The Voice Universe Beta Testing Terms are made by and between the entity
accepting these Testing Terms ("you") and Voice.ai unless otherwise
indicated below (as applicable, "we" or "us"), and are effective as of the
date you first accept them (whether via an online click-through agreement,
signed agreement or by using the Voice Universe Beta Product) (the
"Effective Date").
-
General Terms. Voice Universe allows you to create a voice
clone and upload it to our platform. Any voice
you upload may be
publicly available. We may test Voice.ai products and make them
available to you under these Beta Testing Terms (each, the "Beta
Product"). These products are not for commercial use. For purposes of
these Terms, Voice.ai Products may also include software, features,
services, APIs, and other products created for businesses (as we make
them available under these Beta Testing Terms, each, a “Voice.ai
Product” and, also the Beta Product). You agree these Beta Testing Terms
are separate and independent agreements for each such Beta Product.
-
Beta Testers. The Beta Product is in a testing phase and
may contain errors. You agree the Beta Product is
provided "AS IS" and also "AS AVAILABLE." We reserve the right to modify
or terminate the software or your access to the Software or the
participation in our Beta Testers Program for any reason, without
notice, at any time, and without liability to you. Under these Beta
Testing Terms, you agree to use reasonable efforts to provide
suggestions or comments and report any bugs or issues related to your
use of the Beta Product in a timely basis or as otherwise agreed between
the parties in writing via email or contact form. By using our services,
you consent to us utilizing your hardware for metamodel training and
computational purposes. You acknowledge that all users have the option
to disable this feature at any time. You agree not to disclose feedback
to any third party and hereby assign to us all right,
title and interest in and to any feedback, without any right to
compensation or other obligation from us.
-
Use Restrictions.
We reserve the right to remove any voice from the Beta Product for any
reason including if we are uncertain about their intentions, conduct or
feel they are in breach of our Terms. You may only upload audio to our
platform with authorization from the person whose voice was used. Voices
may only be uploaded to our platform for the purpose of parody or
satire. You acknowledge and agree you have the rights to any content
uploaded to our platform or any content generated using our platform
including content which may be used to convert or create audio. You are
responsible for all files you upload to and generate on the platform,
and for the consequences of publishing those files elsewhere. The
products under these Beta Testing Terms are not available to rent,
lease, distribute, or resell the Beta Product(s), or use the Beta
Product(s) as the basis for or in conjunction with developing a
competitive solution (or contract with a third party to do so), or
remove or alter any of the logos, trademark, patent or copyright
notices, confidentiality or proprietary legends or other notices or
markings that are on or in the Beta Product(s).
-
Branding. In accordance with the Brand Use Guidelines, you
agree to provide proper credit to Voice.ai for
any use of its products.
-
Warranty Disclaimer & Performance Liability. With regard
to the Voice Universe, all voices are
user-generated and we are not liable for any such voices uploaded to our
platform. The Beta Product and any related Software are test products
and may contain prerelease code. They do not have any guaranteed level
of performance, accuracy or compatibility. Software may not operate
correctly and may be substantially modified prior to public availability
or withdrawn at any time. Accordingly, access to and use of the Beta
Product(s) is entirely at your own risk. In no event shall we be
responsible for any loss or direct, indirect, special, incidental or
consequential damage whatsoever arising out of the use of or inability
to use the Beta Product(s), or in any other way caused by Software,
either to Beta Testers or third parties, or their property even if we
have been advised of the possibility of such damages. You are advised to
safeguard important data, to use caution and not to rely in any way on
the correct functioning or performance of any Beta Product.
You agree to waive any and all claims against us arising out of the
performance or nonperformance of a Beta Product or Software and
acknowledge and agree such products and Software are provided AS IS and
we disclaim any and all representations or warranties of any kind,
whether expressed or implied, with respect to it, including any implied
warranties of merchant ability or fitness for a particular purpose. The
entire risk arising out of the use or performance of Software remains
with you.
-
Indemnification. You agree to indemnify, defend and hold
harmless Voice.ai and any parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and
employees, from any claim or demand, including reasonable attorneys’
fees, made by any third-party due to or arising out of your breach of
these Terms of Service or arising from the creation or use of documents
and/or files created using any Voice.ai software including, but not
limited to, any statements or images included in your content, the
posting of any content created using Voice.ai software on any platform
or distributed electronically to any party, and/or your violation of any
law or the rights of a third-party.
-
Injunctive Relief. You agree that irreparable harm would
occur in the event that any of the provisions of
this Agreement are not performed in accordance with their specific terms
or were otherwise breached for which money damages would not be an
adequate remedy at law. It is accordingly agreed that the we shall be
entitled to an injunction or injunctions and other equitable relief to
prevent breaches of this Agreement, any requirement for the securing or
posting of any bond in connection with the obtaining of any such
injunctive or other equitable relief hereby being waived.
-
Proprietary Rights. We retain all right, title and
ownership to the Beta product. You agree the Beta Product
is for personal use only. You may not sell, transfer, assign, pledge or
in any way encumber or convey the Beta product or any portion or
component thereof to any third party or use it in any manner to produce,
market or support your own products. You shall not copy, sell or market
Beta product to any third party; or modify, reuse, disassemble,
decompile, reverse engineer or otherwise translate the beta product or
any portion thereof.
-
Digital Rights Protection. We recognize the importance of
protecting the Digital Rights and the Intellectual
Property of a voice owner and will make our best effort to support such
rights in accordance with the law.
-
Confidentiality. "Confidential Information" means all
non-public information including any information
disclosed by us to you, or accessed or provided by you, relating to the
Beta Product, including your use, feedback, and the Beta Product Terms
(defined below). You agree not to use any Confidential Information
except as needed to use or test the Beta Product hereunder; to maintain
Confidential Information with the reasonable level of care you use to
protect your own and you will not disclose any such information to any
person or entity aside from those who require access under these Beta
Testing Terms and who are bound by written confidentiality obligations
similar to those under these Beta Testing Terms; provided, however, that
you will remain responsible for each such person's or entity's
compliance with and breach of the confidentiality terms herein. This
confidentiality provision supersedes any prior agreements between the
parties solely with respect to Confidential Information hereunder.
-
Beta Product Terms. Specific terms and policies related to
the Product may apply to your use of the Beta
Product (the "Product Terms"). These Terms, in this case, will be made
available to you and will also apply to your use of the Beta Product.
Once these Product Terms are available, the online version of such
Product Terms will supersede any prior versions provided to you. By
continuing to access, test, or use the Beta Product after any
modification to the applicable Product Terms, you agree to be bound by
them.
-
Platform. The following applies to your use of any Beta
Product that is part of the Voice.ai Platform. You
agree that you: (a) will comply with such Terms and Policies and any
documentation made available to you relating to the Beta Product.
-
Term. For each Beta Product, the term of these Beta
Testing Terms will begin on the Effective Date and,
unless terminated earlier in accordance with the Applicable Terms, will
continue until the earlier of (i) the date specified by us in our sole
discretion (after which you will cease use of such Beta Product), (ii)
the date we (in our sole discretion) make such Beta Product generally
publicly available (after which any permitted use is subject to our
Online Terms and not these Testing Terms), or (iii) the date we
discontinue such Beta Product. These Testing Terms, as applied to each
Beta Product, may be terminated by either party: (a) with cause
immediately upon written notice to the other party; or (b) without cause
upon thirty (30) days' prior written notice to the other party. Sections
2, 3, 10, and 11 of these Testing Terms, and the provisions of the
Online Terms, will survive any termination or expiration of these
Testing Terms.
-
Governing Law. These terms are governed and construed by
the laws and venue of The Commonwealth of Puerto
Rico without regard to choice of law rules. You irrevocably submit to
the exclusive jurisdiction of the courts therein.
-
Miscellaneous. Any participation by you as a Beta Tester
does not create a partnership, agency relationship,
or joint venture between the parties. You agree that your use of the
Beta Product is subject to all of our other applicable online terms and
policies. These Beta Testing Terms are supplemental terms under our
Terms and other policies. In the case these Beta Testing Terms conflict
with other Terms, these Beta Testing Terms will govern your use of the
Beta Product to the extent of any conflict. We retain exclusive
ownership of the Beta Product. Notwithstanding the foregoing, any Terms
available online continue to apply to your use of any Voice.ai Products
other than the Beta Product. We reserve the right to modify these Beta
Testing Terms any time, and by continuing to access, test, or use the
Beta Product after any modification to these Beta Testing Terms, you
agree to be bound by them.