Terms of Service

1. Agreement and authority

These terms are between Custavox (“Custavox,” “we,” “us”) and the institution using the service (“you”). By creating an account or using Custavox, you agree to them on behalf of your institution and confirm you have the authority to do that. If you don’t have that authority, don’t create the account. If we have signed a separate agreement with you, that agreement controls where it conflicts with these terms.

2. Who may use the service

Accounts are for your institution’s staff and anyone you invite. You are responsible for everyone you give access to, and for removing access when someone leaves.

Your employees may also be asked to fill in a profile describing their role without creating an account, by following a link you share with them. Anything they submit belongs to your institution and is visible to you.

3. What the service is

Custavox analyzes customer feedback you provide and produces summaries, scores, attributions and recommended actions. It is a decision-support tool.

It does not make decisions for you, and it is not legal, compliance, regulatory, financial, personnel or investment advice. The judgment about what to act on stays yours.

4. AI-generated output

Parts of the product are produced by an AI model working from the feedback you upload. To do this, short excerpts of that feedback are sent to our AI provider; details are in our Privacy Policy.

AI output is an inference, not a finding of fact. Attributions can be wrong, patterns can be coincidental, and dollar figures are estimates built on assumptions you can see and change. Review it before you rely on it, and don’t use it as the sole basis for a decision that materially affects a person.

5. Decisions about your employees

Custavox attributes customer feedback to named employees and shows patterns in it. That is a record of what customers said, not a performance evaluation, and it is not designed or validated as one.

You are solely responsible for any employment decision — coaching, discipline, compensation, promotion or termination — and for complying with employment law, your own policies, and any applicable collective agreements. You are responsible for telling your employees that you use Custavox to the extent the law requires it.

6. Your data and your responsibilities

Your data stays yours. You grant us only the permission we need to host and process it in order to provide the service to you, and to keep backups. We don’t sell it, we don’t use it to train AI models, and we don’t use one institution’s data to serve another.

You confirm that you have the right to give us everything you upload, including feedback written by your customers, and that you have given whatever notices and obtained whatever consents the law requires. Those people have no relationship with us; we handle their information on your instructions.

You agree not to upload account numbers, balances, transaction records, Social Security numbers, card or routing numbers, dates of birth, or credentials. The service does not need them and has nowhere to put them.

7. Acceptable use

• Don’t use Custavox to break the law or infringe anyone’s rights.
• Don’t attempt to access another institution’s data.
• Don’t probe, scrape, overload, or reverse-engineer the service, or use automated means to extract data from it.
• Don’t share credentials or let people outside your institution use your account.
• Don’t upload malware or attempt to interfere with security or availability.
• Don’t resell the service or use it to build a competing product.

We may suspend access immediately if we believe this section has been violated.

8. Accounts and security

You’re responsible for activity under your account and for keeping credentials secure. Tell us promptly if you believe an account has been compromised. We will tell you without undue delay if we become aware of a breach affecting your data.

9. Confidentiality

Each of us may learn confidential information about the other. We will each protect it with at least reasonable care, use it only to perform under these terms, and not disclose it except to people who need it and are bound to keep it confidential, or where the law requires disclosure. Your data is your confidential information.

10. Service providers

We use a small number of vendors — hosting and database infrastructure, and an AI provider — to run the service, and they may process your data only to provide their service to us. We remain responsible for their performance. Call us for the current subprocessor list if your vendor review needs it.

11. Fees

Paid plans are billed as described in the order or quote you agree to. Free or trial access, where offered, may be changed or discontinued. We’ll give you notice before a price change affects a term you’ve already paid for.

12. Availability and changes

We work to keep Custavox available and improve it continuously, which means features change. We’ll give reasonable notice before removing something you depend on. We don’t promise uninterrupted service unless we’ve agreed to a specific service level with you in writing.

13. Termination and getting your data back

You can stop using Custavox and close your account at any time. We may suspend or terminate access if these terms are breached, or if required by law. For 30 days after termination you can ask us for an export of your data; after that we delete it as described in the Privacy Policy.

14. Intellectual property

The service — its software, design, and the methods behind the analysis — belongs to us, and nothing here transfers ownership of it to you. Your data, and the output generated from your data, belong to you.

If you send us ideas or suggestions about the product, we may use them without obligation to you. We may use aggregated, de-identified statistics that cannot identify you, your employees or your customers to operate and improve the service.

15. Publicity

We won’t use your name or logo publicly as a customer without your written permission.

16. Disclaimers

Custavox analyzes text and surfaces patterns. Its output is an estimate, not a certainty. Except as expressly stated in these terms, the service is provided “as is” and “as available,” and to the maximum extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement.

17. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for all claims is limited to the amounts you paid us in the twelve months before the event giving rise to the claim.

These limits do not apply to your obligations under Section 18, or to either party’s breach of Section 9.

18. Indemnification

You agree to defend and indemnify us against third-party claims arising from your use of the service, the data you upload, your violation of these terms, or your violation of law or a third party’s rights — including claims by your employees or your customers relating to data you provided to us.

19. Dispute resolution

Please read this carefully; it affects your legal rights. Except for small-claims matters and claims for injunctive relief to protect intellectual property or confidential information, you and Custavox agree to resolve disputes through binding individual arbitration rather than in court, and to bring claims only on an individual basis and not as part of a class or representative proceeding.

20. Governing law

These terms are governed by the laws of the State of Iowa, United States, without regard to conflict-of-law rules. Where arbitration does not apply, the state and federal courts located in Iowa have exclusive jurisdiction.

21. General

Neither party is liable for delays caused by events outside its reasonable control. You may not assign these terms without our consent; we may assign them to a successor in a merger or sale of assets. If a provision is unenforceable, the rest stays in force. These terms, together with any agreement we’ve signed with you, are the entire agreement between us. Sections that by their nature should survive termination — including 6, 9, 14, 16, 17, 18, 19 and 20 — do.

22. Changes to these terms

If we update these terms we’ll change the date at the top of this page and tell you directly if the change is significant. Continuing to use Custavox after that means you accept the update.

23. Contact

Questions about these terms, or a request for our subprocessor list or data-processing terms: call us at (515) 460-4911.