VOICETUNE AI WEBSITE TERMS OF USE

Welcome to VoiceTune AI (“VoiceTune”, “We”, “Us” or “Our”) and our Terms of Service (“Terms”). We have created a speech synthesis webservice that automatically converts text into speech (“Services”) available to users (“Users”, “You”, “Your” each of which includes your employees, agents and representatives) of our website www.voicetune.ai and any related VoiceTune API and/or applications (“Website”). At all times, you own and are responsible for the content you use to create the audio files.

For information, we are VoiceTune AI Limited, a company incorporated in Ireland with registration number 716079 and headquartered at 34 Merrion Woods, Stillorgan Road, Dublin, A94 N963, Ireland.

Ordered list

1. USE OF THE WEBSITE

  1. Please read these Terms carefully before using the Website and our services. By using the Services and/or accessing, using or downloading material from the Website, you are accepting these Terms (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You confirm that you are of sufficient age to lawfully use the Website and Services, enter into a contract and to create binding legal obligations for any liability you may incur as a result of your use of the Website and Services. If you do not agree to these Terms, please do not use this Website or Services. A hyperlink to these Terms of Use is prominently displayed at the bottom of the Website homepage.
  2. We reserve the right in our sole discretion and at any time and for any reason, to modify, suspend or discontinue any aspect or feature of the Website and Services or to modify these Terms. Please note that the Terms may vary from time to time and that your continued use of the Website following such change constitutes your acceptance of the new Terms. Material changes shall be notified via the Website. You agree that VoiceTune will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.
  3. When you use the Services or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

2. ACCOUNT REGISTRATION

  1. To use some of the Services or features on the Website, you may need to register and provide various personal details. Please note you must be over 18 years of age to register. Only registered Users are authorised to access the restricted portions of the Website. As part of the registration process you will create a user name and password. Your user name will be your e-mail address. The User will ensure users are either the User himself/herself, their employees, representatives or agents and that each user has a unique login. You must ensure that you keep your user name and password in a safe and secure place with passwords changed regularly and that you do not disclose them to anyone as you will be fully responsible for all activities which occur under your user name and password. Furthermore the User acknowledges that sharing user logins will be deemed as a material breach of these Terms which is not capable of remedy. All Users seeking to set up an account must be human and we strictly forbid any use of bots, scripts, etc., with the Website or Services.
  2. You agree to provide current, truthful, accurate and complete information when you register with, and as you use, the Services and Website (“Registration Data”) in order to allow VoiceTune to provide the Services and retain records relating to same and to this end, you agree to update your Registration Data to keep it accurate and complete. You agree that VoiceTune may store and use the Registration Data you provide for use in maintaining your account and in accordance with our privacy policy.
  3. It is your responsibility to immediately notify us of any unauthorised use of your user name and password or any other breach of security as soon as you become aware of it. You shall be responsible for the acts and omissions of any of your employees, agents or representatives who access the Services, as though they were your acts and omissions. You agree to indemnify and hold us harmless against any claims, costs, losses, damages or liability arising from the acts or omissions of employees, agents or representatives.

3. FEES

  1. We offer our Services under several different plans to suit your needs. You may be offered Pay-as-you-go or you may agree to sign up for paid Services (“Subscription”). If so, you agree to pay the applicable fees and to any additional terms specific to your Subscription. Failure to pay these fees will result in the termination of your Subscription.
  2. In order to subscribe or make Pay-as-you-go payments, you will need a valid credit card. For more information about how we handle credit card and other personally identifying and sensitive personal information you may provide us, please read our Privacy Policy.
  3. Subscriptions will be billed monthly starting on the day you sign up and then monthly thereafter. If you upgrade your plan, you will be billed immediately upon upgrading and then on that same date each subsequent month. Each bill paid ensures your access to portions of the Services that require payment for the next month. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. We treat everyone equally, so no exceptions will be made.
  4. If you purchase a Subscription, your payment method automatically will be charged at either the start of each Subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
  5. Downgrading your Account may cause the loss of content or features available to you at your current plan but we are not, and will not be held to be, liable for such loss. If you exceed your Subscription plan’s limits (e.g. you have created more audio files than allotted), your access may be restricted and you will need to upgrade to the next available plan.
  6. If your billing method expires or changes, and you do not edit or update your billing information or cancel your account, we will send you a single courtesy notice regarding billing information discrepancies. If you fail to provide us with updated billing information more than three (3) days after notice is sent, we reserve the right to disable and terminate access to your account. You authorize us to continue billing during this notice period, and you will remain responsible for any uncollected amounts.
  7. If you decide to cancel your Subscription, you will still have access to your Subscription until the day of expiration and will be charged accordingly.

4. SUPPORT

5. RESTRICTION OF ACCESS AND TERMINATION

  1. We reserve the right in our sole discretion (acting reasonably) and at any time to terminate, restrict or suspend your access to the Website and Services for any reason including, without limitation if you have failed to comply with these Terms. You agree that VoiceTune shall not be liable to you or any third party for any termination or suspension of your account or for blocking your access to the Website and Services. Upon termination, your right to use the Website and Services will immediately cease and you shall discharge all amounts due and owing by you up to the date of termination. If you wish to terminate your account, you may follow the instructions on your account to do so.
  2. Any restriction or suspension shall not affect your obligations to us under these Terms and shall be without prejudice to any accrued rights of either Party. The provisions of these Terms which by their nature should survive the suspension or restriction shall survive including, but not limited to indemnities, releases, disclaimers, limitations on liability, choice of law, and all of the Miscellaneous provisions in these Terms.

6. INTELLECTUAL PROPERTY RIGHTS AND CONTENT

  1. The Website contains information, including, without limitation, all text, graphics, photographs, graphs, designs, sounds, data, Content, images, audio, video, page layouts and headers, software (including HTML and other scripts), buttons, and other icons, trademarks and the arrangement and compilation of this information (collectively, the “Information”) that is either owned or licensed by VoiceTune.
  2. You acknowledge and agree that VoiceTune and/or its licensors own all Information and Intellectual Property Rights in the Services and available on the Website. Except as expressly stated herein, these Terms do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Website or Services.
  3. Our Services allow you to generate audio files with AI voice models (“Output”) from text you have supplied (“Input”). The AI voices themselves are proprietary to VoiceTune AI and shall not be owned by a User. The Output, i.e. audio files in MP3, WAV, and/or OGG format, is provided to you for your own personal use provided you are in compliance with these terms including payment obligations. Input and Output are collectively “Content.”
  4. As between the parties and to the extent permitted by applicable law, and subject to clauses 6.1, 6.2 and 6.3, you own all Input, and subject to your compliance with these Terms, VoiceTune hereby grants to you a royalty-free, non-exclusive, worldwide and revocable license to the Output.
  5. VoiceTune may store and use Content that is processed by VoiceTune as necessary to provide, develop, maintain and improve the Services, comply with applicable law, and enforce our policies and you grant us a non-exclusive, worldwide, royalty free, irreovocable license to use Content for these purposes. Notwithstanding these rights, you are responsible for Content, including for ensuring that your own and your end users and customers use of Content does not violate any applicable law, rights of third parties, or these Terms.
  6. Due to the nature of machine learning, Output may not be unique across Users and the Services may generate the same or similar output for VoiceTune or a third party. For example, you may provide an input text that reads “Hi, nice to meet you”, and receive an output of a voice recording speaking the message. Other users may also input the same text, choose the same voice, and receive the same output. Output that is requested by and generated for other Users are not considered your Content.
  7. We do not pre-screen any User Input, but we do have the right (but not the obligation) in our sole discretion, to refuse or to remove any Input and in such circumstances we will have no obligation to refund any amounts previously paid by you. You expressly represent and warrant to us:
    - your Input is yours (you own it) or you have the right to use it and to grant us the limited rights and license as provided in these Terms in order to perform the Services; and
    - your posting of Input on or through the Services does not violate the privacy rights, publicity rights, Intellectual Property Rights, contract rights, consent rights, or any other rights of any person.
  8. You can remove your own Content by specifically deleting it. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of the Content.
  9. If you create or have us create on your behalf your own customised voice as may be available within the Services (“Custom Voice”) from time to time, additional terms and conditions shall apply as notified in writing.  By using our Custom Voice Services, you grant permission to VoiceTune and its affiliates to use the data you provided for research and development purposes to further improve the technology, products, and Services.
  10. We welcome feedback, comments, and suggestions for improvements to the Services. You can submit feedback by emailing us at feedback@voicetune.ai. You grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.
  11. For the purposes of these Terms, when we refer to “Intellectual Property” we mean patents, trade marks, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, copyright (including rights in computer software), secret formulae and processes, other proprietary knowledge and information, internet domain names, rights protecting goodwill and reputation, database rights (including rights of extraction) and all rights and forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all rights under licences and consents in respect of any of the rights and forms of protection mentioned in this definition (and “Intellectual Property Rights” shall be construed accordingly).

7. RESTRICTIONS AND THIRD PARTIES

  1. VoiceTune grants you a limited, revocable, non-exclusive and non-transferable right to access the Website and use the Services, subject to these Terms.
  2. The Website, Services, Output and Information is made available for your personal and commercial use. Unless separately and specifically authorised in writing by VoiceTune and save as otherwise provided for herein, you may not: (i) sell, rent, lease, licence, sublicence, distribute, reproduce, create derivative works, adapt, print, assign, host, or time-share the Website, Services, Information, Output, or any part thereof; (ii) copy, publicly display, publish, modify, transfer, download, or store the Website, Services, Information, or any part thereof.
  3. Furthermore, except as expressly permitted in these terms, you may not: (i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Information; (ii) circumvent, disable or otherwise interfere with security-related features of the Website; (iii) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Information for any purpose without our express written permission; (iv) collect or harvest any personal data or personally identifiable information from the Website including, without limitation, user names, passwords, email addresses; (v) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same; (vi) decompile, reverse engineer, or disassemble any portion of the Website; (vii) use network-monitoring software to determine architecture of or extract usage data from the Website; (viii) encourage conduct that violates any local, state, federal law or international law, impersonate others, use a false email address, or misrepresent your affiliation with others; (ix) access the Website or use the Services and Output in order to build a similar or competitive website, product, or service, (x) use the Website and Services to send unsolicited or unauthorized advertising, promotional, marketing or other spam communications, or (xi) engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
  4. You agree to use the Website and Services for lawful purposes only. When using the Website and Services, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law. You agree not to collect, upload, display, distribute post or transmit any information or Content through the Website or associated websites or use the Services in any which (a) infringes or violates our Intellectual Property Rights, or infringes or violates the rights of others including but not limited to their, intellectual property, privacy or publicity rights, (b) is unlawful, threatening, abusive, defamatory, discriminatory, libellous, false or misleading, vulgar, obscene, pornographic, harmful to minors in any way, profane, indecent or otherwise objectionable, (c) is protected by copyright, trademark or other proprietary right without express written permission of the owner of such right, (d) contains unauthorised or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm caused by your use of the Website, Services or Information.
  5. Third-Party Links & Ads. The Website may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any such third-party websites or their services. VoiceTune provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites that you visit.
  6. Other Users. Each User is solely responsible for any and all of its own Input and how they use our Services. Because we do not control User’s Input, you acknowledge and agree that we are not responsible for any such Input, whether provided by you or by others. We make no guarantees regarding the accuracy, suitability, or quality of any User Input. Your interactions with other Users are solely between you and such Users. You agree that we will not be responsible for any claims, losses or damages howsoever arising in respect of any User’s Input or how they use our Services. If there is a dispute between you and any other User, we are under no obligation to become involved.
  7. Subject to applicable law, you hereby release and forever discharge VoiceTune (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website (including any interactions with, or act or omission of, other Users or any Third-Party Links & Ads).

8. INDEMNITY

9. LIMITATION OF LIABILITY

  1. Nothing in these Terms limits or excludes liability of either party in respect of any claims for death or personal injury caused by negligence, fraud or any other liability which cannot be excluded or limited by law.
  2. To the maximum extent permitted by applicable law, VoiceTune will not have any liability to you for any loss of profits, loss of business, loss of data, loss of use, loss of goodwill, or for any indirect, special, incidental, punitive, or consequential damages of any kind however caused and under any theory of liability whether or not VoiceTune has been advised of the possibility of such.
  3. Subject to sections 9.1 and 9.2, in no event whatsoever shall the maximum aggregate liability of VoiceTune , whether arising for breach of contract, misrepresentation (whether tortuous or statutory), tort (including negligence), breach of statutory duty, warranty, strict liability or any other legal theory howsoever arising, under or in connection with these Terms exceed the total amounts actually paid to voicetune for the services in the three (3) month period immediately preceding the event giving rise to such claim up to a maximum amount of €10,000, or one hundred euros (€100), if you have not had any payment obligations to voicetune, as applicable.

10. DISCLAIMER

  1. Use and access to the Services and Website requires: (i) compatible devices; (ii) internet access; (iii) certain software (for which fees may apply); (iv) may require periodic updates; and (v) may be affected by the performance of these factors. High speed internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the Website and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.
  2. You acknowledge and agree that no warranties of any kind are made with respect to the Website, Services or information and you acknowledge that the Website, Services and Information are provided to you on an “as is, with all faults” basis. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
  3. VoiceTune does not guarantee, represent or warrant that your use of the Website and Services will be uninterrupted or error-free and you agree that from time to time VoiceTune may prevent access to the Website and Services for indefinite periods of time, without notice to you. No warranty is made that the Website and Services will meet your requirements.

11. PERSONAL DATA

12. CONFIDENTIALITY

  1. Each party agrees and undertakes that while using the Website and Services it shall keep confidential and shall not use for its own purposes, nor without the prior written consent of the other party disclose to any third party, all information of a confidential nature (including, without limitation, information relating to a party’s products, operations, processes, plans or intentions, product information, know-how, design rights, trade secrets and information of commercial value) which may become known to that party from the other party (“Confidential Information”), unless the information is public knowledge or already known to that party at the time of disclosure or subsequently becomes public knowledge other than by breach of these Terms or subsequently comes lawfully into the possession of that party from a third party.
  2. To the extent necessary to implement the provisions of these Terms, each party may disclose Confidential Information to those of its employees and contractors as may be reasonably necessary or desirable, provided that before any such disclosure each party shall make those employees and contractors aware of its obligations of confidentiality under these Terms and shall at all times procure compliance by those employees and contractors with them.

13. GENERAL

  1. The failure or delay by a party to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at time or times thereafter.
  2. If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
  3. Unless otherwise expressly provided, no provision of these Terms is intended or shall be construed to confer upon or give to any person or entity other than VoiceTune and you any rights, remedies or other benefits under or by reason of these Terms.
  4. The headings used in these Terms are for convenience only and shall not affect the meaning or scope of these Terms or otherwise be given other legal effect.
  5. You agree that VoiceTune shall carry no responsibility for non-fulfilment or delayed fulfilment of the Services owing to a force majeure event, including but not limited to, war, acts of terrorism, riots, civil unrest, intervention by government or public authorities, fire, strike or lock-out, export and/or import bans, failure in telecommunications services and networks, shortage of labour, fuel or power, pandemic, epidemic or any other cause beyond the control of us which may delay or impede the Services.
  6. You agree that no joint venture, partnership, employment, or agency relationship exists between you and VoiceTune as a result of these Terms or your use of this Website.
  7. VoiceTune Privacy Policy as accessed through the Website shall form part of these Terms.
  8. These Terms and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of Ireland. The parties irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms, its subject matter or formation (including non-contractual disputes or claims).
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