VoiceWave Studio Terms of Service

1. Acceptance of Terms

Welcome to VoiceWave Studio ("VoiceWave", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our Text-to-Speech (TTS) platform, website, APIs, and related services (collectively, the "Service").

By accessing or using the Service, creating an account, or clicking a button or checking a box marked "I Agree" (or similar), you signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms or the Privacy Policy, you must not access or use the Service.

If you are using the Service on behalf of an organization or entity ("Organization"), then you are agreeing to these Terms on behalf of that Organization, and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, "you" and "your" refer to that Organization.

2. Service Description

VoiceWave Studio provides a Service that allows users to convert text input ("Input Text") into synthesized audio speech ("Generated Audio") using various voices and parameters. The Service may be accessed via our website or through an Application Programming Interface (API), subject to your subscription plan and usage limits.

3. User Accounts

3.1. Registration

To access certain features of the Service, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form and to maintain and promptly update this information to keep it accurate, current, and complete.

3.2. Account Security

You are responsible for safeguarding your account password and any API keys associated with your account. You agree not to disclose your password or API keys to any third party. You are solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately of any unauthorized use of your account.

3.3. Age Requirement

The Service is not intended for users under the age of 13. By using the Service, you represent that you are at least 13 years old. If you are under 18, you must have your parent or legal guardian's permission to use the Service.

4. Use of the Service & License

4.1. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business or personal purposes, according to the features and limitations of your chosen subscription plan.

4.2. Acceptable Use Policy

You agree not to use the Service for any purpose that is unlawful or prohibited by these Terms. You agree not to:

• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation.
• Submit Input Text that is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
• Use the Service to create audio that infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy.
• Use the Service to impersonate or attempt to impersonate VoiceWave, a VoiceWave employee, another user, or any other person or entity.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service, without our prior written consent.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service or any software, documentation, or data related to the Service.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm VoiceWave or users of the Service or expose them to liability.
• Use the Service in a manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real-time activities through the Service (e.g., excessive API calls beyond documented limits or fair use).

5. User Content

5.1. Ownership

You retain ownership of the Input Text you submit to the Service. Subject to your compliance with these Terms and any applicable laws, you also own the Generated Audio created from your Input Text.

5.2. License to VoiceWave

You grant VoiceWave a worldwide, non-exclusive, royalty-free, fully paid-up license to access, use, process, copy, store, transmit, and display your Input Text and Generated Audio solely to the extent necessary to provide, maintain, and improve the Service for you, respond to your support requests, and as otherwise specified in our Privacy Policy.

Important Note: As stated in our Privacy Policy, we DO NOT use your Input Text or Generated Audio to train our general TTS models. Your data is processed only to fulfill your request.

5.3. Responsibility for Content

You are solely responsible for your Input Text and the consequences of using the Generated Audio. You represent and warrant that you have all necessary rights, licenses, consents, and permissions to submit the Input Text and to use the Generated Audio in the manner you intend, without violating any third-party rights or applicable laws.

6. Fees and Payment

6.1. Subscription Plans

Certain features of the Service may require payment of fees based on a subscription plan. We offer various subscription plans with different features, usage limits, and pricing. Details of current plans and pricing are available on our website.

6.2. Billing and Payment

You agree to pay all applicable fees for your chosen subscription plan. Fees are typically billed in advance on a recurring basis (e.g., monthly or annually) unless otherwise specified. Payments are processed through a third-party payment processor (as mentioned in our Privacy Policy). You must provide valid and current payment information. By providing payment information, you authorize us (or our third-party processor) to charge such payment method for all fees due for your subscription.

6.3. Fee Changes

We reserve the right to change our subscription fees upon reasonable prior notice. Any fee changes will become effective at the end of the then-current billing cycle. Your continued use of the Service after the fee change constitutes your agreement to pay the modified fee amount.

6.4. Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities, unless otherwise stated. You are responsible for paying all such taxes.

6.5. Refunds

Subscription fees are generally non-refundable, except as required by law or as explicitly stated otherwise in a specific offer.

7. Intellectual Property Rights

Excluding your User Content (Input Text and Generated Audio), the Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, the underlying TTS models, the design, selection, and arrangement thereof), are owned by VoiceWave, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not use VoiceWave's trademarks, logos, or trade dress without our prior written permission.

8. Termination

8.1. Termination by You

You may terminate your account and stop using the Service at any time by following the instructions on our website or contacting customer support. Termination does not entitle you to a refund of any prepaid fees unless otherwise required by law.

8.2. Termination by Us

We may suspend or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Grounds for termination may include, but are not limited to: (a) breach or violation of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification of the Service, (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, or (f) non-payment of any fees owed by you in connection with the Service.

8.3. Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. We will handle the deletion of your data as described in the "Data Retention" section of our Privacy Policy.

9. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VOICEWAVE AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NEITHER VOICEWAVE NOR ITS SUPPLIERS AND LICENSORS MAKE ANY WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, ACCURATE, RELIABLE, OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU OBTAIN CONTENT OR SERVICES THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK.

WE DO NOT WARRANT THAT THE GENERATED AUDIO WILL MEET YOUR REQUIREMENTS, BE FREE FROM ERRORS OR INACCURACIES, OR BE SUITABLE FOR ANY PARTICULAR APPLICATION.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VOICEWAVE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS 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, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
• ANY CONTENT OBTAINED FROM THE SERVICE; OR
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VOICEWAVE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNT YOU PAID VOICEWAVE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT VOICEWAVE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

11. Indemnification

You agree to defend, indemnify, and hold harmless VoiceWave, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your Input Text, your use of Generated Audio, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect, such as by updating the "Last Updated" date at the top of these Terms and/or by notifying you via email or through the Service. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction - e.g., the State of California, USA or the country where VoiceWave is based], without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in [Your City, Your Jurisdiction], using the English language in accordance with the Arbitration Rules and Procedures of [Arbitration Body - e.g., JAMS, AAA] then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the courts located in [Your City, Your Jurisdiction].

[Note: Replace placeholders like "[Your Jurisdiction]", "[Your City]", and "[Arbitration Body]" with specific details relevant to VoiceWave's legal setup. Consider consulting legal counsel for appropriate choices.]

14. Miscellaneous

14.1. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and VoiceWave regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

14.2. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

14.3. Waiver

No waiver by VoiceWave of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of VoiceWave to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without VoiceWave's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. VoiceWave may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

15. Contact Us

If you have any questions about these Terms of Service, please contact us:

• By email: [email protected]
• By visiting this page on our website: Contact