These Terms of Service ("Terms") govern your use of vochay, a service of FLOCKFACTOR LLC (doing business as "vochay"). By creating an account or using the service, you agree to these Terms on behalf of your business. We've written them in plain English — if anything is unclear, just ask.
vochay helps local businesses collect reviews. After you serve a customer, you add that customer's name and mobile number, and vochay sends them a text inviting them to leave a public Google review or send you private feedback. The two options are presented side by side, with neutral wording, so the customer chooses freely.
vochay provides the software and the text-messaging infrastructure, including registering a messaging campaign on your behalf with mobile carriers. You are responsible for the customers you add, your consent to contact them, and the content of any messages you configure.
This is the most important section of these Terms. Because vochay sends messages on your behalf to your customers, the law (including the federal Telephone Consumer Protection Act, or "TCPA," and mobile-carrier rules) places consent responsibility on you, the business sending the messages.
By adding or importing any customer and enabling messaging, you represent and warrant, for every contact, that:
vochay automatically appends your business name and STOP/HELP instructions to messages, suppresses opt-outs so a customer who opts out of your messages is not re-enrolled by your business, and honors revocation of consent within ten (10) business days, consistent with the TCPA. You agree not to circumvent these protections. You are solely responsible for compliance with the TCPA and all applicable messaging laws as to the contacts you enroll, and you accept the liability that follows from that responsibility (see Indemnification).
You agree not to use vochay to:
We may suspend or terminate accounts that abuse the service, violate these Terms, or put our messaging reputation at risk.
vochay is built to be compliant by design. We show every customer the public Google review option and the private-feedback option together, as co-equal choices. We do not screen customers by sentiment, we do not ask "how was it?" before deciding which option to show, and we do not hide, delay, or suppress the public review path for anyone. There is no setting that turns this off.
This approach is intended to keep both you and vochay on the right side of Google's review policies and the FTC's Rule on the Use of Consumer Reviews and Testimonials (16 CFR Part 465, effective October 21, 2024), which prohibits review suppression and conditioning incentives on the sentiment of a review. You agree not to use vochay, or any other method, to suppress, gate, or selectively solicit reviews based on how positive or negative they are likely to be.
vochay is $99 per month, all-in — text messaging included, no setup fee, no long-term contract. Founding clients (the first 50) lock in a rate of $49 per month for as long as their subscription stays active. Pricing for new sign-ups may change over time, but a change will not affect your locked founder rate while your subscription remains continuously active.
Subscriptions are billed in advance through our payment processor (Stripe) and renew automatically until canceled. You can cancel anytime from your settings. Cancellation stops future charges; fees already paid are non-refundable and we do not pro-rate partial months, except as expressly stated in the Guarantee below or as required by law. If a payment fails, we may pause messaging and prompt you to update your payment method, and may suspend the account if it remains unpaid.
Your plan includes a generous monthly allowance of review requests that covers virtually every single-location business. If your usage materially exceeds that allowance, we'll let you know and discuss options before any overage applies.
vochay offers a results-based money-back guarantee for new clients. The intent: if you actively use vochay during an initial period and don't get a baseline number of new Google reviews, you can get your money back.
When finalized, the guarantee will be the sole remedy for not achieving the stated review result, will require that you met the usage condition, and will be limited to a refund of fees you paid for the qualifying period.
You agree to defend, indemnify, and hold harmless FLOCKFACTOR LLC (DBA vochay) and its owner from and against any claims, damages, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of the consent representations in the "Customer consent & SMS" section; (b) your enrollment of any contact who did not consent, or any pre-service or historical contact; (c) your violation of the TCPA, carrier rules, Google's policies, the FTC review rules, or any other law; or (d) the content of messages or review solicitations you configure. This is the practical effect of you, not vochay, holding the relationship with and consent of the people you text.
We work hard to keep vochay running, but we do not guarantee uninterrupted or error-free service. Text delivery also depends on mobile carriers and third-party providers, which are outside our control, and on each client's own messaging campaign being approved by carriers before sending can begin. We may perform maintenance and change features over time.
vochay is provided "as is" and "as available," without warranties of any kind, express or implied, to the fullest extent permitted by law.
We do not guarantee any particular number of reviews, ratings, or business outcomes, except as expressly stated in the Guarantee section once its terms are finalized. Results depend on factors outside our control, including how many requests you send and how your customers respond.
vochay is not affiliated with, endorsed by, or sponsored by Google. "Google" and "Google Reviews" are trademarks of Google LLC. Your use of Google's services remains subject to Google's own terms and policies.
To the fullest extent permitted by law, vochay is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total liability for any claim arising out of or related to the service is limited to the amount you paid us in the three (3) months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.
You may stop using vochay and cancel at any time. We may suspend or terminate your access if you breach these Terms, misuse the service, or create legal or deliverability risk. On termination, your right to use the service ends; sections that by their nature should survive (including consent representations, indemnification, disclaimers, liability limits, and governing law) will survive.
We may update these Terms as the service evolves. If we make a material change, we will update the "Last updated" date and, where appropriate, notify you. Continuing to use vochay after a change means you accept the updated Terms.
These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-law principles. You agree that any dispute arising out of or relating to these Terms or the service will be brought exclusively in the state or federal courts located in Ohio, and you consent to the personal jurisdiction of those courts.
Questions about these Terms? Email hello@vochay.com, or write to FLOCKFACTOR LLC (DBA vochay), [BUSINESS MAILING ADDRESS — Ohio].
This document is a starting template, not legal advice. It has not been reviewed by an attorney. The customer-consent representations, the indemnification clause, and the guarantee terms are the provisions that most affect your liability — have a lawyer review them before you rely on this document.