Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the VAY application (“the App”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App. These Terms constitute a legal agreement between you and VAY Foundation (“VAY,” “we,” “us,” or “our”).

2. Service Description

VAY is a voice-first messenger providing end-to-end encrypted audio calls, video calls, and text messaging. The App includes Pilot, a built-in observer that monitors network quality, call stability, and app health to help ensure a reliable communication experience. VAY does not read, listen to, or store the content of your communications.

3. Eligibility

You must be at least 13 years old to use VAY. If you are under the age of majority in your jurisdiction, you may use VAY only with the involvement and consent of a parent or legal guardian. To subscribe to paid features (Business or First tier), you must be at least the age of majority in your jurisdiction or have authorization from a parent or legal guardian who agrees to these Terms.

4. Account Types

5. Subscriptions & Payments

VAY offers the following paid subscription tiers:

• • All subscriptions are billed through the Apple App Store as auto-renewable subscriptions.
• • Payment is charged to your Apple ID account at confirmation of purchase.
• • Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period.
• • You can manage or cancel your subscription at any time through your device's Settings → Apple ID → Subscriptions, or through the App Store.
• • Refunds are handled by Apple in accordance with Apple's refund policy.
• • No refunds are provided for partial subscription periods upon cancellation. Access continues until the end of the current billing period.

6. Acceptable Use

You agree not to use VAY to:

• • Engage in any illegal activity or solicit the performance of any illegal activity.
• • Harass, abuse, threaten, or intimidate other users.
• • Send unsolicited bulk messages (spam) or automated messages.
• • Distribute malware, viruses, or any other malicious software.
• • Impersonate any person or entity, or falsely claim affiliation with any person or entity.
• • Attempt to gain unauthorized access to VAY's systems, other users' accounts, or data not intended for you.
• • Interfere with or disrupt the integrity or performance of the Service.
• • Use VAY for commercial solicitation without explicit permission from the recipient.

VAY Foundation reserves the right to investigate and take appropriate action against anyone who violates these provisions, including suspending or terminating their account.

7. Content & Intellectual Property

You retain full ownership of the content you create and share through VAY. By using the Service, you grant VAY a limited, non-exclusive, royalty-free license to transmit, relay, and temporarily store your encrypted content solely for the purpose of delivering it to intended recipients.

The VAY application, its design, branding, code, and all associated intellectual property are owned by VAY Foundation. You may not copy, modify, distribute, sell, or lease any part of the App or its content without our written permission.

8. Encryption & Panic PIN

VAY uses SFrame end-to-end encryption for all Free tier and above users. Because encryption keys exist only on your device, VAY cannot recover your messages or call content under any circumstances, including at the request of law enforcement. You are solely responsible for the security of your device and encryption keys.

Business and First tier users have access to the Panic PIN feature, which activates a decoy mode when entered. Use of the Panic PIN and its consequences (including potential data loss) are your sole responsibility. VAY Foundation is not liable for any data loss resulting from Panic PIN activation.

9. Termination

VAY Foundation may suspend or terminate your account if you violate these Terms, engage in activity harmful to other users or the Service, or if required by law. We will make reasonable efforts to notify you before termination where possible.

You can delete your account at any time through the App (Settings → Delete Account) or by emailing delete@vay.foundation. Upon account deletion, all associated data is removed in accordance with our Privacy Policy. See our Account Deletion page for full details.

10. Limitation of Liability

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VAY FOUNDATION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL VAY FOUNDATION'S AGGREGATE LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO VAY IN SUBSCRIPTION FEES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.

12. Apple Licensed Application End User License Agreement

The App is licensed, not sold, to you. Your use of the App is also subject to the terms and conditions of Apple's Licensed Application End User License Agreement (“Apple EULA”), available at apple.com/legal/internet-services/itunes/dev/stdeula. In the event of any conflict between these Terms and the Apple EULA, the Apple EULA shall prevail with respect to your use of the App obtained through the Apple App Store.

You acknowledge that Apple has no obligation to furnish any maintenance and support services with respect to the App. To the extent any maintenance or support is required, VAY Foundation, not Apple, is solely responsible for providing such services.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you through the VAY app and update the “Last updated” date at the top of this page. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

14. Contact

If you have questions about these Terms, contact us at: