether such actions were explicitly authorized by your executive management team.
3. Permitted Use, Platform Guidelines, and Business Code of Conduct
3.1 Strict Adherence to the Truevois Core Integrity Principles
The ultimate value of the Truevois Platform relies on the unyielding authenticity of consumer reviews. Therefore, any business utilizing the Truevois Business Services must comply with the absolute highest standards of ethical conduct, commercial transparency, and consumer protection laws. You explicitly pledge to maintain the integrity of the ecosystem by following these core rules:
· No Manufactured Content: You shall never author, generate, purchase, or source fake, simulated, or incentivized reviews for your own business or any competing business enterprise.
· No Staff Intervention: You shall strictly prohibit your internal corporate employees, external contractors, executive staff members, immediate family members, or paid brand ambassadors from submitting consumer reviews on your Truevois business profile page.
· Bi-Directional Transparency: You shall not attempt to influence, manipulate, distort, or artificialize your overall Truevois trust score through deceptive collection methods or malicious automated algorithms.
3.2 Prohibited Review Solicitation Tactics
While Truevois encourages businesses to invite customers to provide feedback using our automated collection mechanisms, the method of invitation must remain scrupulously unbiased. You explicitly agree that you will not:
· Offer financial incentives, cash rewards, discount coupons, gift cards, loyalty points, sweepstakes entries, or free products to customers in exchange for positive reviews or high star ratings.
· Utilize "review gating" techniques, which involve pre-screening customers via private surveys or questionnaires and only directing those with positive experiences to the public Truevois Platform, while diverting dissatisfied customers to private channels.
· Instruct consumers on what specific descriptive language to use, what star rating to select, or how to frame their feedback within their written reviews.
· Selectively invite only a subset of customers whom you know beforehand are highly satisfied, rather than inviting all customers uniformly across your operational spectrum.
3.3 Acceptable Response and Communication Guidelines
When communicating with consumers on the Truevois Platform through our public response features, you must maintain a professional, civil, and lawful demeanor. You are strictly forbidden from uploading or publishing any Business User Content that:
· Contains abusive, profane, defamatory, harassing, threatening, hateful, or racially offensive language.
· Discloses the private, personally identifiable information (PII) of consumers, such as their full home addresses, personal phone numbers, bank details, credit card numbers, or medical histories, without their explicit written consent.
· Promotes independent, unrelated third-party commercial services, hyperlink spam, phishing nodes, malware, or competitive business advertisements.
· Violates any state, federal, or international consumer privacy regulations, including but not limited to the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR).
3.4 Misuse of the Review Flagging and Dispute Mechanism
The Truevois Platform provides business users with a structured system to flag reviews that legitimately violate our consumer-facing terms of use (such as reviews containing explicit profanity, clear conflicts of interest, or verifiable fabrications). However, this dispute mechanism must not be weaponized. You agree that you will not:
· Systematically flag negative reviews solely because they reflect poorly on your business reputation, financial performance, or operational execution.
· Submit false statements or fabricated evidence to Truevois moderators to secure the removal of a critical consumer review.
· Threaten or launch retaliatory legal actions against consumers who share honest, non-defamatory negative reviews on Truevois.
4. Proprietary Intellectual Property Rights and License Grants
4.1 Truevois Ownership of Platform Infrastructure
As between the parties, Truevois retains exclusive ownership of all right, title, and interest in and to the Truevois Platform, the Truevois Business Services, the analytical tracking algorithms, database schemas, software code, graphic interfaces, website design, trademarks, service marks, trade names, trust score calculating methodologies, and all derivative modifications or improvements made to them. Except for the explicit, limited usage licenses granted within these Business Terms, nothing herein shall be construed as transferring any intellectual property rights to the Business User.
4.2 License to Business User for Marketing and Social Proof Display
Subject to your continuous compliance with these Business Terms and timely payment of any applicable subscription balances, Truevois grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide, limited license during the term of your active business account to display specific Truevois branding assets, review widgets, star ratings, and trust seals on your official company website, print advertisements, social media campaigns, and physical store premises. All uses of the Truevois trademarks, logos, and widgets must conform strictly to our official Truevois Brand Guidelines. You may not alter, deconstruct, colorize, pixelate, distort, or mask any portion of a Truevois widget or trust seal, nor may you falsely imply an official endorsement or corporate partnership with Truevois that extends beyond basic subscription access.
4.3 License Granted by Business User to Truevois
To allow Truevois to deliver its directory services, index business pages for search engine optimization (SEO), and distribute reviews across its global partner networks, the Business User hereby grants to Truevois a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable, fully paid-up license to use, host, store, reproduce, modify, adapt, publish, translate, publicly perform, publicly display, distribute, index, and create derivative works from your Business User Content, corporate logos, registered trademarks, service marks, and public company descriptions. This license allows Truevois to showcase your business on the platform, display your public brand identity alongside user reviews, and feature your company across relevant product categories and search results.
4.4 Data Ownership, Review Portability, and Scraping Bans
All public consumer reviews, star ratings, aggregate data sets, metadata, and trust metrics hosted on the Truevois Platform are the exclusive property of Truevois or its respective consumer authors. The Business User does not acquire any ownership interest, property claim, or copyright over consumer reviews posted to its profile page. The extraction, harvesting, or systematic scraping of review content from the Truevois Platform via automated scrapers, web spiders, data mining bots, or custom code interfaces without the express prior written consent of Truevois is strictly prohibited. You may not copy, repackage, or re-publish consumer reviews hosted on Truevois onto independent third-party platforms or competitive evaluation systems without obtaining direct clearance from our licensing desk at [email protected].
5. Subscription Tiers, Fee Structures, Invoicing, and Financial Commitments
5.1 Free Claimed Profile Features vs. Paid Tiers
Truevois offers both free basic business access and premium, tier-based subscription packages. A free business profile allows basic response functions and manual profile claiming validation. Premium plans include advanced reputation management capabilities, automated review invitation systems, deep algorithmic insights, custom API connections, priority support queues, and complete widget customization rights. The specific features, data storage limits, message capacities, and pricing models applicable to your subscription will be specified on the online checkout page or an executed Order Form.
5.2 Subscription Billing Cycles, Renewals, and Rate Changes
Paid subscriptions for the Truevois Business Services are available on recurring billing intervals, typically structured as monthly, quarterly, or annual commitments.
· Automatic Renewal Mechanism: To prevent service disruptions, all premium subscriptions automatically renew for successive, identical operational periods unless you officially request non-renewal or cancel your account at least thirty (30) calendar days prior to the expiration date of your current billing cycle.
· Rate Readjustment Authority: Truevois reserves the right to adjust its standard price lists, feature packaging, and tier structures at any time. For existing subscribed customers, Truevois will provide at least forty-five (45) days' prior digital notice of any pricing changes. Continued use of the Truevois Business Services after the price change takes effect constitutes explicit agreement to the adjusted billing terms.
5.3 Payment Gateways, Invoicing Protocols, and Currencies
All financial transactions are conducted electronically through secure third-party payment processors or authorized corporate invoicing networks.
· Payment Information Accuracy: You must maintain a valid, unexpired credit card, corporate debit card, or verified bank routing protocol on file within your Truevois Business Account.
· Currency of Settlement: Unless specified otherwise on an official Order Form, all fees are listed, billed, and payable in United States Dollars ($ USD).
· Invoiced Customers: For enterprises authorized for direct corporate invoicing, payments must be received within thirty (30) days from the formal date of invoice generation.
5.4 Delinquent Accounts, Late Fee Policies, and Collection Charges
Any failure to settle your financial balance within the designated timeframe constitutes a material breach of these Business Terms. Delinquent accounts will experience the following administrative actions:
· Interest Accrual: Overdue balances shall accrue interest at a rate of one and a half percent (1.5%) per month, or the maximum legal limit permitted under applicable state law, whichever is lower, calculated daily from the original payment due date until fully paid.
· Service Downgrades: Truevois reserves the absolute right to suspend your administrative access, deactivate your automated review collection triggers, hide premium display widgets on your external websites, and downgrade your profile page to a basic free tier if account balances remain unpaid for more than fifteen (15) calendar days.
· Recovery Costs: The Business User shall reimburse Truevois for all reasonable out-of-pocket costs, third-party collection agency fees, legal expenditures, and court costs incurred during efforts to recover delinquent subscription fees.
5.5 Comprehensive No-Refund Policy
All premium subscription charges, setup balances, custom data integration fees, and upfront contract allocations paid to Truevois are one hundred percent (100%) non-refundable. Truevois does not offer pro-rated refunds, service credits, or account adjustments for partial months of platform access, periods of business inactivity, corporate restructuring, or early account cancellations. If you cancel your premium subscription mid-cycle, your access will continue until the end of your current pre-paid operational period, after which it will terminate without further billing.
5.6 Taxation and Legal Levies
The subscription fees outlined by Truevois are exclusive of all applicable national, state, provincial, municipal, or local sales, use, value-added (VAT), excise, or withholding taxes. The Business User is entirely responsible for calculating, reporting, and paying all taxes associated with its purchase and commercial utilization of the Truevois Business Services, excluding taxes directly assessed based on the net income of Truevois. If Truevois is legally required to collect or pay sales or usage taxes on your behalf, those charges will be explicitly detailed on your invoice and billed to your payment method.
6. Contract Term, Cancellation Policies, Suspension, and Termination
6.1 Agreement Lifespan and Continuity
These Business Terms commence on the Effective Date and remain in full force and effect until your Truevois Business Account is officially terminated by either party, or until your underlying subscription commitments expire in accordance with these terms.
6.2 Voluntary Termination and Subscription Cancellation Mechanics
You may cancel your premium subscription or close your Truevois Business Account at any time by navigating to the "Account Settings" or "Billing" menu inside your administrative dashboard and following the prompts, or by sending an explicit cancellation request to [email protected]. To avoid being billed for a subsequent operational term, your cancellation request must be submitted at least thirty (30) days prior to your upcoming automatic renewal date.
6.3 Termination and Suspension for Cause by Truevois
Truevois reserves the absolute right to immediately suspend your administrative account access, deactivate review collection widgets, issue warning banners on your public profile, or completely terminate this contract for cause, without prior legal warning or judicial intervention, upon the occurrence of any of the following events:
· You violate any provision of these Business Terms, the Guidelines for Businesses, or our broader platform integrity policies.
· Your business becomes the subject of a bankruptcy filing, insolvency proceeding, corporate liquidation, receivership, or assignment for the benefit of creditors.
· Truevois determines, in its sole discretion, that your business is engaged in fraudulent commercial transactions, deceptive marketing practices, unlawful operations, or actions that threaten the safety, operation, or reputation of the Truevois Platform.
· Your business repeatedly attempts to manipulate consumer feedback, buys fake reviews, or harasses reviewers who post critical remarks.
6.4 Operational and Data Consequences of Termination
Upon the termination of your account or the expiration of your premium subscription for any reason:
· All rights, permissions, and trademark licenses granted to the Business User to use Truevois widgets, star ratings, and review content will instantly cease. You must remove all Truevois digital badges from your website within forty-eight (48) hours.
· Your access to the premium administrative analytics control panel, automated communication APIs, and customer invitation tracking logs will be permanently deactivated.
· Profile Status: Because Truevois functions as a historical directory of consumer experiences, your public business profile page will not be deleted from the Truevois Platform. The profile page will remain online as an unclaimed or basic free profile, and consumers will retain their legal rights to view past reviews and post new reviews regarding your business, in accordance with applicable free platform rules.
6.5 Structural Survival of Specific Provisions
The provisions contained within these Business Terms that by their very nature ought to survive contract termination shall survive indefinitely. This includes, without limitation, Section 4 (Proprietary Intellectual Property Rights), Section 5 (Subscription Tiers and Fees) for accrued liabilities, Section 7 (Data Privacy and Security Obligations), Section 8 (Representations, Warranties, and Disclaimers), Section 9 (Indemnification Obligations), Section 10 (Limitation of Corporate Liability), Section 11 (Dispute Resolution and Governing Law), and Section 12 (Miscellaneous Provisions).
7. Data Privacy, Information Security, and Regulatory Compliance
7.1 Compliance with Global Data Protection Laws
Both Truevois and the Business User acknowledge that fulfilling this contract requires processing personal information, particularly when the Business User shares customer contact directories with Truevois to send automated review invitations. Both parties warrant and agree to comply at all times with all applicable data protection legislation, including the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), the EU General Data Protection Regulation (GDPR), the UK GDPR, and any other federal, state, or international privacy laws that may apply to the transfer, storage, and processing of customer records.
7.2 The Role of Truevois as a Data Processor
When you upload customer lists, names, transaction details, or email addresses to the Truevois Platform to trigger review invitations, Truevois acts strictly as a Data Processor (or service provider), and the Business User acts exclusively as the Data Controller (or business entity). Truevois shall handle and process such customer data solely on behalf of, and in accordance with, the documented instructions provided by the Business User, which include these Business Terms and any supplemental Data Processing Addendum (DPA) executed between the parties.
7.3 Data Controller Guarantees and Direct Indemnity
As the Data Controller, the Business User represents, warrants, and covenants that it has secured all necessary explicit consents, legal permissions, opt-in records, and authoritative clearances from its end consumers before transmitting their personal details, phone numbers, or email addresses to Truevois. You agree to shield, defend, and indemnify Truevois against any administrative fines, regulatory investigations, statutory lawsuits, class actions, or legal complaints arising from your failure to obtain lawful authorization before transferring customer directories to our systems.
7.4 Security Safeguards, Incident Reporting, and Breach Management
Truevois implements and maintains reasonable, industry-standard administrative, physical, organizational, and technical safeguards designed to protect Business User Content and customer invite databases against accidental destruction, unauthorized access, alteration, or unlawful disclosure. In the event that Truevois confirms a security breach involving our servers that compromises your proprietary administrative data or active invite lists, Truevois will notify your primary account administrators via email within seventy-two (72) hours of confirming the incident, providing relevant details regarding remediation efforts and statutory obligations.
8. Business Representations, Warranties, and Absolute Legal Disclaimers
8.1 Mutual Representations and Operational Guarantees
Each party represents and warrants to the other that:
· It possesses the corporate power, legal authority, and organizational capacity to enter into and fully perform its obligations under these Business Terms.
· The execution of this contract does not violate any other corporate agreement, bank loan covenant, court injunction, or intellectual property assignment to which it is bound.
8.2 Business User Integrity and Compliance Warranties
You represent, warrant, and covenant to Truevois that:
· All information provided to us during your profile verification, business registration, and subscription checkout is completely accurate, truthful, and free from deliberate misrepresentation.
· You will not use the Truevois Business Services to engage in deceptive advertising, anticompetitive behavior, or extortion schemes.
· Your collection, management, and deployment of user feedback will comply with all federal and state advertising regulations, including the United States Federal Trade Commission (FTC) guidelines concerning endorsements, testimonials, and consumer reviews.
8.3 Absolute Disclaimer of Platform Warranties
EXCEPT AS EXPLICITLY STATED IN THESE BUSINESS TERMS, THE Truevois PLATFORM AND ALL Truevois BUSINESS SERVICES ARE PROVIDED ENTIRELY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE JURISDICTIONAL LAWS, Truevois HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR COMMERCIAL PURPOSE, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.
Truevois MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT:
· THE PLATFORM OR THE SERVICES WILL OPERATE WITHOUT INTERRUPTION, DELAYS, TIMEOUTS, OR TECHNICAL CODE ERRORS.
· THE METRICS, DATA INSIGHTS, OR SEO ADVANTAGES DELIVERED BY THE PLATFORM WILL GENERATE A SPECIFIC VOLUME OF FINANCIAL REVENUE, CUSTOMER ACQUISITION, OR BRAND LIFT FOR YOUR BUSINESS.
· ALL CONSUMER REVIEWS POSTED TO YOUR PROFILE WILL BE ABSOLUTELY TRUTHFUL, ACCURATE, OR FREE FROM UNFOUNDED PERSONAL BIAS.
· THE SEARCH ENGINE OPTIMIZATION (SEO) INDEXING PROTOCOLS WILL GUARANTEE TOP-TIER VISIBILITY ON EXTERNAL SEARCH ENGINES SUCH AS GOOGLE, BING, OR YAHOO.
9. Comprehensive Indemnification Obligations
9.1 Business User Duty to Defend and Hold Harmless
The Business User agrees to fully indemnify, defend, protect, and hold harmless Truevois, its corporate parent companies, subsidiaries, affiliates, directors, officers, shareholders, employees, legal counsel, agents, and successors-in-interest (collectively, the "Truevois Indemnified Parties") from and against any and all third-party claims, lawsuits, administrative demands, liabilities, corporate losses, damages, arbitration awards, regulatory judgments, statutory fines, penalties, costs, and expenses (including reasonable attorneys' fees and expert witness costs) arising out of, relating to, or resulting from:
· Any material breach of your representations, warranties, covenants, or obligations set forth within these Business Terms or the Guidelines for Businesses.
· The publication, distribution, display, or processing of any Business User Content, including claims that your logos, text responses, or trademarks infringe upon a third party's patents, copyrights, publicity rights, or trade secrets.
· Your failure to comply with any local, state, federal, or international consumer privacy, anti-spam, or consumer protection law, including the unauthorized transfer of consumer contact lists.
· Any deceptive business practice, false advertising, product liability claim, or service dispute occurring between your company and an end consumer who utilized the Truevois Platform to evaluate your brand.
9.2 Indemnification Operational Protocols and Control
If a third-party claim is initiated against any Truevois Indemnified Party, Truevois will promptly provide you with written notice of the dispute. However, any delay in providing such notification shall not relieve you of your indemnification obligations except to the extent that your defense is materially prejudiced by the delay. You shall assume full financial control over the defense and formal settlement of the claim using competent legal counsel approved by Truevois. Notwithstanding the foregoing, the Business User shall not enter into any legal settlement that admits corporate fault, imposes operational restrictions, or creates a financial liability for Truevois without obtaining our explicit, prior written consent. Truevois retains the absolute right, at its own expense, to participate in the defense and monitor the lawsuit with legal counsel of its choosing.
10. Limitation of Corporate Liability
10.1 Complete Exclusion of Consequential and Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE INDIVIDUAL STATES THEREOF, IN NO EVENT AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE) SHALL Truevois, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO THE BUSINESS USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, DESTRUCTION OF CORPORATE GOODWILL, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF PROPRIETARY DATA, SYSTEM RECOVERY EXPENSES, COMPUTER FAILURE, OR REPUTATIONAL DAMAGE ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE, INABILITY TO USE, MISUSE, OR RELIANCE UPON THE Truevois PLATFORM, EVEN IF Truevois HAS BEEN EXPLICITLY ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
10.2 Total Aggregate Financial Cap on Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE BUSINESS TERMS, THE MAXIMUM TOTAL AGGREGATE FINANCIAL LIABILITY OF Truevois AND ITS AFFILIATES TO THE BUSINESS USER FOR ANY AND ALL CLAIMS, DISPUTES, OR CAUSES OF ACTION ARISING UNDER OR RELATING TO THIS CONTRACT, SHALL BE STRICTLY LIMITED TO THE ACCUMULATED AMOUNT OF FEES ACTUALLY PAID BY THE BUSINESS USER TO Truevois FOR THE SPECIFIC PREMIUM SUBSCRIPTION LEVEL INVOLVED IN THE DISPUTE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EXACT DATE UPON WHICH THE INITIAL LIABILITY ACCRUED. IF YOUR BUSINESS HAS ONLY UTILIZED A FREE CLAIMED PROFILE TIER AND HAS PAID NO PREMIUM SUBSCRIPTION BALANCES, YOU EXPLICITLY ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY TECHNICAL FAULT, DATA ERROR, DISMISSAL OF REVIEWS, OR PLATFORM DOWNTIME IS TO CEASE DISPUTING THE MATTERS AND IMMEDIATELY CANCEL YOUR ACCOUNT ACCORDINGLY.
10.3 Core Allocation of Risk and Pricing Considerations
The limitations and exclusions of liability set forth in this Section 10 allocate the commercial and legal risks under this agreement between Truevois and the Business User. This risk allocation forms a fundamental element of the bargain between the parties. Truevois would be completely unable to offer the Truevois Business Services, host public review directories, or maintain its current subscription tier prices without these robust structural limitations on its legal liability.
11. Dispute Resolution, Governing Law, and Class Action Waivers
11.1 Governing Jurisdiction and Legal Venue
These Business Terms, along with any legal claims, platform disputes, subscription disagreements, or contractual interpretations arising out of or in connection with them, shall be governed exclusively by, and construed strictly in accordance with, the internal substantive laws of the United States of America, without giving effect to any choice of law or conflict of law principles that would require the application of the statutes of any other state or sovereign nation.
11.2 Mandatory Informal Dispute Escalation Period
Before filing a formal demand for arbitration or initiating any permitted courtroom litigation, the Business User and Truevois agree to engage in a good-faith effort to resolve the dispute informally. If a disagreement arises, your executive team must send a detailed written notice outlining the grievance, the relevant facts, and the requested remedy to our corporate compliance team via [email protected]. Upon receipt, the parties will arrange for an executive-level conference call or digital negotiation within thirty (30) calendar days to attempt to reach a mutual resolution. Neither party may initiate formal legal actions until this informal escalation period has concluded without success.
11.3 Mandatory and Binding Arbitration Protocols
If the dispute cannot be resolved informally within thirty (30) days, both parties agree that the dispute shall be submitted to final and binding individual arbitration, administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect, except as modified herein.
· Arbitrator Selection: The arbitration shall be conducted before a single neutral arbitrator mutually selected by the parties from the AAA panels, or appointed by the AAA if agreement cannot be reached.
· Language and Venue: The formal arbitration proceedings shall be conducted exclusively in the English language. The physical venue for the arbitration hearings shall be determined based on the official state of corporate registration of Truevois within the United States of America. For disputes involving amounts under ten thousand dollars ($10,000), hearings may be conducted via video conference or through telephonic and document submission systems.
· Arbitration Cost Allocations: Each party shall bear its own legal fees, expert witness costs, and out-of-pocket expenses, and the parties shall split the formal AAA administrative fees and arbitrator compensation equally, unless the arbitrator determines that a claim was filed frivolously or in bad faith.
· Enforceability of the Award: The written decision rendered by the arbitrator shall include detailed factual findings and legal conclusions. The award shall be final, binding, and non-appealable, and judgment upon the award may be entered in any court possessing competent jurisdiction.
11.4 Broad Waiver of Jury Trials and Class Action Proceedings
THE BUSINESS USER AND Truevois EXPLICITLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CORPORATE CAPACITY, AND NOT AS A PLAINTIFF, REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, MASS ARBITRATION, REPRESENTATIVE ACCORD, OR COLLECTIVE PROCEEDING. THE ARBITRATOR IS STRICTLY FORBIDDEN FROM CONSOLIDATING THE CLAIMS OF MORE THAN ONE INDEPENDENT BUSINESS ENTITY, AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. BOTH PARTIES EXPLICITLY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO A TRIAL BY JURY IN JURISDICTIONS WHERE PLATFORM LITIGATION MIGHT OTHERWISE DEVELOP.
11.5 Limited Exceptions to Mandatory Arbitration
Notwithstanding the provisions of this Section 11, either party retains the right to:
· Bring an individual action in a small claims court of competent jurisdiction within the United States.
· Seek emergency preliminary injunctive relief or temporary restraining orders in any state or federal court of competent jurisdiction to halt the ongoing infringement, unauthorized misappropriation, or violation of its intellectual property rights, patents, copyrights, or corporate trademarks.
12. Miscellaneous Legal Provisions
12.1 Independent Contractor Status and Relationship Dynamic
The relationship between Truevois and the Business User established by these Business Terms is strictly that of independent corporate contracting parties. Nothing contained within this agreement shall ever be interpreted, construed, or implied to create any partnership, joint venture, employment relationship, franchise structure, or formal agency arrangement between the parties. Neither party possesses any legal right, authority, or power to assume, create, or execute any financial obligation or operational liability on behalf of the other, or to bind the other in any contract or commercial deal with third-party consumers.
