Creator Terms of Service

Last updated: 

June 2, 2022

This Creator’s Terms of Service and Use Agreement (“Terms”) governs your use as a Creator user of the Voca App site offered by Voca App Inc., doing business as Voca App (“we”, “us”, or ) including our website (thevoca.app), mobile application (“App”), and services we provide (collectively, the “Site”). “You” and “Creator” refer to you as a Creator user of the Site.

These Terms apply solely to Creator Users of our Site. Any use by you of our Site other than as a Creator User is governed by the VOCA APP GLOBAL TERMS OF SERVICE AND USE FOR ALL USERS (“Site Terms”).

PLEASE READ THESE TERMS CAREFULLY. By using our Site as a Creator User or otherwise indicating your acceptance, you represent and warrant you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Site as a Creator.

These Creator Terms are additional and not intended to replace or substitute for the Site Terms. These Creator Terms may expressly change a specific provision of the Site Terms for Creators. There are no implied modifications of the Site Terms.

LIMITATIONS OF RIGHTS NOTICE. Sections 17 and 18 of the Global Terms comprise provisions governing how claims between you and Voca App are resolved (including limits of our liability, where claims may be litigated, and the time to sue), including any claims that arose or were asserted before the “Last Updated” date at the top of these Terms.

  1. Definitions in the Creator Terms:
  2. A capitalized (or other) term not defined here has the same definition given to it under the Site terms.
  3. “Organization” refers to an individual, partnership or corporation conducting business or any entity or other organized body of people with a particular purpose.
  4. “Booking Fee” refers to the price you set for each Voca (per minute price) and any other offering you make available through our Site.
  5. “Net App Booking Fee” refers to the amount received by Voca App after subtracting any payment to or deduction by the application platform from the Booking Fee (for example, on In-App Purchases made through Apple’s payment processor, Apple deducts a 30% commission).
  6. “Creator Content” refers to content you upload, submit, store, send, transmit, approve, receive, and create, including Voca App Voca and Videos/Recordings
  7. “You” means you as a user of our Site.
  8. Registration. To use our Site as a Creator, you must register for a Voca App account, then list events for other users to book:
  9. Creator Users age 18 or older: By registering, you represent and warrant that: (i) you are of legal age and capacity to form a contract; (ii) you are not barred from using our Site under the laws of the United States, the laws of the place of your residence; (iii) and you are will comply with all laws and regulations relating to your use of our Site and will indemnify the Voca App Parties for any failure to do so.
  10. Creator Users at least 16 years of age may register directly. By registering, you represent and warrant that: (i) you are at least 16 years old and, are registering with the supervision and with the consent of your parent or legal guardian, who also agrees to these Terms; (ii) you are of legal age to form a contract; (iii) you, and your parent or legal guardian is not barred from using our Site under the laws of the United States, your place of residence, and the place of residence of your parent or legal guardian, or any other applicable jurisdiction; and (iv) you and your parent or legal guardian will comply with all laws and regulations relating to your use of our Site and will indemnify the Voca App Parties for any failure to do so.
  11. Creator Users under 16 years old, may register only through a parent or legal guardian who, by registering, represents and warrants that: (i) he or she is the parent or legal guardian of the Creator and agrees to these Terms; (ii) neither the parent or legal guardian nor the Creator is barred from using our Site under the laws of the United States, the place of residence of the parent, legal guardian, or Creator User, or any other applicable jurisdiction; and (iii) he or she will comply with all laws and regulations relating to Creator’s use of our Site and will indemnify the Voca App Parties for any failure to do so.
  12. Organizations. By registering, the Organization represents and warrants that: (i) the registrant is the authorized representative of the Organization (and, if the registrant is below the age of 18, is registering with any consent required of the registrant’s parent or legal guardian and agrees to these Terms; (ii) neither the Organization nor the registrant is barred from using our Site under the laws of the United States, the place of residence of the Organization or any registrant or any other applicable jurisdiction; and (C) Organization will comply with all laws and regulations relating to Organization’s use of our Site under these Terms and will indemnify the Voca App Parties for any failure to do so.
  13. Fees and Payment to Creators.
  14. Booking Fee: You set your own price for each Voca (per minute) and any other offering you make available through our Site provided that: (i) the Booking Fee for each Voca App Voca must be at least $1.00 (unless it is US $0.00 for a Voca booking of five minutes or less), or as otherwise agreed in writing by us; (ii) your price on the App for iOS must be an available Apple SKU; (iii) where there is no identical Apple SKU, your price will be the Apple SKU closest to the price you set. The Booking Fee excludes any service, transaction, or processing fees paid to Voca App.
  15. Fees: We will pay you 80% of the Booking Fee actually received by Voca for each Voca or other Voca App product offering you create, except that with a Booking Fee paid through the App, we will pay you 80% of the Net App Booking Fee. In addition, if the offering permits a User to designate an additional amount as a “tip”, we will pay you 80% (unless we agree in writing to a different percentage) of any amount paid by a User via our Site as a "tip" (after subtracting any payment to or deduction by the application platform).
  16. Fees and Payment Representations and Warranties. You represent and warrant or otherwise agree that:
  17. (i) Vocas and Videos/Recordings are not, and are not intended to be, covered by any guild, union, collective bargaining, management, agency, or similar agreement and there will be no residual or any other payment due from Voca App to you, to any third party, guild, union, management, or agent, or under any collective bargaining agreement, in connection with any Voca App Offering, payment from us to you, or our Site;
  18. (ii) Voca App is not responsible for, and will make no deduction to payments made to you for any fees, commissions, costs, expenses, or payments to, or regarding any third party, including any manager, agent, attorney, representative, or service provider, in connection with any revenue earned by or payments made to you in connection with our Site; and
  19. (iii) Voca App is not responsible for any contributions, payments, taxes, or deductions for Social Security, retirement benefits, unemployment insurance, annuities, or pension or welfare fund payments required by law or any labor union, or any withholding or income taxes.
  20. Payment: You agree to
  21. (i) register with the third party payment provider selected by Voca App, which we may change at our sole discretion. You may not use a payment provider other than the one selected by us. You will provide the payment provider any information required to receive payments via the payment provider, e.g., information about the bank account you own at a regulated financial institution. Any payments due to you from Voca App will be made via the payment provider. If you do not provide the payment provider with all required information, you may not receive the payments due to you. Voca App will not be responsible for any damages, delays, losses, costs, expenses, or liabilities relating to your inability to receive payments because of your failure to provide such information.
  22. (ii) You acknowledge and agree that Voca App does not operate, own, or control the payment provider. Your use of any payment provider is subject to the terms and privacy policies of that payment provider. You agree that we are not responsible for any delay, failure, damage, or liability caused by a payment provider, any other third party, a force majeure, or your failure to timely or properly set up an account with the payment provider or otherwise provide requested
  23. information for payment. Other than with respect to any payment to or deduction by the application platform (as set forth in Section 3.b), Voca App will be responsible for fees, costs, and expenses in connection with the payment provider. Unless otherwise agreed, by Voca App in writing, you acknowledge and agree that you are solely responsible for any other fees, costs, and expenses, including regarding your bank account and foreign exchange fees.
  24. (iii) Notwithstanding anything to the contrary in these Terms, if Voca App, in its sole discretion, believes that any fraud, money laundering, or other violation of law or regulation is taking place on or in connection with our Site, you acknowledge and agree that we may withhold, delay, or seek repayment of any payments we believe, in our sole discretion, are related to the violation.
  25. Currency: Payments via the payment provider are in U.S. dollars unless the payment provider permits you to choose another currency and you do so.
  26. Fundraising: If you identify any entity on your booking page or elsewhere on our Site as a charitable organization or a recipient of any funds you are raising (each, a “Charity”), you represent and warrant:
  27. (i) that you will comply with all laws and regulations relating to that identification or the Charity, including making disclosures, registering, or entering into any agreement, such as a commercial co-venturer agreement;
  28. (ii) acknowledge and agree that we have the right in our sole discretion to reject your identification or the Charity;
  29. (iii) represent and warrant that the Charity is and will remain in good standing at all times the identification is used, that within 48 hours of your receipt of our request, you will provide us with written evidence of the Charity’s good standing and charitable status in all jurisdictions, and that you will promptly remove the identification if the Charity ceases to be in good standing;
  30. (iv) represent and warrant you will make any payment to the Charity (unless we expressly agree in writing in advance to do so on your behalf and to satisfy our payment obligations to you under these Terms); and
  31. (v) represent and warrant you have all rights necessary to authorize use of the Charity’s name and logo in connection with (and on) our Site, in the identification, and in any social and other media. You further acknowledge and agree that we may add a statement to your booking page disclaiming a connection between Voca App and the Charity, as we determine in our sole discretion.
  32. Creator Content.
  33. Your Creator Content is subject to the Intellectual Property (Section 12) and all other applicable provisions of our Site Terms.
  34. You agree that we may display advertising with or in connection with your Creator Content. You further acknowledge and agree that Voca App has no obligation to you in connection with any advertising displayed with our Site (including no obligation to share any advertising revenue received by Voca App).
  35. Right to Remove Creator Content: You acknowledge and agree that we cannot restrict the use of your Content, including Voca App Vocas Videos/Recordings or other Offerings by the Users for or with whom you created them or by any third party with whom they have been shared and we have no obligation to remove those uses (including from social media channels or third party websites or platforms). If we do seek to remove a Voca App Video/Recording from a social media channel or third party website or platform, we may notify you of our intent to do so. You will promptly notify us if you learn that any Creator Content is being used in violation of the Site Terms. We will reasonably cooperate with your efforts to address the violation. However, you acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to use of the Creator Content.
  36. Licenses: We may exercise our license rights under the Site Terms anywhere in the universe. We may sublicense our rights as needed to provide and promote our Site or otherwise under these Terms, and Users may sublicense their rights subject to the Site Terms. Finally, the licenses granted in the Site Terms are perpetual, meaning they continue after you stop using our Site.
  37. Creator Content Representations and Warranties. You represent and warrant that:
  38. (i) you own all rights in your Creator Content (or your contribution to it) and that you have the right to grant the rights described in the Site Terms;
  39. (ii) you have paid and will pay in full any fees, royalties, or other payments due or may become due with any use of your Creator Content by us, Users, or third parties as described in these Terms;
  40. (iii) your agreement to these Terms violates no agreement you may have with any third party;
  41. (iv) in connection with each Organization: (a) you are a resident of the U.S.; (b)any statements you make about the Organization are factually correct and not misleading, are not disparaging or defamatory, and represent your true opinion or knowledge; and (c) you will comply with all laws, rules, and regulations, including the Federal Trade Commission "Guides Concerning the Use of Endorsements and Testimonials in Advertising," which may require adding an appropriate hashtag (e.g. #ad, #sponsored) or other disclosure to the Organization’s Creator Content.
  42. (v) your Creator Content does not infringe, misappropriate, or otherwise use without authorization, any intellectual property, privacy, publicity, moral, or other rights of any third party, or violate any law, regulation, or court order;
  43. (vi) you will not post or make publicly available any Voca App Vocas Video/Recording that the Guest has requested not be posted to your page;
  44. (vii) you will not contact, respond to, or communicate with any User you meet on or through our Site, except as permitted through our Site.
  45. (viii) you will not provide your contact information to any User or send merchandise or anything else to a User other than as permitted by these Terms;
  46. (ix) you will not edit, change, modify, or remove any watermark or logo from any Voca App Video or assist or encourage any third party to do so;
  47. Treatment of Creator Content.
  48. (i) Any Creator Content not classified as “private” is non-confidential, non-proprietary, and must not contain or include any information which you do not have the right to disclose or that you do not wish to be disclosed. We will not be responsible or liable for any use or disclosure of Creator Content, including any personal information in that Creator Content.
  49. (ii) You acknowledge and agree that your relationship with us is not a confidential, fiduciary, joint-venture, employer/employee, agency, or other type of special relationship, and that your decision to use our Site or submit any Creator Content does not place us in a position that is any different from the position held by members of the general public, including regarding your Creator Content. We will not be liable or responsible for any use or disclosure of any Creator Content.
  50. Refusal and Removal of Creator Content: We may refuse to accept or transmit Creator Content without notice to you. We may remove Creator Content from our Site without notice to you.
  51. Cancellation of Site Account: If you terminate your Site account, you may, on at least three business days’ advance written notice to us, request we no longer include your Creator Content on our Site. We will make no new public use of them. We have no obligation as to any use of your Creator Content by Users for whom you created them or by any third party with whom they have been shared (including from social media channels or third party websites or platforms).
  52. Creator Relationship with Voca App.
  53. You and Voca App agree you and Voca App are in a business relationship. The relationship is solely an independent contractor relationship. You acknowledge and agree that you are not a joint venturer, franchisee, partner, agent, or employee of Voca App, and will not represent yourself as such. As an independent contractor using our Site to provide Content or other services to Guests, you are solely and exclusively responsible for determining the manner, method, details, and means of your performance under these Terms. You also retain the option to accept, decline, or ignore any Guest request. We have no right to, and will not, control the manner or determine the method of accomplishing your performance. You represent and warrant you are customarily engaged in an independently established trade, occupation, or business.
  54. You represent and warrant that (whether a Creator, parent or legal guardian of a Creator, an Organization, or otherwise) you assume sole responsibility and liability for and will pay or cause to be paid all contributions, payments, taxes, and deductions for Social Security, retirement or other benefits, healthcare insurance, unemployment insurance, annuities, pension and welfare fund payments required by law, regulation, or any labor union, and all withholding and income taxes, and make any reports required because of your use of our Site under these Terms.
  55. You are solely responsible for making any disclosure required by any law, regulation, court order or any agreement with any third parties to any person or entity regarding your performance under these Terms.
  56. Your relationship with Voca App is non-exclusive, including your right to provide similar Content or services to Voca App's competitors, and you may engage in other business or employment activities. Similarly, we can engage third parties to provide Content or services similar to those that you may provide under these Terms.
  57. Other Creator Terms. You agree that:
  58. We may record a public Voca App Vocas or any public Event, which we may edit or modify (for example, add music or captions and capture screenshots or excerpts). The Content may be included in a compilation with content from or featuring others.
  59. Unless we notify you otherwise, including modifying the Site Terms, any desired conditions, limitations, restrictions, on using any Voca App Voca you offer must be posted on your booking page.
  60. A Guest may end a Voca at any time. If a Voca is ended due to a violation of the Site Terms, you will promptly notify Voca App in writing at support@thevoca.app.
  61. If you end a Voca earlier than scheduled for any other reason, we may discuss with you an appropriate adjustment of the payment made to you. Any adjustments for early terminations and cancellations are subject to the Site Terms.
  62. Voca App may monitor any Voca, and retains the right, in its sole discretion, to terminate or cancel any Voca or block any User.
  63. Termination of Your Account. You may cancel your Site account at any time by contacting a member of our team at support@thevoca.app.